H*2778 Session 104 (1981-1982)
H*2778(Rat #0158, Act #0108 of 1981) General Bill, By H.C. Granger
A Bill to amend Section 41-27-210, as amended, Code of Laws of South Carolina,
1976, relating to the definition of "employer" under the Employment Security
Law, so as to correct an improper reference to an item in the Section; to
amend Section 41-27-260, as amended, relating to exempted employment, so as to
further define "exempted employment"; to amend Section 41-27-370, as amended,
relating to the definition of "unemployment", so as to further define
"unemployment"; to amend Section 41-27-380, as amended, relating to the
definition of "wages", so as to further define "wages"; to amend Section
41-31-60, relating to unpaid employment security taxes, so as to clarify the
penalties for employers who fail to submit unemployment compensation tax
reports; to amend Section 41-31-80, relating to the statewide reserve ratio,
so as to remove the wages of reimbursable employers from the formula and
eliminate the imbalance in computing the statewide reserve ratio; to amend
Section 41-31-110, relating to computation of rates applicable to successor
employers, so as to clarify state policy as to the transfer of contribution
rates to such employers and carry out the administration of experience rating
policies; to amend Section 41-31-620, as amended, relating to payments to the
unemployment fund by nonprofit organizations, so as to restore certain
provisions of the Section inadvertently deleted by a previous amendment to the
Section; to amend Section 41-31-660, as amended, relating to the amount of
payments to the unemployment funds, so as to permit chargebacks against
reimbursable employers to be prorated; to amend Section 41-35-420, relating to
eligibility for extended benefits, so as to bring the State Unemployment
Compensation Law into conformance with the Federal Law; to amend Section
41-35-640, relating to reconsideration of determination, so as to provide for
a ten-day period to request reconsideration; to amend Section 41-35-660,
relating to appeals, so as to provide that a claimant who has been determined
to be eligible for benefits shall be required to repay such benefits if such
determination of eligibility is later reversed; and to amend Section 41-41-40,
relating to recovery of benefits paid to persons not entitled thereto, so as
to provide that the claimant shall be required to repay the Commission prior
to having overpayments deducted from future payments; and to repeal Sections
41-35-70, 41-35-80 and 41-35-90, relating to the definition of "seasonal
industry", "seasonal worker", and rules for seasonal workers.
04/14/81 House Introduced and read first time HJ-1819
04/14/81 House Referred to Committee on Labor, Commerce and
Industry HJ-1820
04/22/81 House Committee report: Favorable Labor, Commerce and
Industry HJ-1960
04/28/81 House Read second time HJ-2073
04/28/81 House Reconsidered HJ-2074
04/28/81 House Debate adjourned HJ-2074
04/29/81 House Read second time HJ-2111
04/30/81 House Read third time and sent to Senate HJ-2154
04/30/81 Senate Introduced and read first time SJ-15
04/30/81 Senate Referred to Committee on Labor, Commerce and
Industry SJ-15
05/27/81 Senate Committee report: Favorable Labor, Commerce and
Industry SJ-25
05/28/81 Senate Read second time SJ-17
06/02/81 Senate Read third time and enrolled SJ-11
06/10/81 House Ratified R 158 HJ-3169
06/15/81 Signed By Governor
06/15/81 Effective date 06/15/81
06/15/81 Act No. 108
06/25/81 Copies available
(A108, R158, H2778)
AN ACT TO AMEND SECTION 41-27-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO THE DEFINITION OF "EMPLOYER" UNDER THE EMPLOYMENT
SECURITY LAW, SO AS TO CORRECT AN IMPROPER REFERENCE TO AN ITEM IN THE SECTION;
TO AMEND SECTION 41-27-260, AS AMENDED, RELATING TO EXEMPTED EMPLOYMENT, SO AS
TO FURTHER DEFINE "EXEMPTED EMPLOYMENT"; TO AMEND SECTION 41-27-370,
AS AMENDED, RELATING TO THE DEFINITION OF "UNEMPLOYMENT", SO AS TO
FURTHER DEFINE "UNEMPLOYMENT"; TO AMEND SECTION 41-27-380, AS AMENDED,
RELATING TO THE DEFINITION OF "WAGES", SO AS TO FURTHER DEFINE
"WAGES"; TO AMEND SECTION 41-31-60, RELATING TO UNPAID EMPLOYMENT
SECURITY TAXES, SO AS TO CLARIFY THE PENALTIES FOR EMPLOYERS WHO FAIL TO SUBMIT
UNEMPLOYMENT COMPENSATION TAX REPORTS; TO AMEND SECTION 41-31-80, RELATING TO THE
STATEWIDE RESERVE RATIO, SO AS TO REMOVE THE WAGES OF REIMBURSABLE EMPLOYERS FROM
THE FORMULA AND ELIMINATE THE IMBALANCE IN COMPUTING THE STATEWIDE RESERVE RATIO;
TO AMEND SECTION 41-31-110, RELATING TO COMPUTATION OF RATES APPLICABLE TO
SUCCESSOR EMPLOYERS, SO AS TO CLARIFY STATE POLICY AS TO THE TRANSFER OF
CONTRIBUTION RATES TO SUCH EMPLOYERS AND CARRY OUT THE ADMINISTRATION OF
EXPERIENCE RATING POLICIES; TO AMEND SECTION 41-31-620, AS AMENDED, RELATING TO
PAYMENTS TO THE UNEMPLOYMENT FUND BY NONPROFIT ORGANIZATIONS, SO AS TO RESTORE
CERTAIN PROVISIONS OF THE SECTION INADVERTENTLY DELETED BY A PREVIOUS AMENDMENT
TO THE SECTION; TO AMEND SECTION 41-31 660, AS AMENDED, RELATING TO THE AMOUNT
OF PAYMENTS TO THE UNEMPLOYMENT FUNDS, SO AS TO PERMIT CHARGEBACKS AGAINST
REIMBURSABLE EMPLOYERS TO BE PRORATED; TO AMEND SECTION 41-35-420, RELATING TO
ELIGIBILITY FOR EXTENDED BENEFITS, SO AS TO BRING THE STATE UNEMPLOYMENT
COMPENSATION LAW INTO CONFORMANCE WITH THE FEDERAL LAW; TO AMEND SECTION
41-35-640, RELATING TO RECONSIDERATION OF DETERMINATION, SO AS TO PROVIDE FOR A
TEN-DAY PERIOD TO REQUEST RECONSIDERATION; TO AMEND SECTION 41-35-660, RELATING
TO APPEALS, SO AS TO PROVIDE THAT A CLAIMANT WHO HAS BEEN DETERMINED TO BE
ELIGIBLE FOR BENEFITS SHALL BE REQUIRED TO REPAY SUCH BENEFITS IF SUCH
DETERMINATION OF ELIGIBILITY IS LATER REVERSED; AND TO AMEND SECTION 41-41-40,
RELATING TO RECOVERY OF BENEFITS PAID TO PERSONS NOT ENTITLED THERETO, SO AS TO
PROVIDE THAT THE CLAIMANT SHALL BE REQUIRED TO REPAY THE COMMISSION PRIOR TO
HAVING OVERPAYMENTS DEDUCTED FROM FUTURE PAYMENTS; AND TO REPEAL SECTIONS
41-35-70, 41-35-80 AND 41-35-90, RELATING TO THE DEFINITION OF "SEASONAL
INDUSTRY", "SEASONAL WORKER", AND RULES FOR SEASONAL WORKERS.
Be it enacted by the General Assembly of the State of South Carolina:
Employment record to be used
SECTION l. Item (4) of Section 41-27-210 of the 1976 Code is amended to read:
"(4) Any individual or other legal entity which acquired substantially all
of the business of another employing unit, if the employment record of such
employing unit subsequent to such acquisition, together with the employment
record of the acquired business prior to such acquisition, both within the same
calendar year, will be sufficient to constitute such employing unit an employer
subject to Chapters 27 through 41 of this title under item (2) of this section;
provided, however that if only a part of the business of another is acquired by
an individual or other legal entity the employment record of such part prior to
acquisition shall be considered and not the whole employment record of the
business from which such part was acquired as if such part was conducted."
Definitions
SECTION 2. Item (10) of Section 41-27-260 of the 1976 Code, as last amended by
Act 161 of 1977, is further amended to read:
"(10) For the purposes of items (2) and (3) of Section 41-27-230 the term
'employment' shall not include:
(a) Service performed in the direct employ of a church or convention or
association of churches or an organization which is operated primarily for
religious purposes and which is operated, supervised, controlled or principally
supported by a church or convention or association of churches;
(b) Service performed by a duly ordained, commissioned or licensed minister
of a church in the exercise of his ministry or by a member of a religious order
in the exercise of duties required by such order;
(c) Service performed in a facility conducted for the purpose of carrying out
a program of rehabilitation for individuals whose earning capacity is impaired
by age or physical or mental deficiency or injury or providing remunerative work
for individuals who because of their impaired physical or mental capacity cannot
be readily absorbed in the competitive labor market by an individual receiving
such rehabilitation or remunerative work;
(d) Service performed prior to January 1, 1978, for a hospital in a state
prison or other state correctional institution by an inmate of the prison or
correctional institution and after December 31, 1977, by an inmate of a custodial
or penal institution;
(e) Service performed as a part of an unemployment work-relief or
work-training program assisted or financed in whole or in part by any federal
agency or an agency of a state or political subdivision thereof, by an individual
receiving such work-relief or work-training, unless a federal law, rule or
regulation mandates unemployment insurance coverage to individuals in a
particular work-relief or work-training program."
Individual deemed unemployed
SECTION 3. Section 41-27-370 of the 1976 Code, as last amended by Section 8,
Part II, of Act 519 of 1980, is further amended to read:
"Section 41-27-370. An individual shall be deemed 'unemployed' in any week
during which he performs no services and with respect to which no wages are
payable to him or in any week of less than full-time work if the wages payable
to him with respect to such week are less than his weekly benefit amount. The
Commission shall prescribe regulations applicable to unemployed individuals,
making such distinctions in the procedures as to total unemployment, part-total
unemployment, partial unemployment of individuals attached to their regular jobs,
and other forms of short-time work, as the Commission deems necessary.
An individual shall be deemed 'unemployed' in any week during which no
governmental or other pension, retirement pay, annuity or other similar periodic
payment which is attributable to his employment is payable to him or, if such
payment is payable to him with respect to such weeks, the amount thereof is less
than his weekly benefit amount. Each eligible individual, who is unemployed in
any week and who is receiving a governmental or other pension, retirement pay,
annuity or other similar periodic payment which is attributable to his employment
shall be paid with respect to such week a benefit in an amount equal to his
weekly benefit amount less the pension, retirement pay, annuity or other similar
periodic payment payable to him with respect to such week. Such benefit if not
a multiple of one dollar shall be computed to the next higher multiple of one
dollar. The amount of benefits payable to an individual for any week which begins
after the effective date of the applicable provision in the Federal Unemployment
Tax Act and which begins in a period with respect to which such individual
receiving a governmental or other pension, retirement or retired pay, annuity or
other similar periodic payment which is based on the previous work of such
individual shall be reduced (but not below zero) by an amount equal to the amount
of such pension, retirement or retired pay, annuity or other payment which is
reasonably attributable to such week; provided, that if the provisions of the
Federal Unemployment Tax Act permit, the requirements of this paragraph shall
only apply in the case of a pension, retirement or retired pay, annuity or other
similar periodic payment under a plan maintained (or contributed to) by a base
period employer.
Provided, further, that in the event the individual has participated in any
pension, retirement, annuity or any other similar plan of the employer by having
made contributions to such plan, only one-half of the amount of the pension
amount paid under such plan shall be applicable in determining the amount of
benefits payable for any week claimed; except that in the case where an
individual is the sole contributor to a retirement, pension, annuity or other
similar plan, no amount of the pension received therefrom shall serve to reduce
the amount of benefits payable to an individual for any week claimed.
No individual shall be considered as unemployed in any week (not to exceed two
in any benefit year) in which the Commission finds that his unemployment is due
to a vacation week with respect to which the individual is receiving or has
received his regular wages or which is constituted a vacation period with or
without pay by reason of a written contract between the employer and the
employees or by reason of the employer's vacation policy and practice to his
employees. This provision shall apply only if it is found by the Commission that
employment will be available for the claimant with the employer at the end of a
vacation period as described in this section. This section shall not be
applicable to any claimant whose employer shall fail to comply, in respect to
such vacation period, with the requirements of all rules, regulations or
procedures of the Commission regarding the filing of notices, reports,
information or claims in connection with individual, group or mass separations
arising from the vacation."
Payment of tax
SECTION 4. Item (c) of subsection (1) of Section 41-27-380 of the 1976 Code is
amended to read:
"(c) The payment by an employing unit (without deduction from the
remuneration of the individual in its employ) of the tax imposed upon an
individual in its employ, under Section 3101 of the Federal Internal Revenue
Code, only if such service is agricultural labor or domestic service;".
Delinquent report
SECTION 5. Section 41-31-60 of the 1976 Code is amended to read:
"Section 41-31-60. (1) If on the computation date upon which an employer's
rate is to be computed as provided in Section 41-31-40 there is a delinquent
report, a rate of .0270 will be assigned for the next calendar year; provided,
however, if the rate for the prior year of the employer is greater than .0270,
the higher rate will remain in effect until the next computation date. The
assigned rate will be applicable for the entire computation period even though
the delinquent report is subsequently received.
(2) No employer shall be permitted to pay his unemployment compensation tax at
a reduced rate for any quarter when a tax execution issued in accordance with
Section 41-31-390 with respect to delinquent unemployment compensation tax for
a previous quarter, shall be unpaid and outstanding against such employer. The
Commission may waive this provision in those instances in which such an employer
shall comply with any agreement entered into providing for installment payments
of delinquent unemployment compensation taxes placed in execution."
Statewide reserve ratio
SECTION 6. Section 41-31-80 of the 1976 Code is amended to read:
"Section 41-31-80. A statewide reserve ratio shall be computed once each
year by adding to the total unemployment compensation fund on June thirtieth all
contributions and interest received on or before July thirty-first and dividing
the result so obtained by the sum of the total wages reported by contributing
employers on their contribution reports received by the Commission during the
twelve-month period ending September thirtieth. Any amount credited to the
state's account under Section 903 of the Social Security Act, as amended, which
has been appropriated for expenses of administration, whether or not withdrawal
from the trust fund, shall be excluded from the unemployment fund balance in
computing the statewide reserve ratio. Any amount due and payable as a payment
in lieu of contributions by a nonprofit organization as provided in Section
41-31-630, the State of South Carolina or the Federal Government shall be added
to the total unemployment compensation fund for the purposes of the computations
required by this section. When the statewide reserve ratio computed during any
calendar year equals or exceeds three and one-half percent, contribution rates
applicable to the following calendar year shall be computed in accordance with
Sections 41-31-40 and 41-31-50. When the statewide reserve ratio computed during
any calendar year is less than three and one-half percent, all contribution rates
applicable to the following calendar year shall be increased over those computed
in accordance with Sections 41-31-40 and 41-31-50 as follows:
(1) Thirty-five hundredths of one percent, if the statewide reserve ratio
equals or exceeds three percent but is less than three and one-half percent;
(2) Seven-tenths of one percent, if the statewide reserve ratio equals or
exceeds two and one-half percent but is less than three percent:
(3) One and five hundredths percent, if the statewide reserve ratio is less
than two and one-half percent.
This section shall not apply to any employer whose contribution rate is more
than two and seven-tenths percent, and no employer's rate shall exceed two and
seven-tenths percent by reason of the application of this section."
Computation of rates of contributions
SECTION 7. Section 41-31-110 of the 1976 Code is amended to read:
"Section 41-31-110. Whenever any person or other legal entity has in any
manner succeeded to or has acquired substantially all or a distinct and severable
portion of the business of another, as provided in Sections 41-31-100 and
41-31-120, the rates of contributions shall be computed as follows:
(a) If the successor is not already an employer at the time of such
acquisition, the rate of contributions applicable to the predecessor employer
with respect to the period immediately preceding the date of acquisition, if
there be only one predecessor employer, shall apply to the successor employer
until the next computation date.
(b) If the successor is not already an employer at the time of such acquisition
and there is more than one transferring employer with a different rate, the
successor employer shall be assigned the rate of that transferring employer who
has the highest rate with such rate being applicable until the end of the quarter
in which such succession occurs.
(c) If the successor is already an employer at the time of such acquisition,
the rate of contributions applicable at the time of the acquisition to such
successor employer shall continue to be applicable until the end of the quarter
in which succession occurs.
For the purposes of subsections (b) and (c) such rate as shall be assigned
shall continue in effect until the first day of the next calendar quarter
immediately following such acquisition, at which time the Commission shall
compute a rate based upon the combination of that portion of the employment
benefit experience record acquired from the predecessor with the employment
benefit experience record of the successor, subject to the provisions of this
article, which rate shall be applicable to the successor from the first day of
such quarter until the next computation date under Section 41-31-50. All rates
thereafter shall be computed upon the basis of such combined employment benefit
experience record."
Nonprofit organizations to pay contributions
SECTION 8. Section 41-31-620 of the 1976 Code, as last amended by Act 161 of
1977, 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 on or after January 1, 1972, 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; provided, however, that after
January 1, 1979, the State or any political subdivision or any instrumentality
thereof as defined in subitem (b) of item (2) of Section 41-27-230 shall be
required to reimburse the amount of regular benefits and all extended benefits
attributable to services performed in its employ during the effective period of
such 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
such 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 such 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 such 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 such termination shall first be 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. Such election
shall not be 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 such 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 such election. Such determinations shall be
subject to reconsideration, appeal and review in accordance with the provisions
of item (5) of Section 41-31-630."
Benefits to be based on base period wages
SECTION 9. Item (1) of Section 41-31-660 of the 1976 Code, as last amended by
Act 161 of 1977, is further amended to read:
"(1) If the benefits paid to an individual are based both on base period
wages paid by one or more employers that are liable for contributions and on base
period wages paid by one or more employers that are liable for payments in lieu
of contributions, the amount payable by each employer that is liable for payments
in lieu of contributions shall bear the same ratio to the sum of the amounts
payable by such employers as the total base period wages paid to the individual
by each employer that is liable for payments in lieu of contributions bear to the
total base period wages paid to the individual by all such employers."
Individuals eligible to receive extended benefits
SECTION 10. Section 41-35-420 of the 1976 Code is amended to read:
"Section 41-35-420. (1) An individual shall be eligible to receive
extended benefits with respect to any week of unemployment in his eligibility
period only if the commission finds that with respect to such week:
(a) He is an 'exhaustee' as defined in Section 41-35-390.
(b) He has satisfied the requirements of Chapters 27 through 41 of this title
for the receipt of regular benefits that are applicable to individuals claiming
extended benefits, including not being subject to a disqualification for the
receipt of benefits.
Except as provided in item (d), an individual shall not be eligible for
extended benefits for any week if:
(i) Extended benefits are payable for such week pursuant to an interstate claim
filed in any state under the interstate benefit payment plan;
(ii) No extended benefit period is in effect for such week in such state.
Item (c) of subsection (1) shall not apply with respect to the first two weeks
for which extended benefits are payable (determined without regard to this
subsection pursuant to an interstate claim filed under the interstate benefit
payment plan to the individual with respect to the benefit year.
(2) Notwithstanding the provisions of Sections 41-35-410 and 41-35-420,
effective for weeks beginning after March 31, 1981, an individual shall be
disqualified for receipt of extended benefits if the Commission finds that during
any week of his eligibility period:
(a) He has failed either to apply for, or to accept an offer of suitable work
(as defined under item (d) of this subsection), to which he was referred by the
Commission;
(b) He has failed to furnish evidence that he has actively engaged in a
systematic and sustained effort to find work.
Such disqualification shall begin with the week in which such failure occurred
and shall continue until he has been employed in each of four subsequent weeks
(whether or not consecutive) and has earned remuneration equal to not less than
four times his weekly extended benefit amount.
For the purposes of this subsection, the term 'suitable work' means any work
which is within the individual's capabilities to perform if:
(i) The gross average weekly remuneration payable for the work exceeds the
sum of the individual's weekly extended benefit amount plus the amount, if any,
of supplemental unemployment benefits (as defined in Section 501(c)(17)(D) of the
Internal Revenue Code of 1954) payable to such individual for such week;
(ii) The wages payable for the work equal the higher of the minimum wages
provided by Section 6(a) (1) of the Fair Labor Standards Act of 1938 (without
regard to any exemption) or the state or local minimum wage;
(iii) The position was offered to the individual in writing and was listed
with the State Employment Service;
(iv) Such work otherwise meets the definition of 'suitable work' for regular
benefits contained in item (3) of Section 41-35-120 to the extent that such
criteria of suitability are not inconsistent with the provisions of that item.
(3) Notwithstanding any provisions of item (d) of this subsection to the
contrary, no work shall be deemed to be suitable work for an individual which
does not accord with item (c) of subsection (3) of Section 41-35-120.
(4) For the purposes of item (b) of subsection (2), an individual shall be
treated as actively engaged in seeking work during any week if:
(a) The individual has engaged in a systematic and sustained effort to obtain
work during such week;
(b) The individual furnishes tangible evidence that he has engaged in such
effort during such week.
(5) The Employment Service shall refer any claimant entitled to extended
benefits under this chapter to any suitable work which meets the criteria
prescribed in item (d) of subsection (2).
(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 this act because he
or she voluntarily left work, was discharged for misconduct 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."
Reconsideration of initial determination
SECTION 11. Subsection (1) of Section 41-35-640 of the 1976 Code is amended to
read:
"(1) An initial determination may for good cause be reconsidered. A party
entitled to notice of an initial determination may apply for a reconsideration
not later than ten days after the determination was mailed to his last known
address or otherwise delivered to him. Notice of the redetermination shall be
promptly given, in the manner prescribed in this article with respect to notice
of an initial determination."
Claimant may file appeal
SECTION 12. Section 41-35-660 of the 1976 Code is amended to read:
"Section 41-35-660. The claimant or any other interested party may file
an appeal from an initial determination, redetermination or subsequent
determination not later than ten days after the determination was mailed to his
last known address, or otherwise delivered to him. The term 'any other interested
party' shall mean and include the claimant's last or separating employer, and any
employer whose account may be affected by the adjudication of the claim. If an
appeal is duly filed with respect to a matter other than the weekly benefit
amount or maximum amount of benefits payable, and the appeal tribunal affirms a
determination allowing benefits, such benefits paid prior to the decision
disallowing benefits shall not be recovered from any claimant regardless of any
appeal which may thereafter be taken to the extent that such benefits are not
charged to the account of any employer."
Person shall be liable for repayment
SECTION 13. Section 41-41-40 of the 1976 Code is amended to read:
"Section 41-41-40. Any person who has received any sum as benefits under
Chapters 27 through 41 of this title which any conditions for the receipt of
benefits imposed by such chapters were not fulfilled in his case or while he was
disqualified from receiving benefits shall be liable to repay the Commission for
the unemployment compensation fund a sum equal to the amount so received by him.
In the event full repayment of benefits, to which an individual was determined
not entitled, has not been made such sum will be deducted from any future
benefits payable to him under Chapters 27 through 41 of this title, and such sum
shall be collectible in the manner provided in Sections 41-31-380 to 41-31-400
for the collection of past-due contributions."
Repeal
SECTION 14. Sections 41-35-70, 41-35-80 and 41-35-90 of the 1976 Code are
repealed.
Time effective
SECTION 15. This act shall take effect upon approval by the Governor. |