SOUTH CAROLINA REVENUE AND FISCAL AFFAIRS OFFICE S TATEMENT OF ESTIMATED FISCAL IMPACT WWW.RFA.SC.GOV • (803)734-3793 This fiscal impact statement is produced in compliance with the South Carolina Code of Laws and House and Senate rules. The focus of the analysis is on governmental expenditure and revenue impacts and may not provide a comprehensive summary of the legislation. Page 1 of 2 H. 4055 Fiscal Impact Summary This bill defines the Attorney General (AG) as a solicitor of the state and specifies that the AG may elect to become a member of the Judges and Solicitors Retirement System (JSRS). Additionally, for purposes of calculating a retirement or other benefits, the salary used is the higher of the salary provided by law for the AG or a circuit solicitor. This bill will result in a increase in expenses for the Attorney General’s Office by approximately $98,000 beginning in FY 2025-26 for the increase in employer contribution to JSRS. The Attorney General’s Office anticipates requesting an additional General Fund appropriation to cover this expense. Additionally, the actuarial report provided by the Public Employment Benefit Authority (PEBA) indicates the one-time expense to offset the unfunded liability resulting from this bill is estimated to be approximately $1,270,000 in FY 2025-26. Also, the funded ratio of the system of 48.7 percent that will decrease to 48.6 percent if the change is not funded. Explanation of Fiscal Impact Introduced on February 19, 2025 State Expenditure This bill defines the AG as a solicitor of the state and specifies that the AG may elect to become a member of JSRS. Additionally, for purposes of calculating retirement or other benefits, the AG’s salary is the higher of the salary provided by law for the AG or a circuit solicitor. Currently, the AG is a member of the SC Retirement System (SCRS) as established under Section 9-1-20. This bill allows the AG to transition from SCRS to JSRS. For purposes of this analysis, the actuarial report provided by PEBA anticipates the AG will choose to become a member of JSRS and transfer prior years of service to JSRS. Section 9-8-50(B) allows members in JSRS who have earned service in SCRS, the Police Officers Retirement System (PORS), or the General Assembly Retirement System (GARS) to transfer that service to JSRS by making a payment to JSRS equal to the current required member contribution for each year of serviced transferred. Currently the member contribution requirement is 10 percent of pay for each year of service. However, the increase in the value of the member’s benefit, or actuarial cost, in JSRS is three to five times greater than the member’s contribution requirement to transfer service from the other system. Bill Number: H. 4055 Introduced on Februar y 19, 2025 Subject: Attorne y General Retirement Requestor: House Wa ys and Means RFA Analyst(s): Welsh Impact Date: March 19, 2025 __________________________________ Frank A. Rainwater, Executive Director DISCLAIMER: THIS FISCAL IMPACT STATEMENT REPRESENTS THE OPINION AND INTERPRETATION OF THE AGENCY OFFICIAL WHO APPROVED AND SIGNED THIS DOCUMENT. IT IS PROVIDED AS INFORMATION TO THE GENERAL ASSEMBLY AND IS NOT TO BE CONSIDERED AS AN EXPRESSION OF LEGISLATIVE INTENT. Page 2 of 2 H. 4055 The calculations to determine the AG’s retirement benefits under this bill are based on a solicitor’s salary, which is $217,575, rather than the AG’s salary of $208,000. The following estimates are based on the assumption of 28 years of service credited and may vary depending on actual service. Comparison of Retirement Benefits for the AG SCRS Salary Base $208,000 JSRS Salary Base $217,575 Increase Employee Contribution Employer Contribution Employee Contribution Employer Contribution Employee Increase Employer Increase 9.00% 18.56% 10.00% 62.94% 1.00% 44.38% $19,000 $39,000 $22,000 $137,000 $3,000 $98,000 This bill will result in an increase in expenses totaling approximately $98,000 beginning in FY 2025-26 for the Attorney General’s Office to cover the difference in the employer contribution to the different retirement fund. The Attorney General’s Office anticipates requesting an additional General Fund appropriation to cover this increase in expenses. Additionally, the AG will also have to increase annual employee contributions by $3,000. However, this will have no expenditure impact on the agency. The change will result in an increase of annual retirement benefits for the AG of $72,000. Further, based on the actuarial report provided by PEBA, this bill will result in an increase in the unfunded liability of $1,270,000. According to the actuarial report provided by PEBA, the funded ratio of 48.7 percent that will decrease to 48.6 percent due to this bill. If the General Assembly chooses to fund the increase, this bill will result in an additional one-time expenditure increase of $1,270,000 in FY 2025-26. State Revenue N/A Local Expenditure N/A Local Revenue N/A