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 a retirement allowance or to the return of contributions, a retirement allowance itself, any optional allowance or payment on death or any other right accrued or accruing to any person under the provisions of this chapter, and the monies of the system are exempted from 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 otherwise provided in this chapter. This section does not apply to any authorized deduction from a retirement allowance.
HISTORY: 1979 Act No. 150 Section 19; 1989 Act No. 189, Part II, Section 39D, 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 3, eff April 10, 2001; 2008 Act No. 311, Section 13, eff June 4, 2008.
Structure South Carolina Code of Laws
Chapter 8 - Retirement System For Judges And Solicitors
Section 9-8-20. System created; powers and privileges; corporate name.
Section 9-8-30. Administration of system; actuary; salaries and expenses.
Section 9-8-35. Confidentiality of member records.
Section 9-8-40. Membership in system; cessation of membership.
Section 9-8-50. Service credit in system; vesting.
Section 9-8-67. Normal retirement age.
Section 9-8-70. Optional retirement allowance.
Section 9-8-80. Allowances payable in monthly installments.
Section 9-8-90. Increase in allowances based on Consumer Price Index.
Section 9-8-100. Repayment of contributions and interest upon cessation of membership.
Section 9-8-110. Payments on death of member or beneficiary.
Section 9-8-120. Return of beneficiary to service of the State; practice of law.
Section 9-8-140. Contributions of State to system.
Section 9-8-150. Director of Retirement System for Judges and Solicitors.
Section 9-8-180. Assets credited to two funds.
Section 9-8-185. Interest on member accounts.
Section 9-8-200. Credit of State not pledged; rights upon termination of system.
Section 9-8-210. Property of system exempt from state and local taxes.
Section 9-8-220. Penalty for false statement or falsification of records.
Section 9-8-240. Compensation used for determining benefits to be subject to federal limitations.
Section 9-8-245. Compliance with USERRA.
Section 9-8-250. Compliance with Internal Revenue Code.
Section 9-8-260. Compliance with Internal Revenue Code Section 401(a)(9).
Section 9-8-270. Compliance with Internal Revenue Code Section 415.