(1) The credited service of a member shall include all service as a member of the General Assembly since he last became a member of the System and in respect of which he makes contributions to the System. It shall also include, in the case of a member of the System who
(a) became such on the date of establishment and
(b) remained a member of the System continuously thereafter until his death or his retirement under the System, service which he was, or would be, entitled to claim as creditable service under the South Carolina Retirement System, notwithstanding that he may not have been a member of the South Carolina Retirement System; provided, that within six months of the date he becomes a member of the System, he shall have caused the full amount of his contributions required to be made under the South Carolina Retirement System in respect of such service to be paid to this System by transfer or otherwise.
(2) Notwithstanding any other provision of law, any member of the Retirement System for members of the General Assembly who has rendered service which would have been creditable under a correlated system may establish the service with this System, provided payment is made to the System on the same basis as members of the General Assembly contributed for the same period of time plus interest.
A former member of the General Assembly who is a member of the South Carolina Retirement System may transfer credit from the Retirement System for members of the General Assembly to the South Carolina Retirement System upon payment of an amount equal to four percent of his current salary or the average of his salary in the three highest consecutive years, whichever is greater, for each year of service credited.
(3) When membership in the System ceases for any reason other than death or retirement, the service previously credited to the member of the System shall be cancelled and, should he again become a member of the System, he shall enter the System as a new member of the System not entitled to credit for previous service.
(4) A member of the General Assembly may establish service credit in the system for the same types of service, at the same cost, and under the same conditions, as members of the South Carolina Retirement System may establish service in the South Carolina Retirement System pursuant to Section 9-1-1140.
HISTORY: 1962 Code Section 61-275; 1966 (54) 2081; 1967 (55) 252; 1972 (57) 2207; 1978 Act No. 644 Part II Section 27; 1983 Act No. 151 Part II Section 21B; 1990 Act No. 412, Section 7(A), eff April 11, 1990; 1998 Act No; 439, Section 2, eff June 16, 1998; 2000 Act No. 387, Part II, Section 32A, eff January 1, 2001.
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.