Current Status Introducing Body:House Bill Number:5031 Primary Sponsor:Kirsh Type of Legislation:GB Subject:Retirement System, benefits denied after felony Residing Body:House Computer Document Number:JIC/5850HTC.94 Introduced Date:19940406 Last History Body:House Last History Date:19940512 Last History Type:Objection by Representative Scope of Legislation:Statewide All Sponsors:Kirsh Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
____ ______ ____________ ______________________________ ___ ____________
5031 House 19940512 Objection by Representative Kennedy
Inabinett
Williams
Breeland
Moody_Lawren
ce
Hines
McMahand
Anderson
5031 House 19940511 Debate interrupted
5031 House 19940421 Committee Report: Favorable 30
with amendment
5031 House 19940406 Introduced, read first time, 30
referred to Committee
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COMMITTEE REPORT
April 21, 1994
H. 5031
S. Printed 4/21/94--H.
Read the first time April 6, 1994.
To whom was referred a Bill (H. 5031), to amend the Code of Laws of South Carolina, 1976, by adding Section 9-1-110 so as to provide that no benefits from any state retirement system, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking subsections (A) and (B) of Section 9-1-110, as contained in SECTION 1, page 1, and inserting:
/(A). Notwithstanding any other provision of this title, no state officer or employee convicted after June 30, 1994, of a felony under the laws of this State or the United States arising out of the performance of official duties is eligible to receive any pension otherwise due the officer or employee from any of the state retirement systems. This ineligibility similarly applies to a pension which would otherwise be due the officer's or employee's surviving spouse or other beneficiary.
(B) When payment of a pension is denied under this section, the amounts actually contributed or deposited by the individual plus interest, less amounts previously refunded or paid as a pension must be refunded on an appropriate application therefor. The refund may be made to the individual or, if deceased, to the individual's beneficiary as previously designated to the applicable system./
Amend title to conform.
WILLIAM D. BOAN, for Committee.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-1-110 SO AS TO PROVIDE THAT NO BENEFITS FROM ANY STATE RETIREMENT SYSTEM OTHER THAN A REFUND OF CONTRIBUTIONS MAY BE PAID TO A STATE OFFICER OR EMPLOYEE CONVICTED AFTER JUNE 30, 1994, OF A FELONY ARISING OUT OF THE PERFORMANCE OF OFFICIAL DUTIES, TO PROVIDE THAT THE DENIAL OF BENEFITS APPLIES TO A SURVIVING SPOUSE OR OTHER BENEFICIARY OF A MEMBER SO CONVICTED, AND TO PROVIDE THOSE OFFICERS AND EMPLOYEES TO WHICH THE DENIAL APPLIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 1, Chapter 1, Title 9 of the 1976 Code is amended by adding:
"Section 9-1-110(A). Notwithstanding any other provision of this title, no state officer or employee convicted after June 30, 1994, of a felony under the laws of this State or the United States arising out of the performance of official duties is eligible to receive any benefits otherwise due the officer or employee from any of the state retirement systems except as provided in subsection (B). This ineligibility similarly applies to benefits which would otherwise be due the officer's or employee's surviving spouse or other beneficiary.
(B) When payment of benefits is denied under this section, the amounts actually contributed or deposited by the individual, less amounts previously refunded or paid as benefits must be refunded on an appropriate application therefor. The refund may be made to the individual or, if deceased, to the individual's beneficiary as previously designated to the applicable system.
(C) The provisions of this section apply to:
(1) all state employees first employed after June 30, 1994; and
(2) all state officers elected or appointed for a specific term of office for terms commencing after June 30, 1994."
SECTION 2. This act takes effect July 1, 1994.