South Carolina General Assembly
116th Session, 2005-2006

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A155, R204, H3813

STATUS INFORMATION

General Bill
Sponsors: Rep. Harrell
Document Path: l:\council\bills\ggs\22995htc05.doc

Introduced in the House on March 30, 2005
Introduced in the Senate on April 21, 2005
Last Amended on June 2, 2005
Passed by the General Assembly on June 2, 2005
Governor's Action: June 10, 2005, Signed

Summary: National Guard Pension Fund

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   3/30/2005  House   Introduced and read first time HJ-16
   3/30/2005  House   Referred to Committee on Ways and Means HJ-17
   4/13/2005  House   Committee report: Favorable with amendment Ways and 
                        Means HJ-8
   4/19/2005  House   Amended HJ-41
   4/19/2005  House   Read second time HJ-45
   4/20/2005  House   Read third time and sent to Senate HJ-23
   4/20/2005          Scrivener's error corrected
   4/21/2005  Senate  Introduced and read first time SJ-6
   4/21/2005  Senate  Referred to Committee on General SJ-6
   4/25/2005  Senate  Recalled from Committee on General SJ-7
   4/25/2005  Senate  Committed to Committee on Finance SJ-7
   5/18/2005  Senate  Committee report: Favorable with amendment Finance SJ-31
    6/1/2005  Senate  Read second time SJ-31
    6/2/2005  Senate  Amended SJ-116
    6/2/2005  Senate  Read third time and returned to House with amendments 
                        SJ-116
    6/2/2005  House   Concurred in Senate amendment and enrolled HJ-162
    6/6/2005          Ratified R 204
   6/10/2005          Signed By Governor
   6/15/2005          Copies available
   6/15/2005          Effective date 01/01/06
   6/16/2005          Act No. 155

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

3/30/2005
4/13/2005
4/19/2005
4/20/2005
5/18/2005
6/2/2005


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

(A155, R204, H3813)

AN ACT TO AMEND TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10 SO AS TO ESTABLISH UNDER THE ADMINISTRATION OF THE RETIREMENT DIVISION OF THE STATE BUDGET AND CONTROL BOARD THE NATIONAL GUARD RETIREMENT SYSTEM FORMERLY ADMINISTERED BY THE ADJUTANT GENERAL AND PROVIDE FOR THE ADMINISTRATION OF AND ASSET INVESTMENT OF THE NATIONAL GUARD RETIREMENT SYSTEM IN THE MANNER THAT OTHER STATE RETIREMENT SYSTEMS ARE ADMINISTERED AND THEIR ASSETS INVESTED; TO AMEND SECTION 9-1-310, RELATING TO PAYING THE ADMINISTRATIVE COSTS OF THE VARIOUS STATE RETIREMENT SYSTEMS, SO AS TO INCLUDE THE NATIONAL GUARD RETIREMENT SYSTEM FOR PURPOSES OF ADMINISTRATIVE COSTS; TO AMEND SECTION 9-21-20, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEMS CLAIMS PROCEDURES ACT, SO AS TO MAKE CONFORMING AMENDMENTS WITH RESPECT TO THE NATIONAL GUARD RETIREMENT SYSTEM AND TO INCLUDE THE OPTIONAL RETIREMENT PROGRAM IN APPROPRIATE DEFINITIONS; TO AMEND SECTION 9-16-10, RELATING TO DEFINITIONS FOR PURPOSES OF MANAGING AND INVESTING THE FUNDS OF THE VARIOUS STATE RETIREMENT SYSTEMS, SO AS TO INCLUDE THE NATIONAL GUARD RETIREMENT SYSTEM IN THE APPROPRIATE DEFINITION; AND TO REPEAL ARTICLE 23, CHAPTER 1, TITLE 25 OF THE 1976 CODE RELATING TO NATIONAL GUARD PENSIONS UNDER THE ADMINISTRATION OF THE ADJUTANT GENERAL.

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

National Guard Retirement System established

SECTION    1.    Title 9 of the 1976 Code is amended by adding:

"CHAPTER 10

National Guard Retirement System

Section 9-10-10.    As used in this chapter, unless a different meaning is plainly required by the context:

(1)    'Board' or 'board' means the State Budget and Control Board, acting pursuant to the provisions of this chapter through its Division of Retirement Systems.

(2)    'Director' means the Director of the National Guard Retirement System.

(3)    'System' or 'system' means the National Guard Retirement System established pursuant to this chapter.

Section 9-10-20.    (A)    A retirement system is established to provide pension benefits for members of the National Guard of South Carolina who became members of the National Guard of South Carolina before July 1, 1993. This retirement system has the powers and privileges of a corporation and must be known as the National Guard Retirement System. By this name all of its business must be transacted, all of its funds invested, and all of its cash, securities, and other property held.

(B)    The general administration and responsibility for the proper operation of the system and for making effective the provisions of this chapter are vested in the board.

(C)    There is created an office of Director of the National Guard Retirement System. The Director of the South Carolina Retirement System shall serve as director.

(D)    The board shall engage the actuarial and other services as required to transact the business of the system.

(E)    The board shall designate an actuary to be the technical advisor of the board on matters regarding the operation of the system and who shall perform other duties as are required in connection with the system.

(F)    At least once in each five year period following July 1, 2006, the actuary shall make an actuarial investigation into the mortality, service, and compensation experience of the participants of the system and make a valuation of the contingent assets and liabilities of the system. The board, after taking into account the results of these investigations and valuations, shall adopt for the system the mortality, service, and other tables as are necessary.

(G)    On the basis of regular interest and tables last adopted by the board, the actuary shall make a valuation of the contingent assets and liabilities of the system at least every other year.

(H)    The board shall keep in convenient form the data as necessary for the actuarial valuation of the contingent assets and liabilities of the system and for checking the experience of the system.

(I)    Subject to the limitations of this chapter, the board shall establish regulations for the administration of the system and for the transaction of business.

(J)    The board shall keep a record of all its proceedings under this chapter, which must be open to public inspection. Notwithstanding any other provisions of law governing the system, all persons employed by the board and the expenses of the board to carry out the provisions of this chapter must be paid from the interest earnings of the system.

Section 9-10-30.    Every member of the National Guard of South Carolina who became a member of the National Guard of South Carolina before July 1, 1993, and meets the requirements set forth in this section shall receive from the National Guard Retirement System, commencing at age sixty, a pension of fifty dollars a month for twenty years creditable military service with an additional five dollars per month for each additional year of creditable military service. However, the total pension may not exceed one hundred dollars a month. The requirements for the pension are that each member shall have:

(1)    served and qualified for at least twenty years creditable military service, including National Guard, reserve, and active duty, under the same requirement specified for entitlement to retired pay for nonregular service under Chapter 67, Title 10, United States Code;

(2)    at least fifteen years of the service described in item (1) of this subsection as a member of the National Guard of South Carolina with the final or last ten years of service immediately before retirement in the National Guard of South Carolina;

(3)    received an honorable discharge from the National Guard of South Carolina.

Section 9-10-40.    (A)    Payment to a retired member of the system pursuant to this chapter is for the life of the retired member and no payment may be made to beneficiaries or to the decedent's estate, except that the retirement allowance for the month the retired member died, if not previously paid to the member, must be paid to the member's estate.

(B)    No individual receiving retired pay as a result of length of service, age, or physical disability retirement from any of the regular components of the Armed Forces of the United States are eligible for benefits under this chapter.

Section 9-10-50.    (A)    Nothing contained in this chapter precludes or in any way affects the benefits that an individual may be entitled to from state, federal, or private retirement systems.

(B)    Benefits paid pursuant to this chapter are exempt from the South Carolina income tax.

Section 9-10-60.    (A)    Notwithstanding any other provision of this chapter, a person who becomes a member of the National Guard of South Carolina after June 30, 1993, is ineligible to receive the pension authorized by this chapter.

(B)    Persons with a break in service remain eligible for pension benefits under this chapter if the person was a member of the National Guard of South Carolina before July 1, 1993.

(C)(1)    The board is the trustee of the National Guard Retirement System and may invest and reinvest its funds in the same manner as funds of the South Carolina Retirement System are invested and reinvested pursuant to Section 9-1-1310.

(2)    Except as otherwise provided in this chapter, a member of or person employed by the board may not have a direct interest in the gains or profits of any investment made by the board. A member of the board or employee of the board may not, directly or indirectly, for himself or as an agent in any manner use the funds of the system except to make the current and necessary payments authorized by the board; nor shall any member or employee of the board become an endorser or surety, or in any manner an obligor, for monies loaned or borrowed from the board.

(D)    The General Assembly annually shall appropriate sums sufficient to establish and maintain the National Guard Retirement System on a sound actuarial basis as determined by the State Budget and Control Board.

(E)    Assets and funds of the National Guard Retirement System must be used to pay obligations to persons entitled to receive benefits under this chapter and may not be diverted or used for any other purpose.

Section 9-10-70.    All property owned or acquired by the system for the purposes of this chapter is exempt from all taxes imposed by the State or any political subdivision of the State.

Section 9-10-80.    (A)    The State Treasurer is the custodian of the funds of the National Guard Retirement System. All payments from the funds must be made by him only upon vouchers signed by two persons designated by the board. No voucher may be drawn unless it has previously been authorized by resolution of the board.

(B)    For the purpose of meeting disbursements for retirement allowances and other payments, there may be kept available cash, not exceeding ten percent of the total funds of the National Guard Retirement System, on deposit with the State Treasurer."

Administrative cost

SECTION    2.    Section 9-1-310 of the 1976 Code is amended to read:

"Section 9-1-310.    The administrative cost of the South Carolina Retirement System, the South Carolina Police Officers Retirement System, the Retirement System for Members of the General Assembly of the State of South Carolina, the Retirement System for Judges and Solicitors of the State of South Carolina, and the National Guard Retirement System must be funded from the interest earnings of the above systems. The allocation of the administrative costs of the systems must be made by the State Budget and Control Board and must be based upon a proration of the cost in proportion to the assets that each system bears to the total assets of all of the systems for the most recently completed fiscal year."

Definitions, claims procedures

SECTION    3.    Items (4), (6), (7), and (8) of Section 9-21-20 of the 1976 Code, as added by Act 12 of 2003, are amended to read:

"(4)    'Director' means the Director of the South Carolina Retirement System, the South Carolina Police Officers System, the Retirement System for Members of the General Assembly, the Retirement System for Judges and Solicitors, and the National Guard Retirement System.

(6)    'Member' means a participant in the South Carolina Retirement System, the South Carolina Police Officers System, the Retirement System for Members of the General Assembly, the Retirement System for Judges and Solicitors, the State Optional Retirement Program, the National Guard Retirement System, or a person claiming the status and entitlements of a 'member'.

(7)    'Member's designated beneficiary' or 'beneficiary' means a person designated by a participant in the South Carolina Retirement System, the South Carolina Police Officers System, the Retirement System for Members of the General Assembly, the Retirement System for Judges and Solicitors, or the State Optional Retirement Program, to receive a benefit from the retirement systems or a person claiming the status and entitlements of a 'member's designated beneficiary'.

(8)    'South Carolina Retirement Systems' or 'retirement systems' means the division of the board administering the South Carolina Retirement System, the South Carolina Police Officers System, the Retirement System for Members of the General Assembly, the Retirement System for Judges and Solicitors, the State Optional Retirement Program, or the National Guard Retirement System."

Definitions, investment of funds

SECTION    4.    Section 9-16-10(8) of the 1976 Code, as added by Act 371 of 1998, is amended to read:

"(8)    'Retirement system' means the South Carolina Retirement System, Retirement System for Judges and Solicitors, Retirement System for Members of the General Assembly, National Guard Retirement System, and Police Officers Retirement System established pursuant to Chapters 1, 8, 9, 10 and 11 of this title."

Former pension provisions repealed

SECTION    5.    Article 23, Chapter 1, Title 25 of the 1976 Code is repealed.

Time effective

SECTION    6.    This act takes effect January 1, 2006.

Ratified the 6th day of June, 2005.

Approved the 10th day of June, 2005.

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