14 April 2020

South Carolina Executive Order exempts COVID-19 furlough payments from covered earnings for UI purposes

Executive Order 2020-22, signed by Governor Henry McMaster on April 7, 2020, instructs the South Carolina Department of Employment & Workforce to exclude from the definition of South Carolina unemployment insurance (UI) wages payments that employers make to employees during a period they are laid off due to the economic impact of COVID-19 (COVID-19 Support Payment).

As a result of the Executive Order, qualifying COVID-19 Support Payments are excluded from wages subject to South Carolina UI employer contributions and are not considered when determining an employee's eligibility for South Carolina UI benefits.

Defining what is a COVID-19 support payment

A COVID-19 Support Payment is a voluntary payment, or series of payments, made by an employer to an employee in response to furloughing the employee. The payment is provided to the employee (1) for past services; (2) without obligation for repayment by the employee or the employee's estate; (3) without obligation for the employee to perform or not perform any act in connection with the individual's status as an employee; and (4) pursuant to a plan provided to the Department on a form the Department will prepare and publish to its website.

Requirement for COVID-19 Support Payment plans

Employers are required to submit COVID-19 Support Payments plans to the Department that include the following details:

  • The anticipated length of the furlough
  • The amount of the COVID-19 Support Payments
  • The names of the employees receiving the COVID-19 Support Payments
  • An attestation that the employer is not making the COVID-19 Support Payments as a form of remuneration for the employees' performance of personal services during the furlough and that employees are not required to return or repay the COVID-19 Support Payments

Employers will file UI claims, according to guidance provided by the Department, for each employee receiving COVID-19 Support Payments.

A COVID-19 Support Payments plan that satisfies the requirements is not required to be approved by Department before an employer makes COVID-19 Support Payments.

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Contact Information
For additional information concerning this Alert, please contact:
 
Workforce Tax Services - Employment Tax Advisory Services
   • Kenneth Hausser (kenneth.hausser@ey.com)
   • Debera Salam (debera.salam@ey.com)
   • Kristie Lowery (kristie.lowery@ey.com)
   • Peter Berard (peter.berard@ey.com)

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ATTACHMENT

EY Payroll News Flash

Document ID: 2020-0974