§ 11-40-10 Short Title
§ 11-40-20 South Carolina Infrastructure Facilities Authority; creation; membership; purpose
§ 11-40-30 Definitions
§ 11-40-40 Powers of authority
§ 11-40-50 South Carolina Infrastructure Revolving Loan Fund; establishment; purpose; deposits to fund; use of monies in fund
§ 11-40-60 Authority may make loans; loan commitments and option agreements; conditions for grant of loan; fees and charges
§ 11-40-70 Receipt, distribution, and holding of funds by the authority
§ 11-40-80 Local governments authorized to borrow money from authority through loan agreements and loan obligations; provisions of chapter not exclusive; additional contracts with authority
§ 11-40-90 Authority to issue bonds; use of proceeds; requirements for issuance of bonds; Joint Bond Review Committee to establish priorities for funding of projects
§ 11-40-100 Authority to pledge revenues, funds, or loan obligations to secure bonds
§ 11-40-110 Bonds not debt or pledge of faith and credit of State or its political subdivisions other than the authority; statements to be contained on bonds
§ 11-40-120 Bonds to be authorized by resolution; requirements for bonds
§ 11-40-130 Trust indenture for securing bonds; provisions of bond resolution or trust indenture; bonds primarily secured by pool of obligations
§ 11-40-140 Validity of pledge by authority; lien of pledge
§ 11-40-150 Bonds made negotiable instruments
§ 11-40-160 Bonds and income from bonds exempt from taxes and assessments
§ 11-40-170 Bonds of authority made securities
§ 11-40-180 Offer, sale, or issuance of bonds, notes, or other obligations not subject to regulation under Chapter 1, Title 35
§ 11-40-190 Pledge of State not to impair rights and remedies of bondholders
§ 11-40-200 Defaults by local governments; withholding of state funds; exceptions
§ 11-40-210 Authority members, officers, or employees not subject to liability
§ 11-40-220 Additional notices, proceedings, or publications not required; not subject to referendum
§ 11-40-230 Deposit of money of authority; investment of funds
§ 11-40-240 Annual reports; audit of books and accounts
§ 11-40-250 Division of Local Government to assist authority; duties of Division
§ 11-40-260 Chapter to be liberally construed; approval of bonds not required; provisions of Chapter control
§ 11-40-270 Severability provision

Terms Used In South Carolina Code > Title 11 > Chapter 40 - South Carolina Infrastructure Facilities Authority Act

  • Accumulated additional contributions: means a member's aggregate additional contributions, together with regular interest on the contributions. See South Carolina Code 9-11-10
  • Accumulated contributions: means the sum of all the amounts deducted from the compensation of a member and credited to the member's individual account in the employee annuity savings fund, together with regular interest on the account, as provided in this chapter. See South Carolina Code 9-11-10
  • Active member: means a member who is compensated by an employer participating in the system and who is making regular retirement contributions to the system. See South Carolina Code 9-11-10
  • Actuarial equivalent: means a benefit of equal value when computed on the basis of the tables and regular interest rate last adopted by the board, as provided in § 9-11-30. See South Carolina Code 9-11-10
  • Aggregate additional contributions: means the sum of all the contributions made by a member pursuant to § 9-11-210 in effect before July 1, 1974, and any amounts transferred from another fund which are treated as additional contributions pursuant to § 9-11-210 in effect before July 1, 1974, or § 9-11-210(6) as amended as of that date. See South Carolina Code 9-11-10
  • 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.
  • 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
  • Authority: means the South Carolina Infrastructure Facilities Authority. See South Carolina Code 11-40-30
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Beneficiary: means a person in receipt of a retirement allowance or other benefit provided by the system. See South Carolina Code 9-11-10
  • Board: means the Board of Directors of the South Carolina Public Employee Benefit Authority acting through its Division of Retirement Systems. See South Carolina Code 9-11-10
  • Bond Resolution: means the resolution or resolutions of the authority, including the trust agreement or trust indenture, if any, authorizing the issuance of and providing for the terms and conditions applicable to bonds. See South Carolina Code 11-40-30
  • Bonds: means bonds, notes, or other evidences of obligation of the authority issued under this chapter, including bond, grant or revenue anticipation notes, notes in the nature of commercial paper, and refunding bonds. See South Carolina Code 11-40-30
  • Class Three member: means an employee member of the system with an effective date of membership after June 30, 2012. See South Carolina Code 9-11-10
  • Class two service: means credited service after June 30, 1974, as a class two member, as defined in subsection (7) of § 9-11-40, and credited service before July 1, 1974, or date of membership, if later, with respect to which contributions have been made by a member, or on the member's behalf, under the supplemental allowance program or pursuant to subsection (2), (3), or (10) of § 9-11-210. See South Carolina Code 9-11-10
  • Compensation: means the total remuneration paid to a police officer for service rendered to an employer for his 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 9-11-10
  • 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.
  • Credited service: means a member's earned service and purchased service. See South Carolina Code 9-11-10
  • Date of establishment: means July 1, 1962. See South Carolina Code 9-11-10
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Earned service: means :

    (a) the paid employment of a member of the system with an employer participating in the system where the member makes regular retirement contributions to the system;

    (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 § 9-11-50(F); or

    (c) service with a participating employer in the system, the South Carolina 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 9-11-10
  • 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 9-11-10
  • Employer: means :

    (a) the State;

    (b) a political subdivision, agency, or department of the State which employs police officers and which has been admitted to the system as provided in § 9-11-40; and

    (c) a service organization, the membership of which is composed solely of persons eligible to be members 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 contributions prescribed by this chapter are to be paid from the funds of the service organization. See South Carolina Code 9-11-10
  • environmental facilities: means any publicly-owned projects, structures, and other real or personal property acquired, rehabilitated, constructed, or planned for the purposes of water supply, treatment, storage and distribution; sewerage collection treatment and disposal; or solid waste collection, treatment and disposal. See South Carolina Code 11-40-30
  • Ex officio: Literally, by virtue of one's office.
  • Federal program: means any federal statutes or regulations pursuant to which federal grant funds are made available for environmental facilities and projects, and the rules and regulations promulgated thereunder. See South Carolina Code 11-40-30
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Fund: means the South Carolina Infrastructure Revolving Loan Fund established pursuant to § 11-40-50, including the various accounts established thereunder. See South Carolina Code 11-40-30
  • 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
  • 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.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Loan: means a loan from the authority to a local government for the purpose of financing all or a portion of the cost of a project. See South Carolina Code 11-40-30
  • Loan agreement: means a written agreement entered into between the authority and a local government to evidence its indebtedness with respect to a loan. See South Carolina Code 11-40-30
  • Loan obligation: means a bond, note, or other evidence of obligation issued by a local government to evidence its indebtedness under a loan agreement or otherwise with respect to a loan. See South Carolina Code 11-40-30
  • Management services: means technical, administrative, instructional, or informational services provided to any current or potential loan recipient in, but not limited to, the areas of service charge structure; accounting, capital improvements budgeting or financing; financial reporting, treasury management, debt structure or administration or related fields of financial management; contract or grant administration; management of water, sewer, or solid waste systems; and economic development administration strategies. See South Carolina Code 11-40-30
  • Medical board: means the board provided for in § 9-11-30(2). See South Carolina Code 9-11-10
  • Member: means a person included in the membership of the system, as provided in this chapter. See South Carolina Code 9-11-10
  • 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 9-11-10
  • Nonqualified service: means purchased service other than public service, educational service, military service, leave of absence, and reestablishment of withdrawals. See South Carolina Code 9-11-10
  • Obligation: means any bond, revenue bond, note, lease, contract, evidence of indebtedness, debt, or other obligation of the authority, the State, or local governments which are authorized to be issued under this chapter or under the Constitution or other laws of this State, including refunding bonds. See South Carolina Code 11-40-30
  • Personal property: All property that is not real property.
  • Police officer: means a person who receives his salary from an employer and who is:

    (a) required by the terms of his employment, either by election or appointment, to give his time to the preservation of public order, the protection of life and property, and the detection of crimes in this State; or

    (b) an employee after January 1, 2000, of the South Carolina Department of Corrections, the South Carolina Department of Juvenile Justice, or the South Carolina Department of Mental Health who, by the terms of his employment, is a peace officer as defined by § 24-1-280. See South Carolina Code 9-11-10
  • Public service: means service as an employee of the government of the United States, any state or political subdivision of the United States, or any agency or instrumentality of any of these. See South Carolina Code 9-11-10
  • Purchased service: means service credit purchased by an active member while an employee of an employer participating in the system. See South Carolina Code 9-11-10
  • Regular interest: means interest compounded annually at the rate or rates determined for a particular purpose by the board in accordance with § 9-11-30. See South Carolina Code 9-11-10
  • 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.
  • Retirement allowance: means monthly payments for life under the system payable as provided in § 9-11-160. See South Carolina Code 9-11-10
  • Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
  • State: means the State of South Carolina. See South Carolina Code 9-11-10
  • Supplemental allowance program: means the supplemental allowance program established under the system as of July 1, 1966, and as in effect on June 30, 1974. See South Carolina Code 9-11-10
  • System: means the South Carolina Police Officers Retirement System. See South Carolina Code 9-11-10
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC