H 3929 Session 110 (1993-1994)
H 3929 General Bill, By Alexander
Similar(S 661)
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.
04/13/93 House Introduced and read first time HJ-16
04/13/93 House Referred to Committee on Labor, Commerce and
Industry HJ-16
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.
Be it enacted by the General Assembly of the State of South Carolina:
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 misconduct 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."
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.
SECTION 3. This act takes effect upon approval by the Governor.
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