Any county, municipality or other political subdivision of the State and any agency or department thereof which has firemen it employs covered under the South Carolina Retirement System may become an employer and have such firemen covered under the South Carolina Police Officers Retirement System by applying for admission to the System on July 1, 1976, or any subsequent July first. A majority of the persons then employed as firemen by the prospective employer must elect irrevocably to become members of the South Carolina Police Officers Retirement System as of the requested date of admission.
Any fireman who is a member of the South Carolina Retirement System and who becomes a member of the South Carolina Police Officers Retirement System as provided in this section shall be continued as a member under the provisions of the South Carolina Retirement System so long as his membership in the South Carolina Police Officers Retirement System continues. Service credited to the member under the provisions of the South Carolina Police Officers Retirement System shall be considered for the purpose of determining eligibility for benefits but not the amount thereof under the South Carolina Retirement System. Any benefit under either one of these two correlated systems shall be computed solely on the basis of service and contributions credited under that System, but in determining the member's average final compensation, his compensation received during credited service under both Systems shall be taken into account. Such benefits shall be payable at such times and subject to such age and service conditions as provided under the respective Systems; provided, however, a member shall not be eligible to receive retirement payments so long as he is employed in a position covered by the South Carolina Retirement System or the South Carolina Police Officers Retirement System. Notwithstanding the above, the disability retirement benefit shall only be paid from and based on the benefit provisions of the System to which the member is contributing at the time of disability and shall be based on the total of his credited service under both Systems. The amount of accumulated contributions of such disabled member which is credited to his account under the System to which he is not contributing at the time of disability, shall be transferred to the System from which his disability retirement benefit shall be paid.
For the purposes of this section, "fireman" shall mean any person who receives his salary from an employer and who is required by the terms of his employment, either by election or appointment, to give his time to prevention and control of property destruction by fire. No fireman shall be eligible under this section unless his employer certifies to the System that his service as a fireman will require at least one thousand, six hundred hours per year of active duty and that his salary for such service will be at least two thousand dollars per year.
HISTORY: 1962 Code Section 61-49; 1976 Act No. 586 Section 1.
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.