The department may elect to recover the overpayment by requiring repayment by the individual or deducting the overpayment from any future benefits payable to the individual

The department may also recover the overpayment in the manner provided in §§ 61-5-59 to 61-5-66 , inclusive, for the collection of delinquent contributions. Source: SL 1936 (SS), ch 3 , § 16 (d); SDC 1939, § 17.0844; SL 1974, ch 328 , § 2; SL 1993, ch 377 , § 12; SL 2008, ch 277 , § 129; SDCL § 61-6-23 ; SL 2012, ch 252 , § 59. 61-6-42 . Waiver of right to recover overpayment. The Department of Labor and Regulation may, according to rules promulgated pursuant to chapter 1-26 by the secretary of labor and regulation, waive the right of recovery of any benefits received by any claimant not entitled thereto, if the overpayment was not the fault of the claimant and if, in the judgment of the department, recovery would defeat the purpose of benefits otherwise authorized or would be against equity and good conscience. Source: SL 1974, ch 328 , § 1; SL 1983, ch 22 , § 16; SL 1993, ch 375 , § 36; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 33, eff. Apr. 12, 2011; SDCL § 61-6-23.1 ; SL 2012, ch 252 , § 59.