(A) The person nominated by a member to receive the full amount of the member's accumulated contributions if the member dies before retirement may, if the member:
(1) has five or more years of earned service or eight or more years of such service for a Class Three member;
(2) dies while in service; and
(3) has either attained the age of sixty years or has accumulated fifteen years or more of creditable service, elect to receive in lieu of the accumulated contributions an allowance for life in the same amount as if the deceased member had retired at the time of the member's death and had named the person as beneficiary under an election of Option B of Section 9-1-1620(A).
For purposes of the benefit calculation, a member who is not yet eligible for service retirement is assumed to be sixty years of age.
(B) A person otherwise eligible under subsection (A) of this section to elect to receive an allowance but who has received a refund of the member's accumulated contributions under Section 9-1-1650, upon repayment of the refund to the system in a single sum, may make the election provided for in subsection (A). The monthly payments under Option B to the person date from the time of the repayment of the accumulated contributions to the system.
(C) Regardless of whether a member is in service, if a member dies before retirement and, at the time of the member's death, was eligible to receive a service retirement allowance pursuant to Section 9-1-1510 or Section 9-1-1515, the person nominated by a member to receive the full amount of the member's accumulated contributions if the member dies before retirement may elect to receive, in lieu of the accumulated contributions, an allowance for life in the same amount as if the deceased member had retired at the time of the member's death and had named the person as beneficiary under an election of Option B of Section 9-1-1620(A).
(D) If a member has designated more than one beneficiary for the receipt of the member's accumulated contributions if the member dies before retirement, and if those beneficiaries become eligible to elect an allowance pursuant to this section upon the member's death, all of the beneficiaries must elect the allowance in order for the allowance to become payable in lieu of the return of accumulated contributions.
HISTORY: 1962 Code Section 61-114.1; 1956 (49) 1605; 1957 (50) 540; 1962 (52) 1659; 1978 Act No. 644 Part II Section 33; 1981 Act No. 133, Section 1; 1983 Act No. 26 Section 1; 1985 Act No. 201, Part II, Section 48C; 2000 Act No. 387, Part II, Section 67V, eff January 1, 2001; 2012 Act No. 278, Pt I, Section 13, Pt IV, Subpt 3, Section 66.A, eff July 1, 2012.
Structure South Carolina Code of Laws
Chapter 1 - South Carolina Retirement System
Section 9-1-30. Property of system exempt from taxation.
Section 9-1-40. Penalties for making false statement or record.
Section 9-1-60. 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 9-1-320. Confidentiality of member records.
Section 9-1-410. Membership generally.
Section 9-1-425. Contributing member of system.
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 9-1-550. Option of certain public school employees.
Section 9-1-560. Option of day laborers.
Section 9-1-580. Option of certain hospital employees.
Section 9-1-610. Determination of who is teacher or employee.
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 9-1-830. Prior service certificates.
Section 9-1-840. What constitutes one year of service.
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 9-1-1110. 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 9-1-1170. Collection of employers' contributions.
Section 9-1-1175. Employer contributions.
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 9-1-1550. Service retirement allowances.
Section 9-1-1560. Allowances upon retirement for disability.
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 9-1-1620. 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 9-1-1660. 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 9-1-1760. 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 9-1-1770. Preretirement Death Benefit Program; post-retirement benefit payment.
Section 9-1-1775. Death Benefit Plan.
Section 9-1-1790. Amount which may be earned upon return to covered employment.
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 9-1-1920. Minimum allowance for certain persons who retired prior to July 1, 1945.
Section 9-1-1950. Minimum allowance for certain members of General Assembly.
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.