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A14 of 2005, R347, S852
STATUS INFORMATION
General Bill
Sponsors: Senator McGill
Document Path: l:\council\bills\gjk\20858sd04.doc
Introduced in the Senate on January 21, 2004
Introduced in the House on March 25, 2004
Last Amended on March 11, 2004
Passed by the General Assembly on May 20, 2004
Governor's Action: December 15, 2004, Vetoed
Legislative veto action(s): Veto overridden
Summary: State retirement systems, definition of public service
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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1/21/2004 Senate Introduced and read first time SJ-4
1/21/2004 Senate Referred to Committee on Finance SJ-4
3/10/2004 Senate Committee report: Favorable with amendment Finance SJ-13
3/11/2004 Senate Amended SJ-20
3/11/2004 Senate Read second time SJ-20
3/11/2004 Senate Ordered to third reading with notice of amendments SJ-20
3/11/2004 Scrivener's error corrected
3/24/2004 Senate Read third time and sent to House SJ-16
3/25/2004 House Introduced and read first time HJ-6
3/25/2004 House Referred to Committee on Ways and Means HJ-6
5/13/2004 House Committee report: Favorable Ways and Means HJ-6
5/19/2004 House Read second time HJ-42
5/20/2004 House Read third time and enrolled HJ-48
6/2/2004 Ratified R 347
12/15/2004 Vetoed by Governor
1/12/2005 Senate Veto overridden by originating body Yeas-38 Nays-6 SJ-3
1/13/2005 House Debate adjourned on veto consideration until Tuesday,
January 18, 2005 HJ-127
1/18/2005 House Veto overridden Yeas-94 Nays-3 HJ-42
1/25/2005 Copies available
1/25/2005 Effective date 07/01/04
2/16/2005 Act No. 14
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
1/21/2004
3/10/2004
3/11/2004
3/11/2004-A
5/13/2004
(A14, R347, S852 of 2004)
AN ACT TO AMEND SECTIONS 9-1-10 AND 9-11-10, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE POLICE OFFICERS RETIREMENT SYSTEM, RESPECTIVELY, SO AS TO PROVIDE THAT THE DEFINITION OF "PUBLIC SERVICE" INCLUDES PAID SERVICE RENDERED AS AN EMPLOYEE OF A POSTSECONDARY PUBLIC TECHNICAL COLLEGE OR PUBLIC JUNIOR COLLEGE, OR A PUBLIC FOUR-YEAR OR POSTGRADUATE INSTITUTION OF HIGHER EDUCATION, WHILE THE MEMBER WAS A STUDENT AT THAT INSTITUTION, AND TO AMEND SECTIONS 9-1-1020 AND 9-11-210, BOTH AS AMENDED, RELATING TO MEMBER CONTRIBUTIONS FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO CLARIFY THE CONTRIBUTION REQUIREMENTS ON UNUSED ANNUAL LEAVE AND THE USE OF SUCH PAYMENTS IN CALCULATING AVERAGE FINAL COMPENSATION.
Be it enacted by the General Assembly of the State of South Carolina:
Public service defined
SECTION 1. Section 9-1-10(23) of the 1976 Code, as last amended by Act 387 of 2000, is further amended to read:
"(23) 'Public service' means service as an employee of the government of the United States, a state or political subdivision of the United States, or an agency or instrumentality of any of these. 'Public service' does not include 'educational service' or 'military service' as defined in this section. 'Public service' does include paid service rendered as an employee of a postsecondary public technical college or public junior college, or a public four-year or postgraduate institution of higher education, while the member was a student at that institution."
Public service defined
SECTION 2. Section 9-11-10(24) of the 1976 Code, as last amended by Act 387 of 2000, is further amended to read:
"(24) 'Public service' means service as an employee of the government of the United States, any state or political subdivision of the United States, or any agency or instrumentality of any of these. The term 'public service' does not include 'educational service' or 'military service' as defined in this section. 'Public service' does include paid service rendered as an employee of a postsecondary public technical college or public junior college, or a public four-year or postgraduate institution of higher education, while the member was a student at that institution."
Retirement contributions, AFC calculation
SECTION 3. The last unnumbered paragraph of Section 9-1-1020 of the 1976 Code is amended to read:
"Payments for unused sick leave, single special payments at retirement, bonus and incentive-type payments, or any other payments not considered a part of the regular salary base are not compensation for which contributions are deductible. Contributions are deductible on up to and including forty-five days' termination pay for unused annual leave. If a member has received termination pay for unused annual leave on more than one occasion, contributions are deductible on up to and including forty-five days' termination pay for unused annual leave for each termination payment for unused annual leave received by the member. However, only an amount up to and including forty-five days' pay for unused annual leave from the member's last termination payment shall be included in a member's average final compensation calculation."
Retirement contributions, AFC calculation
SECTION 4. Section 9-11-210(12) of the 1976 Code is amended to read:
"(12) Payments for unused sick leave, single special payments at retirement, bonus and incentive-type payments, or any other payments not considered a part of the regular salary base are not compensation for which contributions are deductible. This item does not apply to bonus payments paid to certain categories of employees annually during their work careers. Bonus or special payments applied only during the 'Average Final Compensation' period are excluded as compensation. Contributions are deductible on up to and including forty-five days' termination pay for unused annual leave. If a member has received termination pay for unused annual leave on more than one occasion, contributions are deductible on up to and including forty-five days' termination pay for unused annual leave for each termination payment for unused annual leave received by the member. However, only an amount up to and including forty-five days' pay for unused annual leave from the member's last termination payment shall be included in a member's average final compensation calculation."
Time effective
SECTION 5. This act takes effect July 1, 2004.
Ratified the 2nd day of June, 2004.
Vetoed by the Governor -- 12/15/04.
Veto overridden by Senate -- 1/12/05.
Veto overridden by House -- 1/18/05.
This web page was last updated on Wednesday, December 9, 2009 at 10:14 A.M.