S.C. Code Regs. § 47-35 - Benefits Payable Under Title XV of the Social Security Act, as amended

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.

Notes

S.C. Code Regs. § 47-35

Amended by State Register Volume 24, Issue No. 5, eff May 26, 2000.