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COMMITTEE AMENDMENT ADOPTED
May 27, 2004
S. 855
Introduced by Senators Knotts, Cromer, McConnell Verdin, Richardson, Giese, Leatherman, Peeler, Branton, Ravenel, Glover, Kuhn, Waldrep and Mescher
S. Printed 5/27/04--S.
Read the first time January 22, 2004.
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.
Amend Title To Conform
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 or misrepresentation 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. Benefits received by members under the previously existing Social Security Advance Option do not constitute overpayments under this section. Therefore, these benefits are exempt from this provision. The Social Security Advance Option includes cost of living and other special increases applied to the amount of the advance or reduction in allowance under Section 9-1-1620."
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 or misrepresentation 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. Benefits received by members under the previously existing Social Security Advance Option do not constitute overpayments under this section. Therefore, these benefits are exempt from this provision. The Social Security Advance Option includes cost of living and other special increases applied to the amount of the advance or reduction in allowance under Section 9-11-150."
SECTION 3. This act takes effect upon approval by the Governor.
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