Terms Used In South Carolina Code > Title 8 > Chapter 11 - State Officers and Employees

• Academic personnel: shall mean presidents, provosts, vice-presidents, deans, teaching and research staffs, and others of academic rank employed by the State educational institutions of higher learning, or medical institutions of education and research. See South Carolina Code 8-11-220
• Accumulated contributions: means the member's aggregate contributions, together with regular interest thereon. See South Carolina Code 9-8-10
• Accumulated contributions: shall mean the member's aggregate contributions, together with regular interest thereon. See South Carolina Code 9-9-10
• Active member: means an employee who is compensated by an employer participating in the system and who is making regular retirement contributions to the system. See South Carolina Code 9-1-10
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Agency: means an authority, board, branch, commission, committee, department, division, or other instrumentality of the executive department of state government, including administrative bodies and bodies corporate and politic established as an instrumentality of the State. See South Carolina Code 1-6-10
• Agency: shall mean any department, institution, commission, board or any other unit of government of the State. See South Carolina Code 8-11-220
• Agency head: shall mean the chief executive of a State agency in whom is vested final appointing authority for the agency. See South Carolina Code 8-11-220
• Aggregate contributions: means the sum of all the amounts deducted from the compensation of a member of the System, or directly remitted by him to the System, and credited to his individual account in the System. See South Carolina Code 9-8-10
• Aggregate contributions: shall mean the sum of all the amounts deducted from the compensation of a member of the System, or directly remitted by him to the System, and credited to his individual account in the System. See South Carolina Code 9-9-10
• Allegation: something that someone says happened.
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appointing authority: shall mean any person having power by law, or by lawfully delegated authority, to make an appointment of a person for employment to any position in the State service. See South Carolina Code 8-11-220
• Appraisal: A determination of property value.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Beneficiary: means any person in receipt of a retirement allowance or other benefit as provided by the System. See South Carolina Code 9-8-10
• Beneficiary: shall mean any person in receipt of a retirement allowance or other benefit as provided by the System. See South Carolina Code 9-9-10
• Board: means the Board of Directors of the South Carolina Public Employee Benefit Authority. See South Carolina Code 9-8-10
• Board: means the Board of Directors of the South Carolina Public Employee Benefit Authority. See South Carolina Code 9-9-10
• Board: means the Board of Directors of the South Carolina Public Employee Benefit Authority which shall act under the provisions of this chapter through its Division of Retirement Systems. See South Carolina Code 9-1-10
• Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
• Circuit public defender: means a person holding the office defined in § 17-3-5(4). See South Carolina Code 9-8-10
• Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
• Classified service: shall mean all of those positions in the State service which are subject to the classification policies and regulations as authorized by the provisions of this article. See South Carolina Code 8-11-220
• Compensation: means the total salary paid to a judge, solicitor, or circuit public defender for service rendered to the State. See South Carolina Code 9-8-10
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contingent beneficiary: Receiver of property or benefits if the first named beneficiary fails to receive any or all of the property or benefits in question before his (her) death.
• Contractor: means any person having a contract with a public employer except a political subdivision, where the total value of the contract to be performed in a twelve-month period exceeds twenty-five thousand dollars, or, if the public employer is a political subdivision, where the total value of the contract to be performed in a twelve-month period exceeds fifteen thousand dollars. See South Carolina Code 8-14-10
• Conviction: A judgement of guilt against a criminal defendant.
• Creditable service: means a member's earned service, prior service, and purchased service. See South Carolina Code 9-1-10
• Credited service: means service for which credit is allowable as provided in § 9-8-50. See South Carolina Code 9-8-10
• Credited service: shall mean service for which credit is allowable as provided in § 9-9-50. See South Carolina Code 9-9-10
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Date of establishment: means July 1, 1979. See South Carolina Code 9-8-10
• Date of establishment: shall mean January 1, 1966. See South Carolina Code 9-9-10
• Decedent: A deceased person.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Director: means the director of the Department of Administration. See South Carolina Code 8-14-10
• Division: means the Human Resource Management Division of the Department of Administration. See South Carolina Code 8-11-700
• Donor: The person who makes a gift.
• Earnable compensation: means forty times the daily rate of renumeration, plus twelve thousand dollars, of a member of the General Assembly, as from time to time in effect. See South Carolina Code 9-9-10
• Earnable compensation: means the full rate of the compensation that would be payable to a member if the member worked the member's 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. See South Carolina Code 9-1-10
• Earned service: means paid employment as a judge, solicitor, or circuit public defender where the judge, solicitor, or circuit public defender makes regular contributions to the system. See South Carolina Code 9-8-10
• Earned service: means :
  
  (a) paid employment as a teacher or employee of an employer participating in the system where the teacher or employee makes regular retirement contributions to the system; or
  
  (b) service rendered while participating in the State Optional Retirement Program, the Optional Retirement Program for Teachers and School Administrators, or the Optional Retirement Program for Publicly Supported Four Year and Postgraduate Institutions of Higher Education that has been purchased pursuant to § 9-1-1140(F); or
  
  (c) service earned as a participant in the system, the South Carolina Police Officers Retirement System, the Retirement System for Members of the General Assembly, or the Retirement System for Judges and Solicitors that is transferred to or purchased in the system. See South Carolina Code 9-1-10
• Educational service: means paid service as a classroom teacher in a public, private, or sectarian school providing elementary or secondary education, kindergarten through grade twelve. See South Carolina Code 9-1-10
• Employee: means :
  
  (a) to the extent compensated by this State, an employee, agent, or officer of the State or any of its departments, bureaus, and institutions, other than the public schools, whether the employee is elected, appointed, or employed;
  
  (b) the president, dean, professor, or teacher or any other person employed in any college, university, or educational institution of higher learning supported by and under the control of the State;
  
  (c) an employee, agent, or officer of a county, municipality, or school district, or an agency or department of any of these, which has been admitted to the system under the provisions of § 9-1-470, to the extent the employee, agent, or officer is compensated for services from public funds;
  
  (d) an employee of the extension service and any other employee a part of whose salary or wage is paid by the federal government if the federal funds from which the salary or wage is paid before disbursement become state funds;
  
  (e) an employee of a service organization, the membership of which is composed solely of persons eligible to be teachers or employees as defined by this section, if the compensation received by the employees of the service organization is provided from monies paid by the members as dues or otherwise, or from funds derived from public sources and if the employee contributions prescribed by this title are paid from the funds of the service organization;
  
  (f) an employee of an alcohol and drug abuse planning agency authorized to receive funds pursuant to § 61-12-20;
  
  (g) an employee of a local council on aging or other governmental agency providing aging services funded by the Department on Aging. See South Carolina Code 9-1-10
• Employee annuity: means annual payments for life derived from the accumulated contributions of a member. See South Carolina Code 9-1-10
• Employer: means this State, a county board of education, a district board of trustees, the board of trustees or other managing board of a state-supported college or educational institution, or any other agency of this State by which a teacher or employee is paid; the term "employer" also includes a county, municipality, or other political subdivision of the State, or an agency or department of any of these, which has been admitted to the system under the provisions of § 9-1-470, a service organization referred to in item (11)(e) of this section, an alcohol and drug abuse planning agency authorized to receive funds pursuant to § 61-12-20, and a local council on aging or other governmental agency providing aging services funded by the Department on Aging. See South Carolina Code 9-1-10
• Employer annuity: shall mean annual payments for life derived from money provided by the State. See South Carolina Code 9-9-10
• Employer annuity: means annual payments for life derived from money provided by the employer. See South Carolina Code 9-1-10
• Employing agency: means the agency in which the leave recipient is employed. See South Carolina Code 8-11-700
• End product: means movable personal property described in the solicitation and in final form and ready for the use intended including, without limitation, commodities or equipment. See South Carolina Code 8-14-10
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. ^{Source: OCC}
• Federal work authorization program: means the E-Verify Program maintained and operated by the United States Department of Homeland Security and the Social Security Administration, or any successor program. See South Carolina Code 8-14-10
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Joint resolution: A legislative measure which requires the approval of both chambers.
• Judge: means a justice of the Supreme Court or a judge of the court of appeals, circuit or family court of the State of South Carolina. See South Carolina Code 9-8-10
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Leave recipient: means an employee of an employing agency who has a personal emergency and is selected to receive annual or sick leave from the pool leave account of his employing agency. See South Carolina Code 8-11-700
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Member: means a teacher or employee included in the membership of the system as provided in Article 5 of this chapter. See South Carolina Code 9-1-10
• Member of the System: means any person included in the membership of the System, as set forth in § 9-8-40. See South Carolina Code 9-8-10
• Military service: means :
  
  (a) service in the United States Army, United States Navy, United States Marine Corps, United States Air Force, or United States Coast Guard;
  
  (b) service in the select reserve of the Army Reserve, Naval Reserve, Marine Corps Reserve, Air Force Reserve, or the Coast Guard Reserve, and
  
  (c) service as a member of the Army National Guard or Air National Guard of this or any other state. See South Carolina Code 9-1-10
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) ^{Source: OCC}
• Oath: A promise to tell the truth.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Oversight: Committee review of the activities of a Federal agency or program.
• Personal emergency: means a catastrophic and debilitating medical situations, severely complicated disabilities, severe accident cases, family medical emergencies or other hardship situations that are likely to require an employee's absence from duty for a prolonged period of time and to result in a substantial loss of income to the employee because of the unavailability of paid leave. See South Carolina Code 8-11-700
• Personal property: All property that is not real property.
• Position: shall mean any employment requiring the paid services of one person, or any office or employment in any agency requiring specific duties to be performed by one person. See South Carolina Code 8-11-220
• Prior service: means service rendered as a teacher or employee before July 1, 1945, for which credit is allowable under Article 7 of this chapter. See South Carolina Code 9-1-10
• Private employer: means any:
  
  (a) person or entity that transacts business in this State, is required to have a license issued by an agency, department, board, commission, or political subdivision of this State that issues licenses for the purposes of operating a business in this State, and employs one or more employees in this State, as defined in § 12-8-10;
  
  (b) person or entity carrying on any employment and the legal representative of a deceased person or the receiver or trustee of any person; or
  
  (c) person or entity for whom an individual performs a service or sells a good, of whatever nature, as an employee, as defined in § 12-8-10. See South Carolina Code 8-14-10
• Probate: Proving a will
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public debt: Cumulative amounts borrowed by the Treasury Department or the Federal Financing Bank from the public or from another fund or account. The public debt does not include agency debt (amounts borrowed by other agencies of the Federal Government). The total public debt is subject to a statutory limit.
• Public defender: Represent defendants who can't afford an attorney in criminal matters.
• Public employer: means every department, agency, or instrumentality of the State or a political subdivision of the State. See South Carolina Code 8-14-10
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Public school: means a school conducted within this State under the authority and supervision of a duly elected or appointed school district board of trustees. See South Carolina Code 9-1-10
• Public service: means service as an employee of the government of the United States, a state or political subdivision of the United States, or an agency or instrumentality of any of these. See South Carolina Code 9-1-10
• Purchased service: means service credit purchased by an active member while an employee of an employer participating in the system. See South Carolina Code 9-1-10
• Regular interest: means interest compounded annually at such rates as shall be determined by the Board for a particular purpose in accordance with § 9-8-30. See South Carolina Code 9-8-10
• Regular interest: shall mean interest compounded annually at such rate as shall be determined by the Board in accordance with § 9-9-30. See South Carolina Code 9-9-10
• Regular interest: means interest compounded annually at a rate determined by the board in accordance with § 9-1-280. See South Carolina Code 9-1-10
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Retirement: means the withdrawal from active service with a retirement allowance granted under the system. See South Carolina Code 9-1-10
• Retirement allowance: means monthly payments for life under the System payable as provided in § 9-8-80. See South Carolina Code 9-8-10
• Retirement allowance: shall mean monthly payments for life under the System payable as provided in § 9-9-80. See South Carolina Code 9-9-10
• Retirement allowance: means the sum of the employer annuity and the employee annuity or any optional benefit payable in lieu of the annuity. See South Carolina Code 9-1-10
• Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Solicitor: means the person holding office as described under § 1-7-310 of the 1976 Code. See South Carolina Code 9-8-10
• State: means the State of South Carolina. See South Carolina Code 9-8-10
• State: shall mean the State of South Carolina. See South Carolina Code 9-9-10
• Sub-subcontractor: means any person having a services contract with a subcontractor. See South Carolina Code 8-14-10
• Subcontractor: means any person having either: (a) a services contract with a contractor; or (b) a contract with a sub-subcontractor. See South Carolina Code 8-14-10
• Summons: Another word for subpoena used by the criminal justice system.
• System: means the Retirement System for Judges and Solicitors of the State of South Carolina. See South Carolina Code 9-8-10
• System: shall mean the Retirement System for members of the General Assembly of the State of South Carolina. See South Carolina Code 9-9-10
• system: means the South Carolina Retirement System established under § 9-1-20. See South Carolina Code 9-1-10
• Teacher: means a classroom teacher employed in the public schools supported by this State as determined by the board. See South Carolina Code 9-1-10
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• this State: means the State of South Carolina. See South Carolina Code 9-1-10
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• True bill: Another word for indictment.
• Trustee: A person or institution holding and administering property in trust.
• Volunteer: shall mean any person who, of his own free will, provides goods or services, without any financial gain, to any agency, instrumentality or political subdivision of the State;
  
  (b) "Regular-service volunteer" shall mean any person engaged in specific voluntary service activities on an ongoing or continuous basis;
  
  (c) "Occasional-service volunteer" shall mean any person who provides a one-time or occasional voluntary service;
  
  (d) "Material donor" shall mean any person who, without financial gain, provides funds, materials or opportunities for clients of agencies, departments or institutions of the State;
  
  (e) "Department" shall mean and include all departments, agencies, and institutions of state government. See South Carolina Code 8-25-10
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.