The provisions of this article do not apply to:

1. (1) members, officers, or employees of the General Assembly;
2. (2) employees within the Office of the Governor who work at the mansion or in the State House or those employees appointed by the Governor to serve at or above the organizational level of assistant directors of the individual program components;
3. (3) elected public officials of this State or persons appointed to fill vacancies in these offices;
4. (4) all judges, officers, and employees of the Judicial Department; jurors; all employees of the Commission on Prosecution Coordination; and the judges, officers, and employees of the Administrative Law Court;
5. (5) members of state boards, commissions, councils, advisory councils, or committees compensated on a per diem basis;
6. (6) inmate help in a charitable, penal, or correctional institution, residents of rehabilitation facilities, or students employed in institutions of learning;
7. (7) part-time professional personnel engaged in consultant or contractual services;
8. (8) an agency head who has the authority and responsibility for an agency within state government including the divisions of the Department of Administration;
9. (9) employees of the Public Service Authority, State Ports Authority, the Jobs-Economic Development Authority, or the Division of Public Railways and the Division of Savannah Valley Development of the Department of Commerce;
10. (10) teaching or research faculty, professional librarians, academic administrators, or other persons holding faculty appointments at a four-year post-secondary educational institution, including its branch campuses, if any, as defined in Section 59-107-10;
11. (11) athletic coaches and unclassified employees in the athletic departments of four-year post-secondary educational institutions as defined in Section 59-107-10;
12. (12) deputy directors as defined in Section 8-17-320;
13. (13) regional and county directors of the Department of Social Services as defined in Section 43-3-40(B);
14. (14) employees of the Medical University Hospital Authority, provided the Medical University Hospital Authority has promulgated an employee grievance plan in accordance with its enabling provision;
15. (15) presidents of the South Carolina Technical College System;
16. (16) a retired member of the South Carolina Police Officers Retirement System or a retired member of the South Carolina Retirement System who is hired by an agency to fill all or some fraction of a full-time equivalent (FTE) position covered by the State Employee Grievance Procedure Act; and
17. (17) notwithstanding the provisions of Section 9-1-2210(E), any participant in the Teacher and Employee Retention Incentive Program.
18. (18) the chief investment officer and all other employees of the Retirement System Investment Commission.
19. (19) employees of the Office of the Lieutenant Governor if the employees report directly to the Lieutenant Governor or report directly to a person who reports directly to the Lieutenant Governor.
20. (20) the executive director, assistant directors, and the area directors of the South Carolina Department of Employment and Workforce created pursuant to Section 1-30-10(A)(20).

HISTORY: 1982 Act No. 402, Section 7; 1993 Act No. 177, Section 1, eff June 16, 1993, and applies to personnel actions taken after that date; 1993 Act No. 181 Section 73, eff July 1, 1993; 1994 Act No. 452, Section 8, eff June 16, 1994; 1996 Act No. 284, Section 8, eff October 1 1996; 2000 Act No. 264, Section 3, eff May 1, 2000; 2002 Act No. 171, Section 1, eff February 7, 2002; 2002 Act No. 356, Section 11, eff July 1, 2002; 2005 Act No. 153, Pt II, Sections 3.A, 3.B, Pt IV, Section 4, eff July 1, 2005; 2008 Act No. 353, Section 2, Pt 25B, eff July 1, 2009; 2010 Act No. 146, Section 6, eff March 30, 2010.

Code Commissioner's Note

Pursuant to the directive to the Code Commissioner in 2010 Act No. 146, Section 114, "Department of Employment and Workforce" was substituted for "Department of Workforce".

Pursuant to the directive in 2004 Act No. 202, Section 3, at the direction of the Code Commissioner, reference to "Administrative Law Judge Division" was changed to "Administrative Law Court".

At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, Section 5(D)(1), effective July 1, 2015.

Editor's Note

This section was amended by 1993 Act No. 177, Section 1, but that Act made no change in paragraph (9). Paragraph (9) was amended by 1993 Act No. 181, Section 73. As set out above, paragraph (9) reflects the amendments made by Act No. 181, Section 73, pursuant to the direction of 1993 Act No. 181, Section 1614, which reads:

"SECTION 1614. Notwithstanding any permanent or temporary provision of law, any enactment, or portion thereof, of the General Assembly in 1993 in conflict with any provision of this act shall be suspended as to its force and effect until March 1, 1994. Where there is no conflict the provisions of any other enactments shall supersede the provisions of this act. For the purposes of this section, 'conflict' shall not include:

"(1) where provisions of the Code of Laws of 1976, as amended, are repeated herein so as to incorporate only changes in the names of agencies, divisions or departments, except so far as such change in name conflicts with another enactment or a portion of another enactment, or.

"(2) where provisions of the Code of Laws of 1976, as amended, are repeated herein so as to incorporate only changes in the governance or structure of an agency, division or department except so far as such governance or structure is in conflict with another enactment or some portion of another enactment."

2005 Act No. 153, Pt II, Section 3.C, provides as follows:

"Notwithstanding the provisions of Section 9-1-2210(E) of the 1976 Code, as amended by this part, the provisions of Section 8-17-370(17) of the 1976 Code, as added by subsection B. of this section, apply for persons becoming TERI program participants after the ratification date of this act."

Effect of Amendment

The first 1993 amendment, in paragraph (4), added "and all employees of the Commission on Prosecution Coordination"; added paragraph (11) concerning athletic personnel; and made grammatical changes.

The second 1993 amendment, in paragraph (9), substituted "Division of Public Railways of the Department of Commerce" for "Public Railways Commission".

The 1994 amendment in paragraph (4) added ", and the judges, officers, and employees of the Administrative Law Judge Division".

The 1996 amendment revised paragraphs (4) and (7) through (10), added paragraphs (12) and (13) and made nonsubstantive changes.

The 2000 amendment added paragraph (14).

The first 2002 amendment, in subsections (10) and (11), inserted "four-year post-secondary" and deleted the "technical education colleges and centers" exception; and added subsection (15) concerning technical college presidents.

The second 2002 amendment added subsection (16).

The 2005 amendments, in item (16), added "or a retired member of the South Carolina Retirement System"; and added items (17) and (18).

The 2008 amendment added item (19) relating to employees of the Lieutenant Governor effective July 1, 2009.

The 2010 amendment added subsection (20), relating to directors of the Department of Employment and Workforce.