2003-2004 Bill 4757: Retirees, Overpayments - South Carolina Legislature Online

South Carolina General Assembly

115th Session, 2003-2004

H. 4757

STATUS INFORMATION

General Bill

Sponsors: Reps. Koon, Littlejohn, Anthony, Frye, Rhoad, Bales, Bingham, Chellis and Harrison

Document Path: l:\council\bills\gjk\20870sd04.doc

Companion/Similar bill(s): 855, 913

Introduced in the House on February 12, 2004

Currently residing in the House Committee on Ways and Means

Summary: Retirees, overpayments

HISTORY OF LEGISLATIVE ACTIONS

DateBodyAction Description with journal page number

2/12/2004HouseIntroduced and read first time HJ25

2/12/2004HouseReferred to Committee on Ways and MeansHJ26

VERSIONS OF THIS BILL

2/12/2004

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 911675 AND 911165 SO AS TO PROVIDE THAT NO MORE THAN TWELVE 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, AND TO PROVIDE THAT THE REPAYMENT BY THE RETIRED MEMBER MAY NOT EXCEED FIVE PERCENT OF HIS REVISED MONTHLY RETIREMENT ALLOWANCE AND MUST BE OVER A PERIOD OF NO LESS THAN ONE HUNDRED TWENTY MONTHS IN EQUAL MONTHLY INSTALLMENTS WITHOUT INTEREST OR PENALTY.

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

SECTION1.Article 13, Chapter 1, Title 9 of the 1976 Code is amended by adding:

“Section 911675.If a retired member receives overpayment of retirement benefits through no fraudulent act 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 twelve months preceding the date the system provides notice in writing to the member of the overpayment. The repayment by the retired member may not exceed five percent of his revised monthly retirement allowance and must be over a period of no less than one hundred twenty months in equal monthly installments without interest and penalty.”

SECTION2.Article 1, Chapter 11, Title 9 of the 1976 Code is amended by adding:

“Section 911165.If a retired member receives overpayment of retirement benefits through no fraudulent act 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 twelve months preceding the date the system provides notice in writing to the member of the overpayment. The repayment by the retired member may not exceed five percent of his revised monthly retirement allowance and must be over a period of no less than one hundred twenty months in equal monthly installments without interest and penalty.”

SECTION3.This act takes effect upon approval by the Governor.

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