H 3602 Session 112 (1997-1998)
H 3602 General Bill, By Sheheen, Boan, Canty, Cooper, Delleney, Haskins, Howard,
B.L. Jordan, Knotts, Koon, L.H. Limbaugh, Littlejohn, Maddox, W. McLeod, Rice,
Scott, F. Smith, Walker and Wilder
A BILL TO AMEND SECTION 42-7-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO THE DESIGNATION OF "AVERAGE WEEKLY WAGE" FOR CERTAIN
CATEGORIES OF PERSONS FOR PURPOSES OF COMPUTING WORKERS' COMPENSATION
BENEFITS, SO AS TO CHANGE THE PROVISIONS REGARDING THE AVERAGE WEEKLY WAGE FOR
VOLUNTEER FIREMEN.
03/06/97 House Introduced and read first time HJ-3
03/06/97 House Referred to Committee on Labor, Commerce and
Industry HJ-3
A BILL
TO AMEND SECTION 42-7-65, AS AMENDED, CODE OF LAWS
OF SOUTH CAROLINA, 1976, RELATING TO THE
DESIGNATION OF "AVERAGE WEEKLY WAGE" FOR
CERTAIN CATEGORIES OF PERSONS FOR PURPOSES OF
COMPUTING WORKERS' COMPENSATION BENEFITS, SO AS
TO CHANGE THE PROVISIONS REGARDING THE AVERAGE
WEEKLY WAGE FOR VOLUNTEER FIREMEN.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 42-7-65 of the 1976 Code, as last amended
by Act 259 of 1996, is further amended to read:
"Section 42-7-65. Notwithstanding the provisions of Section
42-1-40, for the purpose of this title and while serving in this
capacity, the total average weekly wage of the following categories
of employees is the following:
(1) For all members of the State and National Guard, regardless of
rank, seventy-five percent of the average weekly wage in the State for
the preceding fiscal year, or the average weekly wage the service
member would be entitled to, if any, if injured while performing his
civilian employment, if the average weekly wage in his civilian
employment is greater.
(2) For all voluntary firemen of organized voluntary rural fire
units and voluntary municipal firemen, thirty-seven and one-half
percent of the average weekly wage in the State for the preceding
fiscal year Notwithstanding any other provision of this
section, the total average weekly wage for a voluntary fireman of an
organized voluntary rural fire unit and for a voluntary municipal
fireman is the average weekly wage established and computed for his
regular employment in accordance with Section 42-1-40.
(3) For all members of organized volunteer rescue squads,
thirty-seven and one-half percent of the average weekly wage in the
State for the preceding fiscal year.
(4) For all volunteer deputy sheriffs, thirty-seven and one-half
percent of the average weekly wage in the State for the preceding
fiscal year.
The wages provided in items (2), (3), and (4) of this
section may not be increased as a basis for any computation of
benefits because of employment other than as a volunteer. Persons in
the categories provided by items (2), (3), and (4) must
be notified of the limitation on average weekly wages prescribed in
this section by the authority responsible for obtaining coverage
under this title.
Volunteer firemen and rescue squad members are construed to mean
members of organized units whose membership is certified to the
municipal clerk or chairman of the council of the municipality or
county in which their unit is based by the chief officer of the unit
concerned. A volunteer deputy sheriff is a volunteer whose
membership is certified by the sheriff to the governing body of the
county. No organized volunteer firemen, rescue squad members, or
volunteer deputy sheriff may be included under the provisions of this
title unless approved by the governing body of the county or
municipality.
The average weekly wage for inmates of the State Department of
Corrections as defined in Section 42-1-480 is forty dollars a week.
The average weekly wage for county prisoners is forty dollars a
week. The average weekly wage for students of high schools, state
technical schools, and state-supported colleges and universities while
engaged in work study, marketing education, or apprentice programs
on the premises of private companies or while engaged in the Tech
Prep or other structured school to work programs on the premises of
a sponsoring employer is fifty percent of the average weekly wage in
the State for the preceding fiscal year."
SECTION 2. This act takes effect upon approval by the Governor.
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