South Carolina General Assembly
115th Session, 2003-2004

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Bill 855


Indicates Matter Stricken
Indicates New Matter


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

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 9-1-1675 AND 9-11-165 SO AS TO PROVIDE THAT NO MORE THAN THIRTY-SIX MONTHS OF OVERPAYMENTS MAY BE RECOUPED FROM THE RETIREMENT BENEFITS OF RETIREES UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM WHO RECEIVED OVERPAYMENTS THROUGH NO FRAUDULENT ACT OF THE RETIREE.

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

SECTION    1.    Article 13, Chapter 1, Title 9 of the 1976 Code is amended by adding:

"Section 9-1-1675.    If a retired member receives overpayment of retirement benefits through no fraudulent act of the member, the system may not recoup from the retiree's benefit more than the total of overpayments received by the member in the thirty-six months preceding the date the system provides notice in writing to the member of the overpayment."

SECTION    2.    Article 1, Chapter 11, Title 9 of the 1976 Code is amended by adding:

"Section 9-11-165.    If a retired member receives overpayment of retirement benefits through no fraudulent act of the member, the system may not recoup from the retiree's benefit more than the total of overpayments received by the member in the thirty-six months preceding the date the system provides notice in writing to the member of the overpayment."

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

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