South Carolina General Assembly
115th Session, 2003-2004

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Indicates Matter Stricken
Indicates New Matter

R136, S194

STATUS INFORMATION

General Bill
Sponsors: Senator McGill
Document Path: l:\council\bills\ggs\22659htc03.doc

Introduced in the Senate on January 16, 2003
Introduced in the House on June 3, 2003
Last Amended on June 4, 2003
Passed by the General Assembly on June 5, 2003
Governor's Action: August 20, 2003, Vetoed
Legislative veto action(s): Veto sustained

Summary: Retirement system, college work-study and graduate assistants included in definition of employee

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   1/16/2003  Senate  Introduced and read first time SJ-7
   1/16/2003  Senate  Referred to Committee on Finance SJ-7
   5/28/2003  Senate  Committee report: Favorable Finance SJ-19
   5/29/2003          Scrivener's error corrected
   5/29/2003  Senate  Read second time SJ-66
   5/29/2003  Senate  Ordered to third reading with notice of amendments SJ-66
    6/3/2003  Senate  Read third time and sent to House SJ-52
    6/3/2003  House   Introduced, read first time, placed on calendar without 
                        reference HJ-51
    6/4/2003  House   Read second time HJ-11
    6/4/2003  House   Reconsidered HJ-125
    6/4/2003  House   Amended HJ-126
    6/4/2003  House   Read second time HJ-126
    6/5/2003  House   Read third time and returned to Senate with amendments
    6/5/2003  Senate  Concurred in House amendment and enrolled SJ-78
    6/5/2003          Ratified R 136
   8/20/2003          Vetoed by Governor
   1/13/2004  Senate  Veto sustained Yeas-45 Nays-0 SJ-2

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

1/16/2003
5/28/2003
5/29/2003
6/3/2003
6/4/2003

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

NOTE: THIS COPY IS A TEMPORARY VERSION. THIS DOCUMENT WILL REMAIN IN THIS VERSION UNTIL PUBLISHED IN THE ADVANCE SHEETS TO THE ACTS AND JOINT RESOLUTIONS. WHEN THIS DOCUMENT IS PUBLISHED IN THE ADVANCE SHEET, THIS NOTE WILL BE REMOVED.

(R136, S194)

AN ACT TO AMEND SECTION 9-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO DELETE FROM THE DEFINITION OF "EMPLOYEE" THE EXCLUSION FROM COLLEGE WORK-STUDY STUDENTS AND GRADUATE ASSISTANTS; AND TO AMEND SECTION 9-1-1790, AS AMENDED, RELATING TO RETIRED MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM WHO RETURN TO COVERED EMPLOYMENT, SO AS TO REDUCE FROM SIXTY DAYS TO FIFTEEN CONSECUTIVE CALENDAR DAYS TO TIME A MEMBER MUST BE RETIRED BEFORE RETURNING TO COVERED EMPLOYMENT AND ALLOWED TO RECEIVE RETIREMENT BENEFITS UNTIL MEETING THE EARNING LIMIT FOR THE YEAR.

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

Employee redefined

SECTION    1.    The last paragraph of Section 9-1-10(11) of the 1976 Code, as last amended by Act 387 of 2000, is further amended to read:

"'Employee' does not include supreme and circuit court judges."

Return to covered employment

SECTION    2.    Section 9-1-1790(A) of the 1976 Code, as last amended by Act 25 of 2001, is further amended to read:

"(A)    A retired member of the system who has been retired for at least fifteen consecutive calendar days may return to employment covered by the system and earn up to fifty thousand dollars a fiscal year without affecting the monthly retirement allowance he is receiving from the system. If the retired member continues in service after having earned fifty thousand dollars in a fiscal year, his retirement allowance must be discontinued during his period of service in the remainder of the fiscal year. If the employment continues for at least forty-eight consecutive months, the provisions of Section 9-1-1590 apply. If a retired member of the system returns to employment covered by the system sooner than fifteen consecutive calendar days after retirement, the member's retirement allowance is suspended while the member remains employed by the participating employer. If an employer fails to notify the system of the engagement of a retired member to perform services, the employer shall reimburse the system for all benefits wrongly paid to the retired member."

Time effective

SECTION    3.    This act takes effect upon approval by the Governor.

Ratified the 5th day of June, 2003.

__________________________________________

President of the Senate

___________________________________________

Speaker of the House of Representatives

Approved the ____________ day of _____________________2003.

___________________________________________

Governor

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