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 retirement allowance or to the return of contributions, a retirement allowance itself, any optional or death benefit, or any other right accrued or accruing to a person under the provisions of this chapter, and the monies of the system 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 61-345.5; 1962 (52) 1933; 1974 (58) 2032; 1989 Act No. 189, Part II, Section 39F, eff for taxable years beginning after 1988 and with respect to estates of decedents dying after 1988 (approved by the Governor June 8, 1989); 2001 Act No. 16, Section 5, eff April 10, 2001; 2008 Act No. 311, Section 23, eff June 4, 2008.
Structure South Carolina Code of Laws
Chapter 11 - Police Officers Retirement System
Section 9-11-15. Payments to beneficiaries may include payments to persons, trustees, and estates.
Section 9-11-20. System created; corporate powers; name; director.
Section 9-11-25. Retirement of probate judges.
Section 9-11-27. Magistrates' participation in the South Carolina Police Officers Retirement System.
Section 9-11-30. The Board shall administer system; powers and duties.
Section 9-11-35. Confidentiality of member records.
Section 9-11-48. Transfer of local retirement system for firefighters to state system.
Section 9-11-90. Effect of restoring beneficiary to service; retirement after return to service.
Section 9-11-100. Members who stop police work may withdraw contributions.
Section 9-11-110. Lump sum paid in event of death.
Section 9-11-120. Preretirement Death Benefit Program; post-retirement death benefit payment.
Section 9-11-125. Death Benefit Plan.
Section 9-11-130. Survivor may elect to receive allowance for life in lieu of lump-sum payment.
Section 9-11-140. Accidental Death Benefit Program.
Section 9-11-150. Optional forms of retirement allowances.
Section 9-11-155. Compliance with Internal Revenue Code.
Section 9-11-160. Allowances paid monthly.
Section 9-11-170. Supplemental Allowance Program.
Section 9-11-175. Compliance with Internal Revenue Code Section 401(a)(9).
Section 9-11-220. Contributions of employers.
Section 9-11-225. Employer and employee contribution rates.
Section 9-11-260. Deposit of assets.
Section 9-11-265. Interest on member accounts.
Section 9-11-290. Property of system is exempt from state and local taxes.
Section 9-11-300. Increase in retirement allowances as of July 1, 1974.
Section 9-11-312. Retirement allowance adjustment.
Section 9-11-320. False statements and falsification of records.
Section 9-11-350. Compensation used to determine benefits to be subject to federal limitations.
Section 9-11-355. Compliance with USERRA.
Section 9-11-360. Compliance with Internal Revenue Code Section 415.
Section 9-11-525. Increase in monthly benefits under Police Insurance and Annuity Fund.