2016 South Carolina Code of Laws
Title 41 - Labor and Employment
CHAPTER 35 - EMPLOYMENT AND WORKFORCE - BENEFITS AND CLAIMS THEREFOR
Section 41-35-320. Payment of extended unemployment security benefits when federally funded.

(1) For a week in which one hundred percent federal sharing funding is available, there is an "on" indicator for a week:

(a) beginning after March 7, 2009; and

(b) ending four weeks before the last week of unemployment for which one hundred percent federal sharing is available under Section 2005(a) of Public Law No. 111-5, or an amendment of this provision, without regard to the extension of federal sharing for certain claims as provided under Section 2005(c) of this law.

(2) There is a state "on" indicator for this State for a week in which the United States Secretary of Labor determines that for the period consisting of the most recent three months, the rate of total unemployment, seasonally adjusted, equaled or exceeded six and a half percent, and the average rate of total unemployment for the State, seasonally adjusted, as determined by the United States Secretary of Labor for this period equals or exceeds one hundred ten percent of the average unemployment for the State in one or more of the corresponding three-month periods ending in the three preceding calendar years.

(3)(a) Effective with respect to weeks beginning in a "high unemployment period", Section 41-35-440 must be applied by substituting:

(i) "eighty percent" for "fifty percent" in item (1)(a) of that section; and

(ii) "twenty;" for "thirteen" in item (1)(b) of that section.

(b) For the purpose of this section, a "high unemployment period" exists during a period in which an extended benefit period would be in effect by substituting "eight percent" for "six and a half percent" in subsection (2).

(4) There is a state "off" indicator for the purpose of this section when a condition of subsection (2) is not satisfied.

(5) Notwithstanding a provision of Section 41-35-380, an individual's "eligibility period" must include an eligibility period provided in Section 2005(b) of Public Law 111-5 and an amendment of this provision.

(6) The department shall implement procedures to allow retroactive claims, but these procedures must conform to conditions of federal funding.

HISTORY: 2009 Act No. 123, Section 1, eff October 29, 2009; 2011 Act No. 3, Section 13, eff March 14, 2011.

Code Commissioner's Note

At the direction of the Code Commissioner "department" was substituted for "Commission" to conform to 2010 Act No. 146.

Effect of Amendment

The 2011 amendment, in subsection (2) substituted "in one or more" for "for either or both" and "three preceding calendar years" for "two preceding calendar years"; and in subsection (6) substituted "department" for "commission".