South Carolina General Assembly
117th Session, 2007-2008

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Bill 4864

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Indicates New Matter


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

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

April 9, 2008

H. 4864

Introduced by Reps. Edge and Cotty

S. Printed 4/9/08--H.

Read the first time March 13, 2008.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (H. 4864) to amend Section 1-23-500, as amended, Code of Laws of South Carolina, 1976, relating to the establishment of the South Carolina Administrative Law Court, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass:

JAMES H. HARRISON for Committee.

            

A BILL

TO AMEND SECTION 1-23-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA ADMINISTRATIVE LAW COURT, SO AS TO DELETE THE REFERENCE TO THE SPECIFIC RETIREMENT SYSTEM APPLICABLE TO JUDGES OF THIS COURT AND TO AMEND SECTION 9-11-25, AS AMENDED, RELATING TO THE ELECTION ALLOWED PROBATE JUDGES TO PARTICIPATE IN THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM (SCPORS), SO AS TO ALLOW A SIMILAR ELECTION FOR ADMINISTRATIVE LAW COURT JUDGES SERVING BEFORE JULY 1, 2008, AND TO PROVIDE THAT ALL ADMINISTRATIVE LAW COURT JUDGES TAKING OFFICE AFTER JUNE 30, 2008, SHALL PARTICIPATE IN SCPORS.

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

SECTION    1.    Section 1-23-500 of the 1976 Code, as last amended by Act 202 of 2004, is further amended to read:

"Section 1-23-500.    There is created the South Carolina Administrative Law Court, which is an agency and a court of record within the executive branch of the government of this State. The court shall consist of a total of six administrative law judges. The administrative law judges shall be part of the state employees retirement system."

SECTION    2.    Section 9-11-25 of the 1976 Code, as last amended by Act 336 of 1992, is further amended to read:

"Section 9-11-25.    (A)    Probate Judges may elect to participate in the South Carolina Police Officers Retirement System or they may elect to remain under regular state retirement the South Carolina Retirement System.

(B)(1)    Active contributing members of the South Carolina Retirement System taking office before July 1, 2008, as administrative law judges may elect irrevocably, no later than January 1, 2009, to participate in the South Carolina Police Officers Retirement System.

(2)    Persons taking office as administrative law judges after June 30, 2008, shall participate in the South Carolina Police Officers Retirement System."

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

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