2017 South Carolina Code of Laws
Title 9 - Retirement Systems
CHAPTER 1 - SOUTH CAROLINA RETIREMENT SYSTEM
Section 9-1-1790. Amount which may be earned upon return to covered employment.

(A)(1) A retired member of the system who has been retired for at least thirty consecutive calendar days may be hired and return to employment covered by this system or any other system provided in this title and earn up to ten thousand dollars without affecting the monthly retirement allowance the member is receiving from the system. If the retired member continues in service after earning ten thousand dollars in a calendar year, the member's allowance must be discontinued during his period of service in the remainder of the calendar year. If the employment continues for at least forty-eight consecutive months, the provisions of Section 9-1-1590 apply. If a retired member of the system returns to employment covered by this system or any other system provided in this title sooner than thirty days after retirement, the member's retirement allowance is suspended while the member remains employed by the participating employer. If an employer fails to notify the system of the engagement of a retired member to perform services, the employer shall reimburse the system for all benefits wrongly paid to the retired member.

(2) The earnings limitation imposed pursuant to this item does not apply if the member meets at least one of the following qualifications:

(a) the member retired before January 2, 2013;

(b) the member has attained the age of sixty-two years at retirement; or

(c) compensation received by the retired member from the covered employer is for service in a public office filled by the appointment of the Governor and with confirmation by the Senate, by appointment or election by the General Assembly, or by election of the qualified electors of the applicable jurisdiction.

(B) An employer shall pay to the system the employer contribution for active members prescribed by law with respect to any retired member engaged to perform services for the employer, regardless of whether the retired member is a full-time or part-time employee or a temporary or permanent employee. If an employer who is obligated to the system pursuant to this subsection fails to pay the amount due, as determined by the system, the amount must be deducted from any funds payable to the employer by the State.

(C) A retired member shall pay to the system the employee contribution as if the member were an active contributing member if an employer participating in the system employs the retired member. The retired member does not accrue additional service credit in the system by reason of the contributions required pursuant to this subsection and subsection (B) of this section.

(D) A retired member of the South Carolina Retirement System who is not a member of the Police Officers Retirement System, but is employed in a position that would otherwise be covered by the Police Officers Retirement System, shall not join the Police Officers Retirement System but, notwithstanding any other provision of law, that member is deemed a retired contributing member of the South Carolina Retirement System and shall remit the employee contributions required under subsection (C) of this section to the South Carolina Retirement System and the employer shall remit to the South Carolina Retirement System the employer contribution required by subsection (B). An employer who hires a retiree of the South Carolina Retirement System pursuant to this subsection shall elect to participate as an employer in the South Carolina Retirement System.

HISTORY: 1962 Code Section 61-126; 1969 (56) 272; 1973 (58) 167; 1974 (58) 2066; 1975 (59) 49; 1977 Act No. 43 Section 1; 1978 Act No. 428 Section 1; 1979 Act No. 199 Part II Section 24A; 1980 Act No. 517 Part II, Section 19A; 1981 Act No. 178 Part II Section 33; 1982 Act No. 466 Part II Section 41A; 1983 Act No. 151 Part II Section 50A; 1984 Act No. 512, Part II, Section 50A; 1985 Act No. 201, Part II, Section 42A; 1986 Act No. 540, Part II, Section 43A, effective June 18, 1986, and became law without the Governor's signature; 1987 Act No. 170, Part II, Section 38A, eff June 22, 1987 (became law without Governor's signature); 1988 Act No. 658, Part II, Section 40A, eff June 8, 1988; 1989 Act No. 189, Part II, Section 50A, eff June 8, 1989 (became law without the Governor's signature); 1999 Act No. 100, Part II, Section 27, eff July 1, 1999; 2001 Act No. 25, Section 1, eff July 1, 2001; 2005 Act No. 153, Pt II, Section 7, eff July 1, 2005; 2012 Act No. 278, Pt I, Section 14.A, eff January 2, 2013.

Editor's Note

1990 Act No. 612, Part I, paragraphs 129.55 and 129.56 increased earnings limitations from $9,500 to $10,000.

1999 Act No. 100, Part II, Section 27A, provides as follows:

"The General Assembly finds that:

"(1) educational improvement is the primary issue in this State and that teaching experience is one of the keys to educational improvement;

"(2) South Carolina is faced with a teacher shortage;

"(3) incentives, and funding for these incentives, for rewarding and retaining experienced teachers are vital to maintaining a professional teaching corps;

"(4) other areas within state and local government also can benefit from the retention of experienced professional employees."

Effect of Amendment

The 1986 amendment substituted "eight thousand dollars" for "seven thousand five hundred dollars".

The 1987 amendment permits a retired member of the System to earn "eight thousand five hundred dollars" rather than "eight thousand dollars" before benefits are affected.

The 1988 amendment increased the amount which can be earned upon return to covered employment from eight thousand five hundred to nine thousand dollars.

The 1989 amendment increased the amount a retired member who returns to covered employment may earn without affecting his benefits from $9,000 to $9,500.

The 1999 amendment designated the existing text as subsection (A), in subsection (A), substituted "twenty-five thousand dollars" for "nine thousand five hundred dollars" and added the last sentence relating to notification; and added subsection (B).

The 2001 amendment, in subsection (A), inserted "who has been retired for at least sixty days" in the first sentence, changed "twenty-five thousand dollars" to "fifty thousand dollars" in two places, deleted an exclusion for mandatory retirees pursuant to Section 9-1-1530, and inserted the penultimate sentence relating to those who return to employment sooner than sixty days after retirement.

The 2005 amendment rewrote subsection (A), deleting the second sentence requiring discontinuance of the allowance upon earning fifty thousand dollars; and added subsections (C) and (D).

The 2012 amendment rewrote subsection (A).