H 4057 General Bill, By J.H. Neal, Govan, Breeland, J. Brown, R. Brown, Clyburn, 
Cobb-Hunter, Hosey, Howard, Littlejohn, Lloyd, Mack, Moody-Lawrence, Parks, 
Rivers and Snow
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7
 TO CHAPTER 35, TITLE 41 SO AS TO PROVIDE FOR AN ALTERNATIVE BASE PERIOD FOR
 CERTAIN CLAIMANTS OF BENEFITS UNDER THE SOUTH CAROLINA EMPLOYMENT SECURITY
 LAW, TO DEFINE "ALTERNATIVE BASE PERIOD", AND TO FURTHER PROVIDE THAT, WHEN
 CERTAIN INFORMATION IS NOT AVAILABLE, THE COMMISSION MAY BASE THE
 DETERMINATION FOR ELIGIBILITY FOR UNEMPLOYMENT INSURANCE BENEFITS ON THE
 AFFIDAVIT OF A CLAIMANT WITH RESPECT TO WEEKS AND WAGES FOR CERTAIN CALENDAR
 QUARTERS.

   04/24/03  House  Introduced and read first time HJ-11
   04/24/03  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-11

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 35, TITLE 41 SO AS TO PROVIDE FOR AN ALTERNATIVE BASE PERIOD FOR CERTAIN CLAIMANTS OF BENEFITS UNDER THE SOUTH CAROLINA EMPLOYMENT SECURITY LAW, TO DEFINE "ALTERNATIVE BASE PERIOD", AND TO FURTHER PROVIDE THAT, WHEN CERTAIN INFORMATION IS NOT AVAILABLE, THE COMMISSION MAY BASE THE DETERMINATION FOR ELIGIBILITY FOR UNEMPLOYMENT INSURANCE BENEFITS ON THE AFFIDAVIT OF A CLAIMANT WITH RESPECT TO WEEKS AND WAGES FOR CERTAIN CALENDAR QUARTERS.

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

SECTION    1.    Chapter 35, Title 41 of the 1976 Code is amended by adding:

Section 41-35-810.    For purposes of Chapters 27 through 41 of this title, the South Carolina Employment Law, 'alternative base period' means:

(1)    the last four completed calendar quarters immediately preceding the claimants benefit period; or

(2)    the last three completed calendar quarters immediately preceding the benefit period; and

(3)    of the calendar quarter in which the benefit period commences, the portion of the quarter which occurs before the commencing of the benefit period.

Section 41-35-820.    (A)    If a claimant does not have sufficient qualifying weeks or wages in the base period to qualify for unemployment insurance benefits, the claimant has the option of designating that his base period must be the alternative base period.

(B)    The commission must inform the claimant of the option under this section.

Section 41-35-830.    If information regarding weeks and wages for the calendar quarter or quarters immediately preceding the benefit period is not available from the regular quarterly reports of wage information, and the commission is not able to obtain the information using other means pursuant to state or federal law, the commission may base the determination for eligibility for unemployment insurance benefits on the affidavit of a claimant with respect to weeks and wages for that calendar quarter. The claimant shall furnish payroll documentation, if available, in support of the affidavit. A determination of unemployment insurance benefits based on an alternative base period shall be adjusted when the quarterly report of wage information from the employer is received, if that information causes a change in the determination."

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