South Carolina 2025-2026 Regular Session

South Carolina Senate Bill S0734

Introduced
1/13/26  

Caption

State Benefits Forfeiture

Summary

S0734 would add a new section to Title 9 of the South Carolina Code to require forfeiture of certain state retirement and health benefits when a state employee is convicted of, or pleads guilty or nolo contendere to, crimes involving criminal sexual misconduct with a minor or the possession or distribution of child sexual abuse material. The bill expressly includes child sexual abuse material that is artificially generated by artificial intelligence. If the forfeiture provision is applied, the relevant retirement system must refund the employee’s own contributions tied to the service at issue. The bill also creates a limited partial-restoration provision: a former state employee whose benefits are forfeited may receive 25% of the lost benefit if they move to a different state that does not share a border with a state bordering South Carolina. The bill defines key terms such as state employee, retirement benefits, retirement system, and health benefits, and it would take effect upon gubernatorial approval.

Impact

The bill would expand South Carolina law by creating a new statutory penalty tied to certain sex offenses involving minors and child sexual abuse material, including AI-generated material, for state employees. It would affect state retirement systems and the state employee insurance program by authorizing loss of pension and health benefits attributable to state employment, while preserving a refund of employee contributions. The measure would directly affect state employees convicted of the specified offenses and would require the administering retirement system and benefits program to implement the forfeiture rules.

Sentiment

The bill’s caption and text indicate a punitive, child-protection-focused policy approach, and the available context shows no recorded committee debate or votes to suggest organized opposition or support. Based on the bill’s subject matter, the likely sentiment is broadly favorable toward stronger consequences for serious offenses involving minors, with the proposal framed as a deterrent and accountability measure. No formal voting history or transcript discussion is available to show division or amendments.

Contention

The main points of potential contention are the breadth of the forfeiture trigger, the inclusion of pleas of guilty or nolo contendere, and the application of the penalty to retirement and health benefits earned through state employment. Another possible issue is the treatment of AI-generated child sexual abuse material, which may raise definitional and enforcement questions. The partial restoration provision allowing 25% of the lost benefit under a relocation condition is unusual and could also draw scrutiny over fairness, administrability, and whether it meaningfully mitigates the forfeiture.

Companion Bills

No companion bills found.

Previously Filed As

SC SB44

State Retirement and Pension System - Forfeiture of Benefits

SC HB98

State Retirement and Pension System - Forfeiture of Benefits

SC SB388

State Retirement and Pension System – Forfeiture of Benefits

SC HB1263

Forfeiture of retirement benefits.

SC HB1150

Forfeiture of Public Employees' Retirement Association Benefits by Sex Offenders

SC HB1841

PEN CD-BENEFIT FORFEITURE

SC HB1191

PEN CD-TEACHERS-FORFEITURE

SC H19

Relative to pension forfeiture

SC H28

Relative to pension forfeiture

SC HB1717

CRIMINAL FORFEITURE-REPORTING

Similar Bills

No similar bills found.