Section 9-9-40 - Membership in system; cessation of membership; election to continue as special member; continuation of membership in correlated system(1) All persons who are members of the General Assembly on the date of establishment of the System shall become members of the System as of such date, except that, within six months from such date, any such person may irrevocably elect not to be a member of the System. All other persons shall become members of the System on their taking office as members of the General Assembly.(2) If a member of the System, before he has attained age sixty, ceases to be a member of the General Assembly for reasons other than death, he ceases to be a member of the System; but if he has completed eight or more years of credited service, he may elect, by irrevocable written election filed with the system within six months from the cessation of his membership in the General Assembly, to continue his membership in the System and to have his contributions retained in the System and to be either: (i) A noncontributing special member of the System, not entitled to any additional credited service, or(ii) A contributing special member of the System, who must contribute, by direct remittance to the System not later than June thirtieth in each year prior to the year in which he attains age sixty, in the same amount as if he had remained a member of the General Assembly, and who is entitled to credited service for each year. If in any year he fails to make a contribution, he is considered to have made an irrevocable election to become a noncontributing special member as set forth in (i) above. Service credit earned as Governor and Lieutenant Governor counts toward the eight years' service credit requirement referred to above.
(3) As used in this item "correlated system" shall mean one or more of the following: (a) South Carolina Retirement System;(b) South Carolina Police Officers Retirement System;(c) Retirement System for members of the General Assembly of the State of South Carolina. If a member of a correlated system ceases to occupy a position covered under the system and if, within the protective period and under the conditions set forth in the correlated system for continuation of membership therein, he accepts a position covered by another correlated system, he shall notify the director of each system of the employment, and his membership in the first system is continued so long as his membership in the other system continues. Service credited to the members under the provisions of the first system is considered service credits for the purpose of determining eligibility for benefits, but not the benefit amount, under the other system. A benefit under any one of the correlated systems must be computed solely on the basis of service and contributions credited under that system and is payable at the times and subject to the age and service conditions set forth. A member is not eligible to receive retirement payments so long as he is employed in a position covered by the South Carolina Retirement System or the South Carolina Police Officers Retirement System. Notwithstanding the provisions of this paragraph, a member of the Retirement System for Members of the General Assembly who is (1) at least sixty-two years of age, (2) not currently serving in the General Assembly, and (3) eligible to receive retirement benefits from the General Assembly system but for the member's current employment covered by a correlated system may elect to receive retirement benefits from the General Assembly system.
(4) Should any member of the System in any period of five consecutive years after becoming a member be absent from service more than four years, withdraw his contributions or become a beneficiary or die, he shall thereupon cease to be a member.1999 Act No. 72, Section 2, eff 7/1/1999; 1994 Act No. 497, Section 61A, eff 7/1/1994; 1988 Act No. 658, Part II, Section 14, eff 6/8/1988; 1987 Act No. 170, Part II, Section 30, eff 6/22/1987 (became law without Governor's signature); 1983 Act No. 151 Part II Section 21A; 1981 Act No. 52; 1978 Act No. 644 Part II Section 27; 1969 (56) 703; 1967 (55) 252; 1966 (54) 2081; 1962 Code Section 61-274.