S*567 Session 105 (1983-1984)
S*0567(Rat #0438, Act #0385 of 1984) General Bill, By Drummond
A Bill to amend Section 41-31-620, Code of Laws of South Carolina, 1976, as
amended, relating to financing benefits paid to employees of nonprofit
organizations, so as to include in payments to the unemployment fund by
nonprofit organizations payments made as a result of a determination, or
payments erroneously or incorrectly paid, or paid as a result of a
determination of eligibility or partial eligibility which is subsequently
reversed, if the payments were made as a result of wages earned in the employ
of a nonprofit organization.
05/25/83 Senate Introduced and read first time SJ-1455
05/25/83 Senate Referred to Committee on Finance SJ-1456
02/08/84 Senate Committee report: Favorable Finance SJ-600
02/14/84 Senate Read second time SJ-644
02/28/84 Senate Read third time and sent to House SJ-773
02/29/84 House Introduced and read first time HJ-1128
02/29/84 House Referred to Committee on Ways and Means HJ-1128
04/24/84 House Committee report: Favorable Ways and Means HJ-2561
05/02/84 House Read second time HJ-2809
05/03/84 House Read third time and enrolled HJ-2862
05/15/84 Ratified R 438
05/21/84 Signed By Governor
05/21/84 Effective date 05/21/84
05/21/84 Act No. 385
05/31/84 Copies available
(A385, R438, S567)
AN ACT TO AMEND SECTION 41-31-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS
AMENDED, RELATING TO FINANCING BENEFITS PAID TO EMPLOYEES OF NONPROFIT
ORGANIZATIONS, SO AS TO INCLUDE IN PAYMENTS TO THE UNEMPLOYMENT FUND BY NONPROFIT
ORGANIZATIONS PAYMENTS MADE AS A RESULT OF A DETERMINATION, OR PAYMENTS
ERRONEOUSLY OR INCORRECTLY PAID, OR PAID AS A RESULT OF A DETERMINATION OF
ELIGIBILITY OR PARTIAL ELIGIBILITY WHICH IS SUBSEQUENTLY REVERSED, IF THE
PAYMENTS WERE MADE AS A RESULT OF WAGES EARNED IN THE EMPLOY OF A NONPROFIT
ORGANIZATION.
Be it enacted by the General Assembly of the State of South Carolina:
Unemployment fund by nonprofit organizations
SECTION 1. Section 41-31-620 of the 1976 Code, as last amended by Act 108 of
1981, is further amended to read:
"Section 41-31-620. Any nonprofit organization which, pursuant to item (6)
of Section 41-27-210, is, or becomes, subject to Chapters 27 through 41 of this
title after December 31, 1971, shall pay contributions under provisions of
Section 41-31-10 unless it elects, in accordance with this section, to pay to the
Commission for the unemployment fund an amount equal to the amount of regular
benefits and one-half the extended benefits paid for any reason, including but
not limited to payments made as a result of a determination, or payments
erroneously or incorrectly paid, or paid as a result of a determination of
eligibility or partial eligibility which is subsequently reversed for any reason,
if the payments or any portion of the payments were made as a result of wages
earned in the employ of the nonprofit organization. After January 1, 1979, the
State or any political subdivision or any instrumentality of the political
subdivision as defined in subitem (b) of item (2) of Section 41-27-230 is
required to reimburse the amount of regular benefits and all extended benefits
paid for any reason, including but not limited to payments made as a result of
a determination, or payments erroneously or incorrectly paid, or paid as a result
of a determination of eligibility or partial eligibility which is subsequently
reversed for any reason, if the payments or any portion of the payments were made
as a result of wages earned in its employ during the effective period of the
elections.
(1) Any nonprofit organization which is, or becomes, subject to Chapters 27
through 41 of this title on January 1, 1972, may elect to become liable for
payments in lieu of contributions for a period of not less than two calendar
years beginning with January 1, 1972, provided, it files with the Commission a
written notice of its election within the thirty-day period immediately following
that date.
(2) Any nonprofit organization which becomes subject to Chapters 27 through 41
of this title after January 1, 1972, may elect to become liable for payments in
lieu of contributions for a period of not less than two calendar years beginning
with the date on which the subjectivity begins by filing a written notice of its
election with the Commission not later than thirty days immediately following the
date of the determination of the subjectivity.
(3) Any nonprofit organization which makes an election in accordance with item
(1) or item (2) of this section will continue to be liable for payments in lieu
of contributions until it files with the Commission a written notice terminating
its election not later than thirty days prior to the beginning of the calendar
year for which the termination is first effective.
(4) Any nonprofit organization which has been paying contributions under
Chapters 27 through 41 of this title for a period subsequent to January 1, 1972,
may change to a reimbursable basis by filing with the Commission not later than
thirty days prior to the beginning of any calendar year a written notice of
election to become liable for payments in lieu of contributions. The election
is not terminable by the organization for that and the next calendar year.
(5) The Commission may for good cause extend the period within which a notice
of election, or a notice of termination, must be filed and may permit an election
to be retroactive but not any earlier than with respect to benefits paid after
December 31, 1969.
(6) The Commission, in accordance with the regulations as may be prescribed,
shall notify each nonprofit organization of any determination made with respect
to its status as an employer and of the effective date of any election which it
makes and of any termination of the election. The determinations are subject to
reconsideration, appeal, and review in accordance with the provisions of item (5)
of Section 41-31-630."
Time effective
SECTION 2. This act shall take effect upon approval by the Governor. |