South Carolina 2025-2026 Regular Session Status: Passed House

H 4576 — Special Purpose Districts Retirement

Last action — Referred to Committee on Finance

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill has passed the House. Introduced December 16, 2025. It now moves to the second chamber.

Next likely step: consideration and a floor vote in the Senate.

Prognosis

Advancing 48% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Passed House

    Current position in the legislative process.

  • 2 sponsors

    2 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 1 recorded vote so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 9-20-10, RELATING TO STATE OPTIONAL RETIREMENT PROGRAM DEFINITIONS, SO AS TO INCLUDE SPECIAL PURPOSE DISTRICTS IN THE DEFINITION OF "EMPLOYER."

Bill Text

What changed in the latest version

45 added · 305 removed

45 line(s) added, 305 removed.

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2025-2026 Bill 4576 Text of Previous Version (Apr.
2025-2026 Bill 4576 Text of Previous Version (Dec.
21, 2026) - South Carolina Legislature Online South Carolina General Assembly126th Session, 2025-2026Bill 4576Indicates Matter StrickenIndicates New Matter(Text matches printed bills.
17, 2025) - South Carolina Legislature Online South Carolina General Assembly126th Session, 2025-2026Bill 4576Indicates Matter StrickenIndicates New Matter(Text matches printed bills.
Document has been reformatted to meet World Wide Web specifications.) Indicates Matter Stricken Indicates New Matter   Committee Report April 21, 2026   H.
Document has been reformatted to meet World Wide Web specifications.)                 A bill   TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 9-20-10, RELATING TO STATE OPTIONAL RETIREMENT PROGRAM DEFINITIONS, SO AS TO INCLUDE SPECIAL PURPOSE DISTRICTS IN THE DEFINITION OF "EMPLOYER."   Be it enacted by the General Assembly of the State of South Carolina:
4576   Introduced by Reps.
Bannister and Clyburn   S.
Printed 4/21/26--H.
Read the first time January 13, 2026   ________   The committee on House Ways and Means To whom was referred a Bill (H.
4576) to amend the South Carolina Code of Laws by amending Section 9-20-10, relating to State Optional Retirement Program definitions, so as to include special purpose, etc., respectfully Report:
That they have duly and carefully considered the same, and recommend that the same do pass with amendment:
      Amend the bill, as and if amended, SECTION 1, by striking Section 9-20-10(1)(e) and inserting:
       (e) a special purpose district, as defined in Section 6-11-1610, that participates as an employer in the South Carolina Retirement System.
or commission of public works that has made an election to participate in the State Optional Retirement Program pursuant to Section 9-20-15.
Amend the bill further, SECTION 1, by striking Section 9-20-10(2)(f) and inserting:
       (f) an employee, hired after June 30, 2027, by an employer as defined in Section 9-20-10(1)(e).
an employee hired by an employer as defined in Section 9-20-10(1)(e) after the employer's effective date of participation in the State Optional Retirement Program pursuant to Section 9-20-15.
    However, an employee who exercises an option to not participate in the South Carolina Retirement System under Section 9-1-550 is not eligible to participate in the State Optional Retirement Program.
Amend the bill further, by adding appropriately numbered SECTIONS to read:
SECTION X.  Chapter 20, Title 9 of the S.C.
Code is amended by adding:
      Section 9-20-15.
A special purpose district, as defined in Section 6-11-1610, or a commission of public works, established pursuant to Article 3, Chapter 31 of Title 5, that participates as an employer in the South Carolina Retirement System, in its discretion, also may become a participating employer in the State Optional Retirement Program by applying to the board to participate in the program and by complying with the requirements and regulations of the board.
The application must be filed at least six months prior to the requested effective date of participation, which must be July 1, 2027, or any subsequent July first, next following receipt by the board of such application.
  SECTION X.  Section 9-1-1085 of the S.C.
Code is amended by adding:
      (E) In lieu of the deductions from compensation required by Sections 9-1-1020 and 9-1-1160, an employer may elect, no later than July first, to pick up all or a portion of the employee contributions required by this section for the following fiscal year without a reduction or offset from its employees' compensation.  Employee contributions picked up without such reduction or offset from the employee's compensation must be treated as employer contributions in determining federal tax treatment under Section 414(h)(2) of the United States Internal Revenue Code but must be credited as employee contributions for the purposes of the system.  An employer making the election provided by this subsection is considered to have taken formal action to provide that the contributions on behalf of its employees, although designated as employee contributions, must be paid by the employer in lieu of employee contributions.
The employer shall pay these employee contributions from the same source of funds which is used in paying earnings to the employee.  The employee, however, may not be given any option of choosing to receive the contributed amount of the pick ups directly instead of having them paid by the employer to the retirement system.  An employer's election to pick up contributions without a reduction or offset from its employees' compensation pursuant to this subsection may not be changed during the fiscal year but may be changed for future fiscal years.
  SECTION X.  Section 9-11-225 of the S.C.
Code is amended by adding:
      (E) In lieu of the deductions from compensation required by Section 9-11-210, an employer may elect, no later than July first, to pick up all or a portion of the employee contributions required by this section for the following fiscal year without a reduction or offset from its employees' compensation.  Employee contributions picked up without such reduction or offset from the employee's compensation must be treated as employer contributions in determining federal tax treatment under Section 414(h)(2) of the United States Internal Revenue Code but must be credited as employee contributions for the purposes of the system.  An employer making the election provided by this subsection is considered to have taken formal action to provide that the contributions on behalf of its employees, although designated as employee contributions, must be paid by the employer in lieu of employee contributions.
The employer shall pay these employee contributions from the same source of funds which is used in paying earnings to the employee.  The employee, however, may not be given any option of choosing to receive the contributed amount of the pick ups directly instead of having them paid by the employer to the retirement system.  An employer's election to pick up contributions without a reduction or offset from its employees' compensation pursuant to this subsection may not be changed during the fiscal year but may be changed for future fiscal years.
  SECTION X.  Section 9-1-10(8) of the S.C.
Code is amended by adding:
      (c) Employee contributions picked up by an employer pursuant to Section 9-1-1085(E) without a reduction or offset from the member's compensation are not earnable compensation for the purposes of the system.
  SECTION X.  Section 9-11-10(12) of the S.C.
Code is amended to read:
      (12) "Compensation" means the total remuneration paid to a police officer for service rendered to an employer for his full normal working time;  when compensation includes maintenance, fees and other things of value, the board shall fix the value of that part of the compensation not paid in money directly by the employer.
Employee contributions picked up by an employer pursuant to Section 9-11-225(E) without a reduction or offset from the member's compensation are not compensation for the purposes of the system.
  SECTION X.  Section 9-1-10(1) of the S.C.
Code is amended to read:
      (1) "Accumulated contribution" means the sum of all the amounts either deducted from the compensation of a member or paid by the employer in lieu of employee contributions pursuant to Section 9-1-1085(E) and credited to the members member's individual account in the employee annuity savings fund, together with regular interest on the account, as provided in Article 9 of this chapter.
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  SECTION X.  Section 9-11-10 (2) and (6) of the S.C.
Code is amended to read:
      (2) "Accumulated contributions" means the sum of all the amounts either deducted from the compensation of a member or paid by the employer in lieu of employee contributions pursuant to Section 9-11-225(E) and credited to the member's individual account in the employee annuity savings fund, together with regular interest on the account, as provided in this chapter.
    (6) "Aggregate contributions" means the sum of all the amounts either deducted from the compensation of a member or paid by the employer in lieu of employee contributions pursuant to Section 9-11-225(E) and credited to the member's individual account in the system, including any amounts transferred from another fund to the system as provided in Section 9-11-210(6).
  SECTION X.  Section 9-11-260(2) of the S.C.
Code is amended to read:
      (2) The members' account shall be the account in which shall be held the contributions deducted from the compensation of members and amounts paid by the employer in lieu of employee contributions pursuant to Section 9-11-225(E), together with the interest credited thereon.  Upon the retirement of a member, or upon the death of a member if an allowance is payable to his beneficiary pursuant to Section 9-11-130, the amount of his accumulated contributions shall be transferred to the accumulation account.
  SECTION X.  Section 9-1-1020, the fourth undesignated paragraph, of the S.C.
Code is amended to read:
      Section 9-1-1020.  Each department and political subdivisionemployer shall pick up the employee contributions required by this section for all compensation paid on or after July 1, 1982, and the contributions so picked up shall be treated as employer contributions in determining federal tax treatment under Section 414(h)(2) of the United States Internal Revenue Code.
For this purpose, each department and political subdivisionemployer is deemed to have taken formal action on or before January 1, 2009, to provide that the contributions on behalf of its employees, although designated as employer employee contributions, shall be paid by the employer in lieu of employee contributions.
The department and political subdivisionemployer shall pay these employee contributions from the same source of funds which is used in paying earnings to the employee.
The department and political subdivisionemployer may pick up these contributions by a reduction in the cash salary of the employee.
compensation of the employee or, if the employer makes an election authorized pursuant to Section 9-1-1085(E), it may pay the amount designated as an employee contribution without a reduction or offset from the employee's compensation.
  SECTION X.  Section 9-1-1160(B) of the S.C.
Code is amended to read:
      (B) Each department and political subdivisionemployer shall pick up the employee contributions required by this section for all compensation paid on or after July 1, 1982, and the contributions picked up must be treated as employer contributions in determining federal tax treatment under Section 414(h)(2) of the United States Internal Revenue Code.  Each department and political subdivision shall continue to withhold federal income taxes based upon these contributions until the Internal Revenue Service, or the federal courts, rule, pursuant to Section 414(h) of the United States Internal Revenue Code, that these contributions are not included as gross income of the employee until such time as they are distributed or made available.
For this purpose, each employer is considered to have taken formal action to provide that the contributions on behalf of its employees, although designated as employee contributions, must be paid by the employer in lieu of employee contributions.
The department and political subdivisionemployer shall pay these employee contributions from the same source of funds which is used in paying earnings to the employee.  The department and political subdivisionemployer may pick up these contributions by a reduction in the cash salarycompensation of the employee or, if the employer makes an election authorized pursuant to Section 9-1-1085(E), it may pay the amount designated as an employee contribution without a reduction or offset from the employee's compensation.  Employee contributions picked up must be treated administered for all purposes of this section in the same manner and to the extent as employee contributions made before the date picked up.
  SECTION X.  Section 9-11-210(11) of the S.C.
Code is amended to read:
      (11) Each department and political subdivisionemployer shall pick up the employee contributions required by this section for all compensation paid on or after July 1, 1982, and the contributions so picked up shall be treated as employer contributions in determining federal tax treatment under Section 414(h)(2) of the United States Internal Revenue Code.
For this purpose, each department and political subdivisionemployer is deemed to have taken formal action on or before January 1, 2009, to provide that the contributions on behalf of its employees, although designated as employer employee contributions, shall be paid by the employer in lieu of employee contributions.
The department and political subdivisionemployer shall pay these employee contributions from the same source of funds which is used in paying earnings to the employee.
The department and political subdivisionemployer may pick up these contributions by a reduction in the cash salarycompensation of the employee or, if the employer makes an election authorized pursuant to Section 9-11-225(E), it may pay the amount designated as an employee contribution without a reduction or offset from the employee's compensation.
The employee, however, must not be given the any option of choosing to receive the contributed amount of the pickups directly instead of having them paid by the employer to the retirement system.
Employee contributions picked up shall be treated administered for all purposes of this section in the same manner and to the extent as employee contributions made prior to the date picked up.
Renumber sections to conform.
Amend title to conform.
  B.W.
BANNISTER for Committee.
    statement of estimated fiscal impact Explanation of Fiscal Impact State Expenditure This bill as amended changes the definition of an employer for the state ORP to include SPDs or commissions of public works that have elected to participate in the ORP.
The bill specifies that SPDs or commissions of public works that participate in the SCRS may also become participating employers in the ORP by applying to the board of PEBA.
The application must be filed at least six months prior to the requested effective date of participation, which must be July 1, 2027, or any subsequent July first.
The bill further changes the definition of an employee eligible to participate in the ORP to include employees hired by SPDs or commissions of public works after the employer's effective date of participation in the ORP.
PEBA indicates that providing the ORP benefit to employees of SPDs or commissions of public works who have elected to participate in the program under the requirements of the bill will have a minimal effect on the retirement system.
The agency further notes that implementing the amended bill will be managed with existing resources.
Therefore, this bill as amended will have no impact on PEBA or the state retirement system.
  Local Expenditure This bill allows SPDs and commission of public works to participate in the OPR, if they are participants of the SCRS and meet the requirements of this bill.
This bill is not expected to have an impact on local SPDs or commissions of public works in the state, as the employer contribution rate for the ORP is the same as SCRS at 18.56 percent in FY 2025-26.
Further, the ORP benefit would only be available to current SCRS participant SPDs or commissions of public works that elect to participate in the ORP under the requirements of the bill.
    Frank A.
Rainwater, Executive Director Revenue and Fiscal Affairs Office   _______                 A bill   TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 9-20-10, RELATING TO STATE OPTIONAL RETIREMENT PROGRAM DEFINITIONS, SO AS TO INCLUDE SPECIAL PURPOSE DISTRICTS IN THE DEFINITION OF "EMPLOYER."   Be it enacted by the General Assembly of the State of South Carolina:
----XX---- This web page was last updated on April 21, 2026 at 07:12 PM
----XX---- This web page was last updated on December 17, 2025 at 12:51 PM
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Action History

  1. Referred to Committee on Finance

  2. Introduced and read first time

  3. Read third time and sent to Senate

  4. Unanimous consent for third reading on next legislative day

  5. Roll call Yeas-106 Nays-0

  6. Read second time

  7. Amended

  8. Committee report: Favorable with amendment Ways and Means

  9. Referred to Committee on Ways and Means

  10. Introduced and read first time

  11. Referred to Committee on Ways and Means

  12. Prefiled

Sponsors

Sponsorship breakdown

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2 sponsors · 0 co-sponsors · 168 not signed on

Sponsors (2)

Co-sponsors (0)

None.

Not signed on (168)

168 members have not signed on to this bill.

Show all 168 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passage of Bill

Passed 106 Yea · 0 Nay · 18 Other
Party YeaNayPresentNot Voting
Unaffiliated 1030017
Republican 2000
Democrat 1001
Total 1060018
% of votes cast 85%0%0%15%
How each member voted (124)
Member Party Vote
Brittain, T. Case, Jr. — Yea
Representative Luke S. Rankin — Yea
Henderson-Myers, Rosalyn D. — Yea
Johnson, Jeffrey E. — Yea
Johnson, Jermaine L., Sr. — Not Voting
Representative Adam L. Duncan — Not Voting
Representative Annie E. McDaniel — Not Voting
Representative April Cromer — Yea
Representative Beth E. Bernstein — Yea
Representative Bill Taylor — Yea
Representative Brandon Guffey — Not Voting
Representative Brandon L. Cox — Yea
Representative Brandon Newton — Yea
Representative Bruce W. Bannister — Yea
Representative Cally R. "Cal" Forrest, Jr. — Yea
Representative Carl L. Anderson — Yea
Representative Chandra E. Dillard — Yea
Representative Charles V. Hartz — Yea
Representative Chris Wooten — Yea
Representative Christopher R. "Chris" Hart — Yea
Representative Cody T. Mitchell — Yea
Representative Courtney S. Waters — Yea
Representative Craig A. Gagnon — Yea
Representative Daniel Gibson — Yea
Representative David Martin — Yea
Representative David R. Hiott — Yea
Representative David Vaughan — Yea
Representative Dennis C. Moss — Yea
Representative Dianne Mitchell — Not Voting
Representative Donald G. "Don" Chapman — Yea
Representative Donald Ryan McCabe, Jr. — Not Voting
Representative Elizabeth "Spencer" Wetmore — Yea
Representative Fawn M. Pedalino — Yea
Representative Gary S. Brewer, Jr. — Yea
Representative Gil Gatch — Not Voting
Representative Gilda Cobb-Hunter — Yea
Representative Greg Ford — Yea
Representative Hamilton R. Grant — Yea
Representative Harriet A. Holman — Yea
Representative Heath Sessions — Not Voting
Representative Heather Ammons Crawford — Yea
Representative Heather Bauer — Yea
Representative J. David Weeks — Not Voting
Representative J. Todd Rutherford — Yea
Representative JA Moore — Yea
Representative Jackie E. "Coach" Hayes — Yea
Representative Jackie R. Terribile — Yea
Representative James E. Teeple — Yea
Representative James Mikell "Mike" Burns — Yea
Representative Jeff Bradley — Yea
Representative Jerry N. Govan, Jr. — Yea
Representative John Gregory "Jay" Kilmartin — Yea
Representative John R. McCravy III — Yea
Representative John Richard C. King — Yea
Representative John T. Lastinger, Jr. — Yea
Representative Jordan S. Pace — Not Voting
Representative Joseph M. "Joe" Bustos — Yea
Representative Joseph S. "Joe" White — Yea
Representative Josiah Magnuson — Yea
Representative Justin T. Bamberg — Not Voting
Representative Kambrell H. Garvin — Not Voting
Representative Kathy Landing — Yea
Representative Keishan M. Scott — Yea
Representative Kevin Hardee — Yea
Representative Lee Hewitt — Yea
Representative Leon D. "Doug" Gilliam — Yea
Representative Leon Howard — Not Voting
Representative Leonidas E. "Leon" Stavrinakis — Yea
Representative Lonnie Hosey — Yea
Representative Lucas Atkinson — Yea
Representative M. Brian Lawson — Yea
Representative Mark N. Willis — Yea
Representative Melissa Lackey Oremus — Yea
Representative Micajah P. "Micah" Caskey IV — Yea
Representative Michael F. Rivers, Sr. — Yea
Representative Mike M. Neese — Yea
Representative Nathan Ballentine — Not Voting
Representative Neal A. Collins — Yea
Representative Patrick B. Haddon — Yea
Representative Paul B. Wickensimer — Yea
Representative Paula Rawl Calhoon — Yea
Representative Phillip Bowers — Yea
Representative Phillip D. Lowe — Yea
Representative Richard Blake Sanders — Yea
Representative Richard L. "Richie" Yow — Yea
Representative Robby Robbins — Yea
Representative Robert J. "Rob" Harris — Yea
Representative Robert Q. Williams — Yea
Representative Robert T. Reese — Yea
Representative Roger K. Kirby — Yea
Representative Sarita L. Edgerton — Yea
Representative Seth Rose — Yea
Representative Shannon S. Erickson — Yea
Representative Steven Wayne Long — Yea
Representative Sylleste H. Davis — Yea
Representative T. Alan Morgan, Jr. — Yea
Representative Terry Alexander — Yea
Representative Thomas Beach — Yea
Representative Thomas Duval "Val" Guest, Jr. — Yea
Representative Thomas E. "Tommy" Pope — Yea
Representative Thomas F. "Tom" Hartnett, Jr. — Yea
Representative Thomas Lee Gilreath — Yea
Representative Thomas R. "Randy" Ligon — Yea
Representative Timothy A. "Tim" McGinnis — Not Voting
Representative Travis A. Moore — Yea
Representative W. Scott Montgomery IV — Not Voting
Representative Wallace H. "Jay" Jordan, Jr. — Yea
Representative Wendell G. Gilliard — Yea
Representative Wendell K. Jones — Yea
Representative William "Bill" Clyburn — Yea
Representative William "Bill" Hager — Yea
Representative William C. "Chris" Huff — Yea
Representative William G. "Bill" Herbkersman — Yea
Representative William H. Bailey — Yea
Representative William M. "Bill" Chumley — Yea
Representative William M. "Bill" Hixon — Yea
Representative William R. "Bill" Whitmire — Not Voting
Representative Wm. Weston J. Newton — Yea
Smith, G. Murrell, Jr. — Yea
Smith, Marvin — Yea
Jason Luck Democrat Yea
Tiffany R. Spann-Wilder Democrat Not Voting
Carla M. Schuessler Republican Yea
Stephen D. Frank Republican Yea

Official roll call →

Subjects

finance labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does H 4576 do?
A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 9-20-10, RELATING TO STATE OPTIONAL RETIREMENT PROGRAM DEFINITIONS, SO AS TO INCLUDE SPECIAL PURPOSE DISTRICTS IN THE DEFINITION OF "EMPLOYER."
Who sponsors H 4576?
H 4576 is sponsored by Representative Bruce W. Bannister and Representative William "Bill" Clyburn.
What is the current status of H 4576?
This bill has passed the House. Introduced December 16, 2025. It now moves to the second chamber.
Where can I track H 4576?
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