Bill 3832

                    Current Status

Bill Number:                       3832
Type of Legislation:               General Bill GB
Introducing Body:                  House
Introduced Date:                   19970408
Primary Sponsor:                   Walker 
All Sponsors:                      Walker 
Drafted Document Number:           jic\6071htc.97
Companion Bill Number:             213
Residing Body:                     House
Current Committee:                 Ways and Means Committee 30
                                   HWM
Subject:                           Retirement System, S. C.;
                                   military service credit for senior
                                   or advanced ROTC

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________
House   19970408  Introduced, read first time,             30 HWM
                  referred to Committee

TO AMEND SECTION 9-1-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREDIT WHICH MAY BE ESTABLISHED UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO PROVIDE THAT MILITARY SERVICE WHICH MAY OTHERWISE BE ESTABLISHED INCLUDES THE PERIOD OF ENLISTMENT IN SENIOR OR ADVANCED ROTC, IF THE ENLISTEE WAS COMPENSATED FOR THIS SERVICE AND WAS SUBSEQUENTLY COMMISSIONED.

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

SECTION 1. The third unnumbered paragraph of Section 9-1-1140 of the 1976 Code, as last amended by Act 166 of 1993, is further amended to read:

"Any member with two or more years of creditable service shall receive additional creditable service for the period of his military service at the rate of one year of military service for each two years of his creditable service excluding any period of creditable military service, as long as he was discharged or separated from the military service under conditions other than dishonorable, and as long as he pays to the system, by a single payment prior to his retirement or death or by another method of payment as may be prescribed from time to time by the board, all payments to the system he would have been required to make for the period to be so credited had he been employed in the position he held immediately prior to the commencement of his military leave during the period of the military service, together with the regular interest which would have been credited thereon from the date the contributions would have been made to the date of payment. In the case of a member whose military service was rendered prior to his employment by an employer, the payments by the member, as described in the foregoing sentence, must be determined on the basis of his earnable compensation at the time he first became a member of the system. The required employer contribution must be assumed by the State. Military service includes up to two years of enlistment in the senior or advanced Reserve Officer Training Corps if the member was compensated for this service and was commissioned as a result of this service. No member may receive credit for more than six years of military service. Active military duty performed subsequent to December 31, 1975, may not be considered creditable service. Any former employee of the United States employed in this State by an employer covered by the system, and who is currently a contributing member, may elect to receive prior service credit for service rendered as an employee of the United States upon his paying into the system the actuarial cost as determined by the board. The member payment may not be less than ten percent and effective July 1, 1994, twelve percent of the earnable compensation, or the average of the three highest consecutive fiscal years of compensation at the time of payment, whichever is greater, for each year of service prorated for periods of less than one year. A member who elects to receive creditable service for federal employment may establish a portion of the service on a one-time basis. This service may not exceed the total creditable service, exclusive of federal service, which he would have if he remained in service until completion of the eligibility requirements for an unreduced service retirement allowance. In no event may any benefits payable under the system duplicate benefits being paid under any other retirement system for the same period of service."

SECTION 2. This act takes effect upon approval by the Governor.