South Carolina Code of Laws
Chapter 1 - South Carolina Retirement System
Section 9-1-1550. Service retirement allowances.

(A) Upon retirement from service on or after July 1, 1964, a Class One member shall receive a service retirement allowance which shall consist of:
(1) an employee annuity which shall be the actuarial equivalent of his accumulated contributions at the time of his retirement; and
(2) an employer annuity equal to the employee annuity allowable at the age of sixty-five years or at age of retirement, whichever is less, computed on the basis of contributions made prior to the age of sixty-five years; and
(3) if he has a prior service certificate in full force and effect, an additional employer annuity which must be equal to the employee annuity which would have been provided at age sixty-five or at age of retirement, whichever is less, by twice the contributions which he would have made during his entire period of prior service had the system been in operation and had he contributed thereunder during such entire period.
Upon retirement from service after December 31, 2000, a Class One member shall receive a service retirement allowance computed as follows: If the member's service retirement date occurs on or after his sixty-fifth birthday, or after he has completed twenty-eight or more years of creditable service, the allowance must be equal to one and forty-five hundredths percent of his average final compensation multiplied by the number of years of his creditable service.
If the member's service retirement date occurs before his sixty-fifth birthday and before he completes twenty-eight years of creditable service, his service retirement allowance is computed as above, but is reduced by five-twelfths of one percent thereof for each month by which his retirement date precedes the first day of the month, prorated for periods less than a month, coincident with or next following his sixty-fifth birthday.
Notwithstanding the foregoing provisions, any Class One member who retires on or after July 1, 1976, shall receive not less than the benefit provided under the formula in effect before July 1, 1976.
(B) Upon retirement from service after December 31, 2000, a Class Two member shall receive a service retirement allowance computed as follows:
(1) If the member's service retirement date occurs on or after his sixty- fifth birthday or after he has completed twenty-eight or more years of creditable service, the allowance must be equal to one and eighty-two hundredths percent of his average final compensation, multiplied by the number of years of his creditable service.
(2) If the member's service retirement date occurs before his sixty-fifth birthday and before he completes the twenty-eight years of creditable service, his service retirement allowance is computed as in item (1) above but is reduced by five-twelfths of one percent thereof for each month, prorated for periods less than a month, by which his retirement date precedes the first day of the month coincident with or next following his sixty-fifth birthday.
(3) Notwithstanding the foregoing provisions, a Class Two member whose creditable service began before July 1, 1964, shall receive not less than the benefit provided by subsection (A) of this section.
(C) Upon retirement from service after June 30, 2012, a Class Three member shall receive a service retirement allowance computed as follows:
(1) If the member's service retirement date occurs on or after his sixty-fifth birthday or if the member has satisfied the rule of ninety requirement, the allowance must be equal to one and eighty-two hundredths percent of the member's average final compensation, multiplied by the number of years of the member's creditable service.
(2) If the member's service retirement date occurs before his sixty-fifth birthday and before he satisfies the rule of ninety requirement the member's service retirement allowance is computed as in item (1) of this subsection but is reduced by five-twelfths of one percent thereof for each month, prorated for periods less than a month, by which his retirement date precedes the first day of the month coincident with or next following his sixty-fifth birthday.
HISTORY: 1962 Code Section 61-105; 1952 Code Section 61-105; 1945 (44) 212; 1949 (46) 424; 1955 (49) 38, 153; 1964 (53) 1843; 1965 (54) 622; 1966 (54) 2009; 1969 (56) 259; 1972 (57) 2443; 1975 (59) 154; 1976 Act No. 587 Section 2; 1979 Act No. 16 Section 1; 1984 Act No. 384, Sections 1, 2; 1988 Act No. 475, Section 1, eff July 1, 1988; 1989 Act No. 189, Part II, Section 60B, eff July 1, 1989 (became law without the Governor's signature); 2001 Act No. 1, Part II, Section 2A4, eff January 1, 2001; 2012 Act No. 278, Pt I, Section 11, eff July 1, 2012.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 9 - Retirement Systems

Chapter 1 - South Carolina Retirement System

Section 9-1-10. Definitions.

Section 9-1-20. South Carolina Retirement System created; system shall have powers and privileges of corporation; purposes of system.

Section 9-1-30. Property of system exempt from taxation.

Section 9-1-40. Penalties for making false statement or record.

Section 9-1-50. Reservation of right to revise system to conform to changes in Federal Social Security Act.

Section 9-1-60. Implementation of "cafeteria" plan.

Section 9-1-100. Payments to beneficiaries may include payments to persons, trustees, and estates.

Section 9-1-210. Board shall administer system.

Section 9-1-230. Authority to engage actuarial and other services.

Section 9-1-240. Actuary for board.

Section 9-1-250. Investigation and valuation by actuary every five years.

Section 9-1-260. Annual valuation by actuary.

Section 9-1-270. Board shall keep actuarial data in convenient form.

Section 9-1-280. Board shall determine interest rate; base rate established.

Section 9-1-290. Rules and regulations.

Section 9-1-300. Records and reports.

Section 9-1-310. Administrative costs of retirement systems funded from interest earnings; allocation of costs.

Section 9-1-320. Confidentiality of member records.

Section 9-1-410. Membership generally.

Section 9-1-420. Certain persons employed after December 31, 1948, are automatically members of system.

Section 9-1-425. Contributing member of system.

Section 9-1-430. Special provision for certain persons employed between April 26, 1945 and December 31, 1966.

Section 9-1-450. Members of other agency or departmental retirement plans.

Section 9-1-460. Discontinuance of certain local plans or funds.

Section 9-1-470. Political subdivisions may apply for admission to system as employers.

Section 9-1-480. Employees of political subdivisions as members.

Section 9-1-490. Firemen and peace officers.

Section 9-1-510. Option of employees and teachers receiving $100 or less a month; legislators, and certain elected officials.

Section 9-1-520. Certain members of General Assembly may elect to remain members of system; contributions.

Section 9-1-530. Certain former legislators may elect to remain members following termination of service; contributions; members must establish service and qualify for allowance on or before December 31, 1965.

Section 9-1-540. Certain constitutional officers and members of General Assembly may elect, prior to December 31, 1965, to return to system.

Section 9-1-550. Option of certain public school employees.

Section 9-1-560. Option of day laborers.

Section 9-1-570. Option of state employees required to become members of Federal Railroad Retirement System.

Section 9-1-580. Option of certain hospital employees.

Section 9-1-610. Determination of who is teacher or employee.

Section 9-1-620. Effect on members, beneficiaries, their widows or other dependents, of other statutes.

Section 9-1-630. Certain persons may withdraw from system.

Section 9-1-640. Employers and members divided into two classes; change from Class One to Class Two.

Section 9-1-650. Continuation of membership in correlated systems.

Section 9-1-660. Firemen eligible for Police Officers Retirement System; benefits.

Section 9-1-670. Members eligible for membership in South Carolina State Employees Credit Union.

Section 9-1-810. Claims for prior service.

Section 9-1-820. Verification of service claimed; determination of compensation paid during period of prior service.

Section 9-1-830. Prior service certificates.

Section 9-1-840. What constitutes one year of service.

Section 9-1-1010. Assets to be credited to employee annuity savings fund and employer annuity accumulation fund.

Section 9-1-1020. Employee annuity savings fund; deductions from compensation of members of System; employer to pay required member contributions on earnings after July 1, 1982; tax treatment; funding; retirement treatment.

Section 9-1-1030. Deductions must be made although compensation is reduced below legal minimum; consent to deductions.

Section 9-1-1050. Employer annuity accumulation fund; contributions paid by employers.

Section 9-1-1060. Normal contribution rate.

Section 9-1-1070. Accrued liability contribution rate.

Section 9-1-1080. Minimum contributions to employer annuity accumulation fund.

Section 9-1-1085. Employer and employee contribution rates.

Section 9-1-1090. Discontinuance of accrued liability contribution.

Section 9-1-1100. Employer annuities and benefits to be paid from employer annuity accumulation fund.

Section 9-1-1110. Obligations of employer annuity accumulation fund.

Section 9-1-1120. Transfer between funds on return of retired employee to active service.

Section 9-1-1130. Earnings to be credited to employer annuity accumulation fund.

Section 9-1-1135. Interest on member accounts.

Section 9-1-1140. Establishing service credits by making payments into system; career highest fiscal year salary; credits during absences; employer payments; rules and regulations; credits for unused sick leave.

Section 9-1-1160. Collection of members' contributions; failure to make payroll reports and remittances; employer to pay required member contributions on earnings after July 1, 1982; tax treatment; funding; retirement treatment.

Section 9-1-1170. Collection of employers' contributions.

Section 9-1-1175. Employer contributions.

Section 9-1-1180. Deductions and employer contributions for teachers and employees of technical training schools.

Section 9-1-1190. Board may change accounting methods and procedures of system.

Section 9-1-1210. Employer contributions shall reflect cost of Preretirement Death Benefit Program.

Section 9-1-1310. Trustee of retirement system; investment of funds.

Section 9-1-1320. Custodian of assets of the Retirement System.

Section 9-1-1330. Cash kept available with State Treasurer.

Section 9-1-1340. Conflicts of interest and use of funds by commission members or employees.

Section 9-1-1350. Transfers from general fund authorized.

Section 9-1-1510. Retirement of members at age 60 or after 28 years' service.

Section 9-1-1515. Early retirement.

Section 9-1-1540. Disability retirement.

Section 9-1-1545. Election between service retirement and disability retirement; receipt of service retirement pending approval of disability retirement.

Section 9-1-1550. Service retirement allowances.

Section 9-1-1560. Allowances upon retirement for disability.

Section 9-1-1570. Reexamination of beneficiaries retired on account of disability; consequences of refusal to submit to reexamination.

Section 9-1-1580. Effect of ability to engage in gainful occupation; change in amount of disability retirement allowance.

Section 9-1-1590. Effect of restoring beneficiaries to active service.

Section 9-1-1610. Members of General Assembly may draw retirement benefits under certain conditions.

Section 9-1-1615. Retirement allowances payable in monthly installments; payments after death of retired member.

Section 9-1-1620. Optional forms of allowances.

Section 9-1-1625. Compliance with Internal Revenue Code.

Section 9-1-1630. Special benefits to teachers for service prior to July 1, 1945.

Section 9-1-1640. Manner of paying annuities.

Section 9-1-1650. Amounts paid upon termination of employment; election to leave contributions in system; effect of death before or after retirement.

Section 9-1-1660. Nominee on member's death may receive monthly allowance instead of accumulated contributions.

Section 9-1-1665. Compliance with Internal Revenue Code Section 401(a)(9).

Section 9-1-1670. Change or error in records.

Section 9-1-1680. Exemption from taxation and legal process; exceptions; assignment.

Section 9-1-1690. Credit of State is not pledged for payments; rights in case of termination of system or discontinuance of contributions.

Section 9-1-1740. Increase in benefits for persons who were receiving benefits prior to July 1, 1966.

Section 9-1-1750. Increase in benefits for persons who were receiving benefits prior to July 1, 1967 and subsequent to June 30, 1966.

Section 9-1-1760. Increase in benefits for persons who retired prior to July 1, 1972.

Section 9-1-1765. Additional increase in benefits for persons who retired prior to July 1, 1972.

Section 9-1-1766. Further additional increase in benefits for persons who retired prior to July 1, 1972.

Section 9-1-1767. Increase of benefits payable due to retirement before July 1, 1988 and July 1, 1989.

Section 9-1-1770. Preretirement Death Benefit Program; post-retirement benefit payment.

Section 9-1-1775. Death Benefit Plan.

Section 9-1-1780. Recomputation allowances of certain persons having thirty-five or more years of creditable service.

Section 9-1-1790. Amount which may be earned upon return to covered employment.

Section 9-1-1795. Employment of certain retired teachers without loss of retirement benefits; procedure by which retired teachers may be employed.

Section 9-1-1800. Recalculation of benefits for certain persons who retired prior to July 1, 1964.

Section 9-1-1812. Revision of sections upon certain conditions.

Section 9-1-1814. Revision of sections upon certain conditions.

Section 9-1-1815. Retirement allowance adjustments.

Section 9-1-1830. Payment and transfer of funds to the employer annuity accumulation fund.

Section 9-1-1850. Purchases of additional service credit by members with at least twenty-five years of creditable service.

Section 9-1-1870. Beneficiaries receiving Medicaid (Title XIX) sponsored nursing home care; effect on benefits; exception.

Section 9-1-1910. Minimum allowance for persons retiring with twenty or more years of service, generally.

Section 9-1-1920. Minimum allowance for certain persons who retired prior to July 1, 1945.

Section 9-1-1930. Minimum allowance for certain persons whose membership became effective on or after January 1, 1953.

Section 9-1-1940. Minimum allowance for certain persons whose membership became effective on or after January 1, 1951.

Section 9-1-1950. Minimum allowance for certain members of General Assembly.

Section 9-1-1960. Additional payments to certain members of the General Assembly effective July 1, 1972.

Section 9-1-1970. Compensation used for determining benefits to be subject to federal limitations.

Section 9-1-1975. Compliance with USERRA.

Section 9-1-1980. Compliance with Internal Revenue Code Section 415.

Section 9-1-2210. Repealed.