As used in this chapter:

1. (1) "Administrative Law Court" means the Administrative Law Court created pursuant to Section 1-23-500.
2. (2) "Board" means the Board of Directors of the South Carolina Public Employee Benefit Authority.
3. (3) "Claimant" means a member or a member's designated beneficiary who has filed a claim pursuant to this chapter.
4. (4) "Director" means the Director of the South Carolina Retirement System, the South Carolina Police Officers System, the Retirement System for Members of the General Assembly, the Retirement System for Judges and Solicitors, and the National Guard Retirement System.

5. (5) "Exhaustion of agency remedy" means that the member has:

   1. (a) filed a timely claim pursuant to Section 9-21-50 containing the information required pursuant to that section;
   2. (b) participated in the agency claims procedure established by the board; and
   3. (c) obtained a final retirement system decision.
6. (6) "Member" means a participant in the South Carolina Retirement System, the South Carolina Police Officers System, the Retirement System for Members of the General Assembly, the Retirement System for Judges and Solicitors, the State Optional Retirement Program, the National Guard Retirement System, or a person claiming the status and entitlements of a "member".
7. (7) "Member's designated beneficiary" or " beneficiary" means a person designated by a participant in the South Carolina Retirement System, the South Carolina Police Officers System, the Retirement System for Members of the General Assembly, the Retirement System for Judges and Solicitors, or the State Optional Retirement Program, to receive a benefit from the retirement systems or a person claiming the status and entitlements of a "member's designated beneficiary".
8. (8) "South Carolina Retirement Systems" or " retirement systems" means the division of the board administering the South Carolina Retirement System, the South Carolina Police Officers System, the Retirement System for Members of the General Assembly, the Retirement System for Judges and Solicitors, the State Optional Retirement Program, or the National Guard Retirement System.

HISTORY: 2003 Act No. 12, Section 1, eff July 1, 2003; 2005 Act No. 155, Section 3, eff January 1, 2006; 2012 Act No. 278, Pt IV, Subpt 2, Section 60, eff July 1, 2012.

Code Commissioner's Note

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".

Editor's Note

2003 Act No. 12, Section 4, provides as follows:

"This act takes effect on the later of July 1, 2003, or the effective date of procedures adopted by the State Budget and Control Board pursuant to the requirements of Chapter 21, Title 9 of the 1976 Code as added by this act and applies for disputes arising on or after that date."

Effect of Amendment

The 2005 amendment, in items (4), (6), (7) and (8), added the references to the State Optional Retirement Program and the National Guard Retirement System.

The 2012 amendment substituted "Board of Directors of the South Carolina Public Employee Benefit Authority" for "State Budget and Control Board" in subsection (2).