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Chapter 1 - South Carolina Retirement System
Section 9-1-10. Definitions. - As used in this chapter, unless a different meaning is...
Section 9-1-20. South Carolina Retirement System created; system shall have powers and privileges of corporation; purposes of system. - A retirement system is hereby established and placed under the...
Section 9-1-30. Property of system exempt from taxation. - All property owned or acquired by the Retirement System for...
Section 9-1-40. Penalties for making false statement or record. - Any person who shall knowingly make any false statement or...
Section 9-1-50. Reservation of right to revise system to conform to changes in Federal Social Security Act. - The State hereby reserves the right, in case the Federal...
Section 9-1-60. Implementation of "cafeteria" plan. - (A) The System may develop and implement a program for...
Section 9-1-100. Payments to beneficiaries may include payments to persons, trustees, and estates. - Payments made to beneficiaries pursuant to the provisions of this...
Section 9-1-210. Board shall administer system. - The general administration and responsibility for the proper operation of...
Section 9-1-230. Authority to engage actuarial and other services. - The Board shall engage such actuarial and other services as...
Section 9-1-240. Actuary for board. - The board shall designate an actuary, subject to the approval...
Section 9-1-250. Investigation and valuation by actuary every five years. - At least once in each five-year period, the first of...
Section 9-1-260. Annual valuation by actuary. - On the basis of regular interest and tables last adopted...
Section 9-1-270. Board shall keep actuarial data in convenient form. - The Board shall keep in convenient form such data as...
Section 9-1-280. Board shall determine interest rate; base rate established. - The Board shall determine from time to time the rate...
Section 9-1-290. Rules and regulations. - Subject to the limitations hereof, the Board shall, from time...
Section 9-1-300. Records and reports. - The Board shall keep a record of all its proceedings...
Section 9-1-310. Administrative costs of retirement systems funded from interest earnings; allocation of costs. - The administrative cost of the South Carolina Retirement System, the...
Section 9-1-320. Confidentiality of member records. - All records of all active, retired, and inactive members maintained...
Section 9-1-410. Membership generally. - The membership of the System shall be composed as provided...
Section 9-1-420. Certain persons employed after December 31, 1948, are automatically members of system. - All persons who have or shall become teachers or employees...
Section 9-1-425. Contributing member of system. - Notwithstanding any other provision of law, a contributing member of...
Section 9-1-430. Special provision for certain persons employed between April 26, 1945 and December 31, 1966. - All persons who were teachers or State, county or municipal...
Section 9-1-450. Members of other agency or departmental retirement plans. - Notwithstanding any provisions to the contrary, any teacher or employee...
Section 9-1-460. Discontinuance of certain local plans or funds. - If the majority of the members of a retirement or...
Section 9-1-470. Political subdivisions may apply for admission to system as employers. - A county, municipality, or other political subdivision of the State,...
Section 9-1-480. Employees of political subdivisions as members. - All persons, except those specifically excluded in Sections 9-1-450 and...
Section 9-1-490. Firemen and peace officers. - A person employed by the State or by any county,...
Section 9-1-510. Option of employees and teachers receiving $100 or less a month; legislators, and certain elected officials. - All employees and teachers having a monthly compensation from public...
Section 9-1-520. Certain members of General Assembly may elect to remain members of system; contributions. - Members of the General Assembly who have been members of...
Section 9-1-530. Certain former legislators may elect to remain members following termination of service; contributions; members must establish service and qualify for allowance on or before December 31, 1965. - Members of the General Assembly who have been members of...
Section 9-1-540. Certain constitutional officers and members of General Assembly may elect, prior to December 31, 1965, to return to system. - Any constitutional officer who has been a member of the...
Section 9-1-550. Option of certain public school employees. - Any teacher or employee employed in connection with the public...
Section 9-1-560. Option of day laborers. - Day laborers may exercise an option not to become members...
Section 9-1-570. Option of state employees required to become members of Federal Railroad Retirement System. - Any person who becomes an employee of the State and,...
Section 9-1-580. Option of certain hospital employees. - (A) Any persons employed by a hospital, which is an...
Section 9-1-610. Determination of who is teacher or employee. - In all cases of doubt, the Board shall determine whether...
Section 9-1-620. Effect on members, beneficiaries, their widows or other dependents, of other statutes. - Subject to the provisions of Chapter 5 of this Title,...
Section 9-1-630. Certain persons may withdraw from system. - The Director of the South Carolina Retirement System is authorized...
Section 9-1-640. Employers and members divided into two classes; change from Class One to Class Two. - Notwithstanding any other provisions of law governing the System, effective...
Section 9-1-650. Continuation of membership in correlated systems. - As used in this section, "correlated system" shall mean one...
Section 9-1-660. Firemen eligible for Police Officers Retirement System; benefits. - Any county, municipality or other political subdivision of the State...
Section 9-1-670. Members eligible for membership in South Carolina State Employees Credit Union. - Notwithstanding any other provision of law, any person who is...
Section 9-1-810. Claims for prior service. - Under rules and regulations adopted by the Board, each member...
Section 9-1-820. Verification of service claimed; determination of compensation paid during period of prior service. - Subject to the restrictions herein contained and to such other...
Section 9-1-830. Prior service certificates. - Upon verification of such statements of service, the Board issued...
Section 9-1-840. What constitutes one year of service. - The Board shall fix and determine by appropriate rules and...
Section 9-1-1010. Assets to be credited to employee annuity savings fund and employer annuity accumulation fund. - All of the assets of the System are credited, according...
Section 9-1-1020. Employee annuity savings fund; deductions from compensation of members of System; employer to pay required member contributions on earnings after July 1, 1982; tax treatment; funding; retirement treatment. - The employee annuity savings fund shall be the account in...
Section 9-1-1030. Deductions must be made although compensation is reduced below legal minimum; consent to deductions. - The deductions provided for in Section 9-1-1020 shall be made...
Section 9-1-1050. Employer annuity accumulation fund; contributions paid by employers. - The employer annuity accumulation fund shall be the account: (1)...
Section 9-1-1060. Normal contribution rate. - On the basis of regular interest and of such mortality...
Section 9-1-1070. Accrued liability contribution rate. - The rate per cent determined immediately after the first valuation...
Section 9-1-1080. Minimum contributions to employer annuity accumulation fund. - The total amount payable in each year by each employer...
Section 9-1-1085. Employer and employee contribution rates. - (A) As provided in Sections 9-1-1020 and 9-1-1050, the employer...
Section 9-1-1090. Discontinuance of accrued liability contribution. - The accrued liability contribution shall be discontinued as soon as...
Section 9-1-1100. Employer annuities and benefits to be paid from employer annuity accumulation fund. - All employer annuities, and benefits in lieu thereof, must be...
Section 9-1-1110. Obligations of employer annuity accumulation fund. - The maintenance of employee annuity reserves and employer annuity reserves...
Section 9-1-1120. Transfer between funds on return of retired employee to active service. - Should any beneficiary be restored to active service and again...
Section 9-1-1130. Earnings to be credited to employer annuity accumulation fund. - All interest and dividends earned on the invested assets of...
Section 9-1-1135. Interest on member accounts. - (A) Interest must be credited to the account of each...
Section 9-1-1140. Establishing service credits by making payments into system; career highest fiscal year salary; credits during absences; employer payments; rules and regulations; credits for unused sick leave. - (A) An active member may establish service credit for any...
Section 9-1-1160. Collection of members' contributions; failure to make payroll reports and remittances; employer to pay required member contributions on earnings after July 1, 1982; tax treatment; funding; retirement treatment. - (A) The collection of members' contributions must be as follows:...
Section 9-1-1170. Collection of employers' contributions. - The collection of employers' contributions shall be made as follows:...
Section 9-1-1175. Employer contributions. - Effective July 1, 2006, the board shall increase the employer...
Section 9-1-1180. Deductions and employer contributions for teachers and employees of technical training schools. - The deductions authorized hereunder from the earnable compensation of teachers,...
Section 9-1-1190. Board may change accounting methods and procedures of system. - The Board may make such changes in the accounting methods...
Section 9-1-1210. Employer contributions shall reflect cost of Preretirement Death Benefit Program. - Notwithstanding any other provisions of law effective July 1, 1969,...
Section 9-1-1310. Trustee of retirement system; investment of funds. - (A) The South Carolina Public Employee Benefit Authority and the...
Section 9-1-1320. Custodian of assets of the Retirement System. - (A) The board is the custodian of the assets of...
Section 9-1-1330. Cash kept available with State Treasurer. - For the purpose of meeting disbursements for annuities and other...
Section 9-1-1340. Conflicts of interest and use of funds by commission members or employees. - Except as otherwise provided in this chapter or in Chapters...
Section 9-1-1350. Transfers from general fund authorized. - Notwithstanding the amounts annually appropriated as "State Employer Contributions", the...
Section 9-1-1510. Retirement of members at age 60 or after 28 years' service. - (A) A Class One or Class Two member may retire...
Section 9-1-1515. Early retirement. - (A) In addition to other types of retirement provided by...
Section 9-1-1540. Disability retirement. - (A) Upon the application of a member in service or...
Section 9-1-1545. Election between service retirement and disability retirement; receipt of service retirement pending approval of disability retirement. - A member may submit an application for service retirement and...
Section 9-1-1550. Service retirement allowances. - (A) Upon retirement from service on or after July 1,...
Section 9-1-1560. Allowances upon retirement for disability. - (A) Except as provided in subsection (E) of this section,...
Section 9-1-1570. Reexamination of beneficiaries retired on account of disability; consequences of refusal to submit to reexamination. - (A) Once each year during the first five years following...
Section 9-1-1580. Effect of ability to engage in gainful occupation; change in amount of disability retirement allowance. - Should the system report and certify to the Board that...
Section 9-1-1590. Effect of restoring beneficiaries to active service. - A disability beneficiary restored to active service at a salary...
Section 9-1-1610. Members of General Assembly may draw retirement benefits under certain conditions. - Any person who has been an active member of the...
Section 9-1-1615. Retirement allowances payable in monthly installments; payments after death of retired member. - All retirement allowances are payable in monthly installments. Upon the...
Section 9-1-1620. Optional forms of allowances. - (A) No later than the date the first payment of...
Section 9-1-1625. Compliance with Internal Revenue Code. - (A) This section applies to distributions made on or after...
Section 9-1-1630. Special benefits to teachers for service prior to July 1, 1945. - Teachers who retired between July 1, 1940 and July 1,...
Section 9-1-1640. Manner of paying annuities. - All employee and employer annuities shall be payable in equal...
Section 9-1-1650. Amounts paid upon termination of employment; election to leave contributions in system; effect of death before or after retirement. - (A) If a member ceases to be a teacher or...
Section 9-1-1660. Nominee on member's death may receive monthly allowance instead of accumulated contributions. - (A) The person nominated by a member to receive the...
Section 9-1-1665. Compliance with Internal Revenue Code Section 401(a)(9). - (A) Effective as of January 1, 1989, the system will...
Section 9-1-1670. Change or error in records. - (A) If a change or error in the records results...
Section 9-1-1680. Exemption from taxation and legal process; exceptions; assignment. - Except as provided in Section 9-18-10, and related sections, Article...
Section 9-1-1690. Credit of State is not pledged for payments; rights in case of termination of system or discontinuance of contributions. - All agreements or contracts with members of the System pursuant...
Section 9-1-1740. Increase in benefits for persons who were receiving benefits prior to July 1, 1966. - Effective July 1, 1967, the monthly benefits, inclusive of the...
Section 9-1-1750. Increase in benefits for persons who were receiving benefits prior to July 1, 1967 and subsequent to June 30, 1966. - Effective July 1, 1968, the monthly benefits, inclusive of the...
Section 9-1-1760. Increase in benefits for persons who retired prior to July 1, 1972. - All members of the State Retirement System who retired prior...
Section 9-1-1765. Additional increase in benefits for persons who retired prior to July 1, 1972. - In addition to the increase in the service retirement allowance...
Section 9-1-1766. Further additional increase in benefits for persons who retired prior to July 1, 1972. - In addition to the increase in the service retirement allowance...
Section 9-1-1767. Increase of benefits payable due to retirement before July 1, 1988 and July 1, 1989. - Effective July 1, 1988, the benefits payable due to retirement...
Section 9-1-1770. Preretirement Death Benefit Program; post-retirement benefit payment. - (A) There is created the Preretirement Death Benefit Program for...
Section 9-1-1775. Death Benefit Plan. - (A) The Death Benefit Plan for members of the South...
Section 9-1-1780. Recomputation allowances of certain persons having thirty-five or more years of creditable service. - Effective July 1, 1969, any monthly retirement allowance which commenced...
Section 9-1-1790. Amount which may be earned upon return to covered employment. - (A)(1) A retired member of the system who has been...
Section 9-1-1795. Employment of certain retired teachers without loss of retirement benefits; procedure by which retired teachers may be employed. - (A) A retired member of the system may return to...
Section 9-1-1800. Recalculation of benefits for certain persons who retired prior to July 1, 1964. - Effective July 1, 1969, the monthly benefits payable to or...
Section 9-1-1812. Revision of sections upon certain conditions. - If all or any portion of Sections 1 and 2...
Section 9-1-1814. Revision of sections upon certain conditions. - If for any reason, an assumed annual rate of return...
Section 9-1-1815. Retirement allowance adjustments. - Effective beginning July 1, 2012, and annually thereafter, the retirement...
Section 9-1-1830. Payment and transfer of funds to the employer annuity accumulation fund. - Starting July 1, 1981, there must be paid to the...
Section 9-1-1850. Purchases of additional service credit by members with at least twenty-five years of creditable service. - A member who has at least twenty-five years of creditable...
Section 9-1-1870. Beneficiaries receiving Medicaid (Title XIX) sponsored nursing home care; effect on benefits; exception. - Notwithstanding any other provision of law, except as provided below,...
Section 9-1-1910. Minimum allowance for persons retiring with twenty or more years of service, generally. - A member with five or more years of earned service,...
Section 9-1-1920. Minimum allowance for certain persons who retired prior to July 1, 1945. - Any public school teacher, State employee, or employee of an...
Section 9-1-1930. Minimum allowance for certain persons whose membership became effective on or after January 1, 1953. - Notwithstanding any other provision of law, any person whose membership...
Section 9-1-1940. Minimum allowance for certain persons whose membership became effective on or after January 1, 1951. - Notwithstanding any other provision of law, any person whose membership...
Section 9-1-1950. Minimum allowance for certain members of General Assembly. - Any member of the General Assembly who may retire under...
Section 9-1-1960. Additional payments to certain members of the General Assembly effective July 1, 1972. - Effective July 1, 1972, any member of the General Assembly...
Section 9-1-1970. Compensation used for determining benefits to be subject to federal limitations. - Effective as of January 1, 1996, the annual compensation of...
Section 9-1-1975. Compliance with USERRA. - Effective December 12, 1994, and notwithstanding any provision in this...
Section 9-1-1980. Compliance with Internal Revenue Code Section 415. - (A) Effective as of July 1, 1989, member contributions paid...
Section 9-1-2210. Repealed. - HISTORY: Former Section, titled Teacher and Employee Retention Incentive Program;...
Chapter 3 - Coverage Of Public Officers And Employees Under Federal Social Security Act
Section 9-3-10. Declaration of policy. - In order to extend to employees of the State and...
Section 9-3-20. Definitions. - For the purpose of this chapter: (1) The term "wages"...
Section 9-3-30. Exemptions. - Specifically excepted from the provisions of this chapter are services...
Section 9-3-110. State agent may enter into agreement with Secretary of Health, Education and Welfare. - The State agent, with the approval of the Governor, is...
Section 9-3-120. Terms of agreement. - Such agreement may contain such provisions relating to coverage, benefits,...
Section 9-3-130. Submission of plans by political subdivisions; approval of plans by state agent. - Each political subdivision of the State is hereby authorized to...
Section 9-3-140. Notice and hearing before disapproval or termination of plans. - The State agent shall not finally refuse to approve a...
Section 9-3-150. Referendum on social security coverage for persons under certain retirement systems. - (1) The Governor is empowered to authorize a referendum, and...
Section 9-3-160. Social security coverage for justices and judges. - A referendum having been held pursuant to Section 9-3-150 among...
Section 9-3-310. Compensation of state agent. - The State agent shall receive four thousand dollars as administrator...
Section 9-3-320. Charges or assessments against political subdivisions for expenses of administration. - The State agent shall have the authority to promulgate rules...
Section 9-3-330. Collection of delinquent assessments or charges made against political subdivisions. - In case of refusal to pay such charge or assessment...
Section 9-3-340. Deposit and disbursement of funds derived from assessments or charges against political subdivisions. - The funds accumulated and derived from the assessments and charges...
Section 9-3-350. Rules and regulations. - The State agent shall make and publish such rules and...
Section 9-3-360. State agent shall make studies, reports, and recommendations. - The State agent shall make studies concerning the problem of...
Section 9-3-510. Contributions of state employees; collection; adjustments and refunds. - (1) Every employee of the State whose services are covered...
Section 9-3-520. Contributions of political subdivisions. - Each political subdivision as to which a plan has been...
Section 9-3-530. Deductions from wages of employees of political subdivisions. - Each political subdivision required to make payments under Section 9-3-520...
Section 9-3-540. Procedures for collection of delinquent contributions from political subdivisions. - Delinquent payments due under Section 9-3-520 must be charged interest...
Section 9-3-550. Contribution fund established; items to be deposited; administration. - There is hereby established a special fund to be known...
Section 9-3-560. State Treasurer to be custodian of contribution fund; payment of warrants drawn on fund. - The Treasurer of the State shall be ex officio treasurer...
Section 9-3-570. Contribution fund to be kept separate; withdrawals; payments to Secretary of Treasury. - The contribution fund shall be established and held separate and...
Section 9-3-580. Additional appropriations to contribution fund. - There are hereby authorized to be appropriated annually to the...
Chapter 4 - South Carolina Public Employee Benefit Authority
Section 9-4-10. Authority established; board; composition, term, chair, compensation, and meetings; transfers of authority; executive director; fiduciary duty; personal liability. - (A) Effective July 1, 2012, there is created the South...
Section 9-4-15. Obligation to defend and indemnify. - The State shall defend the members of the Board of...
Section 9-4-30. Retirement division. - (A)(1) The South Carolina Public Employee Benefit Authority shall operate...
Section 9-4-40. Audit. - Every four years the State Auditor shall employ a private...
Section 9-4-50. Transaction register of all funds expended. - (A) The South Carolina Public Employee Benefit Authority shall maintain...
Chapter 5 - State Retirement And Social Security Act Of 1955
Section 9-5-10. Short title. - This chapter may be cited as the State Retirement and...
Section 9-5-20. Declaration of policy. - In order to extend to all employees of the State,...
Section 9-5-30. Definitions. - For the purposes of this chapter the following terms shall...
Section 9-5-40. Chapter 3 of this Title not affected. - The provisions of Chapter 3 of this Title are not...
Section 9-5-50. State agent shall make rules and regulations. - The State agent shall make and publish such rules and...
Section 9-5-60. State agent shall submit report to legislature. - The State agent shall submit a report to the legislature...
Section 9-5-210. State agent may enter into agreement with Secretary of Health, Education and Welfare. - The State agent, with the approval of the Governor, may...
Section 9-5-220. Agreement may be made through modification of existing agreement. - The agreement authorized in Section 9-5-210 may, in the discretion...
Section 9-5-230. Terms of agreement. - The agreement authorized by Sections 9-5-210 and 9-5-220 may contain...
Section 9-5-240. South Carolina Retirement System deemed one system and not a separate system under Social Security Act. - For purposes of this chapter, the South Carolina Retirement System...
Section 9-5-410. Contributions of employees; deduction from wages; refunds and adjustments. - (1) Every employee whose services are covered by an agreement...
Section 9-5-420. Collection of employees' contributions by employer. - Each participating employer may, in consideration of the employee's retention...
Section 9-5-430. Contributions of employers. - Each participating employer shall pay into the contribution fund, with...
Section 9-5-440. Reports of employers. - Each participating employer shall make such reports, in such form...
Section 9-5-450. Collection of delinquent payments from employers; withholding of state funds for delinquency or failure to make reports. - Delinquent payments due under Section 9-5-430 must be charged interest...
Section 9-5-460. Contribution fund established; items to be deposited; administration. - There is hereby established a special fund to be known...
Section 9-5-470. State Treasurer to be custodian of fund; payment of warrants drawn on fund. - The Treasurer of the State shall be ex officio treasurer...
Section 9-5-480. Contribution fund to be kept separate; withdrawals; payments to Secretary of Treasury. - Subject to the provisions of Section 9-5-490, the contribution fund...
Section 9-5-490. Contribution fund may be combined with contribution fund established under Section 9-3-550. - Notwithstanding any other provisions herein, the contribution fund established under...
Section 9-5-500. Appropriations for contribution fund. - There are hereby authorized to be appropriated annually to the...
Chapter 8 - Retirement System For Judges And Solicitors
Section 9-8-10. Definitions. - The following as used in this chapter, unless a different...
Section 9-8-20. System created; powers and privileges; corporate name. - A retirement system is created and placed under the administration...
Section 9-8-30. Administration of system; actuary; salaries and expenses. - (1) The administration and responsibility for the operation of the...
Section 9-8-35. Confidentiality of member records. - All records of all active, retired, and inactive members maintained...
Section 9-8-40. Membership in system; cessation of membership. - (1) All persons who are judges or solicitors on July...
Section 9-8-50. Service credit in system; vesting. - (A) An active contributing member of the system may establish...
Section 9-8-60. Retirement; retirement allowance; disability retirement; beneficiaries of other systems. - (1) A member of the system may retire upon written...
Section 9-8-67. Normal retirement age. - The normal retirement age for the system established pursuant to...
Section 9-8-70. Optional retirement allowance. - Until the first payment of a retirement allowance becomes normally...
Section 9-8-80. Allowances payable in monthly installments. - All retirement allowances are payable in monthly installments. Upon the...
Section 9-8-90. Increase in allowances based on Consumer Price Index. - As of the end of each calendar year commencing with...
Section 9-8-100. Repayment of contributions and interest upon cessation of membership. - Should a member cease to be a member of the...
Section 9-8-110. Payments on death of member or beneficiary. - (1) Except as provided in subsections (2) and (3) of...
Section 9-8-120. Return of beneficiary to service of the State; practice of law. - Should any beneficiary return to the service of the State,...
Section 9-8-125. Election to receive benefits from retirement system for members of General Assembly. - A member of the system who is at least sixty-two...
Section 9-8-130. Members' contributions; deduction from compensation; employer to pay required member contributions on earnings after July 1, 1982; tax treatment; funding; retirement treatment. - (1)(a) Each member of the system shall contribute a percentage...
Section 9-8-140. Contributions of State to system. - The contributions of the State to the System shall be...
Section 9-8-150. Director of Retirement System for Judges and Solicitors. - There is hereby created an office to be known as...
Section 9-8-180. Assets credited to two funds. - (1) All of the assets of the System shall be...
Section 9-8-185. Interest on member accounts. - (A) Interest must be credited to the account of each...
Section 9-8-190. Exemption of retirement allowance and certain other rights from taxation and legal process; exceptions; assignment. - Except as provided in Section 9-18-10, and related sections, Article...
Section 9-8-200. Credit of State not pledged; rights upon termination of system. - All agreements or contracts with the members of the System...
Section 9-8-210. Property of system exempt from state and local taxes. - All property owned or acquired by the System for the...
Section 9-8-220. Penalty for false statement or falsification of records. - Any person who shall knowingly make any false statement, or...
Section 9-8-240. Compensation used for determining benefits to be subject to federal limitations. - Effective as of January 1, 1996, the annual compensation of...
Section 9-8-245. Compliance with USERRA. - Effective December 12, 1994, and notwithstanding any provision in this...
Section 9-8-250. Compliance with Internal Revenue Code. - (A) This section applies to distributions made on or after...
Section 9-8-260. Compliance with Internal Revenue Code Section 401(a)(9). - (A) Effective as of January 1, 1989, the system shall...
Section 9-8-270. Compliance with Internal Revenue Code Section 415. - (A) Effective as of July 1, 1989, member contributions paid...
Chapter 9 - Retirement System For Members Of General Assembly
Section 9-9-5. System prospectively closed. - (A) Notwithstanding any other provision of law, the Retirement System...
Section 9-9-10. Definitions. - The following words and phrases as used in this chapter,...
Section 9-9-20. System created; system shall have powers and privileges of corporation; corporate name. - A retirement system is hereby created and placed under the...
Section 9-9-30. Administration of and responsibility for system vested in board; powers and duties of board; actuary; salaries of employees and expenses. - (1) The general administration and responsibility for the proper operation...
Section 9-9-31. Confidentiality of member records. - All records of all active, retired, and inactive members maintained...
Section 9-9-40. Membership in system; cessation of membership; election to continue as special member; continuation of membership in correlated system. - (1) All persons who are members of the General Assembly...
Section 9-9-50. Credited service; cancellation of service previously credited upon cessation of membership; credit for military service. - (1) The credited service of a member shall include all...
Section 9-9-55. Member of General Assembly for part of year may establish full year credit. - Notwithstanding any other provision of law, any member of the...
Section 9-9-60. Retirement; amount of retirement allowance. - (1) A member of the system may retire upon written...
Section 9-9-65. Disability retirement allowance. - (1) Upon the application of a member in service or...
Section 9-9-66. Medical examination of disability beneficiary. - Once each year during the first five years following the...
Section 9-9-67. Reduction of disability allowance. - Should the system report and certify to the board that...
Section 9-9-68. Contract with Department of Vocational Rehabilitation for medical services in connection with disability retirements; vocational rehabilitation of retired member; adjustment of benefits. - The South Carolina Retirement System may contract with the Department...
Section 9-9-70. Optional forms of allowances. - (A) Until the first payment on account of a retirement...
Section 9-9-80. Allowances payable in monthly installments. - All retirement allowances are payable in monthly installments. Upon the...
Section 9-9-90. Repayment of contributions and interest upon person's ceasing to be member of system. - Should a member cease to be a member of the...
Section 9-9-100. Payments on death of member or beneficiary. - (1) Upon the death of a member of the system,...
Section 9-9-110. Effect of return of beneficiary to service as member of General Assembly. - If a retired member returns to service as a member...
Section 9-9-120. Transfer of service and contributions under South Carolina Retirement and Police Officers Retirement System; contributions of members of Retirement System for members of General Assembly; employer to pay required member contributions... - (1) Each member of the General Assembly on January 1,...
Section 9-9-130. Contributions of State to Retirement System for members of General Assembly. - The contributions of the State to the System shall be...
Section 9-9-140. Office of the Director. - There is hereby created an office to be known as...
Section 9-9-170. Assets to be credited to two funds. - (1) All of the assets of the System shall be...
Section 9-9-175. Interest on member accounts. - (A) Interest must be credited to the account of each...
Section 9-9-180. Exemption of retirement allowance and certain other rights from taxation and legal process; exceptions; assignment. - Except as provided in Section 9-18-10, and related sections, Article...
Section 9-9-190. Credit of State is not pledged; rights in case of termination of system or discontinuance of contributions. - All agreements or contracts with the members of the System...
Section 9-9-200. Property of system exempt from state and local taxes. - All property owned or acquired by the System for the...
Section 9-9-210. False statements and falsification of records. - Any person who shall knowingly make any false statement, or...
Section 9-9-220. Payments to beneficiaries may include payments to persons, trustees, and estates. - Payments made to beneficiaries pursuant to the provisions of this...
Section 9-9-240. Compensation used to determine benefits to be subject to federal limitations. - Effective as of January 1, 1996, the annual compensation of...
Section 9-9-245. Compliance with USERRA. - Effective December 12, 1994, and notwithstanding any provision in this...
Section 9-9-250. Compliance with Internal Revenue Code. - (A) This section applies to distributions made on or after...
Section 9-9-255. Compliance with Internal Revenue Code Section 401(a)(9). - (A) Effective as of January 1, 1989, the system shall...
Section 9-9-260. Compliance with Internal Revenue Code Section 415. - (A) Effective as of July 1, 1989, member contributions paid...
Chapter 10 - National Guard Retirement System
Section 9-10-10. Definitions. - As used in this chapter, unless a different meaning is...
Section 9-10-20. Retirement system established; administration; director; actuarial investigations; public records. - (A) A retirement system is established to provide pension benefits...
Section 9-10-30. Eligibility. - Every member of the National Guard of South Carolina who...
Section 9-10-35. Eligibility for pension. - A person who becomes a member of the National Guard...
Section 9-10-40. Restrictions; payments to beneficiaries; members of regular armed forces. - (A) Payment to a retired member of the system pursuant...
Section 9-10-50. Entitlement to other retirement; income tax exemption. - (A) Nothing contained in this chapter precludes or in any...
Section 9-10-60. Eligibility; appropriation and use of funds. - (A) Notwithstanding any other provision of this chapter, a person...
Section 9-10-70. Exemption of fund property from taxes. - All property owned or acquired by the system for the...
Chapter 11 - Police Officers Retirement System
Section 9-11-10. Definitions. - As used in this chapter, unless a different meaning is...
Section 9-11-15. Payments to beneficiaries may include payments to persons, trustees, and estates. - Payments made to beneficiaries pursuant to the provisions of this...
Section 9-11-20. System created; corporate powers; name; director. - (1) A retirement system is hereby created and placed under...
Section 9-11-25. Retirement of probate judges. - Probate judges may elect to participate in the South Carolina...
Section 9-11-27. Magistrates' participation in the South Carolina Police Officers Retirement System. - (A) On and after January 1, 2001, any person who...
Section 9-11-30. The Board shall administer system; powers and duties. - (1) The general administration and responsibility for the proper operation...
Section 9-11-35. Confidentiality of member records. - All records of all active, retired, and inactive members maintained...
Section 9-11-40. Application to become an employer under system; membership in system; classification of members; transfer of contributions and credited service to South Carolina Retirement System; continuation of membership in correlated systems. - (1)(a) A county, municipality, or other political subdivision of the...
Section 9-11-45. Employer may require members of local retirement system to become members of South Carolina Police Officers' Retirement System; maintenance of local system. - Notwithstanding the provisions of Section 9-11-40, an employer who maintains...
Section 9-11-48. Transfer of local retirement system for firefighters to state system. - Notwithstanding the provisions of Section 9-11-40, an employer who maintains...
Section 9-11-50. Establishing service credit by making payments into the system; reestablishment of service credits; employer payments; credit for unused sick leave; rules and regulations. - (A) An active member may establish service credit for any...
Section 9-11-60. Retirement allowances; retirement after age fifty-five; purchases of additional service credit. - (1) A member may retire upon written application to the...
Section 9-11-80. Retirement allowances; disability retirement; periodic reexaminations; discontinuation or reduction of allowances. - (1) On the application of a member in service or...
Section 9-11-90. Effect of restoring beneficiary to service; retirement after return to service. - (1) A disability beneficiary restored to active service at a...
Section 9-11-100. Members who stop police work may withdraw contributions. - Should a member cease to render service as a police...
Section 9-11-110. Lump sum paid in event of death. - (1) Upon the death of any member prior to retirement,...
Section 9-11-120. Preretirement Death Benefit Program; post-retirement death benefit payment. - (A) There is created the Preretirement Death Benefit Program for...
Section 9-11-125. Death Benefit Plan. - (A) The Death Benefit Plan for members of the South...
Section 9-11-130. Survivor may elect to receive allowance for life in lieu of lump-sum payment. - (1) The person nominated by a member pursuant to Section...
Section 9-11-140. Accidental Death Benefit Program. - Effective July 1, 1962, there is created the Accidental Death...
Section 9-11-150. Optional forms of retirement allowances. - (A) No later than the date the first payment of...
Section 9-11-155. Compliance with Internal Revenue Code. - (A) This section applies to distributions made on or after...
Section 9-11-160. Allowances paid monthly. - All retirement allowances are payable in monthly installments. Upon the...
Section 9-11-170. Supplemental Allowance Program. - (1) Effective July 1, 1966, there is hereby established a...
Section 9-11-175. Compliance with Internal Revenue Code Section 401(a)(9). - (A) Effective as of January 1, 1989, the system will...
Section 9-11-180. Department of Public Safety authorized to pay certain monies into system on behalf of active highway patrol member employees; use of such monies. - The Department of Public Safety is hereby authorized to pay...
Section 9-11-190. Certain monies paid into system from state's general fund on behalf of active member employees; use of such monies. - There shall be paid out of the State's general fund...
Section 9-11-200. Certain monies may be paid into system by employers on behalf of active member employees; use of such monies. - Any employer under the South Carolina Police Officers' Retirement System...
Section 9-11-210. Contributions of members; employer to pay required member contributions on earnings after July 1, 1982; tax treatment; funding; retirement treatment. - (1) Each Class One member shall contribute to the system...
Section 9-11-220. Contributions of employers. - (1) Commencing as of July 1, 1974, each employer shall...
Section 9-11-225. Employer and employee contribution rates. - (A) As provided in Sections 9-11-210 and 9-11-220, the employer...
Section 9-11-230. Contributions paid monthly; state funds may be withheld if records or money not received on time. - (1) At the beginning of each year commencing on the...
Section 9-11-260. Deposit of assets. - (1) All of the assets of the System shall be...
Section 9-11-265. Interest on member accounts. - (A) Interest must be credited to the account of each...
Section 9-11-270. Allowances and other rights exempt from taxation and legal process; exceptions; assignment. - Except as provided in Section 9-18-10 and related sections, Article...
Section 9-11-280. Contracts with members are obligations of system only; rights of members upon termination of system or discontinuation of contributions. - All agreements or contracts with the members of the System...
Section 9-11-290. Property of system is exempt from state and local taxes. - All property owned or acquired by the System for purpose...
Section 9-11-300. Increase in retirement allowances as of July 1, 1974. - For all retirement allowances due on or after July 1,...
Section 9-11-312. Retirement allowance adjustment. - Effective July 1, 2012, and annually thereafter, the retirement allowance...
Section 9-11-315. Beneficiaries receiving Medicaid (Title XIX) sponsored nursing home care; effect on benefits; exception. - Notwithstanding any other provision of law, except as provided below,...
Section 9-11-320. False statements and falsification of records. - Any person who shall knowingly make any false statement, or...
Section 9-11-350. Compensation used to determine benefits to be subject to federal limitations. - Effective as of January 1, 1996, the annual compensation of...
Section 9-11-355. Compliance with USERRA. - Effective December 12, 1994, and notwithstanding any provision in this...
Section 9-11-360. Compliance with Internal Revenue Code Section 415. - (A) Effective as of July 1, 1989, member contributions paid...
Section 9-11-510. South Carolina Police Officers Retirement System shall pay certain retirement allowances and death benefits; appropriations. - All retirement allowances otherwise payable to police officers retired under...
Section 9-11-520. Rights of participants on June 30, 1963 in service of political subdivisions not members of South Carolina Police Officers Retirement System. - If a police officer is a participant in the Police...
Section 9-11-525. Increase in monthly benefits under Police Insurance and Annuity Fund. - Beneficiaries receiving benefits under the Police Insurance and Annuity Fund...
Chapter 12 - Qualified Excess Benefits Arrangements
Section 9-12-10. Definitions. - As used in this chapter, unless a different meaning is...
Section 9-12-20. Qualified Excess Benefit Arrangements created. - Each retirement system may establish and maintain a QEBA. The...
Section 9-12-30. Administration of QEBAs. - The board shall administer the QEBAs. The board has full...
Section 9-12-40. Eligibility for participation in a QEBA. - All members, retired members, and beneficiaries of the retirement systems...
Section 9-12-50. QEBA supplemental retirement allowance. - On and after the effective date of the QEBA, the...
Section 9-12-60. Amount of contributions to the QEBA. - The board shall determine the amount of benefits that cannot...
Section 9-12-70. Employer contributions and separate fund. - Contributions shall not be accumulated under a QEBA to pay...
Section 9-12-80. No ability to defer. - A member, retired member, or beneficiary cannot elect to defer...
Section 9-12-90. No assignment. - Payments under a QEBA are exempt from garnishment, assignment, alienation,...
Section 9-12-100. QEBA funds unsecured. - Nothing in this chapter shall be construed as providing for...
Section 9-12-110. QEBA is a governmental plan. - A QEBA is a portion of a governmental plan as...
Section 9-12-120. No deduction for employer contributions. - Amounts deducted from employer contributions and deposited in a separate...
Chapter 13 - Firemen's Pension Funds In Cities
Section 9-13-10. Power of cities to establish pension funds, create board of trustees, and raise monies. - In any city of this State having a fire department...
Section 9-13-20. Board of trustees and officers. - The board of trustees shall consist of five members as...
Section 9-13-30. City attorney shall advise and represent board. - The city attorney or corporation counsel shall give advice to...
Section 9-13-40. Rules and regulations; decisions on applications. - The board of trustees of the firemen's pension fund shall,...
Section 9-13-45. Annual actuarial valuation of assets and liabilities. - The board of trustees shall designate an actuary who shall,...
Section 9-13-50. Investment of fund. - The board of trustees may invest the pension fund in...
Section 9-13-60. Selection of depository. - A board of trustees of a firemen's pension fund hereunder...
Section 9-13-70. Payments by treasurer to fund; collection of assessments. - City councils of cities having boards of trustees of firemen's...
Section 9-13-80. Sources of funds. - The funds for such pension fund shall be raised as...
Section 9-13-90. Annual report of board. - The board of trustees shall make a report to the...
Section 9-13-100. Record of proceedings. - The board shall cause to be kept a record of...
Section 9-13-110. Interest on deposits or investments. - In case the pension fund, or any part thereof, shall,...
Section 9-13-120. Disbursement of funds. - All moneys ordered to be paid by the board of...
Section 9-13-130. Only regular members are eligible for pensions or other benefits. - No person shall be entitled to receive any pension or...
Section 9-13-140. Eligibility of person who was thirty-five years of age when first employed as a fireman. - No person who had or has attained thirty-five years of...
Section 9-13-150. Retirement after twenty-five years of service. - Any fireman who has served in the fire department in...
Section 9-13-160. Disability retirement. - Any member of the fire department of any such city...
Section 9-13-170. Amount of pension upon disability retirement. - Upon such retirement the board of trustees shall order the...
Section 9-13-180. Effect of demotion for political reasons. - Any person eligible for a pension under this chapter who...
Section 9-13-190. Funeral benefits. - Any regular member of such fire department, or any retired...
Section 9-13-200. Proration of benefits when fund is insufficient. - If at any time, from any unforeseen cause, there shall...
Section 9-13-210. Fund shall contain minimum amount as a prerequisite to payment. - No pensions or benefits shall be allowed, passed upon or...
Section 9-13-220. Record of retired firemen. - There shall be kept in the office of the board...
Section 9-13-230. Fund and payments not subject to execution or other legal process. - No portion of any such pension fund shall, either before...
Chapter 15 - Annuity Contracts For Employees Of Schools And Educational Institutions
Section 9-15-10. School districts and state-supported institutions of higher learning authorized to purchase annuity contracts. - The various school districts of this State and State-supported institutions...
Section 9-15-20. Payments for annuity contracts considered income. - The amounts so paid for any such contract shall be...
Chapter 16 - Retirement System Funds
Section 9-16-10. Definitions. - As used in this chapter, unless a different meaning is...
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. - (A) All assets of a retirement system are held in...
Section 9-16-30. Delegation of functions by commission; standard of care; agent's duty and submission to jurisdiction. - (A) The commission may delegate functions that a prudent person...
Section 9-16-40. Standards for discharge of duty. - A trustee, commission member, or other fiduciary shall discharge duties...
Section 9-16-50. Investment and management considerations by trustee; diversification; verification of facts; statement of investment objectives and policies. - (A) In investing and managing assets of a retirement system...
Section 9-16-55. Investments in companies that in their operations are complicit with the government of Sudan in the Darfur genocide. - (A) As used in this section: (1) "Active business operations"...
Section 9-16-60. Evaluation of fiduciary's compliance with law not to be hindsight; decision-making evaluated in context of whole portfolio. - (A) Compliance by the trustee, commission, or other fiduciary with...
Section 9-16-70. Liability for breach of duty; insurance by retirement system or fiduciary; disclosure of terms and conditions. - (A) A commission member or other fiduciary who breaches a...
Section 9-16-80. Investment meetings of board or commission as executive sessions exempt from disclosure; records of meetings. - (A) Meetings by the board while acting as trustee of...
Section 9-16-90. Quarterly and annual investment reports; contents. - (A)(1) The commission shall provide investment reports at least quarterly...
Section 9-16-100. Restrictions on lobbyists. - (A) A lobbyist, as defined in Section 2-17-10(13), may not...
Section 9-16-315. Retirement System Investment Commission; membership; terms; qualifications; chief executive officer; chief investment officer and administrative staff; attorneys; costs and salary. - (A) There is established the "Retirement System Investment Commission" (RSIC)...
Section 9-16-320. Adoption of annual investment plan; quarterly review; deliberations in executive session; independent advisors. - (A) The commission shall meet no later than May first...
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. - (A) The commission shall provide the chief executive officer and...
Section 9-16-335. Assumed annual rate of return. - (A) For all purposes of this title, the assumed annual...
Section 9-16-340. Investment of retirement systems assets; annual investment plan; adoption and review. - (A) The commission, acting through the chief investment officer, shall...
Section 9-16-345. Minority and minority-owned business representation. - In hiring and procurement in the implementation and administration of...
Section 9-16-350. Use of information for self-interest; blind trusts; violations; punishment; provisions cumulative with other laws. - (A) It is unlawful for a member, employee, or agent...
Section 9-16-360. Standards of conduct for fiduciary or employee of fiduciary. - (A) In addition to and not in lieu of the...
Section 9-16-370. Defense and indemnification of Retirement System Investment Commission members, officers, and management employees. - The State shall defend the members of the Retirement System...
Section 9-16-380. Audit of Retirement System Investment Commission. - Every four years the State Auditor shall employ a private...
Section 9-16-710. Investment education services. - Notwithstanding an employee's right to obtain educational and administrative services...
Chapter 18 - Qualified Domestic Relations Orders
Section 9-18-10. Definitions. - As used in this chapter: (1) "Administrator" means the director...
Section 9-18-20. Payment of benefits by retirement system pursuant to qualified domestic relations order; requirements for qualified domestic relations order; grounds upon which system may reject order. - (A) Sections 9-1-1680, 9-8-190, 9-9-180, or 9-11-270 apply to the...
Section 9-18-30. Determination of whether domestic relations order is qualified domestic relations order; procedure; payment of benefits upon order; exclusion of retirement system from liability for making payments of benefits; liability of individua... - (A) The administrator of the retirement system or his designee...
Section 9-18-40. Authorization of board to prescribe rules and promulgate regulations. - The board, as the governing body of the retirement system,...
Section 9-18-50. Death of alternate payee; effect. - The death of the alternate payee terminates any interest the...
Section 9-18-60. Maintenance by alternate payee of current residence address on file with retirement system; payment of benefits by system when alternate payee cannot be located. - (A) An alternate payee is responsible for maintaining a current...
Section 9-18-70. Right of retirement system to recoup mistaken payment. - If the retirement system determines that it has mistakenly paid...
Section 9-18-80. Termination of membership in retirement system; effect on qualified domestic relations order. - If a member terminates membership in a retirement system by...
Section 9-18-90. Reinstatement of service credit; deposit of entire amount withdrawn or refunded required. - A member who is reinstating service credit under a retirement...
Section 9-18-100. Administration of domestic relations order accepted by retirement system prior to effective date of chapter. - A domestic relations order accepted by the retirement system before...
Chapter 20 - State Optional Retirement Program
Section 9-20-10. Definitions. - As used in this chapter: (1) "Employer" means: (a) a...
Section 9-20-20. State Optional Retirement Program. - The South Carolina Retirement System shall establish the State Optional...
Section 9-20-30. Administration of program; designation of investment companies. - The South Carolina Retirement System shall provide for the administration...
Section 9-20-40. Election of system; changing systems concurrent positions; open enrollment period. - (A) All eligible employees shall elect either to join the...
Section 9-20-50. Contributions. - Each participant shall contribute monthly to the program the same...
Section 9-20-60. Group life insurance benefits. - Group life insurance benefits may be paid by the State...
Chapter 21 - The South Carolina Retirement Systems Claims Procedures Act
Section 9-21-10. Title. - This chapter may be cited as the "South Carolina Retirement...
Section 9-21-20. Definitions. - As used in this chapter: (1) "Administrative Law Court" means...
Section 9-21-30. Scope of chapter; exclusive remedy. - This chapter applies to a controversy or dispute between a...
Section 9-21-40. Who may prosecute claim. - A claim brought pursuant to this chapter must be prosecuted...
Section 9-21-50. Claims concerning administrative decisions; time for filing; contents; procedure for resolution; retroactive benefits; final decisions adverse to claimant. - (A) A member or the member's designated beneficiary shall file...
Section 9-21-60. Review by Administrative Law Court. - Upon exhaustion of the agency remedy set out in this...
Section 9-21-70. Appeals to court of appeals. - A claimant may appeal a final decision of the Administrative...