2003-2004 Bill 855: Retirement Systems Overpayments,Recoupment Maximums - South Carolina

1 South Carolina General Assembly 2 115th Session, 2003-2004 3 4 S. 855 5 6 STATUS INFORMATION 7 8 General Bill 9 Sponsors: Senators Knotts, Cromer, Verdin, Richardson, Giese, Leatherman, Peeler, Branton, Ravenel, 10 Glover, Kuhn, Waldrep, Mescher and McConnell 11 Document Path: l:\council\bills\bbm\10015htc04.doc 12 Companion/Similar bill(s): 913, 4757 13 14 Introduced in the Senate on January 22, 2004 15 Introduced in the House on June 2, 2004 16 Last Amended on May 27, 2004 17 Currently residing in the House Committee on Ways and Means 18 19 Summary: Retirement systems overpayments,recoupment maximums 20 21 22 HISTORY OF LEGISLATIVE ACTIONS 23 24 Date Body Action Description with journal page number 25 1/22/2004 Senate Introduced and read first time SJ-12 26 1/22/2004 Senate Referred to Committee on Finance SJ-12 27 5/26/2004 Senate Committee report: Favorable with amendment Finance SJ-12 28 5/27/2004 Scrivener's error corrected 29 5/27/2004 Senate Amended SJ-215 30 5/27/2004 Senate Read second time SJ-215 31 5/27/2004 Senate Ordered to third reading with notice of amendments SJ-215 32 6/1/2004 Senate Read third time and sent to House SJ-54 33 6/2/2004 House Introduced and read first time HJ-3 34 6/2/2004 House Referred to Committee on Ways and Means HJ-3 35 36 37 VERSIONS OF THIS BILL 38 39 1/22/2004 40 5/26/2004 41 5/27/2004 42 5/27/2004-A 43 1 COMMITTEE AMENDMENT ADOPTED 2 May 27, 2004 3 4 S. 855 5 6 Introduced by Senators Knotts, Cromer, McConnell Verdin, 7 Richardson, Giese, Leatherman, Peeler, Branton, Ravenel, Glover, 8 Kuhn, Waldrep and Mescher 9 10 S. Printed 5/27/04--S. 11 Read the first time January 22, 2004. 12 13

1 [855-1] 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 12 1976, BY ADDING SECTIONS 9-1-1675 AND 9-11-165 SO AS 13 TO PROVIDE THAT NO MORE THAN THIRTY-SIX 14 MONTHS OF OVERPAYMENTS MAY BE RECOUPED FROM 15 THE RETIREMENT BENEFITS OF RETIREES UNDER THE 16 SOUTH CAROLINA RETIREMENT SYSTEM AND THE 17 SOUTH CAROLINA POLICE OFFICERS RETIREMENT 18 SYSTEM WHO RECEIVED OVERPAYMENTS THROUGH NO 19 FRAUDULENT ACT OF THE RETIREE. 20 Amend Title To Conform 21 22 Be it enacted by the General Assembly of the State of South 23 Carolina: 24 25 SECTION 1. Article 13, Chapter 1, Title 9 of the 1976 Code is 26 amended by adding: 27 28 “Section 9-1-1675. If a retired member receives overpayment of 29 retirement benefits through no fraudulent act or misrepresentation 30 of the member, the system may not recoup from the retiree’s 31 benefit more than the total of overpayments received by the 32 member in the thirty-six months preceding the date the system 33 provides notice in writing to the member of the overpayment. 34 Benefits received by members under the previously existing Social 35 Security Advance Option do not constitute overpayments under 36 this section. Therefore, these benefits are exempt from this 37 provision. The Social Security Advance Option includes cost of 38 living and other special increases applied to the amount of the 39 advance or reduction in allowance under Section 9-1-1620.” 40 41 SECTION 2. Article 1, Chapter 11, Title 9 of the 1976 Code is 42 amended by adding:

1 [855] 1 1 2 “Section 9-11-165. If a retired member receives overpayment of 3 retirement benefits through no fraudulent act or misrepresentation 4 of the member, the system may not recoup from the retiree’s 5 benefit more than the total of overpayments received by the 6 member in the thirty-six months preceding the date the system 7 provides notice in writing to the member of the overpayment. 8 Benefits received by members under the previously existing Social 9 Security Advance Option do not constitute overpayments under 10 this section. Therefore, these benefits are exempt from this 11 provision. The Social Security Advance Option includes cost of 12 living and other special increases applied to the amount of the 13 advance or reduction in allowance under Section 9-11-150.” 14 15 SECTION 3. This act takes effect upon approval by the 16 Governor. 17 ----XX---- 18

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