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H 4300

Retirement System for Judges and Solicitors

2025-2026 Regular Session Introduced by Bruce Bannister and 5 co-sponsors

Raises judges' mandatory retirement age to 74 and reduces vesting to 8 years; lets retirees continue serving with ongoing contributions but no extra service credit.

Roll call Ayes-36 Nays-3
0
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Bill Summary · H 4300

Summary — H 4300: Amendments to the Retirement System for Judges and Solicitors

Main purpose

This bill amends the South Carolina Retirement System for Judges and Solicitors to (1) reduce the years of earned service required for a judge to be vested in the system and (2) raise the statutory retirement age for judges who must retire from 72 to 74. It also makes conforming changes to provisions that allow retired judges, solicitors, or circuit public defenders to remain in office and continue receiving retirement benefits while serving.

Key provisions

  • Vesting (Section 9-8-50(E))

    • Changes vesting for judges from 10 years of earned service to 8 years.
    • Solicitors and circuit public defenders remain vested after 8 years.

  • Retirement age and eligibility (Section 9-8-60(1))

    • Changes the age reference for mandatory/latest retirement action from “age seventy-two” to “age seventy-four.”
    • The statutory retirement eligibility references that previously required “ten” years of earned service for judges are adjusted to “eight” years where applied.

  • Continued service after retirement (Section 9-8-60(7))

    • Updates multiple subsections allowing members who retire and continue to serve to extend service until the end of the calendar year in which they attain age 74 (previously 72).
    • Confirms that employee and employer contributions must continue while a retired member continues to serve, but no additional service credit accrues during that continued service.
    • Retains existing deferral rules for members under age 60 who retire but continue to serve: retirement benefits are deferred and placed in the system’s trust fund and distributed when the member reaches age 60 (no interest paid on the deferred monthly retirement benefit).

  • Transitional provision (Section 3)

    • Any judge who attains age 72 in 2025 and whose seat has been screened and a successor elected may elect to remain active and continue to accrue earned service while serving full time; however, once that judge reaches 8 years of earned service in the system, no further service credit may be earned.

Who is affected

  • Directly: active and prospective judges, solicitors, and circuit public defenders covered by the Retirement System for Judges and Solicitors.
  • Indirectly: the retirement system’s actuaries, state/local budgets (employer contributions), and court staffing/succession planning.

Potential impact and considerations

  • Short-term: permitting later mandatory retirement (to age 74) may delay some retirements, affecting judicial vacancies and continuity.
  • Fiscal: extending active service while receiving retirement benefits and changing vesting rules can affect system liabilities and employer contribution requirements. Net fiscal effects depend on behavioral responses (whether members delay retirement) and actuarial assumptions.
  • Administrative: system administration must reflect changed vesting and retirement-age rules; continued-service accounting (no additional service credit but continued contributions) requires tracking.

Procedural status (as provided)

  • Introduced in spring 2025; House actions include unanimous consent for third reading and a roll-call passage (Yeas 113–0).
  • Sent to the Senate and referred to Committee on Finance/Judiciary in April–May 2025.
  • Senate concurrence reported July 24, 2025.
  • Hearing scheduled (per provided schedule) for 09/09/2025, 10:00 AM–1:00 PM in Gardner Auditorium.

Note: This summary is based on the bill text and actions supplied. Exact fiscal impacts would require actuarial analysis by the retirement system or an independent fiscal office.

Compiled from official sources — confirm details with the bill’s official record.

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