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SC Supreme court rules for TERI
employees
The South Carolina Supreme Court has ruled that the state has until
July 1 to reimburse retired state employees who returned to work under
the Teacher and Employee Retention Incentive Program (TERI). The court
also ruled that those same employees should not have to pay
contributions to their pension plan.
Under the June 1 ruling, the state has until July 1 to pay retirees who
enrolled in the TERI program prior to July 1, 2005, 6 percent interest
on their contributions, as well as their contributions, to the
retirement account. If the state does not meet the July 1 deadline,
then it must pay an 11 percent interest on contributions.
The court also ruled that the state will have to pay the plaintiff’s
legal fees, which are estimated at about $50 million, or 40 percent of
a projected growth to about $125 million in the retirement funds.
The state has collected more than $30 million from retirees under the
TERI program.
The June 1 ruling affirms a May 4 ruling that required the state to
return, with interest, pension contributions made by employees who
enrolled in the TERI Program before July 1, 2005. The state had sought
a reversal on the ruling. The state also was to have stopped deducting
contributions from paychecks for the employees under the old TERI
program. Employees who enrolled in TERI after July 1, 2005, would
continue to make contributions of 6.25 percent.
Written by Chief Justice Jean Toal, the ruling affects approximately
13,000 participants, most of them teachers, and about 140 MUSC
employees that had enrolled in the program prior to July 1, 2005. About
24 MUSC employees enrolled in the TERI program after July 1, 2005 and
would not be affected by the ruling.
“The good news is that they gave us back the money,” said Susan
Brooks, MUSC’s director of International Programs and MUSC’s
representative for the South Carolina Employees Associations. “The bad
news is whether the lawyers will be paid out of the reward in the class
action settlement. ”
The court made no decision on the fate of contributions paid by another
9,000 workers who retired and returned to work but did not enroll in
the TERI program, choosing instead to send the issue back to a lower
court.
All non-TERI working retirees and state employees who enrolled in the
TERI Program after July 1, 2005 will continue to make employee
contributions to the retirement systems. Currently, contributions are
6.25 percent of employees’ annual salary. This amount is scheduled to
increase to 6.5 percent on July 1.
Friday, June 9, 2006
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