Current Status Bill Number:4127 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19970508 Primary Sponsor:Kirsh All Sponsors:Kirsh Drafted Document Number:psd\7316jm.97 Residing Body:House Current Committee:Labor, Commerce and Industry Committee 26 HLCI Subject:Workers' compensation, average weekly wages definition; provisions when bonus awarded to employee
Body Date Action Description Com Leg Involved
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House 19970508 Introduced, read first time, 26 HLCI
referred to Committee
View additional legislative information at the LPITS web site.
TO AMEND SECTION 42-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "AVERAGE WEEKLY WAGES" UNDER THE WORKERS' COMPENSATION LAW, AND SECTION 42-1-50, RELATING TO THE DEFINITION OF "AVERAGE WEEKLY WAGE IN THIS STATE FOR THE PRECEDING FISCAL YEAR", SO AS TO PROVIDE THAT UNDER NO CIRCUMSTANCES OR CONDITIONS SHALL A BONUS AWARDED, GIVEN, OR PAID TO AN EMPLOYEE ON ANY BASIS OR FOR ANY REASON WHATSOEVER BE UTILIZED FOR THE CALCULATIONS UNDER THESE DEFINITIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 42-1-40 of the 1976 Code, as last amended by Act 424 of 1996, is further amended to read:
"Section 42-1-40. 'Average weekly wages' means the earnings of the injured employee in the employment in which he was working at the time of the injury during the period of fifty-two weeks immediately preceding the date of the injury, including the subsistence allowance paid to veteran trainees by the United States Government if the amount of the allowance is reported monthly by the trainee to his employer. 'Average weekly wage' must be calculated by taking the total wages paid for the last four quarters immediately preceding the quarter in which the injury occurred as reported on the Employment Security Commission's Employer Contribution Reports divided by fifty-two or by the actual number of weeks for which wages were paid, whichever is less. When the employment, prior to the injury, extended over a period of less than fifty-two weeks, the method of dividing the earnings during that period by the number of weeks and parts thereof during which the employee earned wages shall be followed, as long as results fair and just to both parties will be obtained. Where, by reason of a shortness of time during which the employee has been in the employment of his employer or the casual nature or terms of his employment, it is impracticable to compute the average weekly wages as defined in this section, regard is to be had to the average weekly amount which during the fifty-two weeks previous to the injury was being earned by a person of the same grade and character employed in the same class of employment in the same locality or community.
When for exceptional reasons the foregoing would be unfair, either to the employer or employee, such other method of computing average weekly wages may be resorted to as will most nearly approximate the amount which the injured employee would be earning were it not for the injury.
Whenever allowances of any character made to an employee in lieu of wages are a specified part of a wage contract they are deemed a part of his earnings.; provided, however, that under no circumstances or conditions shall a bonus awarded, given, or paid to an employee on any basis or for any reason whatsoever be considered a part of the employee's earnings for the purpose of determining 'average weekly wages' or the calculation of any workers' compensation benefits under this title."
SECTION 2. Section 42-1-50 of the 1976 Code is amended to read:
"Section 42-1-50. As used in this title, the term 'average weekly wage in this State for the preceding fiscal year' shall mean the average weekly wage for that period determined by the Employment Security Commission for employment covered by the employment security compensation law.; provided, however, that under no circumstances or conditions shall a bonus awarded, given, or paid to an employee on any basis or for any reason whatsoever be used for or included in the determination to be made by the Employment Security Commission under this section."
SECTION 3. This act takes effect upon approval by the Governor.