South Carolina 2025 2025-2026 Regular Session

South Carolina House Bill H4055 Introduced / Fiscal Note

Filed 03/19/2025

                    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. 
  
 
 
 
 
 
 
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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. 
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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