South Carolina Code of Regulations › Chapter 47 - DEPARTMENT OF EMPLOYMENT AND WORKFORCE › Article 2 - GENERAL REGULATIONS › Section 47-35 - Benefits Payable Under Title XV of the Social Security Act, as amended

Current through Register Vol. 48, No. 6, June 28, 2024
A. Pursuant to
			 Section
			 41-29-140,
			 S. C. Code--1976, as amended, the Department has entered into an Agreement with
			 the Secretary of Labor to act as agent of the United States in the
			 administration of Title XV of the Social Security Act, as amended, which
			 provides for the payment of unemployment compensation benefits to Federal
			 employees (UCFE--Unemployment Compensation for Federal Employees) and
			 ex-service members (UCX--Unemployment Compensation for Ex-Service members); to
			 cooperate with the Secretary and with other state agencies in making such
			 payments; and to pay compensation under Title XV to individuals entitled
			 thereto in the same amount, on the same terms, and subject to the same
			 conditions as compensation would be payable to such individuals under the state
			 Unemployment Compensation Law, if such individuals' federal service and federal
			 wages had been included as employment and wages under the South Carolina
			 Law.
B. Distribution of Cost of
			 Benefit Payments under state and Federal Programs. A UC, UCFE, or UCX claimant
			 who has exhausted his benefits in a previous benefit year and has been held
			 ineligible under Section
			 41-35-50,
			 South Carolina Code--1976, as amended, will not be eligible for benefits in a
			 subsequent benefit year under any program until the conditions of Section
			 41-35-50
			 have been satisfied. Benefits paid to a UC, UCFE, or UCX claimant who is
			 ineligible for benefits under Section
			 41-35-50
			 and subsequently earns wages in employment will be charged as follows:
1. If an otherwise eligible state UC claimant
			 (ineligible under Section
			 41-35-50
			 ) earns as much as eight times his weekly benefit amount from a state covered
			 employer, his claim will be paid and charged to the covered employer's
			 account.
2. If an otherwise
			 eligible state UC claimant (ineligible under Section
			 41-35-50
			 ) earns as much as eight times his weekly benefit amount from a Federal agency,
			 his claim will be paid and charged to the State UC Trust Fund. (No employer's
			 experience rating account will be charged.)
3. If an otherwise eligible UCFE or UCX
			 claimant (ineligible under Section
			 41-35-50
			 ) earns as much as eight times his weekly benefit amount in Federal employment
			 or from a state covered employer as defined in Section
			 41-27-210,
			 his claim will be paid and benefits will be charged to the base period Federal
			 employers' account.
4. If an
			 otherwise eligible joint UC-UCFE or joint UC-UCX claimant (ineligible under
			 Section
			 41-35-50
			 ) earns as much as eight times his weekly benefit amount from a state covered
			 employer, the state portion of the claim will be charged to the last
			 (bona-fide) employer's account and the Federal portion will be charged to the
			 base period Federal employer.
5. If
			 an otherwise eligible joint UC-UCFE or joint UC-UCX claimant (ineligible under
			 Section
			 41-35-50
			 ) earns as much as eight times his weekly benefit amount from a Federal agency,
			 the state portion will be charged to the State UC Trust Fund (no employer's
			 account will be charged) and the Federal portion will be charged to the base
			 period Federal employers' account.
6. If the normal base period of the UCX claim
			 contains UCFE Federal wages and UCX military wages, the UCX portion of the
			 claim will be charged to the appropriate branch of service account and the
			 Federal portion will be charged to the base period Federal employer.
7. The amount of benefits to be paid to a
			 joint UC-UCFE or joint UC-UCX claimant, wherein wages are reported, for a week
			 of unemployment as defined in regulation 47-20, shall be computed on the basis
			 of the joint maximum weekly benefit amount. The charge to the state portion of
			 the claim will be charged to the last (bona-fide) employer's account and the
			 Federal portion will be charged to the base period Federal program based on the
			 applicable portion of base period wages.