South Carolina General Assembly
115th Session, 2003-2004
R136, S194
STATUS INFORMATION
General Bill
Sponsors: Senator McGill
Document Path: l:\council\bills\ggs\22659htc03.doc
Introduced in the Senate on January 16, 2003
Introduced in the House on June 3, 2003
Last Amended on June 4, 2003
Passed by the General Assembly on June 5, 2003
Governor's Action: August 20, 2003, Vetoed
Legislative veto action(s): Veto sustained
Summary: Retirement system, college work-study and graduate assistants included in definition of employee
HISTORY OF LEGISLATIVE ACTIONS
DateBodyAction Description with journal page number
1/16/2003SenateIntroduced and read first time SJ7
1/16/2003SenateReferred to Committee on FinanceSJ7
5/28/2003SenateCommittee report: Favorable FinanceSJ19
5/29/2003Scrivener's error corrected
5/29/2003SenateRead second time SJ66
5/29/2003SenateOrdered to third reading with notice of amendments SJ66
6/3/2003SenateRead third time and sent to House SJ52
6/3/2003HouseIntroduced, read first time, placed on calendar without reference HJ51
6/4/2003HouseRead second time HJ11
6/4/2003HouseReconsidered HJ125
6/4/2003HouseAmended HJ126
6/4/2003HouseRead second time HJ126
6/5/2003HouseRead third time and returned to Senate with amendments
6/5/2003SenateConcurred in House amendment and enrolled SJ78
6/5/2003Ratified R 136
8/20/2003Vetoed by Governor
1/13/2004SenateVeto sustained Yeas45 Nays0 SJ2
VERSIONS OF THIS BILL
1/16/2003
5/28/2003
5/29/2003
6/3/2003
6/4/2003
NOTE: THIS COPY IS A TEMPORARY VERSION. THIS DOCUMENT WILL REMAIN IN THIS VERSION UNTIL PUBLISHED IN THE ADVANCE SHEETS TO THE ACTS AND JOINT RESOLUTIONS. WHEN THIS DOCUMENT IS PUBLISHED IN THE ADVANCE SHEET, THIS NOTE WILL BE REMOVED.
(R136, S194)
AN ACT TO AMEND SECTION 9110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO DELETE FROM THE DEFINITION OF “EMPLOYEE” THE EXCLUSION FROM COLLEGE WORKSTUDY STUDENTS AND GRADUATE ASSISTANTS; AND TO AMEND SECTION 911790, AS AMENDED, RELATING TO RETIRED MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM WHO RETURN TO COVERED EMPLOYMENT, SO AS TO REDUCE FROM SIXTY DAYS TO FIFTEEN CONSECUTIVE CALENDAR DAYS TO TIME A MEMBER MUST BE RETIRED BEFORE RETURNING TO COVERED EMPLOYMENT AND ALLOWED TO RECEIVE RETIREMENT BENEFITS UNTIL MEETING THE EARNING LIMIT FOR THE YEAR.
Be it enacted by the General Assembly of the State of South Carolina:
Employee redefined
SECTION1.The last paragraph of Section 9110(11) of the 1976 Code, as last amended by Act 387 of 2000, is further amended to read:
“‘Employee’ does not include supreme and circuit court judges.”
Return to covered employment
SECTION2.Section 911790(A) of the 1976 Code, as last amended by Act 25 of 2001, is further amended to read:
“(A)A retired member of the system who has been retired for at least fifteen consecutive calendar days may return to employment covered by the system and earn up to fifty thousand dollars a fiscal year without affecting the monthly retirement allowance he is receiving from the system. If the retired member continues in service after having earned fifty thousand dollars in a fiscal year, his retirement allowance must be discontinued during his period of service in the remainder of the fiscal year. If the employment continues for at least fortyeight consecutive months, the provisions of Section 911590 apply. If a retired member of the system returns to employment covered by the system sooner than fifteen consecutive calendar 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.”
Time effective
SECTION3.This act takes effect upon approval by the Governor.
Ratified the 5th day of June, 2003.
______
President of the Senate
______
Speaker of the House of Representatives
Approved the ______day of ______2003.
______
Governor
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