1. (1) The credited service of a member shall include all service as a member of the General Assembly 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

   1. (a) became such on the date of establishment and
   2. (b) remained a member of the System continuously thereafter until his death or his retirement under the System, service which he was, or would be, entitled to claim as creditable service under the South Carolina Retirement System, notwithstanding that he may not have been a member of the South Carolina Retirement System; provided, that within six months of the date he becomes a member of the System, he shall have caused the full amount of his contributions required to be made under the South Carolina Retirement System in respect of such service to be paid to this System by transfer or otherwise.

2. (2) Notwithstanding any other provision of law, any member of the Retirement System for members of the General Assembly who has rendered service which would have been creditable under a correlated system may establish the service with this System, provided payment is made to the System on the same basis as members of the General Assembly contributed for the same period of time plus interest.

   A former member of the General Assembly who is a member of the South Carolina Retirement System may transfer credit from the Retirement System for members of the General Assembly to the South Carolina Retirement System upon payment of an amount equal to four percent of his current salary or the average of his salary in the three highest consecutive years, whichever is greater, for each year of service credited.

3. (3) 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 of the System not entitled to credit for previous service.
4. (4) A member of the General Assembly may establish service credit in the system for the same types of service, at the same cost, and under the same conditions, as members of the South Carolina Retirement System may establish service in the South Carolina Retirement System pursuant to Section 9-1-1140.

HISTORY: 1962 Code Section 61-275; 1966 (54) 2081; 1967 (55) 252; 1972 (57) 2207; 1978 Act No. 644 Part II Section 27; 1983 Act No. 151 Part II Section 21B; 1990 Act No. 412, Section 7(A), eff April 11, 1990; 1998 Act No; 439, Section 2, eff June 16, 1998; 2000 Act No. 387, Part II, Section 32A, eff January 1, 2001.

Editor's Note

1990 Act No. 412, Section 7(B), provides as follows:

"(B) The amendment to Section 9-9-50(2) of the 1976 Code in subsection (A) of this section is effective upon approval by the Governor."

1998 Act No. 439, Section 4, provides as follows:

"This act takes effect upon approval by the Governor and applies with respect to military service established in the state retirement systems on or after that date."

Effect of Amendment

The 1990 amendment added a second paragraph, relating to transfer of credit in subsection (2).

The 1998 amendment, in subsection (4), substituted "one year" for "two years" and made other nonsubstantive changes in the first three sentences and added the fourth and fifth sentences relating to military service in the national guard and prohibition on duplication of benefits.

The 2000 amendment rewrote subsection (4) to delete credited service provisions specific to members of the General Assembly.