Title 61 — REEMPLOYMENT ASSISTANCE

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…

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…

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…

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…

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 …

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…

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 §

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.

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…

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…

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.

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…

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…

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…

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…

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…

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 …

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…

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…

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…

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.

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…

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 …