House Amendment 2
H 4710 - Session 125 (2023-2024)
Maximum potential employment benefits
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Rep. Caskey proposes the following amendment (LC-4710.WAB0008H):

Amend the bill, as and if amended, SECTION 1, by striking Section 41-35-50(A) and inserting:

 (A) The number of weeks an individual is allowed to receive unemployment benefits depends on the seasonally adjusted statewide unemployment rate that applies to the six-month reference period that includes the effective date of the claim. One six-month reference period begins on January first and one six-month reference period begins on July first. For the reference period that begins January first, the average of the seasonally adjusted unemployment rates for the State for the preceding months of July, August, and September apply. For the reference period that begins July first, the average of the seasonally adjusted unemployment rates for the State for the preceding months of January, February, and March apply. The Department of Employment and Workforce must use the most recent seasonally adjusted unemployment rate determined by the U.S. Department of Labor, Bureau of Labor Statistics, and not the rate as revised in the annual benchmark.

	Seasonally Unemployment Rate	Number of Weeks
	Less than or equal to 5.5%	12 weeks
	Greater than 5.5% up to 6%	13 weeks
	Greater than 6% up to 6.5%	14 weeks
	Greater than 6.5% up to 7%	15 weeks
	Greater than 7% up to 7.5%	16 weeks
	Greater than 7.5% up to 8%	17 weeks
	Greater than 8% up to 8.5%	18 weeks
	Greater than 8.5% up to 9%	19 weeks
	Greater than 9%	20 weeks

Amend the bill further, by adding an appropriately numbered SECTION to read:

SECTION X. Section 41-35-120(2) of the S.C. Code is amended to read:

 (2)(a) Discharge for misconduct connected with the employment. If the department finds that he has been discharged for misconduct connected with his most recent work prior to filing a request for determination of insured status or a request for initiation of a claim series within an established benefit year, with ineligibility beginning with the effective date of the request, and continuing for the next twenty weeksmaximum duration of benefits applicable to the claim, in addition to the waiting period, with a corresponding and mandatory reduction of the insured worker's benefits to be calculated by multiplying his weekly benefit amount by twentythe maximum duration of benefits applicable to the claim. For the purposes of this item, "misconduct" is limited to conduct evincing such wilful and wanton disregard of an employer's interests as is found in deliberate violations or disregard of standards of behavior which the employer has the right to expect of his employee, or in the carelessness or negligence of such degree or recurrence as to manifest equal culpability, wrongful intent, or evil design, or to show an intentional and substantial disregard of the employer's interest or of the employee's duties and obligations to his employer. No finding of misconduct may be made for discharge resulting from an extreme hardship, emergency, sickness, or other extraordinary circumstance.
  (b) If the department finds that he has been discharged for cause, other than misconduct as defined in item (2)(a), connected with his most recent work prior to filing a request for determination of insured status or a request for initiation of a claim series within an established benefit year, then the department must find him partially ineligible. The ineligibility must begin with the effective date of the request, and continuing not less than five nor more than the next nineteen weeksone week less than the maximum duration of benefits applicable to the claim, in addition to the waiting period. A corresponding and mandatory reduction of the insured worker's benefits, to be calculated by multiplying his weekly benefit amount by the number of weeks of his disqualification, must be made. The ineligibility period must be determined by the department in each case according to the seriousness of the cause for discharge. Discharge resulting from substandard performance due to inefficiency, inability, or incapacity shall not serve as a basis for disqualification under either subitem (a) or (b) of this item.

Amend the bill further, by striking SECTION 2 and inserting:

SECTION 2. This act takes effect upon approval by the Governor and is applicable for unemployment insurance claims with an effective date on or after October 1, 2024.