(A) There is a "state 'on' indicator" for this State for a week if the department determines, pursuant to the regulations of the United States Secretary of Labor, that for the period consisting of that week and the immediately preceding twelve weeks the rate of insured unemployment, not seasonally adjusted, under Chapters 27 through 41 of this title:
(1) equaled or exceeded one hundred twenty percent of the average of those rates for the corresponding thirteen week period ending in each of the preceding two calendar years; and
(2) equaled or exceeded five percent. With respect to benefits for weeks of unemployment beginning after July 1, 1977, the determination of whether there has been a "state 'on' or 'off' indicator" for this State beginning or ending an extended benefit period must be made under this section as if:
(a) subsection (A) did not contain item (1); and
(b) the word "five" contained in item (2) of this subsection were "six" except that, notwithstanding a provision of this section, a week for which there would otherwise be a "state 'on' indicator" for this State must continue to be such a week and must not be determined to be a week for which there is a "state 'off' indicator" for this State.
(B) There is a "state 'off' indicator" for this State for a week if, for the period consisting of that week and the immediately preceding twelve weeks, either items (1) or (2) of subsection (A) are not satisfied.
(C) This section applies to weeks beginning after September 25, 1982.
HISTORY: 1962 Code Section 68-127; 1971 (57) 950; 1975 (59) 77; 1977 Act No. 161 Section 15; 1983 Act No. 62 Section 11; 2010 Act No. 146, Section 82, eff March 30, 2010.
Effect of Amendment
The 2010 amendment substituted "department" for "commission"; redesignated all of the subsections in the section; and made other nonsubstantive changes.
Structure South Carolina Code of Laws
Title 41 - Labor and Employment
Chapter 35 - Employment And Workforce - Benefits And Claims
Section 41-35-10. Payment of benefits generally.
Section 41-35-30. Payment of benefits in case of death.
Section 41-35-40. Weekly benefit amount; procedure for reconsideration of determinations.
Section 41-35-50. Maximum potential benefits for year.
Section 41-35-60. Weekly benefits for partial unemployment.
Section 41-35-65. Wages paid for previously uncovered services.
Section 41-35-66. Benefits for participants in sports or athletic events.
Section 41-35-67. Benefits to aliens.
Section 41-35-100. Preservation of benefit rights of persons in armed forces.
Section 41-35-110. Conditions of eligibility for benefits.
Section 41-35-115. Service as witness or juror not to constitute disqualification for benefits.
Section 41-35-120. Disqualification for benefits.
Section 41-35-125. Benefits for individuals unemployed as a result of domestic abuse.
Section 41-35-126. Military relocation benefits.
Section 41-35-130. Payments which must not be charged to former employer.
Section 41-35-135. Charge of overpaid benefits to employer's account.
Section 41-35-140. Disclosure regarding child support obligations; deductions from benefits due.
Section 41-35-310. "Extended benefit period" defined.
Section 41-35-320. Payment of extended unemployment security benefits when federally funded.
Section 41-35-330. "State 'on' indicator" and "State 'off' indicator" defined.
Section 41-35-340. "Rate of insured unemployment" defined.
Section 41-35-350. "Regular benefits" defined.
Section 41-35-360. "Additional benefits" defined.
Section 41-35-370. "Extended benefits" defined.
Section 41-35-380. "Eligibility period" defined.
Section 41-35-390. "Exhaustee" defined.
Section 41-35-400. "State law" defined.
Section 41-35-410. Application of provisions relating to regular benefits.
Section 41-35-420. Eligibility for extended benefits.
Section 41-35-430. Weekly extended benefit amount.
Section 41-35-440. Total extended benefit amount.
Section 41-35-610. Procedures must be pursuant to department regulations; duties of employers.
Section 41-35-620. Notice of determination of insured status.
Section 41-35-640. Reconsideration of determinations.
Section 41-35-650. Notification of denial.
Section 41-35-680. Decision on appeal.
Section 41-35-690. Exclusive procedure for appeals.
Section 41-35-700. Appeal tribunals.
Section 41-35-710. Appellate Panel review of appeal tribunal decision.
Section 41-35-720. Conduct of appealed claims.
Section 41-35-730. Fees of subpoenaed witnesses.
Section 41-35-740. Judicial review of department's decision.
Section 41-35-750. Procedure to obtain review.
Section 41-35-760. Publication of department regulations on electronic website.