Current through Register Vol. 48, No. 3, March 22, 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.
