S.C. Code Ann. § 9-8-50 – Credited service; cancellation of credited service upon cessation of membership; credit for military service; transfer of service credit to other systems

(1) The credited service of a member shall include all service as a judge or solicitor since he last became a member of the System and in respect of which he makes contributions to the System. It shall also include, in the case of a member of the System who remained a member continuously until his death or his retirement under the System, service which he was, or would be, entitled to claim as creditable service under any other retirement system of the State of South Carolina, notwithstanding that he may not have been a member of such retirement system if, within twelve months of the date he becomes a member of the System, the full amount of his contributions required to be made under the other system in respect of such service shall be paid to this System by transfer or otherwise. Such amount shall not be less than the amount that the member would have contributed with respect to his position had he been a member of this System for the same period of time, plus interest.
On or after July 1, 1980, the Board may determine the contributions required by this section but it shall not be less than four percent of the annual compensation of the position at the time of payment for each year of service.
(2) When membership in the System ceases for any reason other than death or retirement, the service previously credited to the member of the System shall be cancelled and, should he again become a member of the System, he shall enter the System as a new member not entitled to credit for previous service, unless he left his accumulated contributions in the System or repays any amounts previously withdrawn, with interest to the date of repayment.
(3) Any member with two or more years of credited service shall receive additional credited service for the period of his active military service, at the rate of one year of military service for each two years of his credited service excluding any period of credited military service, if he was discharged or separated from the military service under conditions other than dishonorable, and pays to the System, by a single payment prior to his retirement or death or by such other method as may be prescribed from time to time by the Board, all payments to the System he would have been required to make for the period to be credited had he been employed in the position he held immediately prior to the commencement of his military leave during the period of such military service, together with the regular interest which would have been credited thereon from the date the contributions would have been made to the date of payment. In the case of a member whose military service was rendered prior to his becoming a member of the System, such payments shall be determined on the basis of what a member in the position contributed for the same period of time plus interest. No member shall receive credit for more than six years of military service and such duty performed subsequent to July 1, 1974, shall not be creditable.
(4) Any member upon termination who does not qualify for a monthly benefit may elect to transfer his service credit to the South Carolina Retirement System or other applicable system. Upon such election, the director must transfer to the receiving system the required employee and employer contributions. A member is vested after twelve years of service in the position as judge or solicitor and if he terminates services and leaves his contributions on deposit with the System, he is eligible for a monthly benefit beginning at age fifty-five which is a pro-rata proportion his total credited service is to the benefit payable with twenty-four years of service credit.