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 9                       SECTION 27
10
11     TO AMEND SECTIONS 9-1-1140, AS AMENDED, 9-9-50, AS AMENDED, AND 9-11-50, AS AMENDED, OF THE 1976 CODE,
12     RELATING TO CREDITED SERVICE FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, THE
13     RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, AND THE POLICE OFFICERS RETIREMENT
14     SYSTEM, SO AS TO ALLOW NATIONAL GUARD SERVICE TO BE ESTABLISHED IN THE SAME MANNER AND
15     SUBJECT TO THE SAME REQUIREMENTS AS THE ESTABLISHMENT OF MILITARY SERVICE.
16
17     A.  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
18     read:
19
20           "Any member with two or more years of creditable service shall receive additional creditable service for the period of his military
21     service at the rate of one year of military service for each two years of his creditable service excluding any period of creditable military
22     service, as long as he was discharged or separated from the military service under conditions other than dishonorable, and as long as he
23     pays to the system, by a single payment prior to before his retirement or death or by another method of payment as may be prescribed from
24     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
25     employed in the position he held immediately prior to before the commencement of his military leave during the period of the military
26     service, together with the regular interest which would have been credited thereon from the date the contributions would have been made
27     to the date of payment.  In the case of a member whose military service was rendered prior to before his employment by an employer the
28     payments by the member, as described in the foregoing sentence, must be determined on the basis of his earnable compensation at the time
29     he first became a member of the system.  The required employer contribution must be assumed by the State.  No member may receive
30     credit for more than six years of military service.  Active military duty performed subsequent to December 31, 1975, may not be considered
31     creditable service.  Active military duty includes service in the national guard; provided, however, that to establish creditable service for
32     national guard service, the member must pay both the employer and employee required contributions.  Any former employee of the United
33     States employed in this State by an employer covered by the system, and who is currently a contributing member, may elect to receive
34     prior service credit for service rendered as an employee of the United States upon his paying into the system the actuarial cost as
35     determined by the board. The member payment may not be less than ten percent and effective July 1, 1994, twelve percent of the earnable



       PART II                                                        PAGE 555

 1     compensation, or the average of the three highest consecutive fiscal years of compensation at the time of payment, whichever is greater,
 2     for each year of service prorated for periods of less than one year. A member who elects to receive creditable service for federal
 3     employment may establish a portion of the service on a one-time basis. This service may not exceed the total creditable service, exclusive
 4     of federal service, which he would have if he remained in service until completion of the eligibility requirements for an unreduced service
 5     retirement allowance. In no event may any benefits payable under the system duplicate benefits being paid under any other retirement
 6     system for the same period of service."
 7
 8     B.  Section 9-9-50(4) of the 1976 Code is amended to read:
 9
10           "(4)   Any member with two or more years of credited service shall receive additional credited service for the period of his military
11     service, at the rate of one year of military service for each two years of his credited service excluding any period of credited military
12     service, provided he was discharged or separated from the military service under conditions other than dishonorable, and  provided  that
13     he shall pay upon paying to the system, by a single payment prior to before his retirement or death or by such other method of payment
14     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
15     be so credited had he been employed in the position he held immediately prior to before the commencement of his military leave during
16     the period of such military service, together with the regular interest which would have been credited thereon from the date the
17     contributions would have been made to the date of payment.  In the case of a member whose military service was rendered prior to before
18     his becoming a member of the General Assembly such the payments by the member, as described in the foregoing sentence, shall must
19     be determined on the basis of his earnable compensation at the time he first became a member of the system.  Provided, however, No
20     member shall receive credit for more than six years of military service.  Military service includes service in the national guard; provided,
21     however, that to establish creditable service for national guard service, the member must pay both the employer and employee required
22     contributions."
23
24     C.  Section 9-11-50(4) of the 1976 Code, as last amended by Act 189 of 1989, is further amended to read:
25
26           "(4)   Any member with two or more years of credited service shall receive additional credited service for the period of his military
27     service at the rate of one year of military service for each two years of his credited service excluding any period of credited military service,
28     as long as he was discharged or separated from the military service under conditions other than dishonorable, and as long as he pays to
29     the system, by a single payment prior to before his retirement or death or by another method of payment as may be prescribed from time
30     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
31     employed in the position he held immediately prior to before the commencement of his military leave during the period of the military
32     service, together with the regular interest which would have been credited thereon from the date the contributions would have been made
33     to the date of payment. In the case of a member whose military service was rendered prior to before his employment by an employer, the
34     payments by the member, as described in the foregoing sentence, must be determined on the basis of his compensation at the time he first
35     became a member of the system. The required employer contribution must be assumed by the State. However, no member may receive



       PART II                                                        PAGE 556

 1     credit for more than six years of military service. Active military duty performed subsequent to December 31, 1975, may not be considered
 2     creditable service.  Active military duty includes service in the national guard; provided, however, that to establish creditable service for
 3     national guard service, the member must pay both the employer and employee required contributions."
 4    
 5     D.  This section takes effect July 1, 1998.
 6