Title 61, REEMPLOYMENT ASSISTANCE

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…

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…

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…

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…

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…

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…

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…

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…

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…

For the purposes of §§ 61-6A-1 to 61-6A-14 , inclusive, the term, employer, includes any Indian tribe for which service in employment as defined under Title 61 is performed. The term, tribal unit, means subdivisions, subsidiaries, or business enterprises, wholly owned by an India…

If any Indian tribe or any tribal unit fails to make any required payments, including assessments of interest and penalty, after all collection efforts deemed necessary by the department have been exhausted, no services performed for such tribe or tribal unit may be treated as em…

If any Indian tribe or tribal unit loses coverage under § 61-6A-10 , the department may again include services performed for such tribe as employment for purposes of § 61-6A-2 if all contributions, payments in lieu of contributions, penalties, and interest have been paid. Source:…

Any notice of payment and reporting delinquency to any Indian tribe or tribal unit shall include information indicating that failure to make full payment within the prescribed time frame: (1) Shall cause the Indian tribe to be liable for taxes under the Federal Unemployment Tax A…

Extended benefits paid that are attributable to service in the employ of an Indian tribe and not reimbursed by the federal government shall be financed in their entirety by the Indian tribe. Source: SL 2002, ch 244 , § 13.

If any Indian tribe fails to make payments required under §§ 61-6A-1 to 61-6A-10 , inclusive, including assessments of interest and penalty, within ninety days of a final notice of delinquency, the department shall immediately notify the United States Internal Revenue Service and…

For the purposes of §§ 61-6A-1 to 61-6A-14 , inclusive, the term, employment, includes any service performed in the employ of an Indian tribe, as defined in section 3306(u) of the Federal Unemployment Tax Act (FUTA), as of December 21, 2000, if the service is excluded from employ…

Benefits based on service in employment defined in §§ 61-6A-1 to 61-6A-14 , inclusive are payable in the same amount, on the same terms, and subject to the same conditions, as benefits payable based on other services subject to Title 61. However, the provisions of §§ 61-6-24 , 61…

Each Indian tribe or tribal unit subject to §§ 61-6A-1 to 61-6A-14 , inclusive shall pay contributions under the same terms and conditions as any other subject employer, unless the tribe or tribal unit elects to pay into the state unemployment fund amounts equal to the amount of …

Each Indian tribe electing to make payments in lieu of contributions shall make the election in the same manner and under the same conditions as provided in chapter 61-5A pertaining to state and local governments and nonprofit organizations subject to Title 61. Each Indian tribe …

Each Indian tribe or tribal unit shall be billed for the full amount of benefits attributable to service in the employ of the Indian tribe or tribal unit on the same schedule as other employing units that have elected to make payments in lieu of contributions. Source: SL 2002, ch…

At the discretion of the department, any Indian tribe or tribal unit that elects to become liable for payments in lieu of contributions may be required, within thirty days after the effective date of its election, to: (1) Execute and file with the department a surety bond approve…

If any Indian tribe or any tribal unit fails to make any required payments, including assessments of interest and penalty, within ninety days of receipt of the bill, the Indian tribe or tribal unit shall lose the option to make payments in lieu of contributions for the following …

Any Indian tribe that loses the option to make payments in lieu of contributions due to late payment or nonpayment, shall have the option reinstated if, after a period of one year, all contributions have been made timely, provided no contributions, payments in lieu of contributio…

Claims for benefits shall be made in accordance with rules promulgated by the department pursuant to chapter 1-26 . Each employer shall post and maintain printed statements of the regulations in places readily accessible to individuals in the employer's service and shall make ava…

Unless an appeal pursuant to § 61-7-5 is withdrawn, an appeal referee after affording the parties reasonable opportunity for fair hearing, shall affirm or modify the findings of fact and decision of the benefit section. The parties shall be duly notified of such referee's decisio…

If a determination or redetermination allowing benefits is affirmed in any amount by the Department of Labor and Regulation benefits shall be paid promptly regardless of any further appeal or the disposition of the appeal and no injunction, supersedeas, stay or other unit or proc…

The secretary of labor and regulation may on the secretary's own motion affirm, modify, or set aside any decision of an appeal referee on the basis of the evidence previously submitted in the case, or direct the taking of additional evidence, or may permit any of the parties to t…

The Department of Labor and Regulation is a party to any judicial action involving any department decision, and may, if it so elects, become involved in the appeal and be represented by any qualified attorney who has been designated by the department with the approval of the atto…

A final decision of the Department of Labor and Regulation is appealable as provided by chapter 1-26 and no bond may in any event be required for entering such appeal. Source: SL 1936 (SS), ch 3 , § 6 (i); SDC 1939, § 17.0839; SL 1941, ch 90 ; SL 1972, ch 269 , § 6; SL 1984, ch 3…

The benefit section of the department shall promptly examine the claim and, on the basis of the facts found, shall either determine whether or not such claim is valid, and if valid the week with respect to which benefits shall commence, the weekly benefit amount payable, and the …

No individual claiming benefits may be charged fees of any kind in any proceeding under this title by the department or by any court. Violation of this section is a Class 2 misdemeanor. Source: SL 1936 (SS), ch 3 , § 15 (b); SDC 1939, §§ 17.0840, 17.9906; SDCL § 61-7-23 ; SL 1978…

Any individual claiming benefits in any proceeding before the department may be represented by counsel or other duly authorized agent; but no such counsel or agent may either charge or receive for such services more than an amount approved by the department. An employer, includin…

No finding of fact, conclusion of law, decision or final order made by an appeals referee or the secretary of labor and regulation in any action under this chapter may be used as evidence in any separate or subsequent action or proceeding between an individual and the individual'…

The benefit section shall promptly notify the claimant and any other interested party, including former employers whose reserve accounts may be charged, of the decision and the reasons therefor, which notification shall contain a statement showing the claimant's name, the claiman…

The benefit section may, notwithstanding § 61-7-5 , set aside a determination for the purpose of making an adjusted determination based on error of the department or on additional facts obtained. Source: SDC 1939, § 17.0832 as added by SL 1943, ch 85 ; SL 1947, ch 88 , § 13; SL 1…

Unless the claimant, or any other interested party, within fifteen days after notice has been mailed to the claimant's or the interested party's last known address, applies for reopening of the initial determination or files an appeal from the adjusted determination, the determin…

The department shall appoint one or more impartial appeals referees to hear and decide disputed claims. No referee may preside at a hearing in which the referee has an interest in the outcome thereof. Source: SL 1936 (SS), ch 3 , § 6 (d); SDC 1939, § 17.0834; SL 1941, ch 89 ; SL …

The secretary may remove to himself or herself or transfer to another appeal referee the proceedings on any claim pending before an appeal referee. Source: SL 1936 (SS), ch 3 , § 6; SDC 1939, § 17.0835; SL 1947, ch 88 , § 16; SL 2008, ch 277 , § 154.

The manner in which disputed claims shall be presented, the related reports required from the claimant and from employers, and the conduct of hearings and appeals shall be in accordance with rules promulgated pursuant to chapter 1-26 by the secretary of labor and regulation for d…

Witnesses subpoenaed for hearings, appeals, or reviews of benefit claims shall be allowed fees at a rate fixed by the department. Such fees and all expenses of proceedings involving disputed claims shall be deemed a part of the expense of administering this title. Source: SL 1936…