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660Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 20010501Primary Sponsor: J. Verne SmithAll Sponsors: J. Verne SmithDrafted Document Number: l:\s-res\jvs\006smit.mrh.docResiding Body: SenateCurrent Committee: Labor, Commerce and Industry Committee 12 SLCISubject: Employers, employees benefits and claims; unemployed unemployment compensation; Employment Security CommissionHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 20010501 Introduced, read first time, 12 SLCI referred to Committee Versions of This Bill
TO AMEND SECTION 41-27-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, TO EXPAND THE DEFINITION OF AN INSURED WORKER; TO AMEND SECTION 41-27-370 TO PROVIDE THAT THERE WILL BE NO PENSION REDUCTION IN WEEKLY BENEFITS IF THE RECIPIENT HAS CONTRIBUTED TO THE PENSION PLAN; TO AMEND SECTION 41-35-130 RELATING TO THE CHARGING OF BENEFITS TO FORMER EMPLOYERS; TO AMEND SECTION 41-41-20 TO AUTHORIZE THE COMMISSION TO REDUCE BENEFIT PAYMENTS TO CLAIMANTS WHO HAVE MADE FRAUDULENT MISREPRESENTATIONS; AND TO AMEND SECTION 41-41-40 TO AUTHORIZE THE COMMISSION TO COLLECT BENEFITS OVERPAID BY STATES ADMINISTERING COMPARABLE UNEMPLOYMENT LAWS FROM BENEFITS PAID IN SOUTH CAROLINA AND TO ALLOW THE COMMISSION TO WAIVE OVERPAYMENTS UNDER CERTAIN CIRCUMSTANCES FOR WHICH THE CLAIMANT IS NOT AT FAULT AND TO SPECIFY A FIVE-YEAR STATUTE OF LIMITATIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 41-27-310 of the 1976 Code is amended to read:
"Section 41-27-310. An 'insured worker' is an individual who has been paid wages in at least two quarters in his base period for insured work
equal to or exceeding one and one-half times the total of his wages paid in the quarter of such base period in which his wages for insured work were highest; provided, however, that no individual shall qualify as an insured worker unless he has been paid at least nine hundred dollars in his base period for insured work and five hundred forty dollars in that quarter of his base period in which such wages were highest."
SECTION 2. Section 41-27-370(2) of the 1976 Code is amended to read:
"(2) An individual is deemed 'unemployed' in any week during which no governmental or other pension, retirement or retired 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 or retired pay, annuity, or other similar periodic payment which is attributable to his employment must be paid with respect to such week a benefit in an amount equal to his weekly benefit amount less the pension, retirement or retired pay, annuity, or other similar periodic payment payable to him with respect to such week. Such benefit if not a multiple of one dollar must be computed to the next lower 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 is 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 must 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. However, if the provisions of the Federal Unemployment Tax Act permit, the requirements of this subsection 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 or chargeable employer.
In the event the individual has participated in any pension, retirement or retired pay, annuity, or other similar plan of the base period employer or chargeable employer by having made any contributions to such plan, there shall be no reduction in the weekly benefit amount payable to such individual for such week.
shall be reduced (but not below zero):
(a) by the pro-rated weekly amount of the pension after deductions of that portion of the pension that is directly attributable to the percentage of the contributions made to the plan by such individual; or
by no No part of the pension shall be deducted if the entire contributions to the plan were provided by such individual, or by the individual and an employer (or any other person or organization) who is not a base period employer or chargeable employer. ; or
(c) by the entire pro-rated weekly amount of the pension if item (a) or item (b) does not apply.
This provision is effective for all weeks commencing on or after August 29, 1982."
SECTION 3. Sections 41-35-130(a) and (b) of the 1976 Code are amended to read:
"(a) Benefits paid to any claimant for unemployment immediately after the expiration of disqualification for (1) voluntarily leaving his most recent work without good cause, (2) discharge from his most recent work for
misconduct cause connected with the employment or, (3) refusal of suitable work without good cause shall not be charged to the account of any employer.
(b) Benefits paid to any claimant shall not be charged against the account of any employer by reason of the provisions of this subparagraph only if the Commission determines under
Section Section 41-35-120 that such individual (1) voluntarily left his most recent employment with that employer without good cause connected with the employment or with good cause not connected with the employment, (2) was discharged from his most recent employment with that employer for misconduct connected with his work, or (3) subsequent to his most recent employment refused without good cause to accept an offer of suitable work made by that employer if, in any such case, such employer furnishes the Commission with such notices regarding the separation of the individual from work or the refusal of the individual to accept an offer of work as are or may be required by the law and the regulations of the Commission."
SECTION 4. Section 41-41-20 of the 1976 Code is amended to read:
"Section 41-41-20. (A) Any claimant found by the
Commission 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, shall be ineligible to receive any benefits for any week for which such claim was filed, and in addition shall be ineligible to receive any further benefits for not less than ten nor more than fifty-two consecutive weeks as determined by the Commission commission according to the circumstances of the case, such weeks to commence with the date of the determination. In any case the determination may be appealed in the same manner, within the same time, and through the same procedures as any other determination with respect to the benefit eligibility of a claimant.
(B) If the commission finds that any fraudulent misrepresentation has been made by a claimant with the object of obtaining benefits under this chapter to which he was not entitled, then, in addition to any other penalty or prosecution provided under this chapter, the commission may make a determination that there shall be deducted from any benefits to which such claimant might become entitled during this present benefit year and to any subsequent benefit year an amount not less then two times his weekly benefit amount and not more than his maximum benefit amount payable in a benefit year, as determined under Chapter 35 of this title, this deduction takes effect on the date of the determination. An appeal from this determination shall be made in the manner prescribed in Chapter 35, Article 5 of this title."
SECTION 5. Section 41-41-40 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 41-41-40. (A) Any person who
, has received any sum as benefits under Chapters 27 through 41 of this title while 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.
(1) 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.
(2) The commission may, at its discretion, attempt collection of overpayments through the South Carolina Department of Revenue in accordance with Section
12-7-2240 12-56-10, et seq. If the overpayment is collectible in accordance with Section 12-7-2240 12-56-60, the commission shall add to the amount of the overpayment a collection fee of ten not more than twenty-five dollars for each collection attempt to defray administrative costs.
(3) Notwithstanding any other provisions of this section, no action to enforce recovery or recoupment of any overpayment shall begin after five years from the date of the final determination.
(B) Any person who is overpaid any amounts as benefits under Chapters 27 through 41 of this title is liable to repay those amounts, except as otherwise provided by this subsection.
(1) Upon written request by any such 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:
(a) The overpayment was not due to fraud, misrepresentation, or willful nondisclosure on the part of such person;
(b) The overpayment was received without fault on the part of such person; and
(c) The recovery of the overpayment from such person would be contrary to equity and good conscience.
(2) Decisions denying waiver requests are subject to the appeal provisions of Chapter 35 of this title.
(C) Any person who has received any sum as benefits under the comparable unemployment law of any other state while any conditions imposed by such law were not fulfilled in his case or while he was disqualified from receiving benefits by such law shall be liable to repay the commission for the corresponding unemployment compensation fund of such other state a sum equal to the amount so received by him provided that such other state has entered into an Interstate Reciprocal Overpayment Recovery Agreement with the State of South Carolina and has furnished the commission with verification of such overpayment as required by the agreement. Recovery of overpayments under this subsection are not subject to the provisions of items (A)(2) and (B) of this section."
SECTION 6. This act takes effect upon approval by the Governor.
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