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Indicates Matter Stricken
Indicates New Matter
AMENDED
February 26, 2002
H. 4013
S. Printed 2/26/02--H.
Read the first time April 25, 2001.
TO AMEND SECTION 41-27-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "INSURED WORKER" UNDER THE SOUTH CAROLINA EMPLOYMENT SECURITY LAW, SO AS TO PROVIDE THAT THIS TERM IS DEPENDENT UPON PAYMENT OF WAGES IN AT LEAST TWO QUARTERS RATHER THAN UPON THE AMOUNT OF WAGES PAID IN A SPECIFIED PERIOD; TO AMEND SECTION 41-27-370, AS AMENDED, RELATING TO THE DEFINITION OF "UNEMPLOYED", SO AS TO PROVIDE THAT IF AN INDIVIDUAL HAS MADE ANY CONTRIBUTIONS TO A RETIREMENT OR OTHER TYPE PLAN THERE MUST NOT BE A REDUCTION IN THE WEEKLY BENEFIT AMOUNT PAYABLE TO THE INDIVIDUAL; TO AMEND SECTION 41-35-130, RELATING TO UNEMPLOYMENT BENEFIT PAYMENTS WHICH MAY NOT BE CHARGED TO A FORMER EMPLOYER, SO AS TO CLARIFY THAT SUCH PAYMENTS MAY NOT BE CHARGED IF THE PERSON LEFT EMPLOYMENT FOR GOOD CAUSE NOT CONNECTED WITH THE EMPLOYMENT; TO AMEND SECTION 41-41-20, RELATING TO THE SUSPENSION OF 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.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 41-41-20 of the 1976 Code is amended to read:
"Section 41-41-20. (A) Any 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, shall be is ineligible to receive any benefits for any week for which such the claim was filed, and in addition shall be is ineligible to receive any further benefits for not less than ten nor and not more than fifty-two consecutive weeks as determined by the commission according to the circumstances of the case, such these 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 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."
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) Any A person who, has received any a sum as benefits under Chapters 27 through 41 of this title while any conditions for the receipt of benefits imposed by such these chapters were not fulfilled in his case or while he was disqualified from receiving benefits shall be is liable to repay the commission for the unemployment compensation fund a sum equal to the amount so received by him.
(2) In the event If full repayment of benefits, to which an individual was determined not entitled, has not been made such the sum will must be deducted from any future benefits payable to him under Chapters 27 through 41 of this title, and such the sum shall 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, 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.
(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)."
SECTION 3. This act takes effect upon approval by the Governor.
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