Bill 2694

                    Current Status

Bill Number:               2694
Ratification Number:       263
Act Number:                174
Introducing Body:          House
Subject:                        Definition of "employee"
                           in the South Carolina Workers' Compensation
                           Law

(A174, R263, H2694)

AN ACT TO AMEND SECTION 42-1-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "EMPLOYEE" IN THE SOUTH CAROLINA WORKERS' COMPENSATION LAW TO CLARIFY WHEN MEMBERS OF THE STATE AND NATIONAL GUARD ARE INCLUDED IN THE DEFINITION; TO AMEND SECTION 42-7-65, RELATING TO THE AVERAGE WEEKLY WAGE OF CERTAIN DESIGNATED CATEGORIES SO AS TO PROVIDE THAT THE TOTAL AVERAGE WEEKLY WAGE FOR THOSE MEMBERS MUST BE THE AVERAGE WEEKLY WAGE IN THE STATE FOR THE PRECEDING FISCAL YEAR OR AN AVERAGE WEEKLY WAGE THE SERVICE MEMBER WOULD BE ENTITLED TO, IF ANY, IF INJURED WHILE PERFORMING HIS CIVILIAN EMPLOYMENT, IF THE AVERAGE WEEKLY WAGE IN HIS CIVILIAN EMPLOYMENT IS GREATER; AND TO AMEND THE 1976 CODE BY ADDING SECTION 42-7-67 SO AS TO PROVIDE THAT DISABILITY DETERMINATIONS ARE GOVERNED BY REFERENCE TO THE MEMBER'S CIVILIAN EMPLOYMENT.

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

Definition

SECTION 1. Section 42-1-130 of the 1976 Code is amended to read:

"Section 42-1-130. The term 'employee' means every person engaged in an employment under any appointment, contract of hire or apprenticeship, express or implied, oral or written, including aliens and also including minors, whether lawfully or unlawfully employed, but excluding a person whose employment is both casual and not in the course of the trade, business, profession, or occupation of his employer; and as relating to those employed by the State; the term 'employee' includes all members of the South Carolina State and National Guard while performing duties in connection with the membership except duty performed pursuant to Title 10 of the United States Code, and all officers and employees of the State, except those elected by the people, or by the General Assembly, or appointed by the Governor, either with or without the confirmation of the Senate; and as relating to municipal corporations and political subdivisions of the State; the term 'employee' includes all officers and employees of municipal corporations and political subdivisions, except those elected by the people or elected by the council or other governing body of any municipal corporation or political subdivision, who act in purely administrative capacities and are to serve for a definite term of office. Any reference to an employee who has been injured, when the employee is dead, includes also his legal representative, dependents, and other persons to whom compensation may be payable.

Any sole proprietor or partner of a business whose employees are eligible for benefits under this title may elect to be included as employees under the workers' compensation coverage of the business if they are actively engaged in the operation of the business and if the insurer is notified of their election to be included. Any sole proprietor or partner, upon such election, is entitled to employee benefits and is subject to employee responsibilities prescribed in this title."

Total average weekly wage

SECTION 2. Section 42-7-65 of the 1976 Code is amended to read:

"Section 42-7-65. Notwithstanding the provisions of Section 42-1-40, for the purpose of this title and while serving in this capacity, the total average weekly wage of the following categories of employees is the following:

(1) For all members of the State and National Guard, regardless of rank, seventy-five percent of the average weekly wage in the State for the preceding fiscal year, or the average weekly wage the service member would be entitled to, if any, if injured while performing his civilian employment, if the average weekly wage in his civilian employment is greater.

(2) For all voluntary firemen of organized voluntary rural fire units and voluntary municipal firemen, thirty-seven and one-half percent of the average weekly wage in the State for the preceding fiscal year.

(3) For all members of organized volunteer rescue squads, thirty-seven and one-half percent of the average weekly wage in the State for the preceding fiscal year.

The wages provided in items (2) and (3) of this section may not be increased as a basis for any computation of benefits because of employment other than as a volunteer. Persons in the categories provided by items (2) and (3) must be notified of the limitation on average weekly wages prescribed in this section by the authority responsible for obtaining coverage under this title.

Volunteer firemen and rescue squad members are construed to mean members of organized units whose membership is certified to the municipal clerk or chairman of the council of the municipality or county in which their unit is based by the chief officer of the unit concerned. Provided, that no organized volunteer firemen or rescue squad members may be included under the provisions of this title unless approved by the governing body of the county or municipality.

The average weekly wage for inmates of the State Department of Corrections as defined in Section 42-1-480 is forty dollars per week. The average weekly wage for students of high schools, state technical schools, and state-supported colleges and universities while engaged in work study, distributive education, or apprentice programs on the premises of private companies is fifty percent of the average weekly wage in the State for the preceding fiscal year."

Members of Guard injured while employed

SECTION 3. The 1976 Code is amended by adding:

"Section 42-7-67. In the case of members of the South Carolina State and National Guard injured while so employed, the extent, duration, and termination of disability and medical benefits under this title must be determined by reference to the member's civilian employment, if any, without considering the member's military position. If the member does not have civilian employment, reference may be made to the member's military position."

Time effective

SECTION 4. This act shall take effect upon approval by the Governor.