Bill 567

                    Current Status

Bill Number:               567
Ratification Number:       438
Act Number:                385
Introducing Body:          Senate
Subject:                   Relating to financing benefits paid to
                           employees of nonprofit organizations

(A385, R438, S567)

AN ACT TO AMEND SECTION 41-31-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO FINANCING BENEFITS PAID TO EMPLOYEES OF NONPROFIT ORGANIZATIONS, SO AS TO INCLUDE IN PAYMENTS TO THE UNEMPLOYMENT FUND BY NONPROFIT ORGANIZATIONS PAYMENTS MADE AS A RESULT OF A DETERMINATION, OR PAYMENTS ERRONEOUSLY OR INCORRECTLY PAID, OR PAID AS A RESULT OF A DETERMINATION OF ELIGIBILITY OR PARTIAL ELIGIBILITY WHICH IS SUBSEQUENTLY REVERSED, IF THE PAYMENTS WERE MADE AS A RESULT OF WAGES EARNED IN THE EMPLOY OF A NONPROFIT ORGANIZATION.

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

Unemployment fund by nonprofit organizations

SECTION 1. Section 41-31-620 of the 1976 Code, as last amended by Act 108 of 1981, is further amended to read:

"Section 41-31-620. Any nonprofit organization which, pursuant to item (6) of Section 41-27-210, is, or becomes, subject to Chapters 27 through 41 of this title after December 31, 1971, shall pay contributions under provisions of Section 41-31-10 unless it elects, in accordance with this section, to pay to the Commission for the unemployment fund an amount equal to the amount of regular benefits and one-half the extended benefits paid for any reason, including but not limited to payments made as a result of a determination, or payments erroneously or incorrectly paid, or paid as a result of a determination of eligibility or partial eligibility which is subsequently reversed for any reason, if the payments or any portion of the payments were made as a result of wages earned in the employ of the nonprofit organization. After January 1, 1979, the State or any political subdivision or any instrumentality of the political subdivision as defined in subitem (b) of item (2) of Section 41-27-230 is required to reimburse the amount of regular benefits and all extended benefits paid for any reason, including but not limited to payments made as a result of a determination, or payments erroneously or incorrectly paid, or paid as a result of a determination of eligibility or partial eligibility which is subsequently reversed for any reason, if the payments or any portion of the payments were made as a result of wages earned in its employ during the effective period of the elections.

(1) Any nonprofit organization which is, or becomes, subject to Chapters 27 through 41 of this title on January 1, 1972, may elect to become liable for payments in lieu of contributions for a period of not less than two calendar years beginning with January 1, 1972, provided, it files with the Commission a written notice of its election within the thirty-day period immediately following that date.

(2) Any nonprofit organization which becomes subject to Chapters 27 through 41 of this title after January 1, 1972, may elect to become liable for payments in lieu of contributions for a period of not less than two calendar years beginning with the date on which the subjectivity begins by filing a written notice of its election with the Commission not later than thirty days immediately following the date of the determination of the subjectivity.

(3) Any nonprofit organization which makes an election in accordance with item (1) or item (2) of this section will continue to be liable for payments in lieu of contributions until it files with the Commission a written notice terminating its election not later than thirty days prior to the beginning of the calendar year for which the termination is first effective.

(4) Any nonprofit organization which has been paying contributions under Chapters 27 through 41 of this title for a period subsequent to January 1, 1972, may change to a reimbursable basis by filing with the Commission not later than thirty days prior to the beginning of any calendar year a written notice of election to become liable for payments in lieu of contributions. The election is not terminable by the organization for that and the next calendar year.

(5) The Commission may for good cause extend the period within which a notice of election, or a notice of termination, must be filed and may permit an election to be retroactive but not any earlier than with respect to benefits paid after December 31, 1969.

(6) The Commission, in accordance with the regulations as may be prescribed, shall notify each nonprofit organization of any determination made with respect to its status as an employer and of the effective date of any election which it makes and of any termination of the election. The determinations are subject to reconsideration, appeal, and review in accordance with the provisions of item (5) of Section 41-31-630."

Time effective

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