South Carolina S 107: Maximum Sales Tax

Bill Text

2025-2026 Bill 107 Text of Previous Version (Dec. 11, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 107

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING 
SECTIONS 9-1-1790 AND 9-11-90, RELATING TO THE AMOUNT OF COMPENSATION THAT MAY 
BE EARNED UPON RETURNING TO COVERED EMPLOYMENT UNDER THE SOUTH CAROLINA RETIREMENT 
SYSTEM AND THE POLICE OFFICERS RETIREMENT SYSTEM, RESPECTIVELY, SO AS TO CHANGE 
THE AMOUNT THAT MAY BE EARNED FROM TEN THOUSAND DOLLARS TO AN AMOUNT NOT TO 
EXCEED THE LOWER OF THE RETIREMENT EARNINGS TEST EXEMPT AMOUNTS FOR INDIVIDUALS 
BELOW NORMAL RETIREMENT AGE.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. Section 9-1-1790(A) of the S.C. Code is amended to 
read:

 (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 an amount described in item (3) 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 an amount described in item (3) 
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.

 (3) For purposes of this section, the 
earnings limitation is equal to the annual retirement earnings test exempt 
lower amount as set by the Social Security Administration, the amount of which 
for 2024 was $22,320. The retirement earnings test exempt lower amount is 
calculated by the Social Security Administration for individuals below 
federally defined normal retirement age, and who will not attain federally 
defined normal retirement age, within the current calendar year. Federally 
defined normal retirement age, as outlined in Title 20, Chapter 3, of the Code 
of Federal Regulations, is used for informational and computation purposes 
only. After the determination of the retirement earnings test exempt amounts is 
issued by the Social Security Administration for the applicable calendar year, 
the Public Employee Benefit Authority shall notify individuals subject to the 
earnings limitation imposed pursuant to this section, of the amount for the 
calendar year, and publish this notification in a conspicuous location on its 
website.

SECTION 2. Section 9-11-90(4)(a) of the S.C. Code is amended to 
read:

 (a)(i) 
Notwithstanding the provisions of subsections (1) and (2) of this section, 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 system provided in this title and may earn 
up to ten thousand dollars an amount described in 
subitem (iii) without affecting the monthly retirement allowance the 
member is receiving from this system. If the retired member continues in 
service after having earned ten thousand dollars an amount described in subitem (iii) in a calendar year, 
the member's retirement allowance must be discontinued during the member's 
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 9-11-90(3) apply. If a retired member of the system returns to 
employment covered by the South Carolina Police Officers Retirement System or 
any other system provided in this title sooner than thirty consecutive calendar 
days after retirement, the member's retirement allowance is su