Title 61 — REEMPLOYMENT ASSISTANCE

Any money in the employment security administration fund shall be deposited, administered, and disbursed in the same manner and under the same conditions and requirements as is provided by law for other special funds in the state treasury. However, no money in this fund may be co…

The state treasurer is liable on the state treasurer's official bond for the faithful performance of the treasurer's duties in connection with the employment security administration fund provided for under this chapter. The liability exists in addition to any liability upon any s…

This state recognizes its obligation to replace, and hereby pledges the faith of this state that funds will be provided in the future, and applied to the replacement of, any moneys received from the United States secretary of the treasury under Title III of the Social Security Ac…

Refunds of interest, penalties and fines erroneously collected pursuant to this title may be made from this fund, or from the interest, penalty and fine moneys which are temporarily in the clearing account in the unemployment compensation fund pending their transfer to the employ…

The secretary of labor and regulation may require from any employing unit any sworn or unsworn reports, with respect to persons employed by it, which the secretary deems necessary for the effective administration of this title. Source: SL 1936 (SS), ch 3 , § 11 (g); SDC 1939, § 1…

The moneys in this fund are continuously available to the department, with prior approval by the Governor, for expenditures and refunds in accordance with the provisions of §§ 61-3-28 and

If on September thirtieth of any calendar year the balance in the employment security contingency fund exceeds fifteen thousand dollars by one thousand dollars or more, the state treasurer shall transfer the excess to the unemployment compensation fund. Source: SL 1968, ch 86 , §…

No information obtained under § 61-3-2 or 61-3-3 may be published or open to public inspection other than to public employees in the performance of their public duties in any manner revealing the employing unit's identity, but any claimant at a hearing before the Department of La…

No letter, report, communication, or other matter, whether oral or written, from the employer, the employer's agents, representatives or employees, to each other or to the secretary of labor and regulation, the secretary's agents, representatives or employees, which have been wri…

The department shall maintain any record relating to benefit claims for a period of two years and any record relating to employer contributions for a period of five years. In order to conserve filing and storage space, the secretary may thereafter order such a record destroyed. T…

In the discharge of the duties imposed by this title, the secretary of labor and regulation and any duly authorized representative of the secretary may administer oaths and affirmations, take depositions, certify to official acts, and issue subpoenas to compel the attendance of w…

No person may be excused from attending and testifying or from producing books, papers, correspondence, memoranda, and other records before the Department of Labor and Regulation or in obedience to the subpoena of the secretary or any duly authorized representative of the secreta…

Any person who without just cause fails or refuses to attend and testify or to answer any lawful inquiry or to produce books, papers, correspondence, memoranda, or other records, if it is in the person's power to do so, in obedience to a subpoena issued pursuant to the provisions…

There is hereby established as a special fund separate and apart from all public moneys or funds of this state an unemployment compensation fund, which shall be administered by the Department of Labor and Regulation exclusively for the purpose of this title. Source: SL 1936 (SS),…

Moneys in the clearing and benefit accounts may be deposited under the direction of the secretary of labor and regulation in any bank or public depository in which general funds of the state may be deposited. However, no public deposit insurance charge or premium may be paid out …

If after twenty - four months, any check or warrant issued pursuant to the provisions of this title is unclaimed by the intended recipient, the amount of such check shall remain or revert to the credit of the original fund or account against which it was drawn, any provisions of …

Repealed by SL 1969, ch 86 .

The provisions of §§ 61-4-1 to 61-4-11 , inclusive, to the extent that they relate to the unemployment trust fund shall be operative only so long as such unemployment trust fund continues to exist and so long as the secretary of the treasury of the United States of America contin…

If and when the unemployment trust fund ceases to exist, or the separate book account mentioned in § 61-4-13 is no longer maintained, all moneys, properties, or securities therein belonging to the unemployment compensation fund of this state shall be transferred to the secretary …

Moneys transferred to the secretary of labor and regulation pursuant to § 61-4-14 shall be invested in the following readily marketable classes of securities: bonds or other interest-bearing obligations of the United States of America or of the state of South Dakota. Such investm…

The unemployment compensation fund shall consist of: (1) All contributions collected under this title together with any interest and penalties thereon collected pursuant to §§ 61-5-57 and 61-5-58 ; (2) Interest earned upon any moneys in the fund; (3) Any property or securities ac…

The secretary of labor and regulation is custodian of the fund and shall administer the fund and shall issue warrants or checks upon it. The secretary is liable on the secretary's official bond for the faithful performance of the secretary's duties as custodian of the unemploymen…

The department shall maintain within the unemployment compensation fund four separate accounts: (1) A clearing account; (2) An unemployment trust fund account; (3) A benefit account; and (4) A pool account. Source: SL 1936 (SS), ch 3 , § 9 (b); SDC 1939, § 17.0819; SL 1943, ch 81…

All moneys payable to the unemployment compensation fund upon receipt thereof by the Department of Labor and Regulation shall immediately be deposited in the clearing account. Refunds payable pursuant to §§ 61-1-31 and 61-5-56 may be paid from the clearing account. After clearanc…

Moneys shall be requisitioned from this state's account in the unemployment trust fund solely for the payment of benefits and refunds to employers. The secretary of labor and regulation shall from time to time requisition from the unemployment trust fund only such amounts as are …

Upon receipt thereof, the secretary shall deposit the moneys requisitioned for the payment of benefits in the benefit account and shall issue warrants or checks for the payment of benefits solely from the benefit account. The secretary shall deposit the moneys requisitioned for t…

Any balance of moneys requisitioned from the unemployment trust fund, which remains unclaimed or unpaid in the benefit account or clearing account after the expiration of the period for which sums were requisitioned, shall either be deducted from estimates for, and may be utilize…

The benefit account shall consist of all moneys requisitioned from the state's account in the unemployment trust fund. Source: SL 1936 (SS), ch 3 , § 9 (b); SDC 1939, § 17.0819; SL 1943, ch 81 ; SL 1965, ch 97 , § 3.

Ord. 11-1 ), § 33, eff. Apr. 12, 2011; SDCL § 61-5-43 ; SL 2012, ch 252 , § 59.

Source: SL 1971, ch 276 , §§ 70, 71; SDCL Supp, § 61-5A-2 ; SL 1974, ch 327 , § 1; SL 1977, ch 420 , § 20; SL 2013, ch 258 , § 15.

The administrative fee provided in this section applies to taxable wages paid on and after January 1, 2018. Source: SL 2017, ch 217 , § 4; SL 2019, ch 217 , § 3; SL 2023, ch 171 , § 5; SL 2025, ch 199 , § 3.

Source: SL 2005, ch 281 , § 3; SDCL § 61-5-32.2; SL 2012, ch 252 , § 59.

Any employing unit which is or becomes an employer subject to this title within any calendar year, is subject to this title during the whole of the calendar year. Source: SL 1936 (SS), ch 3 , § 8; SDC 1939, § 17.0823 (1); SL 1941, ch 86 , § 1; SL 1943, ch 77 , § 5; SL 1961, ch 10…

Repealed by SL 1973, ch 306 , § 4.

An employing unit shall cease to be an employer subject to this title, only as of the first day of January of any calendar year, if it files with the department, prior to the first day of July of such year, a written application for termination of coverage, and the department fin…

Repealed by SL 1977, ch 420 , § 38.

Repealed by SL 1973, ch 306 , § 4.

Repealed by SL 1977, ch 420 , § 38.

The department shall terminate the coverage of any employing unit as of the date on which the employer ceases to have employment because of the sale of the employer's entire business and the employing unit's entire rating account is transferred to another employer under §

61-5-17 Termination of coverage on employer's cessation of business. 61-5-18 Provisions governing employers' contributions. 61-5-18.1 Temporary and obsolete. 61-5-18.5 Repealed by SL 1993, ch 377 , §§ 4 to 9. 61-5-18.11 61-5-18.11 to 61-5-18.13. Repealed by SL 2008, ch 277 , §§ 7…

The department shall terminate coverage for any employer as of January first of any year, if the employer ceases business for any purpose and one calendar year has elapsed since the employer has employed one or more persons for twenty days, each day being in a different week, or …

Contributions to the unemployment compensation fund required for the purposes of this title shall be made and accounted for as provided by §§ 61-5-23 to 61-5-53 , inclusive. Source: SDC 1939, § 17.0822; SL 1947, ch 89 , § 1; SDCL § 61-5-15 ; SL 2012, ch 252 , § 59. 61-5-18.1 to 6…

Repealed by SL 2012, ch 252 , § 56.

Transferred to § 61-5-25.1 by SL 2012, ch 252, § 59.

Transferred to § 61-5-31 by SL 2012, ch 252, § 59.

Transferred to § 61-5-25.2 by SL 2012, ch 252, § 59.

61-5-19.1. Repealed by SL 2008, ch 277 , § 81.

61-5-20 Repealed by SL 1971, ch 276 , § 93. 61-5-20.1 Repealed by SL 1984, ch 334 , § 4. 61-5-20.2 Transferred to § 61-5-24 by SL 2012, ch 252 , § 59. 61-5-20.3 Transferred to §§ 61-5-26 to 61-5-26 .4 by SL 2012, ch 252 , § 59. 61-5-21 Transferred to § 61-5-27 by SL 2012, ch 252 …

Repealed by SL 1971, ch 276 , § 93.

Repealed by SL 1971, ch 276 , § 93.