S 0850 General Bill, By M.T. Rose
 A Bill to amend Section 41-35-130, Code of Laws of South Carolina, 1976,
 relating to unemployment benefits, so as to charge the General Fund with the
 benefit payments for employees who replaced servicemen and were laid-off due
 to their return.

   04/04/91  Senate Introduced and read first time SJ-6
   04/04/91  Senate Referred to Committee on Finance SJ-6

A BILL

TO AMEND SECTION 41-35-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNEMPLOYMENT BENEFITS, SO AS TO CHARGE THE GENERAL FUND WITH THE BENEFIT PAYMENTS FOR EMPLOYEES WHO REPLACED SERVICEMEN AND WERE LAID-OFF DUE TO THEIR RETURN.

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

SECTION 1. Section 41-35-130 is amended to read:

"Section 41-35-130. (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 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 commission determines under Section 41-35-120 that such individual (1) voluntarily left his most recent employment with that employer without good cause, (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 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 commission.

(c) If benefits are paid pursuant to a decision which is finally reversed in subsequent proceedings with respect thereto, no employer's account shall be charged with benefits so paid.

(d) Any benefits paid to any claimant for a week in which he is in training with the approval of the Commission commission shall not be charged to any employer.

(e) The provisions of paragraphs (a) through (d), all inclusive, hereof with respect to the noncharging of benefits paid shall be applicable only to those employers subject to the payment of contributions.

(f) Benefits paid to a claimant during an extended benefit period as defined in Chapter 35, Article 3, shall not be charged to any employer; provided, however, that any non-profit organization electing to become liable for payments in lieu of contributions in accord with Section 41-31-620 shall be required to reimburse fifty per cent of extended benefits attributable to services performed in its employ and provided, further, that after January 1, 1979, the State or any political subdivision or any instrumentality thereof as defined in Section 41-27-230(2)(b) electing to become liable for payment in lieu of contributions in accord with Section 41-31-620 shall be required to reimburse all extended benefits attributable to services performed in its employ.

(g) Any nonprofit organization which elects to make payments in lieu of contributions into the unemployment compensation fund as provided in Section 41-31-620(2) or Section 41-31-810 shall not be liable to make such payments with respect to the benefits paid to any individual whose base period wages include wages for previously uncovered services as defined in Section 41-35-65 to the extent that the unemployment compensation fund is reimbursed for such benefits pursuant to Section 121 of P.L. 94-566.

(h) Benefits paid to any individual whose base period wages include wages for previously uncovered services as defined in Section 41-35-65 shall not be charged against the account of any employer to the extent that the unemployment compensation fund is reimbursed for such benefits pursuant to Section 121 of P.L. 94-566.

(i) An employer must not be charged with benefits paid to a laid-off employee if the bona fide employer lists an objection in a statement filed in accordance with Section 41-31-170 that the employee receiving the benefits was hired to replace a member of the United States Armed Forces called into active duty and was laid-off due to the serviceman's return to work. The general fund must be charged with the benefit payments of the laid-off employee."

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