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H. 3557

STATUS INFORMATION

General Bill
Sponsors: Reps. S. Williams, McGarry and Gilliam
Document Path: l:\council\bills\sm\20174sa21.docx
Companion/Similar bill(s): 328, 3032, 3595, 4918

Introduced in the House on January 12, 2021
Currently residing in the House Committee on Ways and Means

Summary: Retirement system, earning limitations upon return to work to covered employment in SCRS and SCPORS

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
  12/16/2020  House   Prefiled
  12/16/2020  House   Referred to Committee on Ways and Means
   1/12/2021  House   Introduced and read first time (House Journal-page 237)
   1/12/2021  House   Referred to Committee on Ways and Means 
                        (House Journal-page 237)
    2/9/2021  House   Member(s) request name added as sponsor: McGarry
    3/9/2022  House   Member(s) request name added as sponsor: Gilliam

View the latest legislative information at the website

VERSIONS OF THIS BILL

12/16/2020

TO AMEND SECTIONS 9-1-1790 AND 9-11-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO THE EARNINGS LIMITATION UPON RETURN TO COVERED EMPLOYMENT IN THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM RESPECTIVELY, SO AS TO INCREASE THE AMOUNT THAT MAY BE EARNED WITHOUT AFFECTING THE MONTHLY RETIREMENT ALLOWANCE FROM TEN THOUSAND DOLLARS TO SIXTY-FIVE THOUSAND DOLLARS.

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

SECTION    1.    Section 9-1-1790(A)(1) of the 1976 Code is amended to read:

    "(1)    A retired member of the system who has been retired for at least thirty consecutive calendar days may be hired and return to employment covered by this system or any other system provided in this title and earn up to ten sixty-five thousand dollars without affecting the monthly retirement allowance the member is receiving from the system. If the retired member continues in service after earning ten sixty-five thousand dollars in a calendar year, the member's allowance must be discontinued during his period of service in the remainder of the calendar year. If the employment continues for at least forty-eight consecutive months, the provisions of Section 9-1-1590 apply. If a retired member of the system returns to employment covered by this system or any other system provided in this title sooner than thirty days after retirement, the member's retirement allowance is suspended while the member remains employed by the participating employer. If an employer fails to notify the system of the engagement of a retired member to perform services, the employer shall reimburse the system for all benefits wrongly paid to the retired member. Nothing in this subsection may be construed to require an employer to hire a person after that person has retired."

SECTION    2.    Section 9-11-90(4)(a)(i) of the 1976 Code is amended to read:

    "(i)    Notwithstanding the provisions of subsections (1) and (2) of this section, a retired member of the system who has been retired for at least thirty consecutive calendar days may be hired and return to employment covered by this system or any system provided in this title and may earn up to ten sixty-five thousand dollars without affecting the monthly retirement allowance the member is receiving from this system. If the retired member continues in service after having earned ten sixty-five thousand dollars in a calendar year, the member's retirement allowance must be discontinued during the member's period of service in the remainder of the calendar year. If the employment continues for at least forty-eight consecutive months, the provisions of Section 9-11-90(3) apply. If a retired member of the system returns to employment covered by the South Carolina Police Officers Retirement System or any other system provided in this title sooner than thirty consecutive calendar days after retirement, the member's retirement allowance is suspended while the member remains employed by a participating employer of any of these systems. If an employer fails to notify the system of the engagement of a retired member to perform services, the employer shall reimburse the system for all benefits wrongly paid to the retired member. Nothing in this subsection may be construed to require an employer to hire a person after that person has retired."

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

This web page was last updated on March 9, 2022 at 10:23 AM