reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 33 - Employment And Workforce - Funds › Section 41-33-150. Appropriation law required for requisitions from unemployment trust fund for payment of administrative expenses; warrants.

Money credited to the account of this State in the unemployment trust fund by the Secretary of the Treasury of the United States pursuant to Section 903 of the Social Security Act, as amended, may be requisitioned and used for the payment of expenses incurred for the administration of Chapters 27 through 41 of this title pursuant to a specific appropriation by the General Assembly, provided that the expenses are incurred and the money is requisitioned after the enactment of an appropriation law which:
(1) specifies the purposes for which the money is appropriated and the amounts appropriated therefor;
(2) limits the period within which the money may be obligated to a period ending not more than two years after the date of the enactment of the appropriation law;
(3) limits the amount which may be obligated during any twelve-month period beginning on July first and ending on the next June thirtieth to an amount which does not exceed the amount by which (a) the aggregate of the amounts credited to the account of this State pursuant to Section 903 of the Social Security Act, as amended, during the same twelve-month period and the twenty-fourth preceding twelve-month periods, exceeds (b) the aggregate of the amounts obligated for administration and paid out for benefits and charged against the amounts credited to the account of this State during the twenty-five twelve-month periods; and
(4) an appropriation pursuant to this section also shall incorporate those requirements specified in Section 903(c) of the Social Security Act, as amended, as a condition of payment of expenses of administration.
HISTORY: 1962 Code Section 68-313.2; 1952 Code Section 68-313; 1942 Code Section 7035-89; 1936 (39) 1716; 1939 (41) 487; 1941 (42) 369; 1957 (50) 580; 1959 (51) 286; 1964 (53) 2089; 1969 (56) 248; 1973 (58) 248; 1991 Act No. 167, Section 1, eff June 12, 1991.
Effect of Amendment
The 1991 amendment in the first paragraph changed the word "legislature" to "General Assembly"; added item (4); and made grammatical changes.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 33 - Employment And Workforce - Funds › Section 41-33-160. Disposition of money appropriated from unemployment trust fund for administrative expenses.

Money appropriated as provided in Section 41-33-150 for the payment of expenses of administration shall be requisitioned as needed for the payment of obligations incurred under such appropriation and, upon requisition, shall be deposited in the employment security administration fund from which such payment shall be made. Money so deposited shall, until expended, remain a part of the employment fund and, if it will not be expended, shall be returned promptly to the account of this State in the unemployment trust fund.
HISTORY: 1962 Code Section 68-313.3; 1952 Code Section 68-313; 1942 Code Section 7035-89; 1936 (39) 1716; 1939 (41) 487; 1941 (42) 369; 1957 (50) 580; 1959 (51) 286; 1964 (53) 2089.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 33 - Employment And Workforce - Funds › Section 41-33-170. Disposition of unused amounts in benefit payment account.

A balance of money requisitioned from the unemployment trust fund under Section 41-33-80 which remains unclaimed or unpaid in the benefit account and the benefit payment account after the expiration of the period for which those sums were requisitioned either must be deducted from an estimate for, and may be used for the payment of, a benefit during a succeeding period or, in the discretion of the department, must be redeposited with the Secretary of the Treasury of the United States to the credit of this State's account in the unemployment trust fund, as provided in Section 41-33-50.
HISTORY: 1962 Code Section 68-314; 1952 Code Section 68-314; 1942 Code Section 7035-89; 1936 (39) 1716; 1939 (41) 487; 1941 (42) 369; 2010 Act No. 146, Section 63, eff March 30, 2010.
Effect of Amendment
The 2010 amendment substituted "department" for "Commission"; and made other nonsubstantive changes.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 33 - Employment And Workforce - Funds › Section 41-33-180. Withdrawals from unemployment trust fund for certain federal benefits.

Money also may be requisitioned from this State's account in the unemployment trust fund for the payment of benefits under an unemployment compensation, unemployment insurance, or unemployment benefit law administered by a bureau, department, division, agency, or instrumentality of the United States to which the department has made available its personnel and facilities for the taking, processing, determination, and paying of claims pursuant to Section 41-29-230. No money may be drawn from the unemployment trust fund for the purpose of paying benefits for or on behalf of the United States unless a provision first is made by law, agreement, or contract for the reimbursement of the money by the bureau, department, division, agency, or instrumentality of the United States for or on behalf of which the benefits have been paid.
HISTORY: 1962 Code Section 68-315; 1952 Code Section 68-315; 1945 (44) 45; 2010 Act No. 146, Section 64, eff March 30, 2010.
Effect of Amendment
The 2010 amendment substituted "department" for "Commission"; and made other nonsubstantive changes.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 33 - Employment And Workforce - Funds › Section 41-33-190. Bank account for payment of certain federal benefits.

The department may establish bank accounts other than the benefit payment account and deposit in them money requisitioned from the unemployment trust fund for the payment of benefits for or on behalf of the United States as provided in Section 41-33-180. All provisions of this article governing the deposit, administration, mode of check signing, and safeguarding of the benefit payment account must apply to an account established by the department under this section.
HISTORY: 1962 Code Section 68-316; 1952 Code Section 68-316; 1945 (44) 45; 2010 Act No. 146, Section 65, eff March 30, 2010.
Effect of Amendment
The 2010 amendment substituted "department" for two occurrences of "Commission"; and made other nonsubstantive changes.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 33 - Employment And Workforce - Funds › Section 41-33-200. Disposition of unused funds withdrawn for certain federal benefits.

A balance of money requisitioned from the unemployment trust fund under Section 41-33-180 which remains unclaimed or not disbursed in those accounts after the expiration of the period for which the sums were requisitioned either must be deducted from estimates for, and used in the payment of, benefits during succeeding periods or, in the discretion of the department, must be redeposited with the Secretary of the Treasury of the United States to the credit of this State's account in the unemployment trust fund, as provided in Section 41-33-50.
HISTORY: 1962 Code Section 68-317; 1952 Code Section 68-317; 1945 (44) 45; 2010 Act No. 146, Section 66, eff March 30, 2010.
Effect of Amendment
The 2010 amendment substituted "department" for "Commission"; and made other nonsubstantive changes.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 33 - Employment And Workforce - Funds › Section 41-33-210. Management of funds upon discontinuance of unemployment trust funds.

The provisions of this article to the extent that they relate to the unemployment trust fund must be operative only so long as the Secretary of the Treasury of the United States continues to maintain for this State a separate book account of all funds deposited in the trust fund by this State for benefit purposes, together with this State's proportionate share of the earnings of the unemployment trust fund, from which no other state is permitted to make withdrawals. If and when the unemployment trust fund ceases to exist or a separate book account is no longer maintained, all money, properties, or securities in the trust fund belonging to the unemployment compensation fund of this State must be transferred to the treasurer of the unemployment compensation fund, who shall hold, invest, transfer, sell, deposit, and release the money, properties, or securities in a manner approved by the department in accordance with the provisions of Chapters 27 through 41 of this title. This money must be invested only in readily marketable bonds or other interest bearing obligations of the United States or of this State or a political subdivision of this State and these investments at all times must be made so that all the assets of the fund always must be readily convertible into cash when needed for the payment of benefits. The treasurer shall dispose of securities or other properties belonging to the unemployment compensation fund only under the direction of the department in accordance with the purposes and provisions of Chapters 27 through 41 of this title.
HISTORY: 1962 Code Section 68-318; 1952 Code Section 68-318; 1942 Code Section 7035-89; 1936 (39) 1716; 1939 (41) 487; 1941 (42) 369; 2010 Act No. 146, Section 67, eff March 30, 2010.
Effect of Amendment
The 2010 amendment substituted "department" for two occurrences of "Commission"; and made other nonsubstantive changes.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 33 - Employment And Workforce - Funds › Section 41-33-220. Liability of State Treasurer on bond.

The State Treasurer shall be liable on his official bond for the faithful performance of his duties in connection with the unemployment compensation fund under Chapters 27 through 41 of this Title. All sums recovered for losses sustained by the fund shall be deposited therein.
HISTORY: 1962 Code Section 68-319; 1952 Code Section 68-319; 1942 Code Section 7035-89; 1936 (39) 1716; 1939 (41) 487; 1941 (42) 369.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 33 - Employment And Workforce - Funds › Section 41-33-410. Creation and contents of Department of Employment and Workforce administration fund.

There is hereby created in the State Treasury a special fund to be known as the Department of Employment and Workforce administration fund. The fund shall consist of any money appropriated by this State in accordance with Section 41-33-460; all money received from the United States, or any agency thereof, and all money received from any other source for the administration of Chapters 27 through 41 of this title; all money received from any agency of the United States or any other state as compensation for services or facilities supplied to such agency; all amounts received pursuant to any surety bond or insurance policy or from other sources for losses sustained by the Department of Employment and Workforce administration fund or by reason of damage to property, equipment, or supplies purchased from money in such fund; and all proceeds realized from the sale or disposition of any such property, equipment, or supplies which may no longer be necessary for the proper administration of Chapters 27 through 41 of this title. Notwithstanding any provision of this section, all money requisitioned and deposited in this fund pursuant to Section 41-33-160 shall remain part of the unemployment compensation fund and shall be used only in accordance with the conditions specified in Sections 41-33-130 to 41-33-160.
HISTORY: 1962 Code Section 68-331; 1952 Code Section 68-331; 1942 Code Section 7035-93; 1936 (39) 1716; 1939 (41) 487; 1941 (42) 369; 1957 (50) 580; 2011 Act No. 3, Section 12, eff March 14, 2011.
Effect of Amendment
The 2011 amendment, in the first and second sentences, substituted "Department of Employment and Workforce" for "employment security" and "this title" for "this Title".
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 33 - Employment And Workforce - Funds › Section 41-33-420. Deposit, administration, and disbursement of fund.

All money in the Department of Employment and Workforce administration fund shall be deposited, administered, and disbursed in the same manner and under the same conditions and requirements as are provided by law for other special funds in the State Treasury, except that money in this fund shall not be commingled with other state funds, but shall be maintained in a separate account on the books of a depository bank. They shall be secured by such bank or banks by such securities or surety bond as required by law of depositories of state funds.
HISTORY: 1962 Code Section 68-332; 1952 Code Section 68-332; 1942 Code Section 7035-93; 1936 (39) 1716; 1939 (41) 487; 1941 (42) 369; 1957 (50) 580; 2011 Act No. 3, Section 12, eff March 14, 2011.
Effect of Amendment
The 2011 amendment, in the first sentence, substituted "Department of Employment and Workforce" for "employment security"; and in the first and second sentences, substituted "state funds" for "State funds".
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 33 - Employment And Workforce - Funds › Section 41-33-430. Use of fund; requisitions and warrants.

Monies deposited or paid into the fund are appropriated and made available to the department. Money in this fund must be expended solely for the purpose of defraying the cost of the administration of Chapters 27 through 41 of this title and for no other purpose. A balance in the fund may not lapse at any time but continuously must be available to the department for expenditure consistent with Chapters 27 through 41 of this title. The department shall issue its requisition approved by the director or a designated individual, officer, or agent for payment of the costs of administration to the Comptroller General who shall draw his warrant in the usual form provided by law on the State Treasurer, who shall pay it by check on the Department of Employment and Workforce administration fund.
HISTORY: 1962 Code Section 68-333; 1952 Code Section 68-333; 1942 Code Section 7035-93; 1936 (39) 1716; 1939 (41) 487; 1941 (42) 369; 1957 (50) 580; 2010 Act No. 146, Section 68, eff March 30, 2010; 2011 Act No. 3, Section 12, eff March 14, 2011.
Effect of Amendment
The 2010 amendment substituted "department" for three occurrences of "Commission"; and made other nonsubstantive changes.
The 2011 amendment, in the fourth sentence, substituted "director" for "chairman", "individual" for "member", and "Department of Employment and Workforce" for "employment security".
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 33 - Employment And Workforce - Funds › Section 41-33-440. Expenditure of monies in fund.

All monies in the Department of Employment and Workforce administration fund except money received pursuant to Section 41-33-160 shall be expended solely for the purposes and in the amounts found necessary by the Secretary of Labor, or his successors, for the proper and efficient administration of Chapters 27 through 41 of this title.
HISTORY: 1962 Code Section 68-334; 1952 Code Section 68-334; 1942 Code Section 7035-93; 1936 (39) 1716; 1939 (41) 487; 1941 (42) 369; 1957 (50) 580; 2011 Act No. 3, Section 12, eff March 14, 2011.
Effect of Amendment
The 2011 amendment substituted "Department of Employment and Workforce" for "employment security", and "title" for "Title" at the end.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 33 - Employment And Workforce - Funds › Section 41-33-450. Liability of State Treasurer on bond.

The State Treasurer shall be liable on his official bond for the faithful performance of his duties in connection with the Department of Employment and Workforce administration fund.
HISTORY: 1962 Code Section 68-335; 1952 Code Section 68-335; 1942 Code Section 7035-93; 1936 (39) 1716; 1939 (41) 487; 1941 (42) 369; 1957 (50) 580; 2011 Act No. 3, Section 12, eff March 14, 2011.
Effect of Amendment
The 2011 amendment substituted "Department of Employment and Workforce" for "employment security".
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 33 - Employment And Workforce - Funds › Section 41-33-460. State shall replace funds lost or improperly spent.

Money in the Department of Employment and Workforce administration fund, paid to this State under Title III of the Social Security Act and the Wagner-Peyser Act, found by the Secretary of Labor, or his successors, because of an action or contingency, to have been lost or expended for a purpose other than, or in an amount in excess of, those found necessary by the Secretary of Labor, for the proper administration of the department's employment and workforce program, it is the policy of this State that the money must be replaced by money appropriated for this purpose from the general funds of this State to the Department of Employment and Workforce administration fund for expenditures as provided in Section 41-33-430. Funds that have been expended by the department or its agents pursuant to a budget approved by the Secretary of Labor, pursuant to the general standards and limitations promulgated by the Secretary of Labor, before this expenditure, when proposed expenditures have not been specifically disapproved by the Secretary of Labor, must not be considered to require replacement.
HISTORY: 1962 Code Section 68-336; 1952 Code Section 68-336; 1942 Code Section 7035-93; 1936 (39) 1716; 1939 (41) 487; 1941 (42) 369; 1957 (50) 580; 2010 Act No. 146, Section 69, eff March 30, 2010; 2011 Act No. 3, Section 12, eff March 14, 2011.
Effect of Amendment
The 2010 amendment substituted "department" for "Commission"; and made other nonsubstantive changes.
The 2011 amendment twice substituted "Department of Employment and Workforce" for "employment security", and substituted "department's employment and workforce program" for "employment security program".
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 33 - Employment And Workforce - Funds › Section 41-33-470. Reports to State Fiscal Accountability Authority and the Department of Administration.

The department shall report to the State Fiscal Accountability Authority and the Department of Administration in the same manner as is required generally for the submission of financial requirements for the ensuing year and the board shall include in its request for general appropriations presented to the General Assembly at its next regular session a statement of the amounts required for any replacement required by Section 41-33-460.
HISTORY: 1962 Code Section 68-337; 1952 Code Section 68-337; 1942 Code Section 7035-93; 1936 (39) 1716; 1939 (41) 487; 1941 (42) 369; 2010 Act No. 146, Section 70, eff March 30, 2010; 2011 Act No. 3, Section 12, eff March 14, 2011.
Effect of Amendment
The 2010 amendment substituted "department" for "Commission".
The 2011 amendment made no apparent changes.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 33 - Employment And Workforce - Funds › Section 41-33-610. Department of Employment and Workforce special administration fund.

(A) There is created in the State Treasury a special fund to be known as the Department of Employment and Workforce special administration fund, which must consist of all penalties and interest collected on contributions due pursuant to Sections 41-31-330 and 41-31-350 and interest collected on unpaid contributions pursuant to Section 41-31-370. Money in the fund must be deposited, administered, and disbursed pursuant to the provisions of Section 41-33-420 applicable to the Department of Employment and Workforce administration fund.
(B) Money deposited in the special administration fund is appropriated and made available to the department. Money in the fund must be expended solely for:
(1) replacements in the Department of Employment and Workforce administration fund as provided in Section 41-33-460;
(2) refunds pursuant to Section 41-31-360 of interest erroneously collected; and
(3) special, extraordinary, and incidental expenses incurred in the administration of Chapters 27 through 41 of this title not provided for in the Department of Employment and Workforce administration fund and for which federal funds are not granted by the federal government through the Secretary of Labor or its other agencies.
(C) A balance in the fund shall not lapse at any time, but must be continuously available to the department for expenditure consistent with Chapters 27 through 41 of this title. The department shall issue its requisition approved by its director or his designated officer or agent for the purposes set forth in this section to the Comptroller General who shall draw his warrant in the usual form provided by law on the State Treasurer, who shall pay it by check on the fund.
HISTORY: 1962 Code Section 68-332.1; 1969 (56) 268; 2010 Act No. 146, Section 71, eff March 30, 2010; 2011 Act No. 3, Section 12, eff March 14, 2011.
Effect of Amendment
The 2010 amendment substituted "department" for "Commission" throughout this section; redesignated subsections (a) and (b) as (A) and (B), respectively; designated the last paragraph of the section as subsection (C), and substituted "its director" for "the chairman" following "issue its requisition approved by" therein; and made other nonsubstantive changes throughout the section.
The 2011 amendment four times substituted "Department of Employment and Workforce" for "Employment Security".
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 33 - Employment And Workforce - Funds › Section 41-33-710. Department of Employment and Workforce administrative contingency fund.

(A) There is created in the State Treasury a special fund to be known as the Department of Employment and Workforce administrative contingency fund, which consists of all assessments collected pursuant to Section 41-27-410. Money in the Department of Employment and Workforce administrative contingency fund must be deposited, administered, and disbursed in accordance with the provisions of Section 41-33-420 applicable to the Department of Employment and Workforce administration fund.
(B) Money deposited in the Department of Employment and Workforce administrative contingency fund is appropriate and made available to the department. Money in the fund must be expended to:
(1) assist with the reemployment of unemployed workers using the most efficient and effective means of service delivery;
(2) undertake a program or activity that furthers the goal of the department as provided in Chapter 42 of this title;
(3) supplement basic employment security services with special job search and claimant placement assistance designed to assist unemployment insurance claimants to obtain employment;
(4) provide employment services, like recruitment, screening, and referral of qualified workers to agricultural areas where those services have in the past contributed to positive economic conditions for the agricultural industry; and
(5) provide otherwise unobtainable information and analysis to the legislature and program managers about issues related to employment and unemployment.
(C) A balance in the fund does not lapse, but is continuously available to the department for expenditure consistent with Chapter 42 of this title. The department must issue its requisition approved by its director or his designated officer or agent for the purposes set forth in this section to the Comptroller General who shall draw his warrant in the usual form provided by law on the State Treasurer, who shall pay it by check on the fund.
HISTORY: 1986 Act No. 362, Section 14, eff April 3, 1986; 2010 Act No. 146, Section 72, eff March 30, 2010; 2011 Act No. 3, Section 12, eff March 14, 2011.
Effect of Amendment
The 2010 amendment substituted "department" for "commission" throughout this section; redesignated subsections (a) and (b) as (A) and (B), respectively; designated the last paragraph of the section as subsection (C), and substituted "its director" for "the chairman" following "issue its requisition approved by" therein; and made other nonsubstantive changes throughout the section.
The 2011 amendment four times substituted "Department of Employment and Workforce" for "Employment Security".
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 33 - Employment And Workforce - Funds › Section 41-33-810. Department of Employment and Workforce interest assessment fund.

(A) There is hereby created in the State Treasury a special fund to be known as the Department of Employment and Workforce interest assessment fund.
(B) The fund shall consist of all assessments collected pursuant to Section 41-31-55(A).
(C) All money in the interest assessment fund must be deposited, administered, and disbursed in the same manner and under the same conditions and requirements as are provided by law for other special funds in the State Treasury, except that money in this fund shall not be commingled with other state funds, but shall be maintained in a separate account on the books of a depository bank. They shall be secured by such bank or banks by such securities or surety bond as required by law of depositories of state funds.
(D) All monies which are deposited or paid into the fund are appropriated and made available to the department. All monies in this fund shall be expended solely for the purpose of defraying the cost of interest on advances from the federal Unemployment Trust Fund as provided in the Social Security Act, Section 1202(b)(3)(A).
(E) Any balances in the fund shall not lapse at any time but shall be continuously available to the department for expenditure consistent with Chapters 27 through 41 of this title. The department shall issue its requisition approved by the executive director or any designated individual, officer, or agent for payment of such costs of interest to the Comptroller General who shall draw his warrant in the usual form provided by law on the State Treasurer, who shall pay it by check on the interest assessment fund.
HISTORY: 2011 Act No. 3, Section 12, eff March 14, 2011.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 33 - Employment And Workforce - Funds › Section 41-33-910. Department of Employment and Workforce integrity fund.

(A) There is created in the State Treasury a special fund to be known as the Department of Employment and Workforce integrity fund.
(B) The fund shall consist of monetary penalties collected pursuant to Section 41-41-45(C)(3) for the purpose of promoting unemployment compensation integrity. The Department of Employment and Workforce integrity fund shall be used for the purpose of preserving the integrity of the unemployment compensation fund. These efforts may include, but are not limited to, identifying overpayments, verifying eligibility, determining status, and updating technology and educational tools to support integrity activities.
(C) All money collected in the integrity fund must be deposited, administered, and disbursed in the same manner and under the same conditions and requirements as are provided by law for other special funds in the State Treasury, except that money in this fund must not be commingled with other state funds, but must be maintained in a separate account on the books of a depository bank. These funds must be secured by the bank by securities or surety bonds as required by law of depositories of state funds.
(D) All money that is deposited or paid into the fund is appropriated and made available to the department. All money in this fund must be expended solely for the purpose of promoting unemployment insurance integrity efforts by the department as provided in Section 41-41-45.
(E) All balances in this fund must not lapse at any time but must be continuously available to the department by expenditure consistent with Chapters 27 through 41 of this title. The department shall issue its requisition, which must be approved by the executive director or any designated officer, agent, or other individual for payment of the costs of interest to the Comptroller General who shall draw his warrant in the usual form provided by law on the State Treasurer, who shall pay it by check on the integrity fund.
HISTORY: 2013 Act No. 53, Section 4.A, eff October 1, 2013.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 35 - Employment And Workforce - Benefits And Claims › Section 41-35-10. Payment of benefits generally.

Benefits shall become payable from the fund to any individual who is unemployed and eligible for benefits. Except as provided in Section 41-35-20 benefits based on service in employment defined in Section 41-27-230 (2) and (3) shall be payable in the same amount, on the same terms, and subject to the same conditions as compensation payable on the basis of other service subject to Chapters 27 through 41 of this Title. All benefits shall be paid through employment offices, in accordance with such regulations as the department may prescribe.
HISTORY: 1962 Code Section 68-101; 1952 Code Section 68-101; 1942 Code Section 7035-83; 1936 (39) 1716; 1939 (41) 487; 1941 (42) 369; 1971 (57) 950.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 35 - Employment And Workforce - Benefits And Claims › Section 41-35-30. Payment of benefits in case of death.

(A) When a benefit due an individual has been unpaid at the time of death and the estate of the individual has not been administered in the probate court within sixty days after the time of death, the department may pay benefit amounts the deceased may have been entitled to:
(1) the surviving wife or husband and, if there is none;
(2) the minor children and, if there are none;
(3) the adult children and, if there are none;
(4) the parents of the deceased and, if there are none;
(5) a person dependent on the deceased.
(B) If there is no person within those classifications, the payments due the deceased must lapse and revert to the unemployment trust fund.
(C) Payment to a responsible adult with whom minor children are making their home, upon a written pledge to use the payment for the benefit of these minors, is considered proper and legal payment to the minor children without the requirement of formal appointment of a guardian.
HISTORY: 1962 Code Section 68-103; 1952 Code Section 68-103; 1942 Code Section 7035-83; 1936 (39) 1716; 1939 (41) 487; 1941 (42) 369; 2010 Act No. 146, Section 73, eff March 30, 2010.
Effect of Amendment
The 2010 amendment substituted "department" for "Commission"; added subsection designations (A), (B), and (C) to previously undesignated paragraphs; and made other nonsubstantive changes throughout the section.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 35 - Employment And Workforce - Benefits And Claims › Section 41-35-50. Maximum potential benefits for year.

The maximum potential benefits of any insured worker in a benefit year are the lesser of:
(1) twenty times his weekly benefit amount;
(2) one-third of his wages for insured work paid during his base period.
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.
HISTORY: 1962 Code Section 68-105; 1952 Code Section 68-108; 1942 Code Section 7035-83; 1936 (39) 1716; 1939 (41) 487; 1941 (42) 369; 1952 (47) 1936; 1955 (49) 480; 1969 (56) 268; 1971 (57) 950; 1972 (57) 2309; 1983 Act No. 62 Section 6; 2011 Act No. 63, Section 17, eff June 14, 2011.
Effect of Amendment
The 2011 amendment in subsection (1) substituted "twenty" for "Twenty-six", and in subsection (2) substituted "one-third" for "One-third".
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 35 - Employment And Workforce - Benefits And Claims › Section 41-35-60. Weekly benefits for partial unemployment.

Each eligible individual who is unemployed in any week must be paid with respect to such week a benefit in an amount equal to his weekly benefit amount less that part of the wages (if any) payable to him with respect to such week which is in excess of one-fourth of his weekly benefit amount. Such benefit is not a multiple of one dollar must be computed to the next lower multiple of one dollar.
HISTORY: 1962 Code Section 68-107; 1952 Code Section 68-107; 1942 Code Section 7035-83; 1936 (39) 1716; 1939 (41) 487; 1941 (42) 369; 1955 (49) 480; 1983 Act No. 62 Section 7.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 35 - Employment And Workforce - Benefits And Claims › Section 41-35-65. Wages paid for previously uncovered services.

With respect to weeks of unemployment beginning on or after January 1, 1978, wages for insured work shall include wages paid for previously uncovered services. For the purposes of this paragraph "previously uncovered services" means services which were not employment as defined in Section 41-27-230, and were not services covered pursuant to Section 41-37-20 at any time during the one-year period ending December 31, 1975; and which are:
(1) Agricultural labor as defined in Section 41-27-120, or domestic service as defined in Section 41-27-230(6); or
(2) Services performed by an employee of this State or a political subdivision thereof, as provided in Section 41-27-230(2); or
(3) Services performed by an employee of a nonprofit educational institution which is not an institution of higher education, as provided in Section 41-27-230(3); except to the extent that assistance under Title II of the Emergency Jobs and Unemployment Assistance Act of 1974 was paid on the basis of such services.
HISTORY: 1962 Code Section 68-108; 1977 Act No. 161 Section 10.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 35 - Employment And Workforce - Benefits And Claims › Section 41-35-66. Benefits for participants in sports or athletic events.

Benefits shall not be paid to any individual on the basis of any services substantially all of which consist of participating in sports or athletic events or training or preparing to so participate, for any week which commences during the period between two successive sport seasons (or similar periods) if such individual performed such services in the first of such seasons (or similar periods) and there is a reasonable assurance that such individual will perform such services in the later of such season (or similar periods).
HISTORY: 1962 Code Section 68-108.1; 1977 Act No. 161 Section 11.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 35 - Employment And Workforce - Benefits And Claims › Section 41-35-67. Benefits to aliens.

(1) Benefits shall not be paid on the basis of services performed by an alien unless such alien is an individual who was lawfully admitted for permanent residence at the time such services were performed, was lawfully present for purposes of performing such services or was permanently residing in the United States under color of law at the time such services were performed (including an alien who was lawfully present in the United States as a result of application of the provisions of Section 203(a)(7) or Section 212(d)(5) of the Immigration and Nationality Act).
(2) Any data or information required of individuals applying for benefits to determine whether benefits are not payable to them because of their alien status shall be uniformly required from all applicants for benefits.
(3) In the case of an individual whose application for benefits would otherwise be approved, no determination that benefits to such individual are not payable because of his alien status shall be made except upon a preponderance of the evidence.
HISTORY: 1962 Code Section 68-108.2; 1977 Act No. 161 Section 12.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 35 - Employment And Workforce - Benefits And Claims › Section 41-35-100. Preservation of benefit rights of persons in armed forces.

The department must promulgate regulations necessary to preserve the benefit rights of individuals who volunteer, enlist, or are called or drafted into a branch of the military, naval service, or an organization affiliated with the defense of the United States or this State. These regulations, with respect to these individuals, must supersede an inconsistent provision of Chapters 27 through 41 of this title, but where practicable must secure results reasonably similar to those provided in the analogous provisions of these chapters.
HISTORY: 1962 Code Section 68-112; 1952 Code Section 68-112; 1942 Code Section 7035-83; 1936 (39) 1716; 1939 (41) 487; 1941 (42) 369; 1955 (49) 480; 2010 Act No. 146, Section 74, eff March 30, 2010.
Effect of Amendment
The 2010 amendment substituted "department" for "Commission"; and made other nonsubstantive changes.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 35 - Employment And Workforce - Benefits And Claims › Section 41-35-115. Service as witness or juror not to constitute disqualification for benefits.

Notwithstanding another provision of law, an individual otherwise eligible for a benefit may not be denied a benefit with respect to a week in which he is required by law to appear in court as a witness or juror. However, an unemployment benefit received by a person pursuant to Chapters 27 through 41 of this title must be reduced by any per diem received for service as a juror. The department must promulgate regulations necessary to implement the provisions of this section.
HISTORY: 1993 Act No. 21, Section 1, eff January 1, 1993; 2010 Act No. 146, Section 76, eff March 30, 2010.
Effect of Amendment
The 2010 amendment substituted "department" for "commission"; and made other nonsubstantive changes.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 35 - Employment And Workforce - Benefits And Claims › Section 41-35-126. Military relocation benefits.

Notwithstanding the provisions of Section 41-35-120, an individual is eligible for waiting week credit and for unemployment compensation if the department finds that the individual has left work voluntarily to relocate because of the transfer of a spouse who has been reassigned from one military assignment to another, provided that the separation from employment occurs within fifteen days of the scheduled relocation date.
HISTORY: 2007 Act No. 67, Section 1, eff June 7, 2007; 2010 Act No. 146, Section 79, eff March 30, 2010.
Effect of Amendment
The 2010 amendment substituted "department" for "commission".
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 35 - Employment And Workforce - Benefits And Claims › Section 41-35-310. "Extended benefit period" defined.

"Extended benefit period" means a period which
(1) Begins with the third week after a week for which there is a state "on" indicator; and
(2) Ends with either of the following weeks, whichever occurs later:
(a) The third week after the first week for which there is a state "off" indicator.
(b) The thirteenth consecutive week of such period. No extended benefit period may begin by reason of a state "on" indicator before the fourteenth week following the end of a prior extended benefit period which was in effect with respect to this State.
HISTORY: 1962 Code Section 68-125; 1971 (57) 950; 1983 Act No. 62 Section 10.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 35 - Employment And Workforce - Benefits And Claims › 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 two 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; 2021 Act No. 47 (S.421), Section 1, eff May 17, 2021.
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".
2021 Act No. 47, Section 1, in (2), substituted "two preceding calendar years" for "three preceding calendar years".
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 35 - Employment And Workforce - Benefits And Claims › Section 41-35-330. "State 'on' indicator" and "State 'off' indicator" defined.

(A) There is a "state 'on' indicator" for this State for a week if the department determines, pursuant to the regulations of the United States Secretary of Labor, that for the period consisting of that week and the immediately preceding twelve weeks the rate of insured unemployment, not seasonally adjusted, under Chapters 27 through 41 of this title:
(1) equaled or exceeded one hundred twenty percent of the average of those rates for the corresponding thirteen week period ending in each of the preceding two calendar years; and
(2) equaled or exceeded five percent. With respect to benefits for weeks of unemployment beginning after July 1, 1977, the determination of whether there has been a "state 'on' or 'off' indicator" for this State beginning or ending an extended benefit period must be made under this section as if:
(a) subsection (A) did not contain item (1); and
(b) the word "five" contained in item (2) of this subsection were "six" except that, notwithstanding a provision of this section, a week for which there would otherwise be a "state 'on' indicator" for this State must continue to be such a week and must not be determined to be a week for which there is a "state 'off' indicator" for this State.
(B) There is a "state 'off' indicator" for this State for a week if, for the period consisting of that week and the immediately preceding twelve weeks, either items (1) or (2) of subsection (A) are not satisfied.
(C) This section applies to weeks beginning after September 25, 1982.
HISTORY: 1962 Code Section 68-127; 1971 (57) 950; 1975 (59) 77; 1977 Act No. 161 Section 15; 1983 Act No. 62 Section 11; 2010 Act No. 146, Section 82, eff March 30, 2010.
Effect of Amendment
The 2010 amendment substituted "department" for "commission"; redesignated all of the subsections in the section; and made other nonsubstantive changes.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 35 - Employment And Workforce - Benefits And Claims › Section 41-35-340. "Rate of insured unemployment" defined.

For purposes of Section 41-35-330 "rate of insured unemployment" means the percentage derived by dividing the:
(1) average weekly number of individuals filing claims for regular state compensation in this State for weeks of unemployment with respect to the most recent thirteen consecutive week period, as determined by the department on the basis of its reports to the United States Secretary of Labor, by
(2) average monthly employment covered under Chapters 27 through 41 of this title for the first four of the most recent six completed calendar quarters ending before the end of this thirteen-week period.
HISTORY: 1962 Code Section 68-128; 1971 (57) 950; 1983 Act No. 62 Section 12; 2010 Act No. 146, Section 83, eff March 30, 2010.
Effect of Amendment
The 2010 amendment substituted "department" for "commission" in subsection (1); and made other nonsubstantive changes throughout the section.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 35 - Employment And Workforce - Benefits And Claims › Section 41-35-350. "Regular benefits" defined.

"Regular benefits" means benefits payable to an individual under Chapters 27 through 41 of this Title or under any other State law (including benefits payable to Federal civilian employees and to ex-servicemen pursuant to 5 U.S.C. chapter 85) other than extended benefits and additional benefits.
HISTORY: 1962 Code Section 68-129; 1971 (57) 950; 1973 (58) 248.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 35 - Employment And Workforce - Benefits And Claims › Section 41-35-360. "Additional benefits" defined.

"Additional benefits" means benefits totally financed by a state payable to exhaustees by reason of conditions of high unemployment or by reason of other special factors under the provisions of any state law. If extended compensation is payable to an individual by this State and additional compensation is payable to him for the same week by another state, he may elect which of the two types of compensation to claim.
HISTORY: 1962 Code Section 68-129.1; 1973 (58) 248.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 35 - Employment And Workforce - Benefits And Claims › Section 41-35-370. "Extended benefits" defined.

"Extended benefits" means benefits (including benefits payable to Federal civilian employees and to ex-servicemen pursuant to 5 U.S.C. Chapter 85) payable to an individual under the provisions of this section for weeks of unemployment in his eligibility period.
HISTORY: 1962 Code Section 68-130; 1971 (57) 950.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 35 - Employment And Workforce - Benefits And Claims › Section 41-35-380. "Eligibility period" defined.

"Eligibility period" of an individual means the period consisting of the weeks in his benefit year which begin in an extended benefit period and, if his benefit year ends within such extended benefit period, any weeks thereafter which begin in such period.
HISTORY: 1962 Code Section 68-131; 1971 (57) 950.
2023 South Carolina Code of Laws › Title 41 - Labor and Employment › Chapter 35 - Employment And Workforce - Benefits And Claims › Section 41-35-400. "State law" defined.

"State law" means the unemployment insurance law of any state, approved by the U.S. Secretary of Labor under Section 3304 of the Internal Revenue Code of 1954.
HISTORY: 1962 Code Section 68-133; 1971 (57) 950.