South Carolina General Assembly
106th Session, 1985-1986

Bill 3530

                    Current Status

Bill Number:               3530
Ratification Number:       607
Act Number:                520
Introducing Body:          House
Subject:                   Provide that highway patrol officers must
                           be retired no later than the end of the fiscal
                           year during which they attain the age of
                           sixty-two
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A520, R607, H3530)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-1-1537 SO AS TO PROVIDE THAT HIGHWAY PATROL OFFICERS MUST BE RETIRED NO LATER THAN THE END OF THE FISCAL YEAR DURING WHICH THEY ATTAIN THE AGE OF SIXTY-TWO; TO PROVIDE THAT ANY CURRENT MEMBER OF THE HIGHWAY PATROL IS EXEMPT FROM THE PROVISIONS OF THIS ACT FOR ONE YEAR FROM THE EFFECTIVE DATE OF THIS ACT; AND TO PROVIDE THAT ANY MEMBER OF THE PATROL WHO IS SIXTY-THREE YEARS OF AGE ON THE EFFECTIVE DATE OF THIS ACT MAY SERVE FOR TWO ADDITIONAL YEARS.

Be it enacted by the General Assembly of the State of South Carolina:

Findings

ECTION 1. (a) The General Assembly finds that the public health, safety, and welfare requires the ongoing health and fitness of all sworn law enforcement officers of the South Carolina Highway Patrol so that they may safely and efficiently protect the public.

The General Assembly further finds that this continued health and fitness cannot be determined except with reference to age and therefore concludes that retirement of all sworn law enforcement officers of the Highway Patrol at the age of sixty-two years constitutes a bona fide occupational qualification which is reasonably necessary to the normal operations of the Highway Patrol.

(b) Notwithstanding the findings and conclusion contained in this section and the provisions of Section 9-1-1537 of the 1976 Code, as added by Section 2 of this act, it is the sense of the General Assembly that if any sworn officer of the Highway Patrol who is mandatorily retired at age sixty-two desires to continue employment with the South Carolina Department of Highways and Public Transportation in a capacity other than as a sworn law enforcement officer and he is otherwise qualified for a vacancy, then the officer should be given the highest consideration in the selection process for that position.

Mandatory retirement

SECTION 2. The 1976 Code is amended by adding:

"Section 9-1-1537. Sworn law enforcement officers of the South Carolina Highway Patrol must be retired from the Highway Patrol no later than the end of the fiscal year during which they attain the age of sixty-two years except as provided in Section 4 of this act."

Exemption

SECTION 3. Any current member of the South Carolina Highway Patrol is exempt from the provisions of this act for a period of one year from the effective date of this act.

Exception

SECTION 4. Any member of the patrol who is sixty-three years of age on the effective date of this act may serve for two additional years.

Time effective

SECTION 5. This act shall take effect upon approval by the Governor.