Article 1 General Provisions
Article 3 Absentee Registration
Article 5 Absentee Voting
Article 7 Absentee Voting Precincts
Article 9 South Carolina Uniform Military and Overseas Voters Act

Terms Used In South Carolina Code > Title 7 > Chapter 15

  • Administrator: means the director of the retirement systems. See South Carolina Code 8-11-750
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Agency: includes a body corporate and politic established as an instrumentality of the State. See South Carolina Code 1-23-350
  • Allegation: something that someone says happened.
  • Alternate payee: means a spouse or former spouse of a member or retired member who is recognized by a domestic relations order as having a right to receive all or a portion of the benefits payable by a retirement system with respect to such member or retired member. See South Carolina Code 8-11-750
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • 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.
  • Appraisal: A determination of property value.
  • 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
  • Arrest: Taking physical custody of a person by lawful authority.
  • Authorized representative: means a registered elector who, with the voter's permission, acts on behalf of a voter unable to go to the polls because of illness or disability resulting in his confinement in a hospital, sanatorium, nursing home, or place of residence, or a voter unable because of a physical handicap to go to his polling place or because of a handicap is unable to vote at his polling place due to existing architectural barriers that deny him physical access to the polling place, voting booth, or voting apparatus or machinery. See South Carolina Code 7-15-310
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • 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
  • Board: means the Board of Directors of the South Carolina Public Employee Benefit Authority. See South Carolina Code 8-11-750
  • Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
  • Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
  • Contract: A legal written agreement that becomes binding when signed.
  • Contractor: means any person having a contract with a public employer except a political subdivision, where the total value of the contract to be performed in a twelve-month period exceeds twenty-five thousand dollars, or, if the public employer is a political subdivision, where the total value of the contract to be performed in a twelve-month period exceeds fifteen thousand dollars. See South Carolina Code 7-15-320
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Covered voter: means :

    (a) a uniformed-service voter or an overseas voter who is registered to vote in this State;

    (b) a uniformed-service voter whose voting residence is in this State and who otherwise satisfies this state's voter eligibility requirements;

    (c) an overseas voter who, before leaving the United States, was last eligible to vote in this State and, except for a state residency requirement, otherwise satisfies this state's voter eligibility requirements;

    (d) an overseas voter who, before leaving the United States, would have been last eligible to vote in this State had the voter then been of voting age and, except for a state residency requirement, otherwise satisfies this state's voter eligibility requirements; or

    (e) an overseas voter who was born outside the United States, is not described in subitem (c) or (d), and, except for a state residency requirement, otherwise satisfies this state's voter eligibility requirements, if:

    (i) the last place where a parent or legal guardian of the voter was, or under this article would have been, eligible to vote before leaving the United States is within this State; and

    (ii) the voter has not previously registered to vote in any other state. See South Carolina Code 7-15-610
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Death benefit: means any benefit payable upon the death of a member under Sections 9-1-1650, 9-1-1660, 9-8-110(1), (3), or (4), 9-9-100(1), (2), or (3), 9-11-110, or 9-11-130. See South Carolina Code 8-11-750
  • Dependent: A person dependent for support upon another.
  • Director: means the director of the Department of Administration. See South Carolina Code 7-15-320
  • Disability benefit: means any benefit payable to a member or retired member on account of his disability under Sections 9-1-1540, 9-8-60, 9-9-65, or 9-11-80. See South Carolina Code 8-11-750
  • Division: means the Human Resource Management Division of the Department of Administration. See South Carolina Code 8-11-700
  • Domestic relations order: means any judgement, decree, or order, including approval of a property settlement agreement, which relates to the provision of alimony payments or marital property rights to a spouse or former spouse of a member or retired member, and is made pursuant to a domestic relations law, including a law of this State or of another state. See South Carolina Code 8-11-750
  • Donor: The person who makes a gift.
  • Eligible employee: means :

    (a) a person hired on or after July 1, 2001, by an employer as defined in Section 9-20-10(1)(a) to fill a permanent full-time position;

    (b) a person hired on or after July 1, 2002, by an employer as defined in Section 9-20-10(1)(b), (c), or (d) to fill a permanent full-time position;

    (c) a person hired on or after July 1, 2003, by an employer as defined in Section 9-20-10(1) to fill a temporary position or a part-time permanent position;

    (d) a person employed by an employer as defined in Section 9-20-10(1) who, as of June 30, 2001, was a participant of the Optional Retirement Program for Teachers and School Administrators or who, as of June 30, 2002, was a participant of the Optional Retirement Program for Publicly Supported Four-Year and Postgraduate Institutions of Higher Education; or

    (e) an employee, hired on or after January 1, 2003, by the State or any of its departments, agencies, bureaus, commissions, or institutions who is not covered by the State Employee Grievance Procedure but who is eligible to participate in either the South Carolina Retirement System or the Police Officers Retirement System. See South Carolina Code 9-20-10
  • Employee: includes an individual who contracts with an agency for personal services. See South Carolina Code 1-23-350
  • Employer: means :

    (a) a school district that receives funding from the State from the annual appropriation to the Department of Education for Aid to School Districts-Employer Contributions in the annual general appropriations act;

    (b) a four-year and postgraduate institution of higher education supported and under the control of the State;

    (c) a technical college supported and under the control of the State;

    (d) the State or any of its departments, agencies, bureaus, commissions, and institutions, provided that such entity does not meet the definition of item (1)(a), (b), or (c) of this section. See South Carolina Code 9-20-10
  • Employing agency: means the agency in which the leave recipient is employed. See South Carolina Code 8-11-700
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
  • Federal postcard application: means the application prescribed under Section 101(b)(2) of the Uniformed and Overseas Citizens Absentee Voting Act, 42 U. See South Carolina Code 7-15-610
  • Federal work authorization program: means the E-Verify Program maintained and operated by the United States Department of Homeland Security and the Social Security Administration, or any successor program. See South Carolina Code 7-15-320
  • Federal write-in absentee ballot: means the ballot described in Section 103 of the Uniformed and Overseas Citizens Absentee Voting Act, 42 U. See South Carolina Code 7-15-610
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Immediate family: means a person's spouse, parents, children, brothers, sisters, grandparents, grandchildren, and mothers-in-law, fathers-in-law, brothers-in-law, sisters-in-law, sons-in-law, and daughters-in-law. See South Carolina Code 7-15-310
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
  • Leave donor: means an employee of an employing agency whose voluntary written request for transfer of annual or sick leave to the pool leave account of his employing agency is granted. See South Carolina Code 8-11-700
  • Leave recipient: means an employee of an employing agency who has a personal emergency and is selected to receive annual or sick leave from the pool leave account of his employing agency. See South Carolina Code 8-11-700
  • Member: means any person included in the membership of the retirement system. See South Carolina Code 8-11-750
  • Military-overseas ballot: means :

    (a) a federal write-in absentee ballot;

    (b) a ballot specifically prepared or distributed for use by a covered voter in accordance with this article; or

    (c) a ballot cast by a covered voter in accordance with this article. See South Carolina Code 7-15-610
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
  • Oath: A promise to tell the truth.
  • Open enrollment period: means the period from January first to March first of each year. See South Carolina Code 9-20-10
  • Overseas voter: means a United States citizen who resides outside the United States. See South Carolina Code 7-15-610
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Participant: means an eligible employee who participates in the optional retirement program provided by this chapter. See South Carolina Code 9-20-10
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Personal emergency: means a catastrophic and debilitating medical situations, severely complicated disabilities, severe accident cases, family medical emergencies or other hardship situations that are likely to require an employee's absence from duty for a prolonged period of time and to result in a substantial loss of income to the employee because of the unavailability of paid leave. See South Carolina Code 8-11-700
  • Personal property: All property that is not real property.
  • Political subdivision: includes a county, city, municipality, town, village, township, district, authority, special purpose district, school district, other local government entity, or other public corporation or entity whether organized and existing under charter or general law. See South Carolina Code 1-23-350
  • Probate: Proving a will
  • Public employer: means every department, agency, or instrumentality of the State or a political subdivision of the State. See South Carolina Code 7-15-320
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Qualified domestic relations order: means a domestic relations order which creates or recognizes the existence of an alternate payee's right, or assigns to an alternate payee the right, to receive all or a portion of a benefit payable with respect to a member or retired member under a retirement system, which directs that retirement system to disburse benefits to the alternate payee, and which meets the requirements of this chapter. See South Carolina Code 8-11-750
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Retirement benefit: means any benefit payable to a retired member and which is based on the member's age, service, pay, or accumulated contributions. See South Carolina Code 8-11-750
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Statute: A law passed by a legislature.
  • Students: means all persons residing outside of the counties of their respective residences, enrolled in an institution of learning. See South Carolina Code 7-15-310
  • Subpoena: A command to a witness to appear and give testimony.
  • system: means the South Carolina Retirement System, Retirement System for Judges and Solicitors of the State of South Carolina, Retirement System for Members of the General Assembly of the State of South Carolina, or South Carolina Police Officers Retirement System. See South Carolina Code 8-11-750
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • 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.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Volunteer: shall mean any person who, of his own free will, provides goods or services, without any financial gain, to any agency, instrumentality or political subdivision of the State;

    (b) "Regular-service volunteer" shall mean any person engaged in specific voluntary service activities on an ongoing or continuous basis;

    (c) "Occasional-service volunteer" shall mean any person who provides a one-time or occasional voluntary service;

    (d) "Material donor" shall mean any person who, without financial gain, provides funds, materials or opportunities for clients of agencies, departments or institutions of the State;

    (e) "Department" shall mean and include all departments, agencies, and institutions of state government. See South Carolina Code 7-15-700