Title 61 — REEMPLOYMENT ASSISTANCE

An unemployed individual is eligible to receive benefits with respect to any week only if the department finds that: (1) The individual has registered for work at and thereafter has continued to report at an employment office in accordance with rules promulgated by the department…

61-6-1.2 , 61-6-1.3. Transferred to §§ 61-6-24 , 61-6-25 by SL 2012, ch 252, § 59.

Transferred to § 61-6-13 by SL 2012, ch 252, § 59.

Transferred to § 61-6-30 by SL 2012, ch 252, § 59.

Transferred to § 61-6-34 by SL 2012, ch 252, § 59.

Transferred to § 61-6-26 by SL 2012, ch 252, § 59.

Transferred to § 61-6-28 by SL 2012, ch 252, § 59.

Repealed by SL 1990, ch 415 , § 4.

Transferred to § 61-6-33 by SL 2012, ch 252, § 59.

Repealed by SL 1971, ch 276 , § 93.

Repealed by SL 1983, ch 22 , § 13.

Repealed by SL 1993, ch 377 , § 11.

An unemployed individual who was last employed, the employment being at least thirty calendar days in duration, while incarcerated in a custodial or penal institution, and terminated from the employment because of transfer or release from the institution, is denied benefits until…

Transferred to § 61-6-9.1 by SL 2012, ch 252, § 59.

An unemployed individual who was discharged or suspended from the individual's most recent employment, the employment being at least thirty calendar days in duration for misconduct connected with the individual's work shall be denied benefits until the individual has been reemplo…

As used in this chapter, misconduct is: (1) Failure to obey orders, rules, or instructions, or failure to discharge the duties for which an individual was employed; or (2) Substantial disregard of the employer's interests or of the employee's duties and obligations to the employe…

An individual is not entitled to any benefits for any week with respect to which the secretary finds that the individual's total or partial unemployment is due to a labor dispute at the factory, establishment, or other premises at which the individual is or was last employed. How…

Transferred to § 61-6-21 by SL 2012, ch 252, § 59.

61-6-15.3 , 61-6-15.4. Transferred to §§ 61-6-22 , 61-6-23 by SL 2012, ch 252, § 59.

If the Department of Labor and Regulation finds that an unemployed individual has failed, without good cause, either to apply for available suitable work when so directed by the department or to accept suitable work when offered to the individual, the claimant shall be denied ben…

In determining whether or not any work is suitable for an individual, the department shall consider the degree of risk involved to the individual's health, safety, and morals, the individual's physical fitness and prior training, the individual's experience and prior earnings, th…

Notwithstanding any other provisions of this title, no work is deemed suitable and no benefits may be denied under this title to any otherwise eligible individual for refusing to accept new work under any of the following conditions: (1) If the position offered is vacant due dire…

An individual's weekly benefit amount is computed as follows: For each fiscal year, one twenty-sixth of the wages paid for insured work in the individual's quarter of highest earnings in the individual's base period, but not to exceed an amount equal to fifty percent of the avera…

A person attending a high school, vocational school, college or university is considered principally occupied as a student if school attendance substantially reduces the opportunity for reemployment. A person who is principally occupied as a student may not receive reemployment a…

Notwithstanding any other provisions in this chapter, no otherwise eligible individual may be denied benefits for any week because the individual is in training with the approval of the department, nor may any such individual be denied benefits with respect to any week in which t…

Feb. 1, 2015. 61-6-23 Benefits for individuals seeking only part-time work. 61-6-23.1 Transferred to § 61-6-42 by SL 2012, ch 252 , § 59. 61-6-23.2 Transferred to § 61-6-45 by SL 2012, ch 252 , § 59. 61-6-23.3 Transferred to §§ 61-6-43 , 61-6-44 by SL 2012, ch 252 , § 59. 61-6-24…

No individual may be denied regular benefits based on availability for work pursuant to subdivision 61-6-1(3), actively seeking work pursuant to rules promulgated pursuant to § 61-6-1 , or refusal to accept work pursuant to § 61-6-16 , solely because the individual is seeking onl…

Transferred to § 61-6-42 by SL 2012, ch 252, § 59.

61-6-23.3 , 61-6-23.4. Transferred to §§ 61-6-43 , 61-6-44 by SL 2012, ch 252, § 59.

Benefits based on service in employment defined in §§ 61-1-13 and 61-1-15 shall be payable in the same amount, on the same terms and subject to the same conditions as benefits payable on the basis of other service subject to this chapter. However, with respect to service performe…

Transferred to § 61-6-40 by SL 2012, ch 252, § 59.

With respect to services performed in any other capacity for an educational institution, no benefits may be paid to an individual on the basis of the individual's services for any week that commences between two successive academic years or terms if the individual performs the se…

No benefits authorized by § 61-6-24 or 61-6-25 may be paid to an individual for any week which commences during an established and customary vacation period or a holiday recess if the individual performed insured work in the period immediately preceding the period or recess and t…

61-6-28 Application of provisions as to periods between academic years, sabbatical leaves, and vacation and holiday periods to certain employment. 61-6-29 Employee working for an employer under contract with a public or private school. 61-6-30 Benefits not paid for participation …

The provisions of §§ 61-6-24 to 61-6-26 , inclusive, apply to benefits based on service performed in an education institution while in the employ of an education service agency and to benefits based on service in employment defined in §§ 61-1-13 and 61-1-15 provided to or on beha…

Benefits based upon services performed for an employer are subject to §§ 61-6-24 and 61-6-25 if: (1) The employment was provided pursuant to a contract between the employer and a public or private school; (2) The contract was for services which the public or private school could …

Repealed by SL 1993, § 10.

No benefits may be paid to any individual on the basis of any services, substantially all of which consist of participating in sports or athletic events or training or preparing to so participate, for any week which commences during the period between two successive sport seasons…

The exception in §§ 61-6-24 and 61-6-25 that disqualifies an individual because the individual performs services in an educational institution does not disqualify an individual who is in the employ of an elementary or secondary school operated by the federal government or an agen…

No benefits may be paid on the basis of services performed by an alien unless the alien is an individual who was lawfully admitted for permanent residence at the time the services were performed, was lawfully present for purposes of performing the services, or was permanently res…

No individual is entitled to any benefits for a week for which the individual is receiving, has received, or will receive remuneration in the form of: (1) Termination, vacation, holiday, severance, or dismissal payments or wages in lieu of notice whether legally required or not. …

The wage credits of an individual earned in employment with base period employers during the period commencing with the end of the base period and ending on the date on which the individual filed a valid claim are not available for benefit purposes in a subsequent benefit year un…

An individual is not entitled to any benefits for any week with respect to which or a part of which the individual has received or is seeking reemployment assistance under a reemployment assistance or unemployment compensation law of another state or of the United States. However…

It is unlawful for any person to make a false statement or representation knowing it to be false or knowingly fail to disclose a material fact to obtain or increase any benefits or other payments under this title, or under an unemployment insurance law of another state, of the fe…

Any individual who has willfully or fraudulently misrepresented any fact to secure or increase benefits under this title shall be denied benefits for weeks of otherwise compensable unemployment, as defined in this chapter from and after the date such misrepresentation or fraudule…

No individual is entitled to benefits unless the individual's base period wages paid in other than the individual's highest quarter equal or exceed twenty times the individual's weekly benefit amount, and unless the wages paid for insured work in the individual's quarter of highe…

A person who attempts to obtain benefits or payments in violation of § 61-6-38 , but does not obtain any benefits or payments, or a person who violates § 61-6-38 and obtains benefits or payments in an amount of two hundred dollars or less, is guilty of a Class 1 misdemeanor. A pe…

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 cla…

If an agency administering another reemployment assistance or unemployment compensation law in another state has overpaid benefits to an individual located in South Dakota, the Department of Labor and Regulation may, in its own name and acting as agent for such other agency, coll…

Any benefit erroneously paid which is not repaid shall bear interest at the rate of Category C rate of interest under subdivision 54-3-16 (3). If the claimant was at fault in causing the overpayment, interest applies from the date of the determination of overpayment until payment…