South Carolina Public Employee Benefit Authority (PEBA)
South Carolina · Public Pensions
peba.sc.gov/survivor-benefitsState Public Pensions in South Carolina
PEBA administers the South Carolina Retirement System (SCRS) and the Police Officers Retirement System (PORS) for public educators and state and local government workers, along with the smaller GARS and JSRS systems and the defined-contribution State ORP. Survivor and death benefits depend on whether the member was active or retired, the payment option the retiree elected, and whether the employer elected the optional incidental death benefit coverage.
Steps to take when someone dies
State Public Pensions in South Carolina: key facts
What South Carolina says7
- Member portal
Members manage their account through Member Access at online.retirement.sc.gov.1
- Reporting a death
PEBA directs the family of a deceased active employee, or of a retiree of an optional employer or charter school that participates in insurance only, to contact the deceased's employer.1
The family of a retiree of a state agency, higher education institution, public school district, or charter school participating in both insurance and retirement contacts PEBA directly.1
- Death after retirement
Under SCRS and PORS, what a beneficiary receives depends on the option elected: Option A pays the remaining member contributions and interest as a lump sum, Option B continues the same monthly benefit for life, and Option C continues one-half of the benefit for life. A period-certain option may also have been elected.1
Where the employer elected incidental death benefit coverage, which is not automatic, the payment for a working retiree equals the member's current annual earnable compensation.2
With that coverage, a non-working retiree's incidental death benefit is set by years of service credit: SCRS $2,000 (10-19), $4,000 (20-27), $6,000 (28+); PORS $4,000 (Class Two 20-24, Class Three 20-26), $6,000 (Class Two 25+, Class Three 27+); GARS and JSRS $1,000 (10-19), $2,000 (20-29), $3,000 (30+).1
- Death before retirement
The beneficiary of a member who dies in service receives a refund of the member's contributions plus interest, regardless of the member's age or service credit.2
Under SCRS, a lifetime monthly benefit may be chosen instead where the member was Class Two with at least 5 years of earned service, or Class Three with at least 8 years, and either had 15 or more years of total service or had reached age 60 at death.2
Under PORS, a lifetime monthly benefit may be chosen instead where the member was Class Two with at least 5 years of earned service, or Class Three with at least 8 years, and either had 15 or more years of total service or had reached age 55 at death.3
Where the employer participates in incidental death benefit coverage (not automatic), the designated beneficiary of an active member with at least one year of earned service receives the member's current annual earnable compensation. The one-year requirement is waived where death results from a job-related injury.1, 4, 5
The State Optional Retirement Program (State ORP) is a defined-contribution plan whose death benefit is the account balance remaining with the service provider.1
- Who receives the benefit
The beneficiary of a member who dies in service may instead, or in addition, be entitled to a refund of the member's contributions and interest or to a monthly survivor benefit.1
If there is no spouse, or the spouse dies before the youngest child turns 18, the PORS Accidental Death Program pension is divided among the children until each turns 18; failing that, it is paid to surviving parents for life.5, 3
If none of those survive, nothing is payable under the PORS Accidental Death Program.5, 3
- Line-of-duty death
Where the employer participates in the incidental death benefit program, the beneficiary of a first responder (police, fire, EMS) who dies from an on-duty injury by external accident or violence receives a one-time lump sum of $75,000. The benefit is effective May 11, 2023.4, 5, 3
The lump sum increases to $150,000 where the member is killed in the line of duty by another person's unlawful and intentional act, or by an accident in fresh pursuit, in response to a believed emergency, at a traffic-accident scene, or while enforcing a traffic law.4
Where a PORS employer elected the separate Accidental Death Program and a member dies from an injury by external accident or violence incurred in the actual performance of duty, the surviving spouse receives a pension of 50% of the member's compensation at the time of death, for life.5, 3
- Health coverage and life insurance
Survivors continuing State Health Plan, dental, or vision coverage complete a Survivor Notice of Election within 31 days of the date of death.1
Governing law: S.C. Code Title 9 (Ch. 1 SCRS, Ch. 11 PORS); 9-1-1770 and 9-11-120 (preretirement and first responder death benefits); 9-11-140 (PORS Accidental Death Program)
Deadlines1
- Survivor Notice of Election to continue State Health Plan, dental, or vision coverage
within 31 days of the date of death1
Forms South Carolina uses1
- Survivor Notice of Election
Continuing State Health Plan, dental, or vision coverage as a survivor, within 31 days of the date of death.1
Retirement systems5
South Carolina public pension benefits
South Carolina Public Employee Benefit Authority (PEBA)
Phone
Toll-free
Hours
Office
Website
Tools for Planning and Settling an Estate in South Carolina
Free calculators and checklists for planning or settling an estate in South Carolina: will and trust costs, probate, executor pay, and inheritance taxes.
How Do I Settle an Estate?
Settling an estate in South Carolina: the personal representative files the estate inventory within 90 daysS.C. Code §§ 62-3-706, 62-3-707, 62-3-708Verified Sep 15, 2026View source of appointment; creditors have 8 monthsSC Code §§ 62-3-801, 62-3-803, 62-3-805, 62-3-806Verified Oct 19, 2026View source to present claims; a simple estate closes in 6 months to 9 months.
Are My Beneficiary Designations Protected?
South Carolina automatically revokes an ex-spouse as beneficiary at divorceS.C. Code Ann. § 62-2-507Verified Sep 15, 2026View source; employer plans under ERISA follow federal rules either way, so a 401(k) beneficiary changes only by a new designation.
Who Inherits Without a Will?
Without a will in South Carolina, a surviving spouse takes half of the estateS.C. Code § 62-2-102Verified Sep 10, 2026View source when every child of either spouse is a child of both, and descendants divide what passes to them per capita with representationS.C. Code § 62-2-106Verified Sep 10, 2026View source.
Hire a Probate Attorney
Browse vetted attorneys handling probate matters across all 50 states.