S*0661(Rat #0166, Act #0125)  General Bill, By J.V. Smith

Similar(H 3929)
 A Bill to amend Section 41-35-420, Code of Laws of South Carolina, 1976,
 relating to employment security and eligibility for extended benefits, so as
 to provide that an individual is not eligible to receive extended benefits
 with respect to any week of unemployment in his eligibility period if the
 individual has been disqualified for regular or extended benefits because he
 or she was discharged for "cause", rather than for "misconduct"; and to
 provide for the suspension of certain provisions of Section 41-35-420 for
 weeks of unemployment beginning after March 6, 1993, and before January 1,
 1995.

   04/08/93  Senate Introduced and read first time SJ-3
   04/08/93  Senate Referred to Committee on Labor, Commerce and
                     Industry SJ-4
   04/22/93  Senate Committee report: Favorable Labor, Commerce and
                     Industry SJ-9
   04/27/93  Senate Read second time SJ-63
   04/28/93  Senate Read third time and sent to House SJ-23
   04/29/93  House  Introduced and read first time HJ-8
   04/29/93  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-9
   05/19/93  House  Committee report: Favorable Labor, Commerce and
                     Industry HJ-21
   05/26/93  House  Read second time HJ-60
   05/27/93  House  Read third time and enrolled HJ-119
   06/10/93         Ratified R 166
   06/14/93         Signed By Governor
   06/14/93         Effective date 06/14/93
   07/06/93         Copies available

AN ACT TO AMEND SECTION 41-35-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMPLOYMENT SECURITY AND ELIGIBILITY FOR EXTENDED BENEFITS, SO AS TO PROVIDE THAT AN INDIVIDUAL IS NOT ELIGIBLE TO RECEIVE EXTENDED BENEFITS WITH RESPECT TO ANY WEEK OF UNEMPLOYMENT IN HIS ELIGIBILITY PERIOD IF THE INDIVIDUAL HAS BEEN DISQUALIFIED FOR REGULAR OR EXTENDED BENEFITS BECAUSE HE OR SHE WAS DISCHARGED FOR "CAUSE", RATHER THAN FOR "MISCONDUCT"; AND TO PROVIDE FOR THE SUSPENSION OF CERTAIN PROVISIONS OF SECTION 41-35-420 FOR WEEKS OF UNEMPLOYMENT BEGINNING AFTER MARCH 6, 1993, AND BEFORE JANUARY 1, 1995.

Be it enacted by the General Assembly of the State of South Carolina:

Discharged for "cause" rather than "misconduct"

SECTION 1. Section 41-35-420(6) of the 1976 Code is amended to read:

"(6) An individual shall not be eligible to receive extended benefits with respect to any week of unemployment in his eligibility period if such individual has been disqualified for regular or extended benefits under the chapter because he or she voluntarily left work, was discharged for cause, or failed to accept an offer of or apply for suitable work unless the disqualification imposed for such reasons has been terminated in accordance with specific conditions established under the South Carolina Employment Security Law requiring the individual to perform service for remuneration subsequent to the date of such disqualification.

If the disqualification which was imposed did not require the individual to perform service for remuneration subsequent to the date of such disqualification, such individual will be ineligible for extended benefits beginning with the effective date of the request for initiation of an extended benefit claim series and continuing until he has secured employment and shows to the satisfaction of the commission that he has worked in each of at least four different weeks whether or not such weeks are consecutive and earned wages equal to at least four times the weekly benefit amount of his claim."

Provisions of law suspended

SECTION 2. Notwithstanding any provision of Section 41-35-420 of the 1976 Code of Laws, and in accordance with Section 202(b)(1) of the Unemployment Compensation Amendments of 1992 (Public Law 102-318), subsection 2(a), (b), and (c) and subsection (6) of Section 41-35-420 are suspended for weeks of unemployment beginning after March 6, 1993, and before January 1, 1995.

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Approved the 14th day of June, 1993.