South Carolina General Assembly
115th Session, 2003-2004

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Bill 4662


Indicates Matter Stricken
Indicates New Matter


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 41-31-660, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THOSE EMPLOYEES REQUIRED TO REIMBURSE THE SOUTH CAROLINA EMPLOYMENT COMMISSION FOR UNEMPLOYMENT BENEFITS PAID THAT ARE ATTRIBUTABLE TO SUCH AN EMPLOYER, SO AS TO PROVIDE THAT NO REIMBURSEMENT IS REQUIRED WHEN THE EMPLOYER IS AN ENTITY OF PUBLIC EDUCATION AND THE EMPLOYMENT SECURITY COMMISSION DETERMINES THAT THE INDIVIDUAL WAS SEPARATED FROM EMPLOYMENT BY SUCH AN ENTITY BECAUSE OF CERTIFICATION REQUIREMENTS IMPOSED BY STATE OR FEDERAL LAW AND THE INDIVIDUAL WAS UNABLE TO MEET THOSE CERTIFICATION REQUIREMENTS BY VIRTUE OF INABILITY.

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

SECTION    1.    Section 41-31-660 of the 1976 Code is amended by adding a new item at the end to read:

"(4)    Notwithstanding any other provisions of this section, the State or any political subdivision or any instrumentality of the State or political subdivision which is an educational institution as defined by Section 41-27-340 is not required to reimburse regular or extended benefits attributable to service in its employ if the commission determines that the individual has been separated because of certification requirements imposed by state or federal law and the individual was unable to meet those requirements because of mere inability of incapacity."

SECTION    2.    This act takes effect upon approval by the Governor.

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