South Carolina General Assembly
125th Session, 2023-2024

Bill 151


Indicates Matter Stricken
Indicates New Matter


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

A bill

to amend the South Carolina Code of Laws by amending Section 41-35-50, relating to Maximum potential benefits for A year, so as to reduce the maximum potential benefits an unemployed person may RECEIVE in a benefit year from twenty weeks to thirteen weeks; and by amending Section 41-35-120, relating to Disqualification for benefits, so as to conform to the reduction in benefit weeks.

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

SECTION 1.   Section 41-35-50 of the S.C. Code is amended to read:

   Section 41-35-50.   (A) The maximum potential benefits of any insured worker in a benefit year are the lesser of:

   (1) twenty thirteen times his weekly benefit amount;

   (2) one-third of his wages for insured work paid during his base period.

   (B) If the resulting amount is not a multiple of one dollar, the amount must be reduced to the next lower multiple of one dollar, except that no insured worker may receive benefits in a benefit year unless, subsequent to the beginning of the next preceding benefit year during which he received benefits, he performed "insured work" as defined in Section 41-27-300 and earned wages in the employ of a single employer in an amount equal to not less than eight times the weekly benefit amount established for the individual in the preceding benefit year.

SECTION 2.   Section 41-35-120(2)(a) of the S.C. Code is amended to read:

   An insured worker is ineligible for benefits for:

   (2)(a) Discharge for misconduct connected with the employment. If the department finds that he has been discharged for misconduct connected with his most recent work prior to filing a request for determination of insured status or a request for initiation of a claim series within an established benefit year, with ineligibility beginning with the effective date of the request, and continuing for the next twenty thirteen weeks, in addition to the waiting period, with a corresponding and mandatory reduction of the insured worker's benefits to be calculated by multiplying his weekly benefit amount by twentythirteen. For the purposes of this item, "misconduct" is limited to conduct evincing such wilful and wanton disregard of an employer's interests as is found in deliberate violations or disregard of standards of behavior which the employer has the right to expect of his employee, or in the carelessness or negligence of such degree or recurrence as to manifest equal culpability, wrongful intent, or evil design, or to show an intentional and substantial disregard of the employer's interest or of the employee's duties and obligations to his employer. No finding of misconduct may be made for discharge resulting from an extreme hardship, emergency, sickness, or other extraordinary circumstance.

SECTION 3.   This act takes effect upon approval by the Governor.

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This web page was last updated on February 08, 2023 at 02:31 PM