2023 South Carolina Code of Laws
Title 41 - Labor and Employment
Chapter 35 - Employment And Workforce - Benefits And Claims
Section 41-35-40. Weekly benefit amount; procedure for reconsideration of determinations.

(A) An insured worker's weekly benefit amount is fifty percent of his weekly average wage, as defined in Section 41-27-140, and the weekly benefit amount, if not a multiple of one dollar, must be computed to the next lower multiple of one dollar. However, no insured worker's weekly benefit amount may be less than forty-two dollars nor greater than sixty-six and two-thirds percent of the statewide average weekly wage most recently computed before the beginning of the individual's benefit year.

(B) The maximum weekly benefit amount set each year by the department within the range established in subsection (A) must be published on the department's website.

(C) The procedure for reconsideration of determinations pursuant to Section 41-35-640 is the sole and exclusive procedure and remedy for disputing the department's determination of an insured worker's weekly benefit amount.

HISTORY: 1962 Code Section 68-104; 1952 Code Section 68-104; 1942 Code Section 7035-83; 1936 (39) 1716; 1939 (41) 487; 1941 (42) 369; 1945 (44) 375; 1948 (45) 1762; 1955 (49) 480; 1961 (52) 453; 1973 (58) 412; 1983 Act No. 62 Section 5; 2010 Act No. 234, Section 4, eff January 1, 2011; 2022 Act No. 229 (S.1090), Section 1.A, eff June 17, 2022.

Editor's Note

2022 Act No. 229, preamble and Section 1.B, provide as follows:

"Whereas, pursuant to Section 41-27-40, the General Assembly has the right to amend or repeal all or any part of Chapters 27 through 41 of this title at any time and there is no vested private right of any kind against such amendment or repeal; and

"Whereas, the General Assembly intended to charge the department with the administration of Title 41, Chapters 27 through 41, which includes the enforcement, interpretation, and execution of Section 41-35-40; and

"Whereas, the General Assembly has known of the department's enforcement, interpretation, and execution of Section 41-35-40 regarding the weekly maximum benefit amounts paid to claimants; and

"Whereas, the General Assembly has continuously approved the decades long practice by the department and its predecessor, the Employment Security Commission, of exercising its discretion to set a weekly maximum amount of unemployment benefits that an individual may receive in a week for the legitimate legislative purpose of ensuring the solvency of the unemployment insurance trust fund and that there are adequate funds to pay unemployment insurance benefits to individuals unemployed through no fault of their own; and

"Whereas, the General Assembly believes that the department's enforcement, interpretation, and execution of Section 41-35-40 has been and continues to be reasonable and consistent with the General Assembly's intent and charge to administer Section 41-35-40; and

"Whereas, the General Assembly intends to explicitly reaffirm that the department has always had the discretion to establish a maximum amount of unemployment benefits an individual may receive each week; and

"Whereas, the General Assembly intends for this act to apply retroactively and govern all claims for unemployment insurance filed on or after July 1, 2007, and to apply to all proceedings disputing the department's calculation of an unemployed individual's maximum weekly benefit amount pending on or commenced after the date of the enactment of this act. [Text of act.]"

"[SECTION 1.]B. The General Assembly ratifies and affirms that the department has reasonably and faithfully interpreted, executed, and enforced the provisions contained in Section 41-35-40 in accordance with its charge of the administration of the statute and the General Assembly's intent. The provisions of this SECTION shall apply retroactively to govern all claims for unemployment insurance benefits on or after July 1, 2007, so that all such claims are subject to the maximum weekly benefit amount set by the department at the time the claim was filed."

Effect of Amendment

The 2010 amendment substituted "forty-two dollars" for "twenty dollars" in the second sentence.

2022 Act No. 229, Section 1.A, inserted the (A) designator, and added (B) and (C).