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South Carolina · H.4300 / Act 258

Judges' retirement age (H.4300, Act 258): SC raises the age limit in the judges' retirement system from 72 to 74

Signed Aug. 13, 2026

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The short version

  • H.4300 (Act No. 258), signed August 13, 2026, changes the retirement age of judges in South Carolina's Retirement System for Judges and Solicitors from 72 to 74, according to the act's title.
  • A member must now retire no later than the end of the calendar year in which the member turns 74. Members who keep serving after becoming eligible for the maximum benefit may also continue until the end of the year they turn 74.
  • A judge who turns 72 in 2026, and whose seat has already been screened and a successor elected, may choose to stay active and keep earning service credit while serving full time, up to 10 years of earned service.
  • It applies to members who have not reached age 74 before January 1, 2027.
Status
Law. Signed by the Governor August 13, 2026; ratified as R275, Act No. 258. In effect on approval; applies to members who have not reached age 74 before January 1, 2027.
Official source
SC Legislature, 2025-2026 Bill 4300 (Act No. 258)
Ratified text of Act No. 258 (Word)

What it does

The act amends two sections of the law governing the Retirement System for Judges and Solicitors. Its title says it changes “the retirement age of judges from seventy-two to seventy-four.” (Act No. 258, title)

  • Latest retirement date. A member may apply to retire at a time “not later than the end of the calendar year in which the member attains age seventy-four.” (Section 2, § 9-8-60(1))
  • Retiring while still serving. A member eligible for the maximum benefit (one-twelfth of 90% of current active salary) may retire and keep serving as a judge, solicitor or circuit public defender until the end of the year the member turns 74. Members under 60 who do this have their monthly benefit deferred until age 60, without interest. Contributions continue, but no added service credit accrues. (§ 9-8-60(7))
  • Judges turning 72 in 2026. “Any judge who attains age seventy-two in 2026 and whose current seat has been screened and a successor elected, may elect to stay active and continue to accrue earned service” while serving full time; once the judge reaches 10 years of earned service, no further credit accrues. (Section 3)
  • Vesting restated. Judges vest after 10 years of earned service; solicitors and circuit public defenders after eight. Vested members who leave and keep contributions on deposit can draw a reduced benefit at 55 (if they started before July 1, 2004) or 65 (if they started after June 30, 2004). (Section 1, § 9-8-50(E))

Who it affects

  • State judges, solicitors and circuit public defenders who are members of the Retirement System for Judges and Solicitors. (§§ 9-8-50, 9-8-60)
  • The public and court users indirectly: the change lets judges in the system serve up to two more years. (§ 9-8-60(1), (7))

What it means for you

For most residents, the practical effect is on how long judges can stay on the bench within the retirement system’s rules. The act does not change how judges are elected or screened. (Act No. 258)

Cost and impact

The act does not include a cost estimate. Employee and employer contributions continue for members who retire and keep serving. (§ 9-8-60(7))

Current status

The House passed the bill 113–0 on second reading on May 1, 2025. The Senate amended it and approved it 36–3 on second reading on June 25, 2026, and gave it third reading on August 11, 2026; the House agreed to the Senate amendment 113–0 the same day. It was ratified August 11 and signed by the Governor on August 13, 2026, as Act No. 258. (Bill history)

What happens next

The act took effect on the Governor’s approval and “applies to members who have not attained age seventy-four before January 1, 2027.” (Section 4)

Sources

Legislators connected to this bill

Current members listed as sponsors on the official bill page, or with a sourced public statement about it. Details and sources are on each member page.

SC House

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Every statement above is drawn from the official source text linked here; section references are shown in grey. This is a plain-English summary, not legal advice. Spot an error? Tell us.