South Carolina Administrative Code

19-775.19. Oath or Affirmation of Witnesses. The testimony of witnesses shall be under oath or affirmation.

19-775.20. Presence of Witnesses in Hearing Room. Witnesses other than representatives that will be witnesses shall be sequestered and shall not be in the hearing room except for preliminary comments, the Committee’s opening statement, and that witness’ testimony in a public hear…

19-775.21. Cross-examination of Witnesses. Witnesses may be cross-examined.

19-775.22. Depositions. The testimony of a witness who cannot appear in person may be submitted in the form of a deposition de bene esse.

19-775.23. Recordation of Votes by Committee Members. The vote of each member of the Committee on the merits of the grievance shall be recorded. Any member agreeing with the majority decision but differing with the rationale may prepare a concurring decision. Any member voting in…

19-775.24. Decision of Committee. The final decision of the State Employee Grievance Committee as it relates to an appeal shall include the (1) findings of fact, (2) statements of policy and conclusions of law, and (3) the Committee’s decision.

19-775.25. Assistance by Committee Attorney. Upon the Chairman’s request, the Committee Attorney may assist the Committee in the preparation of its findings of fact and conclusions of law. The Committee Attorney may be present during the Committee’s deliberations on its decision …

19-775.26. Committee Decision on Appeal. The Committee shall render its decision on the appeal within twenty calendar days of the conclusion of the hearing.

19-775.27. Transmittal of Decision; Finality. The decision of the Committee members shall be transmitted in writing to the employee and the employing agency and shall be final in terms of administrative review.

19-775.28. Delivery of Notices. All notices prescribed by the Grievance Act and these rules shall be by first class mail or interagency mail unless hand-delivered. All notices and correspondence pertaining to a grievance appeal shall be sent to the appellant’s and the agency’s de…

19-775.29. Confidentiality of Records. The official record on each case and all related correspondence and memoranda shall be maintained in a confidential file by the Budget and Control Board and the State Employee Grievance Committee.

19-775.30. Disqualification of Committee Members. Whenever a grievance before the Committee is initiated by or involves an employee of an agency of which a Committee member also is an employee, such member shall be disqualified from participating in the hearing.

19-775.31. Election of Chairman and Secretary of Committee. A chairman and a secretary shall be elected from the membership of the Committee each year after approval of membership of new members by the Budget and Control Board. A meeting for election of officers shall be held as …

19-775.32. Presiding Officer. The Chairman may designate some other member of the Committee to serve as the presiding officer at a particular hearing in his absence.

19-775.33. Date and Time of Hearing; Postponement. Grievance hearings will be conducted on the date and at the time scheduled unless the Committee, acting collectively or through its Chairman or designee, grants a postponement based upon extenuat- ing circumstances such as illnes…

19-775.34. Promulgation of Regulations. The Committee and the Director of the Office of Human Resources may recommend to the Budget and Control Board that it promulgate these and other regulations as may be necessary to carry out the provisions of the State Employee Grievance Pro…

19-800. Definitions. Hospitals: is as defined in South Carolina State Certification of Need and Health Facility Licensure Act, Section 44-7-130. Calendar quarter: is defined as any one of the following: January through March, April through June, July through September, and Octobe…

19-801. Financial and Utilization Data (Annual). A. All required items shall be reported to the Office of Research and Statistics, South Carolina Budget and Control Board, for the period October first through September thirtieth by March first of the following year. B. The format…

19-810. Medical Record Extract Information. A. The data elements will be specified by the Data Oversight Council through Principles and Protocol for the Release of Health Care Data. The Principles and Protocol for the Release of Health Care Data shall allow for review and input b…

19-820. Penalties for Failure to Meet Requirements. A. Pursuant to South Carolina Code Section 44-6-170G, the Office may assess a civil fine for failure to comply with these regulations. B. Failure to provide one record for each discharge (including newborns) according to R.19.81…

19-900. Definitions. The following words and phrases as used in this chapter, unless a different meaning is plainly required by the context, shall have the following meanings: (1) ‘‘Elective or appointive officers’’ shall mean those elected or appointed to office where the term o…

19-901. Membership in the System. A. School Bus Drivers. School bus drivers who are awarded contracts on the lowest or most responsible bid and are paid on a mileage basis are not eligible for membership in the Retirement System. When they are paid salaries by County or School Di…

19-903. Records of Members Confidential. All records of members, active and inactive, maintained by the South Carolina Retirement System are classified as confidential and shall not be disclosed to third parties, except State and Federal authorities and then only at the discretio…

19-905. Creditable Service. A. Prior Service. (1) Employees paid compensation by officials under the fee system shall be ineligible for prior service credits. (2) Prior service shall be granted for teaching in orphanage schools of the State provided the school was approved for St…

19-908. Administrative Service Fee. Effective July 1, 1981, the Retirement Systems are authorized by the Budget and Control Board to charge members a fee of $30 to establish other creditable retirement service. The fee is to defray part of the costs involved in verifying, documen…

19-910. Termination Pay. When the end of the fiscal year for pay purposes for weekly and bi-weekly paid employees does not coincide with the end of the fiscal year and a member wishes to retire July 1: (1) Termination pay shall be based on rate of pay at end of pay period year. (…

19-912. Change of Option. Retirees cannot be granted privilege of changing option after benefit payments are begun.

19-915. Cost of Living Increases. A. On March 26, 1974, the Board approved three lifetime cost of living increases of four percent per annum commencing July 1, 1975. B. On November 23, 1979, the Board approved a cost of living increase of 4% for retired State employees to be effe…

19-917. No Designated Beneficiary. If a member dies without designating a beneficiary or in case the first named beneficiary dies prior to the member, the amount that would have been paid to the beneficiary shall be paid to the estate of the deceased member.

19-918. Pro rata Benefits Paid at Death. If a retiree dies between the dates benefit payments are due, the estate of the retiree shall receive on a pro rata basis any unpaid portion of the monthly benefits.

19-925. Interest Rate. Interest shall be credited to the account of each member once each year as of June 30, on the basis of the balance in the account of each member as of the previous June 30. Upon the death, retirement, or termination of a member, interest shall be figured to…

19-926. Liquidation of Unfunded Accrued Liability Limited to 35 Years. The Board authorized the actuary to redetermine the accrued liability effective July 1, 1972 so as to accomplish the liquidation of the unfunded accrued liability over a period of not more than 35 years.

19-927. Unisex Option Factors Adopted. Effective January 1, 1982, Unisex Option Factors shall be used in actuarially determining retirement benefits.

19-929. Group Life Insurance Plan. A. Establishment of Group Life Insurance Plan. The Group Life Insurance Plan for members of the South Carolina Retirement System, hereinafter referred to as the ‘‘Plan’’, is hereby established and created, for the purpose of providing group life…

19-933. Records of Members Confidential. All records of members, active and inactive, maintained by the Police Officers’ Retirement System are classified as confidential and shall not be disclosed to third parties, except State and Federal authorities and then only at the discret…

19-935. Creditable Service. A. Workmen’s Compensation. Members of the Police Officers’ Retirement System drawing Workmen’s Compensation on leave of absence may voluntarily contribute during leave of absence, based on contractual salary and their employer will match. B. Sick Leave…

19-938. Administrative Service Fee. Effective July 1, 1981, the Retirement Systems are authorized by the Budget and Control Board to charge members a fee of $30 to establish other creditable retirement service. The fee is to defray part of the costs involved in verifying, documen…

19-940. Termination Pay. When the end of the fiscal year for pay purposes for weekly and bi-weekly paid employees does not coincide with the end of the fiscal year and a member wishes to retire July 1: (1) Termination pay shall be based on rate of pay at end of pay period year. (…

19-942. Change of Option. Retirees cannot be granted privilege of changing option after benefit payments are begun.

19-947. No Designated Beneficiary. If a member dies without designating a beneficiary or in case the first named beneficiary dies prior to the member, the amount that would have been paid to the beneficiary shall be paid to the estate of the deceased member.

19-948. Pro rata Benefits Paid at Death. If a retiree dies between the dates benefit payments are due, the estate of the retiree shall receive on a pro rata basis any unpaid portion of the monthly benefits.

19-955. Interest Rate. Interest shall be credited to the account of each member once each year as of June 30, on the basis of the balance in the account of each member as of the previous June 30. Upon the death, retirement, or termination of a member, interest shall be figured to…

19-956. Liquidation of Unfunded Accrued Liability Limited to 35 Years. The Board authorized the actuary to redetermine the accrued liability effective July 1, 1972 so as to accomplish the liquidation of the unfunded accrued liability over a period of not more than 35 years.

19-957. Unisex Option Factors Adopted. Effective January 1, 1982, Unisex Option Factors shall be used in actuarially determining retirement benefits.

19-959. Group Life Insurance Plan. A. Establishment of Group Life Insurance Plan. The Group Life Insurance Plan for members of the South Carolina Police Officers’ Retirement System, hereinafter referred to as the ‘‘Plan’’, is hereby established and created, for the purpose of pro…

19-961. Membership in the System. The Board acted 4-5-79 to adopt the Attorney General’s opinion that former members of the General Assembly may return to covered employment and still remain special contributing members of the Retirement System for Members of General Assembly.

19-963. Records of Members Confidential. All records of members, active and inactive, maintained by the South Carolina Retirement System for Members of General Assembly are classified as confidential and shall not be disclosed to third parties, except State and Federal authoritie…