S*126 Session 111 (1995-1996)
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 thi rd 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
(A139, R216, S126)
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. |