H*4013(Rat #0231, Act #0202 of 2002)  General Bill, By Cato

Similar(S 660)
 A BILL TO AMEND SECTION 41-41-20, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO THE SUSPENSION OF UNEMPLOYMENT COMPENSATION BENEFITS TO A CLAIMANT
 WHO MADE A FALSE STATEMENT OR FAILED TO DISCLOSE A MATERIAL FACT WHEN FILING A
 CLAIM, SO AS TO AUTHORIZE THE EMPLOYMENT SECURITY COMMISSION TO PENALIZE THE
 CLAIMANT BY WITHHOLDING FUTURE BENEFITS HE MAY BECOME ENTITLED TO; AND TO
 AMEND SECTION 41-41-40, AS AMENDED, RELATING TO RECOVERY OF BENEFITS PAID TO A
 PERSON NOT ENTITLED TO RECEIVE THEM, SO AS TO ESTABLISH CIRCUMSTANCES UNDER
 WHICH THE COMMISSION MAY WAIVE REPAYMENT OF OVERPAID BENEFITS AND TO REQUIRE A
 PERSON WHO RECEIVED BENEFITS IN ANOTHER STATE TO WHICH HE WAS NOT ENTITLED TO
 PAY THE COMMISSION FOR THESE OVERPAYMENTS IF BOTH STATES HAVE ENTERED INTO AN
 INTERSTATE RECIPROCAL OVERPAYMENT RECOVERY AGREEMENT.-amended title

   04/25/01  House  Introduced and read first time HJ-10
   04/25/01  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-11
   02/20/02  House  Committee report: Favorable with amendment Labor,
                     Commerce and Industry HJ-1
   02/26/02  House  Amended HJ-14
   02/26/02  House  Read second time HJ-14
   02/27/02  House  Read third time and sent to Senate HJ-22
   02/28/02  Senate Introduced and read first time SJ-26
   02/28/02  Senate Referred to Committee on Labor, Commerce and
                     Industry SJ-26
   03/14/02  Senate Committee report: Favorable Labor, Commerce and
                     Industry SJ-6
   03/19/02  Senate Read second time SJ-9
   03/19/02  Senate Ordered to third reading with notice of amendments SJ-9
   03/20/02  Senate Read third time and enrolled SJ-37
   04/04/02         Ratified R 231
   04/10/02         Signed By Governor
   04/23/02         Effective date 4/10/02
   04/23/02         Copies available
   04/24/02         Act No. 202

AN ACT TO AMEND SECTION 41-41-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF UNEMPLOYMENT COMPENSATION BENEFITS TO A CLAIMANT WHO MADE A FALSE STATEMENT OR FAILED TO DISCLOSE A MATERIAL FACT WHEN FILING A CLAIM, SO AS TO AUTHORIZE THE EMPLOYMENT SECURITY COMMISSION TO PENALIZE THE CLAIMANT BY WITHHOLDING FUTURE BENEFITS HE MAY BECOME ENTITLED TO; AND TO AMEND SECTION 41-41-40, AS AMENDED, RELATING TO RECOVERY OF BENEFITS PAID TO A PERSON NOT ENTITLED TO RECEIVE THEM, SO AS TO ESTABLISH CIRCUMSTANCES UNDER WHICH THE COMMISSION MAY WAIVE REPAYMENT OF OVERPAID BENEFITS AND TO REQUIRE A PERSON WHO RECEIVED BENEFITS IN ANOTHER STATE TO WHICH HE WAS NOT ENTITLED TO PAY THE COMMISSION FOR THESE OVERPAYMENTS IF BOTH STATES HAVE ENTERED INTO AN INTERSTATE RECIPROCAL OVERPAYMENT RECOVERY AGREEMENT.

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

False statements, misrepresentations

SECTION 1. Section 41-41-20 of the 1976 Code is amended to read:

"Section 41-41-20. (A) A claimant found by the commission knowingly to have made a false statement or who knowingly failed to disclose a material fact when filing a compensable claim to establish his right to or increase the amount of his benefits is ineligible to receive benefits for any week for which the claim was filed and is ineligible to receive further benefits for not less than ten and not more than fifty-two consecutive weeks as determined by the commission according to the circumstances of the case, these weeks to commence with the date of the determination.

(B) If the commission finds that a fraudulent misrepresentation has been made by a claimant with the object of obtaining benefits under this chapter to which he was not entitled, in addition to any other penalty or prosecution provided under this chapter, the commission may make a determination that there must be deducted from benefits to which the claimant might become entitled during this present benefit year or the next subsequent benefit year, or both, an amount not less than two times his weekly benefit amount and not more than his maximum benefit amount payable in a benefit year, as determined under Chapter 35. This deduction takes effect on the date of the determination. An appeal from this determination must be made in the manner prescribed in Chapter 35, Article 5."

Recovery of benefits erroneously paid

SECTION 2. Section 41-41-40 of the 1976 Code, as amended by Act 181 of 1993, is further amended to read:

"Section 41-41-40. (A)(1) A person who has received a sum as benefits under Chapters 27 through 41 while conditions for the receipt of benefits imposed by these chapters were not fulfilled or while he was disqualified from receiving benefits is liable to repay the commission for the unemployment compensation fund a sum equal to the amount received by him.

(2) If full repayment of benefits, to which an individual was determined not entitled, has not been made the sum must be deducted from future benefits payable to him under Chapters 27 through 41, and the sum must be collectible in the manner provided in Sections 41-31-380 to 41-31-400 for the collection of past due contributions.

(3) The commission may attempt collection of overpayments through the South Carolina Department of Revenue in accordance with Section 12-56-10, et seq. If the overpayment is collectible in accordance with Section 12-56-60, the commission shall add to the amount of the overpayment a collection fee of not more than twenty-five dollars for each collection attempt to defray administrative costs.

(4) Notwithstanding any other provision of this section, no action to enforce recovery or recoupment of any overpayment may begin after five years from the date of the final determination.

(B)(1) A person who is overpaid any amounts as benefits under Chapters 27 through 41 is liable to repay those amounts, except as otherwise provided by this subsection.

(2) Upon written request by the person submitted to the commission within the statutory appeal period from the issuance of the determination of overpayment, the commission may waive repayment if the commission finds that the:

(a) overpayment was not due to fraud, misrepresentation, or wilful nondisclosure on the part of the person;

(b) overpayment was received without fault on the part of the person; and

(c) recovery of the overpayment from the person would be contrary to equity and good conscience.

(3) Decisions denying waiver requests are subject to the appeal provisions of Chapter 35.

(C) A person who has received a sum as benefits under the comparable unemployment law of any other state while conditions imposed by that law were not fulfilled or while he was disqualified from receiving benefits by that law is liable to repay the commission for the corresponding unemployment compensation fund of the other state a sum equal to the amount received by him if the other state has entered into an Interstate Reciprocal Overpayment Recovery Agreement with the State and has furnished the commission with verification of the overpayment as required by the agreement. Recovery of overpayments under this subsection are not subject to the provisions of subsections (A)(3) and (B)."

Time effective

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

Ratified the 4th day of April, 2002.

Approved the 10th day of April, 2002.