Except as provided in Section 9-18-10, and related sections, Article 11, Chapter 17, Title 63 and Section 8-1-115 and subject to the doctrine of constructive trust ex maleficio, and subject to income tax levies imposed pursuant to state or federal law and distributions made pursuant to the federal Pension Protection Act of 2006, the right of a person to an annuity or a retirement allowance or to the return of contributions, an annuity, or retirement allowance itself, any optional benefit, or any other right accrued or accruing to any person under the provisions of this chapter, and the monies of the system created under the provisions of this chapter or any private retirement system operated by a municipality, are exempted from any state or municipal tax, except the taxes imposed pursuant to Chapters 6 and 16 of Title 12, and exempted from levy and sale, garnishment, attachment, or any other process and are unassignable except as specifically otherwise provided in this chapter. This section does not apply to any authorized deduction from a retirement allowance.
HISTORY: 1962 Code Section 61-116; 1952 Code Section 61-116; 1945 (44) 212; 1949 (46) 424; 1988 Act No. 297, eff February 2, 1988; 1989 Act No. 189, Part II, Section 39C, eff for taxable years beginning after 1988 and with respect to estates of decedents dying after 1988 (became law on June 8, 1989, without the Governor's signature); 2001 Act No. 16, Section 2, eff April 10, 2001; 2008 Act No. 311, Section 8, eff June 4, 2008.
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 9-1-1665. 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.