South Carolina Code of Laws
Chapter 16 - Retirement System Funds
Section 9-16-10. Definitions.

As used in this chapter, unless a different meaning is plainly required by the context:
(1) "Assets" means all funds, investments, and similar property of the retirement system.
(2) "Beneficiary" means a person, other than the participant, who is designated by a participant or by a retirement program to receive a benefit under the program.
(3) "Board" means the Board of Directors of the South Carolina Public Employee Benefit Authority acting as trustee of the retirement system.
(3.5) "Commission" means the Retirement System Investment Commission.
(4) "Fiduciary" means a person who:
(a) exercises any authority to invest or manage assets of a system;
(b) provides investment advice for a fee or other direct or indirect compensation with respect to assets of a system or has any authority or responsibility to do so;
(c) is a member of the commission;
(d) is the commission's chief investment officer; or
(e) is the commission's chief executive officer.
(5) "Participant" means an individual who is or has been an employee enrolled in a retirement program and who is or may become eligible to receive or is currently receiving a benefit under the program. The term does not include an individual who is no longer an employee of an employer as defined by laws governing the retirement system and who has withdrawn his contributions from the retirement system.
(6) [Reserved]
(7) "Retirement program" means a program of rights and obligations which a retirement system establishes or maintains and which, by its express terms or as a result of surrounding circumstances:
(a) provides retirement benefits to qualifying employees and beneficiaries; or
(b) results in a deferral of income by employees for periods extending to the termination of covered employment or beyond.
(8) "Retirement system" means the South Carolina Retirement System, Retirement System for Judges and Solicitors, Retirement System for Members of the General Assembly, National Guard Retirement System, and Police Officers Retirement System established pursuant to Chapters 1, 8, 9, 10 and 11 of this title.
(9) "Trustee" means the Board of Directors of the South Carolina Public Employee Benefit Authority.
HISTORY: 1998 Act No. 371, Section 2, eff May 26, 1998; 2005 Act No. 153, Pt IV, Section 2, eff July 1, 2005; 2005 Act No. 155, Section 4, eff January 1, 2006; 2012 Act No. 278, Pt IV, Subpt 2, Section 56, eff July 1, 2012; 2017 Act No. 13 (H.3726), Pt. III, Section 7, eff July 1, 2017.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 9 - Retirement Systems

Chapter 16 - Retirement System Funds

Section 9-16-10. Definitions.

Section 9-16-20. Investment and management authority of commission; holding assets in group trust under Section 401(a)(24) of the Internal Revenue Code.

Section 9-16-30. Delegation of functions by commission; standard of care; agent's duty and submission to jurisdiction.

Section 9-16-40. Standards for discharge of duty.

Section 9-16-50. Investment and management considerations by trustee; diversification; verification of facts; statement of investment objectives and policies.

Section 9-16-55. Investments in companies that in their operations are complicit with the government of Sudan in the Darfur genocide.

Section 9-16-60. Evaluation of fiduciary's compliance with law not to be hindsight; decision-making evaluated in context of whole portfolio.

Section 9-16-70. Liability for breach of duty; insurance by retirement system or fiduciary; disclosure of terms and conditions.

Section 9-16-80. Investment meetings of board or commission as executive sessions exempt from disclosure; records of meetings.

Section 9-16-90. Quarterly and annual investment reports; contents.

Section 9-16-100. Restrictions on lobbyists.

Section 9-16-315. Retirement System Investment Commission; membership; terms; qualifications; chief executive officer; chief investment officer and administrative staff; attorneys; costs and salary.

Section 9-16-320. Adoption of annual investment plan; quarterly review; deliberations in executive session; independent advisors.

Section 9-16-330. Statement of actuarial assumptions and investment objectives; delegation of final authority to invest; components of plan; diversification; verification of investment facts; analysis and recommendations.

Section 9-16-335. Assumed annual rate of return.

Section 9-16-340. Investment of retirement systems assets; annual investment plan; adoption and review.

Section 9-16-345. Minority and minority-owned business representation.

Section 9-16-350. Use of information for self-interest; blind trusts; violations; punishment; provisions cumulative with other laws.

Section 9-16-360. Standards of conduct for fiduciary or employee of fiduciary.

Section 9-16-370. Defense and indemnification of Retirement System Investment Commission members, officers, and management employees.

Section 9-16-380. Audit of Retirement System Investment Commission.

Section 9-16-710. Investment education services.