Death Benefits
In-Service Survivor Allowance
9-8-110(1)(2)(3)
Upon the death of an in-service, active, married member, the spouse is eligible to receive one-third of the annuity that would have been payable to the member if the member was eligible and retired on the date of death.
If a JSRS member who named his spouse as beneficiary for his active JSRS account dies in service prior to retiring, the earned service requirement may be waived if all other retirement eligibility requirements are met for any JSRS (regular or deferred) annuity. The surviving spousal beneficiary may select the one-third annuity in-service death payment option in lieu of a refund of the deceased member’s JSRS contributions and interest.
If a JSRS member designated a non-spousal beneficiary or multiple beneficiaries (which may include a spouse) in lieu of the lump-sum refund of the member’s contributions and interest, the beneficiary may elect to receive one-third of the annuity that would have been payable under the Optional Survivor Annuity Payment Plan if the JSRS active member was eligible to retire on the date of death. Multiple beneficiaries receive equal shares of one-third of the annuity. If a beneficiary dies, the deceased beneficiary’s share ends and the remaining beneficiaries continue to receive their normal monthly annuity. A monthly annuity cannot be paid to an estate.
If, at the time of death, an active JSRS member met retirement eligibility but had not filed a retirement application, the JSRS member’s beneficiary may elect a monthly survivor annuity of one-third of the annuity that would have been payable to the deceased active JSRS member under the Optional Survivor Annuity Payment Plan. Upon notification of the death of an in-service active JSRS member, the active member’s designated beneficiary will be notified as to the available payment options.
Pre-Retirement Incidental Death Benefit
9-8-110(5)
If an active contributing member dies in service with at least one year of service credit, a payment equal to the member’s current annual earnable compensation may be paid to the member’s designated beneficiary or trustee. If the member’s death results from a job-related injury, the one-year requirement is waived.
Disability Retirement Eligibility
9-8-60(3)
To be eligible for disability retirement, a member must:
- Have a minimum of five years of earned JSRS service;
- Be totally and permanently disabled, either physically or mentally, or both;
- Be unable to render useful and efficient service in the position of judge, solicitor, or circuit public defender; and
- Have his claim approved by the South Carolina Supreme Court.
If a member’s claim is approved, his benefit would be calculated using the Standard Annuity Payment Plan formula unless an optional payment plan is selected.