Title 61 — REEMPLOYMENT ASSISTANCE
9 chapters · 371 sections in this title.
SDCL § 61-6-45 Cancellation of uncollectible overpayments
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If benefit sums paid remain unpaid by the recipient or have not been deducted from benefits payable to the recipient within ten years following the date the overpayment was established, the secretary of labor and regulation may declare the sums uncollectible and cancel the overpa…
SDCL § 61-6-46 Benefits restricted to amount in the unemployment compensation fund
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Benefits are due and payable under this title only to the extent provided in this title and to the extent that moneys are available therefor to the credit of the unemployment compensation fund. Neither the state nor the department nor the secretary is liable for any amount in exc…
SDCL § 61-6-47 Waiver of rights and benefits prohibited--Violation as misdemeanor
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No employer may directly or indirectly require or accept any waiver of any right under this title by any employee. Any agreement by an employee to waive, release, or commute the employee's rights to benefits or any other rights under this title is void. Any employer or officer or…
SDCL § 61-6-48 Assignment of benefits void--Exemption from process--Waiver of exemption void--Information furnished to Department of Social Services--Disclosure of obligations by applicant--Deductions--Reimbursement of costs
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Any assignment, pledge, or encumbrance of any right to benefits which are or may become due or payable under this title is void except as provided in this section. The rights to benefits are exempt from levy, execution, attachment, or any other remedy provided for the collection …
SDCL § 61-6-49 Extended benefits--Definition of terms
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Terms used in §§ 61-6-50 to 61-6-63 , inclusive, mean: (1) "Additional benefits," benefits totally financed by a state and payable under a state law to exhaustees by reason of conditions of high unemployment or by reason of other special factors, such as an exhaustee's being in t…
SDCL § 61-6-5 Benefits payable for each week of unemployment--Reduction for wages earned or received during week
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For each individual who is unemployed in any week, as defined in §§ 61-1-51 to 61-1-54 , inclusive, benefits with respect to that week are paid in an amount determined by §
SDCL § 61-6-50 Computation of unemployment rate to follow federal regulations
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Computations required by the provisions of subdivision 61-6-49 (5) shall be made by the department, in accordance with regulations prescribed by the United States secretary of labor. Source: SL 1971, ch 276 , § 91; SDCL § 61-6-30 ; SL 2012, ch 252 , § 59.
SDCL § 61-6-51 Determination of state "on" indicator
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With respect to compensation for weeks of unemployment, there is a state "on" indicator for this state for a week if the director determines, in accordance with the regulations of the United States secretary of labor, that for the period consisting of that week and the immediatel…
SDCL § 61-6-52 Determination of state "off" indicator
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With respect to compensation for weeks of unemployment, there is a state "off" indicator for this state for a week if the director determines, in accordance with the regulations of the United States secretary of labor, that for the period consisting of that week and the immediate…
SDCL § 61-6-53 Minimum period between extended benefit periods
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No extended benefits period may begin by reason of a state "on" indicator before the fourteenth week following the end of a prior extended benefit period which was in effect with respect to this state. Source: SL 1971, ch 276 , § 82; SDCL § 61-6-35 ; SL 2012, ch 252 , § 59.
SDCL § 61-6-54 Public announcement of commencement or termination of extended benefit period
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Whenever an extended benefit period is to become effective in this state (or in all states) as a result of a state or a national "on" indicator, or an extended benefit period is to be terminated in this state as a result of state and national "off" indicators, the department shal…
SDCL § 61-6-55 Extended benefits limited to exhaustees--Eligibility for regular benefits
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An individual is eligible to receive extended benefits with respect to any week of unemployment in the individual's eligibility period only if the department finds that with respect to such week the individual is an exhaustee, as defined in § 61-6-56 , and the individual has sati…
SDCL § 61-6-56 Exhaustee defined
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The term, exhaustee, under the provisions of §§ 61-6-49 to 61-6-63 , inclusive, means an individual who, with respect to any week of unemployment in the individual's eligibility period: (1) Has received, prior to the week, all of the regular benefits that were payable to the indi…
SDCL § 61-6-57 Qualification for extended benefits despite receipt of more payments after appeal--Seasonal workers--Disqualified applicants for regular benefits
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For the purposes of § 61-6-56 , an individual is considered to have received, in the individual's applicable benefit year, all of the regular benefits that were payable or available to the individual, even though: (1) As a result of a pending appeal with respect to wages or emplo…
SDCL § 61-6-58 Qualification for extended benefits on termination of regular benefit year
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The term, exhaustee, under the provisions of §§ 61-6-49 to 61-6-63 , inclusive, includes an individual who, with respect to any week of unemployment in the individual's eligibility period: (1) The individual's benefit year having ended prior to that week, has insufficient wages o…
SDCL § 61-6-59 Applicable benefit year defined
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The term, applicable benefit year, means, with respect to an individual, the individual's current benefit year if at the time the individual files a claim for extended benefits the individual has an unexpired benefit year only in the state in which the individual files the claim …
SDCL § 61-6-6 Eligibility requirements for waiting period
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No week may be counted as a week of unemployment for the purpose of subdivision 61-6-1(4): (1) Unless it occurs within the benefit year which includes the week with respect to which the individual claims benefits; (2) If benefits have been paid with respect thereto; and (3) Unles…
SDCL § 61-6-60 Amount of weekly extended benefit--Reduction
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The weekly extended benefit amount payable to an individual for a week of total unemployment in the individual's eligibility period shall be an amount equal to the weekly benefit amount payable to the individual during the individual's applicable benefit year. However, for any we…
SDCL § 61-6-61 Maximum extended benefits payable in year--Reduction of total extended benefit amount
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The total extended benefit amount payable to any eligible individual with respect to the individual's applicable benefit year shall be the least of the following amounts: (1) Fifty percent of the total amount of regular benefits which were payable to the individual under this tit…
SDCL § 61-6-62 Extended benefits not chargeable to employer
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No benefits payable under § 61-6-61 are chargeable to an employer's experience-rating account. Source: SL 1971, ch 276 , § 92; SL 2008, ch 277 , § 146; SDCL § 61-6-41 ; SL 2012, ch 252 , § 59.
SDCL § 61-6-63 Claims for and payment of extended benefits
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Except when the result would be inconsistent with the provisions of §§ 61-6-49 to 61-6-66 , inclusive, the provisions of this title which apply to claims for, or the payment of, regular benefits shall apply to claims for, and the payment of, extended benefits. Source: SL 1971, ch…
SDCL § 61-6-64 Administration of extended benefits to conform to federal requirements
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In the administration of the provisions of §§ 61-6-49 to 61-6-66 , inclusive, which are enacted to conform with the requirements of the Federal-State Extended Unemployment Compensation Act of 1970 as amended as of January 1, 1993, the department shall take such action as may be n…
SDCL § 61-6-65 Interstate claims--Eligibility for extended benefits
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No extended benefits are payable for any week of unemployment to any individual for any week pursuant to an interstate claim filed in any state under the interstate benefit plan if an extended benefit period is not in effect for the state. However, this section does not apply wit…
SDCL § 61-6-66 Disqualification for extended benefits on failure to seek or accept suitable work--Exception
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No individual may receive extended benefits for any week of unemployment in the individual's eligibility period if the secretary finds that during the period the individual failed to accept an offer of suitable work, failed to apply for suitable work to which the individual was r…
SDCL § 61-6-67 Voluntary withholding of federal income tax from benefit payments
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Any person filing a new claim for reemployment assistance shall, at the time of filing the claim, be advised that: (1) Reemployment assistance is subject to federal income tax; (2) Requirements exist pertaining to estimated tax payments; (3) The person may elect to have federal i…
SDCL § 61-6-68 Eligibility verification--Information sharing
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Each month, the Department of Labor and Regulation must: (1) Compare the list of reemployment assistance recipients with new hire records and the state’s New Hire Data and the National Directory of New Hires to verify eligibility; (2) Check the list of reemployment assistance rec…
SDCL § 61-6-7 Wages for insured work
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For the purpose of subdivision 61-6-1 (5), wages shall be counted as wages for insured work for benefit purposes with respect to any benefit year only if the benefit year begins subsequent to the date on which the employer from whom the wages were earned has satisfied the conditi…
SDCL § 61-6-8 Maximum benefit amount based on base period wages--Trade readjustment payments
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Unless the provisions of §§ 61-6-49 to 61-6-64 , inclusive, apply, an individual's maximum benefit amount is an amount equal to one-third of the individual's total base period wages in covered employment not to exceed twenty-six times the individual's weekly benefit amount. If th…
SDCL § 61-6-9 Voluntary separation without good cause--Additional claims during benefit year--Trade readjustment payments
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An unemployed individual who, voluntarily without good cause, left the most recent employment of an employer or employing unit, after employment lasting at least thirty calendar days is denied benefits until the individual has been reemployed at least six calendar weeks in insure…
SDCL § 61-6-9.1 Good cause for voluntarily leaving employment restricted to certain situations
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Good cause for voluntarily leaving employment is restricted to leaving employment because: (1) Continued employment presents a hazard to the employee's health. However, this subdivision applies only if: (a) Before separation from the employment, the employee is examined by a lice…