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 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 61-288; 1966 (54) 2081; 1989 Act No. 189, Part II, Section 39E, 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 4, eff April 10, 2001; 2008 Act No. 311, Section 45, eff June 4, 2008.
Structure South Carolina Code of Laws
Chapter 9 - Retirement System For Members Of General Assembly
Section 9-9-5. System prospectively closed.
Section 9-9-31. Confidentiality of member records.
Section 9-9-55. Member of General Assembly for part of year may establish full year credit.
Section 9-9-60. Retirement; amount of retirement allowance.
Section 9-9-65. Disability retirement allowance.
Section 9-9-66. Medical examination of disability beneficiary.
Section 9-9-67. Reduction of disability allowance.
Section 9-9-70. Optional forms of allowances.
Section 9-9-80. Allowances payable in monthly installments.
Section 9-9-100. Payments on death of member or beneficiary.
Section 9-9-110. Effect of return of beneficiary to service as member of General Assembly.
Section 9-9-130. Contributions of State to Retirement System for members of General Assembly.
Section 9-9-140. Office of the Director.
Section 9-9-170. Assets to be credited to two funds.
Section 9-9-175. Interest on member accounts.
Section 9-9-200. Property of system exempt from state and local taxes.
Section 9-9-210. False statements and falsification of records.
Section 9-9-220. Payments to beneficiaries may include payments to persons, trustees, and estates.
Section 9-9-240. Compensation used to determine benefits to be subject to federal limitations.
Section 9-9-245. Compliance with USERRA.
Section 9-9-250. Compliance with Internal Revenue Code.
Section 9-9-255. Compliance with Internal Revenue Code Section 401(a)(9).
Section 9-9-260. Compliance with Internal Revenue Code Section 415.