9 chapters · 371 sections in this title.
SDCL § 61-5A-5.1 Election of political subdivision to make payments in lieu of contributions--Notice of election
0.4K chars
Any political subdivisions of the state which are, or become, subject to this title on January 1, 1978, may elect to become liable for payments in lieu of contributions for a period of not less than two taxable years beginning with January 1, 1978, provided it files with the depa…
SDCL § 61-5A-5.2 Election of political subdivisions becoming subject to title
0.5K chars
Any political subdivision which becomes subject to this title on or after January 1, 1978, may elect to become liable for payments in lieu of contributions for a period of not less than two calendar years beginning with the date on which such subjectivity begins by filing a writt…
SDCL § 61-5A-6 Election by nonprofit organization to make payments in lieu of contributions--Minimum period of election
0.4K chars
Any nonprofit organization which is, or becomes, subject to this title on January 1, 1972 may elect to become liable for payments in lieu of contributions for a period of not less than two taxable years beginning with January 1, 1972 provided it files with the department a writte…
SDCL § 61-5A-7 Election by newly covered nonprofit organization--Time and minimum period of election
0.5K chars
Any nonprofit organization which becomes subject to this title after January 1, 1972 may elect to become liable for payments in lieu of contributions for a period of not less than two calendar years beginning with the date on which such subjectivity begins by filing a written not…
SDCL § 61-5A-8 Continuation of nonprofit organization's or political subdivision's election until terminated
0.5K chars
Any nonprofit organization which makes an election in accordance with § 61-5A-6 or 61-5A-7 or any political subdivision which makes an election in accordance with § 61-5A-5.2 will continue to be liable for payments in lieu of contributions until it files with the department a wri…
SDCL § 61-5A-9 Change by nonprofit organization or political subdivision from contribution to reimbursement of benefits--Minimum period of election
0.5K chars
Any nonprofit organization or political subdivision which has been paying contributions under this title for a period subsequent to January 1, 1972 may change to a reimbursable basis by filing with the department not later than thirty days prior to the beginning of any taxable ye…
SDCL § 61-5A-9.1 Nonprofit organization not liable for reimbursed benefits paid to individuals with previously uncovered service
0.6K chars
Any nonprofit organization which elects to make payments in lieu of contributions into the unemployment compensation fund as provided in § 61-5A-6 , 61-5A-7 or 61-5A-9 , is not liable to make such payments with respect to the benefits paid to any individual whose base period wage…
SDCL § 61-6-1 Requirements for eligibility for benefits during week
1.3K chars
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…
SDCL § 61-6-1.1 Repealed by SL 1991, ch 414 , § 2
0.1K chars
61-6-1.2 , 61-6-1.3. Transferred to §§ 61-6-24 , 61-6-25 by SL 2012, ch 252, § 59.
SDCL § 61-6-1.10 SDCL 61-6-1.10
0.1K chars
Transferred to § 61-6-13 by SL 2012, ch 252, § 59.
SDCL § 61-6-1.4 SDCL 61-6-1.4
0.1K chars
Transferred to § 61-6-30 by SL 2012, ch 252, § 59.
SDCL § 61-6-1.5 SDCL 61-6-1.5
0.1K chars
Transferred to § 61-6-34 by SL 2012, ch 252, § 59.
SDCL § 61-6-1.6 SDCL 61-6-1.6
0.1K chars
Transferred to § 61-6-26 by SL 2012, ch 252, § 59.
SDCL § 61-6-1.7 SDCL 61-6-1.7
0.1K chars
Transferred to § 61-6-28 by SL 2012, ch 252, § 59.
SDCL § 61-6-1.8 SDCL 61-6-1.8
0.0K chars
Repealed by SL 1990, ch 415 , § 4.
SDCL § 61-6-1.9 SDCL 61-6-1.9
0.1K chars
Transferred to § 61-6-33 by SL 2012, ch 252, § 59.
SDCL § 61-6-10 SDCL 61-6-10
0.0K chars
Repealed by SL 1971, ch 276 , § 93.
SDCL § 61-6-11 SDCL 61-6-11
0.0K chars
Repealed by SL 1983, ch 22 , § 13.
SDCL § 61-6-12 SDCL 61-6-12
0.0K chars
Repealed by SL 1993, ch 377 , § 11.
SDCL § 61-6-13 Benefits denied to persons employed while incarcerated--Reemployment
0.6K chars
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…
SDCL § 61-6-13.1 SDCL 61-6-13.1
0.1K chars
Transferred to § 61-6-9.1 by SL 2012, ch 252, § 59.
SDCL § 61-6-14 Separation for misconduct--Additional claims during benefit year
0.9K chars
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…
SDCL § 61-6-14.1 Misconduct defined
1.0K chars
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…
SDCL § 61-6-15 Benefits not payable for unemployment due to labor dispute--Exceptions
1.3K chars
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…
SDCL § 61-6-15.1 SDCL 61-6-15.1
0.1K chars
Transferred to § 61-6-21 by SL 2012, ch 252, § 59.
SDCL § 61-6-15.2 Transferred to § 61-6-20 by SL 2012, ch 252, § 59
0.1K chars
61-6-15.3 , 61-6-15.4. Transferred to §§ 61-6-22 , 61-6-23 by SL 2012, ch 252, § 59.
SDCL § 61-6-16 Failure to seek or accept suitable employment
1.0K chars
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…
SDCL § 61-6-17 Factors considered in determining suitability of offered employment
0.7K chars
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…
SDCL § 61-6-19 Work deemed unsuitable due to labor dispute, unfavorable working conditions, or requirement as to union membership
0.8K chars
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…
SDCL § 61-6-2 Computation of weekly benefit amount
1.5K chars
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…
SDCL § 61-6-20 Student may not receive benefits
0.4K chars
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…
SDCL § 61-6-21 Benefits payable to individual in approved training program--Rules establishing conditions for approval of training
0.8K chars
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…
SDCL § 61-6-22 Repealed by SL 2014, ch 250 , §§ 1, 2, eff
0.7K chars
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…
SDCL § 61-6-23 Benefits for individuals seeking only part-time work
0.7K chars
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…
SDCL § 61-6-23.1 SDCL 61-6-23.1
0.1K chars
Transferred to § 61-6-42 by SL 2012, ch 252, § 59.
SDCL § 61-6-23.2 Transferred to § 61-6-45 by SL 2012, ch 252, § 59
0.1K chars
61-6-23.3 , 61-6-23.4. Transferred to §§ 61-6-43 , 61-6-44 by SL 2012, ch 252, § 59.
SDCL § 61-6-24 Benefits based on employment by state or instrumentalities or by religious, charitable, or educational organization--Exception
1.1K chars
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…
SDCL § 61-6-24.1 SDCL 61-6-24.1
0.1K chars
Transferred to § 61-6-40 by SL 2012, ch 252, § 59.
SDCL § 61-6-25 Benefits not paid employees of educational institutions for services between successive academic years--Grounds for retroactive payments
0.9K chars
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…
SDCL § 61-6-26 Benefits not paid for established vacation period or holiday recess preceded and followed by insured work
0.6K chars
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…
SDCL § 61-6-27 Repealed by SL 2008, ch 277 , § 134
3.3K chars
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 …
SDCL § 61-6-28 Application of provisions as to periods between academic years, sabbatical leaves, and vacation and holiday periods to certain employment
0.4K chars
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…
SDCL § 61-6-29 Employee working for an employer under contract with a public or private school
0.5K chars
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 …
SDCL § 61-6-3 SDCL 61-6-3
0.0K chars
Repealed by SL 1993, § 10.
SDCL § 61-6-30 Benefits not paid for participation in sports or athletic events between successive seasons
0.7K chars
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…
SDCL § 61-6-33 Federal school employees not disqualified
0.4K chars
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…
SDCL § 61-6-34 Benefits not paid to aliens--Exceptions--Determination of alien status
1.2K chars
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…
SDCL § 61-6-35 Benefits not payable for week in which other compensation received
2.0K chars
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. …
SDCL § 61-6-36 Benefits prohibited in more than one benefit year as the result of one separation from work
1.0K chars
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…
SDCL § 61-6-37 Benefits not payable when benefits sought under other unemployment compensation law--Determination of ineligibility under other law
0.7K chars
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…