Bill 3235

                    Current Status

Bill Number:               3235
Ratification Number:       472
Act Number                 386
Introducing Body:          House
Subject:                   Relating to payment of unemployment
                           benefits to employees of educational
                           institutions

(A386, R472, H3235)

AN ACT TO AMEND SECTION 41-35-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENT OF UNEMPLOYMENT BENEFITS TO EMPLOYEES OF EDUCATIONAL INSTITUTIONS, SO AS TO PROVIDE THAT EMPLOYEES HIRED BY A GOVERNMENTAL AGENCY OR ENTITY WHICH IS ESTABLISHED AND OPERATED EXCLUSIVELY FOR THE PURPOSE OF PROVIDING SERVICES TO ONE OR MORE EDUCATIONAL INSTITUTIONS SHALL NOT BE ELIGIBLE FOR UNEMPLOYMENT BENEFITS DURING THE PERIOD BETWEEN TERMS OR SEMESTERS IF THEIR EMPLOYMENT WILL CONTINUE AFTER SUCH PERIOD, AND TO PROVIDE THAT SCHOOL EMPLOYEES SHALL NOT BE ELIGIBLE FOR UNEMPLOYMENT COMPENSATION FOR ANY HOLIDAY OR VACATION PERIOD DURING THE SCHOOL YEAR WHEN THAT PERIOD HAS BEEN PLACED ON THE SCHOOL CALENDAR FOR THAT SCHOOL YEAR.

Be it enacted by the General Assembly of the State of South Carolina:

Benefits

Section 1. Section 41-35-20 of the 1976 Code, as last amended by Act 161 of 1977, is further amended to read:

"Section 41-35-20. (1) Benefits based on service in an instructional, research, or principal administrative capacity in an institution of higher education as defined in Section 41-27-290 shall not be paid to an individual for any week of unemployment which begins during the period between two successive academic years, or during a similar period between two regular terms, whether or not successive, or during a period of paid sabbatical leave, provided for in the individual's contract, if the individual has a contract or a reasonable assurance that such individual will perform services in any such capacity for any institution of higher education for both such academic years or both such terms.

(2) Benefits based on service in an instructional, research, or principal administrative capacity in an educational institution, as defined in Section 41-27-340 shall not be paid to an individual for any week of unemployment which begins during the period between two successive academic years, or during a similar period between two regular terms, whether or not successive, or during a period of paid sabbatical leave provided for in the individual's contract, if the individual has a contract or a reasonable assurance that such individual will perform services in such capacity for any educational institution as defined in Section 41-27-340 for both such academic years or both such terms.

(3) With respect to services performed after December 31, 1977, in any other capacity for an educational institution (except an institution of higher education), irrespective of whether such institution paid on the basis of such services to any individual for any week which commences during a period between two successive academic years or terms if such individual performs such services in the first of such academic years or terms and there is a reasonable assurance that such individual will perform such services in the second of such academic years or terms. The provisions of this subsection apply to employees of the educational institution concerned or to persons employed by a governmental agency which is established and operated exclusively for the purpose of providing services to one or more educational institutions.

For the purpose of this section `reasonable assurance' means a written notice of intent to rehire.

(4) School employees shall not be eligible for unemployment compensation for any holiday or vacation period during the school year when that period has been placed on the school calendar for the school year."

Time effective

Section 2. This act shall take effect upon the approval by the Governor.