From Pay Raise to Pay Cut: S.C. Supreme Court Halts Lawmakers’ Salary Increase

The South Carolina Supreme Court has overturned a controversial legislative pay increase approved earlier this year, ruling that the measure violated the state constitution and effectively cutting lawmakers’ pay rather than raising it.

Earlier this year, the General Assembly included a budget proviso that increased what was termed “in-district compensation” from $1,000 to $2,500 per month, raising legislators’ annual take-home pay by about $18,000. The increase, which took effect July 1, was intended to offset rising travel and constituent-service costs for the state’s 170 lawmakers.

However, a legal challenge was quickly filed, arguing that the move amounted to a mid-term pay raise, which the state constitution explicitly prohibits. The Supreme Court agreed, finding that the in-district payments functioned as salary rather than reimbursement for documented expenses. Because legislators were not required to provide receipts or proof of costs incurred, the Court determined that the payments were compensation and therefore subject to constitutional limits.

In its unanimous decision, the Court struck down not only the recent increase but also the long-standing $1,000 monthly in-district payment that has been in place since 1995. The ruling applies retroactively to July 1, meaning lawmakers will see their monthly payments stop altogether rather than revert to the previous level.

The decision represents a significant correction in legislative compensation practices and reinforces the constitutional principle that lawmakers cannot increase their own pay during the term in which they serve. Any future changes to compensation must now wait until after the next election cycle.

The ruling also reignites debate over how South Carolina compensates its part-time legislature. While the base salary for lawmakers—roughly $10,400 per year—has remained unchanged for decades, the loss of the in-district allowance could make public service more financially challenging for some.