(A) Except as provided in subsection (B), "base period" means the first four of the last five completed calendar quarters immediately preceding the first day of an individual's benefit year. However, in the case of a combined wage claim filed by an individual in accord with an arrangement entered into by the department pursuant to the provisions of Section 41-29-140(2), the base period is that applicable provided by the law of the paying state.
(B)(1) "Alternate base period" means for benefit years effective after May 31, 2010, if an individual does not have sufficient wages in the base period defined in subsection (A) to qualify for benefits, his base period must be the four calendar quarters completed most recently before the individual's benefit year if this period qualifies him for benefits, provided these quarters were not previously used to establish a prior valid benefit year.
(2) If the wage information for an individual's most recently completed calendar quarter is not available to the department from regular quarterly reports of systematically accessible wage information, the department promptly must contact the individual's employer to establish such wage information. The director shall establish rules necessary to implement this subsection.
(C) Wages that fall within the base period, if claims established under this section, must not be available for use in qualifying for a subsequent benefit year.
HISTORY: 1962 Code Section 68-6; 1952 Code Section 68-6; 1942 Code Section 7035-99; 1936 (39) 1716; 1939 (41) 487; 1940 (41) 1630; 1941 (42) 358, 369; 1973 (58) 248; 2010 Act No. 146, Section 13, eff March 30, 2010; 2010 Act No. 234, Section 8, eff January 1, 2011.
Effect of Amendment
The first 2010 amendment, 2010 Act No. 146, Section 13, substituted "department" for "commission" following "an arrangement entered into by the"; and made other nonsubstantive changes.
The second 2010 amendment, 2010 Act No. 234, Section 8, rewrote the section.
Structure South Carolina Code of Laws
Title 41 - Labor and Employment
Chapter 27 - Employment And Workforce - General Provisions
Section 41-27-10. Short title.
Section 41-27-20. Declaration of state public policy.
Section 41-27-30. Construction.
Section 41-27-120. Agricultural labor.
Section 41-27-130. Annual payroll.
Section 41-27-140. Average weekly wage.
Section 41-27-150. Base period.
Section 41-27-160. Benefit year.
Section 41-27-190. Department.
Section 41-27-200. Contributions.
Section 41-27-220. Employing unit.
Section 41-27-230. Employment.
Section 41-27-235. Employment by Native American tribes; benefits; contributions.
Section 41-27-240. Employment office.
Section 41-27-250. Employment security administration fund.
Section 41-27-260. Exempted employment.
Section 41-27-290. Institution of higher education.
Section 41-27-300. Insured work.
Section 41-27-310. Insured worker.
Section 41-27-320. Payments in lieu of contributions.
Section 41-27-330. Secretary of Labor.
Section 41-27-340. Educational institution.
Section 41-27-360. Statewide average weekly wage.
Section 41-27-370. Unemployed.
Section 41-27-410. Departmental administrative contingency assessment.
Section 41-27-510. Promulgation of regulations regarding unemployed individuals.
Section 41-27-520. Included and excluded service.
Section 41-27-525. Availability of benefits for persons seeking only part-time work.
Section 41-27-530. Separate establishments deemed single employing unit.
Section 41-27-540. Individuals employed to assist agents or employees.
Section 41-27-550. Reciprocal agreements.
Section 41-27-560. Prohibition of libel or slander actions.
Section 41-27-570. Defense of suits involving duties of department.
Section 41-27-580. Representation of department in civil actions.
Section 41-27-590. Prosecution of criminal actions.
Section 41-27-600. Compromises.
Section 41-27-610. Place where failure to perform acts deemed to occur.
Section 41-27-620. Department's certificate as prima facie evidence.
Section 41-27-630. Liability of State and department for payment of benefits.
Section 41-27-700. Department of Employment and Workforce Review Committee; creation.
Section 41-27-710. Committee membership; organization; meetings; quorum.
Section 41-27-720. Duties of committee.
Section 41-27-725. Powers of committee; oaths and affirmations; depositions; subpoenas.
Section 41-27-730. Expenses of committee and its members.