S*0126(Rat #0216, Act #0139 of 1995)  General Bill, By Land and Washington
 A Bill to amend Section 9-1-1650 Code of Laws of South Carolina, 1976,
 relating to amounts paid at termination of employment and certain elections
 under the state retirement system so as to permit an active contributing
 member to name contingent beneficiaries; to amend Section 9-8-110 relating to
 payments on death of a member or beneficiary of the retirement system for
 judges and solicitors, so as to permit an active contributing member to name
 secondary beneficiaries and to delete the provision terminating certain
 benefits paid to the surviving spouse of a member upon remarriage; to add
 Section 9-9-55 so as to provide that any member of the General Assembly who
 served in the General Assembly any portion of a year may establish credit for
 the entire year by paying the full actuarial cost thereof; to amend Section
 9-9-100, as amended, relating to payments on the death of a member or
 beneficiary of the General Assembly retirement system so as to permit an
 active contributing member to name contingent beneficiaries; and to amend
 Section 9-11-110 relating to lump sum benefits paid in the event of death of a
 member of the police officer's retirement system prior to retirement, so as to
 permit an active contributing member to name contingent beneficiaries.-amended
 title

   10/03/94  Senate Prefiled
   10/03/94  Senate Referred to Committee on Finance
   01/10/95  Senate Introduced and read first time SJ-48
   01/10/95  Senate Referred to Committee on Finance SJ-48
   02/15/95  Senate Committee report: Favorable Finance SJ-13
   02/16/95  Senate Read second time SJ-16
   02/21/95  Senate Read third time and sent to House SJ-11
   02/22/95  House  Introduced and read first time HJ-7
   02/22/95  House  Referred to Committee on Ways and Means HJ-7
   05/03/95  House  Committee report: Favorable Ways and Means HJ-72
   05/09/95  House  Debate adjourned until Wednesday, May 10, 1995 HJ-28
   05/10/95  House  Amended HJ-11
   05/10/95  House  Read second time HJ-13
   05/11/95  House  Read third time and returned to Senate with
                     amendments HJ-15
   05/11/95  Senate Concurred in House amendment and enrolled SJ-25
   05/11/95  Senate Recalled from Legislative Council SJ-25
   05/11/95  Senate Reconsidered SJ-25
   06/01/95  Senate Non-concurrence in House amendment SJ-16
   06/01/95  House  House insists upon amendment and conference
                     committee appointed Reps. Reps. Marchbanks, P.
                     Harris & Carnell HJ-63
   06/01/95  Senate Conference committee appointed Sens. Land,
                     Mescher, Saleeby SJ-9
   06/13/95  Senate Conference report received and adopted SJ-28
   06/13/95  House  Conference report received and adopted HJ-12
   06/13/95  Senate Ordered enrolled for ratification SJ-31
   06/15/95         Ratified R 216
   06/28/95         Signed By Governor
   06/28/95         Effective date 06/28/95
   08/15/95         Copies available
   08/15/95         Act No. 139

AN ACT TO AMEND SECTION 9-1-1650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AMOUNTS PAID AT TERMINATION OF EMPLOYMENT AND CERTAIN ELECTIONS UNDER THE STATE RETIREMENT SYSTEM, SO AS TO PERMIT AN ACTIVE CONTRIBUTING MEMBER TO NAME CONTINGENT BENEFICIARIES; TO AMEND SECTION 9-8-110, RELATING TO PAYMENTS ON THE DEATH OF A MEMBER OR BENEFICIARY OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO PERMIT AN ACTIVE CONTRIBUTING MEMBER TO NAME SECONDARY BENEFICIARIES AND TO DELETE THE PROVISION TERMINATING CERTAIN BENEFITS PAID TO THE SURVIVING SPOUSE OF A MEMBER UPON REMARRIAGE; TO ADD SECTION 9-9-55 SO AS TO PROVIDE THAT ANY MEMBER OF THE GENERAL ASSEMBLY WHO SERVED IN THE GENERAL ASSEMBLY ANY PORTION OF A YEAR MAY ESTABLISH CREDIT FOR THE ENTIRE YEAR BY PAYING THE FULL ACTUARIAL COST THEREOF; TO AMEND SECTION 9-9-100, AS AMENDED, RELATING TO PAYMENTS ON THE DEATH OF A MEMBER OR BENEFICIARY OF THE GENERAL ASSEMBLY RETIREMENT SYSTEM, SO AS TO PERMIT AN ACTIVE CONTRIBUTING MEMBER TO NAME CONTINGENT BENEFICIARIES; AND TO AMEND SECTION 9-11-110, RELATING TO LUMP SUM BENEFITS PAID IN THE EVENT OF DEATH OF A MEMBER OF THE POLICE OFFICER'S RETIREMENT SYSTEM PRIOR TO RETIREMENT, SO AS TO PERMIT AN ACTIVE CONTRIBUTING MEMBER TO NAME CONTINGENT BENEFICIARIES.

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

Contingent beneficiaries

SECTION 1. Section 9-1-1650 of the 1976 Code is amended by adding at the end:

"An active contributing member making the nomination provided under this section also may name contingent beneficiaries in the same manner that beneficiaries are named. A contingent beneficiary has no rights under this chapter unless all beneficiaries nominated by the member have predeceased the member and the member's death occurs while in service. In this instance, a contingent beneficiary is considered the member's beneficiary for purposes of this section and Section 9-1-1660, if applicable."

Secondary beneficiaries; remarriage does not terminate certain benefits

SECTION 2. Section 9-8-110(1) and (2) of the 1976 Code are amended to read:

"(1) Except as provided in subsections (2) and (3) of this section, upon the death of any member of the system, a lump sum amount must be paid to the persons the member nominated by written designation, filed with the board, otherwise to his estate. This amount must be equal to the amount of the member's accumulated contributions. An active contributing member making the nomination provided under this section also may name secondary beneficiaries in the same manner that beneficiaries are named. A secondary beneficiary has no rights under this chapter unless all beneficiaries nominated by the member predecease the member and the member's death occurs while in service. In this instance, a secondary beneficiary is considered the member's beneficiary for purposes of this section.

(2) Unless a married member has designated a beneficiary other than his spouse in accordance with subsection (1), upon his death prior to retirement an allowance equal to one-third of the allowance which would have been payable to him, assuming he was then eligible to retire and had retired on the date of his death, shall be paid to his surviving spouse until her death. This allowance is payable in lieu of the lump sum amount payable in accordance with subsection (1). Upon the death of a retired member who has not designated a beneficiary other than a spouse an allowance equal to one-third of the allowance which would have been payable to him, shall be paid to the surviving spouse until death. For purposes of this subsection, `retired member' shall include those former judges and solicitors who are beneficiaries pursuant to subsection (4) of Section 9-8-60."

Credit established for entire year

SECTION 3. The 1976 Code is amended by adding:

"Section 9-9-55. Notwithstanding any other provision of law, any member of the General Assembly who served in the General Assembly any portion of a year may establish credit for the entire year by paying the full actuarial cost as determined by the Retirement System for members of the General Assembly."

Contingent beneficiaries

SECTION 4. Section 9-9-100(1) of the 1976 Code is amended to read:

"(1) Upon the death of a member of the system, a lump sum amount must be paid to the person the member nominated by written designation, filed with the board, otherwise to the member's estate. This lump sum amount must be equal to the amount of the member's accumulated contributions. An active contributing member making the nomination provided under this item also may name contingent beneficiaries in the same manner that beneficiaries are named. A contingent beneficiary has no rights under this chapter unless all beneficiaries nominated by the member have predeceased the member and the member's death occurs while in service. In this instance, a contingent beneficiary is considered the member's beneficiary for purposes of this item and item (3) of this section, if applicable."

Contingent beneficiaries

SECTION 5. Section 9-11-110 of the 1976 Code is amended by adding at the end:

"(3) An active contributing member making the nomination provided under subsection (1) of this section also may name contingent beneficiaries in the same manner that beneficiaries are named. A contingent beneficiary has no rights under this chapter unless all beneficiaries nominated by the member have predeceased the member and the member's death occurs while in service. In this instance, a contingent beneficiary is considered the member's beneficiary for purposes of subsection (1) of this section and Section 9-11-130, if applicable."

Time effective

SECTION 6. This act takes effect upon approval by the Governor.

Approved the 28th day of June, 1995.