Until the first payment of a retirement allowance becomes normally due, a member may elect, by filing written application with the board, to convert the retirement allowance otherwise payable on his account after retirement into a retirement allowance of equivalent actuarial value under which a reduced retirement allowance is payable during the beneficiary's life, with the provision that one-third of the reduced allowance continues after his death to and for the life of the contingent beneficiary designated by him in the application, if the beneficiary were to survive him. For purposes of this section, the member may not designate his spouse as contingent beneficiary.
Until the final payment of a retirement allowance becomes normally due, a member may elect, by filing written application with the board, to convert the retirement allowance otherwise payable on his account after retirement into a retirement allowance of equivalent actuarial value under which a reduced retirement allowance is payable during the beneficiary's life, with the provision that one-third of the reduced allowance is payable in equal shares to and for the life of each of two or more beneficiaries or to the trustee or trustees of the beneficiaries, for so long as each beneficiary survives him. The benefit reduction factor must be based on the average age of the beneficiaries.
The board may approve a five-year, pay-out plan developed by the actuary on the basis of the total retirement allowance for surviving beneficiaries, other than a spouse.
Except as provided in this section, a retired member may not change the form of his monthly payment after the first payment of a retirement allowance is due.
HISTORY: 1979 Act No. 150 Section 7; 1984 Act No. 381, Section 4; 1992 Act No. 336, Section 2, eff May 4, 1992; 2008 Act No. 311, Section 36, 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.