reglab/housing_qa huggingface dataset:
SD Codified L § 61-6-41 (2021)
2021 South Dakota Codified Laws|Title 61 - Reemployment Assistance|Chapter 06 - Reemployment Assistance Benefits|Section 61-6-41 - Deduction or repayment of overpayments.

61-6-41. Deduction or repayment of overpayments.An individual who was paid any amount as benefits under this title to which the individual is not entitled is liable for repayment of the amount overpaid, or for the amount received in the event of misrepresentation, unless recovery of the overpayment is waived as provided in §61-6-42. The department may elect to recover the overpayment by requiring repayment by the individual or deducting the overpayment from any future benefits payable to the individual. The department may also recover the overpayment in the manner provided in §§61-5-59 to 61-5-66, inclusive, for the collection of delinquent contributions. Source: SL 1936 (SS), ch 3, §16 (d); SDC 1939, §17.0844; SL 1974, ch 328, §2; SL 1993, ch 377, §12; SL 2008, ch 277, §129; SDCL §61-6-23; SL 2012, ch 252, §59.
SD Codified L § 61-6-42 (2021)
2021 South Dakota Codified Laws|Title 61 - Reemployment Assistance|Chapter 06 - Reemployment Assistance Benefits|Section 61-6-42 - Waiver of right to recover overpayment.

61-6-42. Waiver of right to recover overpayment.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 claimant and if, in the judgment of the department, recovery would defeat the purpose of benefits otherwise authorized or would be against equity and good conscience. Source: SL 1974, ch 328, §1; SL 1983, ch 22, §16; SL 1993, ch 375, §36; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011; SDCL §61-6-23.1; SL 2012, ch 252, §59.
SD Codified L § 61-6-43 (2021)
2021 South Dakota Codified Laws|Title 61 - Reemployment Assistance|Chapter 06 - Reemployment Assistance Benefits|Section 61-6-43 - Collection or deduction of overpayments by another state.

61-6-43. Collection or deduction of overpayments by another state.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, collect the overpayment by civil action and pay the net amount recovered to the agency in the manner provided in §§61-5-59 to 61-5-66, inclusive. If benefits are currently payable to the individual, the department may, with notice to the individual, pay as much of the benefits to the agency as are necessary to satisfy the individual's indebtedness to the agency. Source: SL 1981, ch 371, §6; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011; SDCL §61-6-23.3; SL 2012, ch 252, §59; SL 2019, ch 216, §18.
SD Codified L § 61-6-44 (2021)
2021 South Dakota Codified Laws|Title 61 - Reemployment Assistance|Chapter 06 - Reemployment Assistance Benefits|Section 61-6-44 - Interest on benefit not repaid--Interest paid into employment security contingency fund.

61-6-44. Interest on benefit not repaid--Interest paid into employment security contingency fund.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 plus accrued interest is received by the department. If the overpayment was without fault of the claimant, interest shall apply only to any balance unpaid six months after the determination of overpayment and shall continue until payment plus accrued interest is received by the department. Interest collected pursuant to this section shall be paid into the employment security contingency fund. Source: SL 1987, ch 388, §4; SDCL §61-6-23.4; SL 2012, ch 252, §59.
SD Codified L § 61-6-45 (2021)
2021 South Dakota Codified Laws|Title 61 - Reemployment Assistance|Chapter 06 - Reemployment Assistance Benefits|Section 61-6-45 - Cancellation of uncollectible overpayments.

61-6-45. Cancellation of uncollectible overpayments.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 overpayment. The secretary may cancel and waive recovery of such overpayment for which the claimant's liability was established under §61-6-41 upon receipt of proper certification by a Department of Labor and Regulation representative that:(1)The claimant has been duly discharged of such liability by a federal bankruptcy court;(2)The claimant has died and reasonable efforts have been made to recover the overpayment from the claimant's estate; or(3)The overpayment has been outstanding ten years or more after the liability was established and reasonable efforts have been made to recover it. Source: SL 1981, ch 371, §5; SL 2008, ch 277, §130; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011; SDCL §61-6-23.2; SL 2012, ch 252, §59.
SD Codified L § 61-6-46 (2021)
2021 South Dakota Codified Laws|Title 61 - Reemployment Assistance|Chapter 06 - Reemployment Assistance Benefits|Section 61-6-46 - Benefits restricted to amount in the unemployment compensation fund.

61-6-46. Benefits restricted to amount in the unemployment compensation fund.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 excess of such sums. Source: SL 1936 (SS), ch 3, §18; SDC 1939, §17.0843; SL 2008, ch 277, §132; SDCL §61-6-25; SL 2012, ch 252, §59.
SD Codified L § 61-6-47 (2021)
2021 South Dakota Codified Laws|Title 61 - Reemployment Assistance|Chapter 06 - Reemployment Assistance Benefits|Section 61-6-47 - Waiver of rights and benefits prohibited--Violation as misdemeanor.

61-6-47. Waiver of rights and benefits prohibited--Violation as misdemeanor.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 agent of an employer who shall violate any of the provisions of this section against waivers, releases, or commutation of rights to benefits by a person entitled to benefits from the unemployment compensation fund commits a Class 2 misdemeanor. Source: SL 1936 (SS), ch 3, §15 (a); SDC 1939, §§17.0840, 17.9905; SL 1978, ch 359, §2; SL 2008, ch 277, §133; SDCL §61-6-26; SL 2012, ch 252, §59.
SD Codified L § 61-6-49 (2021)
2021 South Dakota Codified Laws|Title 61 - Reemployment Assistance|Chapter 06 - Reemployment Assistance Benefits|Section 61-6-49 - Extended benefits--Definition of terms.

61-6-49. Extended benefits--Definition of terms.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 training with the approval of the state agency;(2)"Eligibility period," the period consisting of the weeks in the individual's benefit year which begin in an extended benefit period and, if the individual's benefit year ends within such extended benefit period, any weeks thereafter which begin in such period;(3)"Extended benefits," benefits (including benefits payable to federal civilian employees and to ex- servicemen pursuant to 5 U.S.C. chapter 85) payable to an individual under the provisions of this section for weeks of unemployment in the individual's eligibility period;(4)"Extended benefits period," a period which begins with the third week after whichever of the following weeks occurs first: a week for which there is a national "on" indicator, or a week for which there is a state "on" indicator, and ends with either of the following weeks, whichever occurs later: the third week after the first week for which there is both a national "off" indicator and a state "off" indicator, or the thirteenth consecutive week of such period;(5)"Rate of insured unemployment," the percentage derived by dividing the average weekly number of individuals filing claims for regular benefits in this state for weeks of unemployment with respect to the most recent thirteen-consecutive-week period, as determined by the Department of Labor and Regulation on the basis of its reports to the United States secretary of labor, by the average monthly employment covered under this title for the first four of the most recent six completed calendar quarters ending before the end of such thirteen-week period;(6)"Regular benefits," benefits payable to an individual under this title or under any other state law (including benefits payable to federal civilian employees and to ex-servicemen pursuant to 5 U.S.C. chapter 85) other than extended benefits or additional benefits;(7)"State law," the reemployment assistance or unemployment insurance law of any state, approved by the United States secretary of labor under section 3304 of the Internal Revenue Code of 1954. Source: SL 1971, ch 276, §80; SL 1974, ch 331, §§1, 2; SL 1982, ch 369, §13; SL 2008, ch 277, §136; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011; SDCL §61-6-29; SL 2012, ch 252, §59; SL 2019, ch 216, §20.
SD Codified L § 61-6-50 (2021)
2021 South Dakota Codified Laws|Title 61 - Reemployment Assistance|Chapter 06 - Reemployment Assistance Benefits|Section 61-6-50 - Computation of unemployment rate to follow federal regulations.

61-6-50. Computation of unemployment rate to follow federal regulations.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.
SD Codified L § 61-6-51 (2021)
2021 South Dakota Codified Laws|Title 61 - Reemployment Assistance|Chapter 06 - Reemployment Assistance Benefits|Section 61-6-51 - Determination of state "on" indicator.

61-6-51. Determination of state "on" indicator.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 immediately preceding twelve weeks, the rate of insured unemployment (not seasonally adjusted) under this title equaled or exceeded one hundred twenty percent of the average of such rates for the corresponding thirteen-week period ending in each of the preceding two calendar years, and equaled or exceeded five percent. Source: SL 1971, ch 276, §85; SL 1975, ch 321, §3; SL 1982, ch 369, §3; SL 2008, ch 277, §137; SDCL §61-6-33; SL 2012, ch 252, §59.
SD Codified L § 61-6-52 (2021)
2021 South Dakota Codified Laws|Title 61 - Reemployment Assistance|Chapter 06 - Reemployment Assistance Benefits|Section 61-6-52 - Determination of state "off" indicator.

61-6-52. Determination of state "off" indicator.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 immediately preceding twelve weeks, the rate of insured unemployment (not seasonally adjusted) under this title was less than one hundred twenty percent of the average of such rates for the corresponding thirteen-week period ending in each of the preceding two calendar years, or was less than five percent. Source: SL 1971, ch 276, §86; SL 1975, ch 321, §4; SL 1982, ch 369, §4; SL 2008, ch 277, §138; SDCL §61-6-34; SL 2012, ch 252, §59.
SD Codified L § 61-6-53 (2021)
2021 South Dakota Codified Laws|Title 61 - Reemployment Assistance|Chapter 06 - Reemployment Assistance Benefits|Section 61-6-53 - Minimum period between extended benefit periods.

61-6-53. Minimum period between extended benefit periods.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.
SD Codified L § 61-6-54 (2021)
2021 South Dakota Codified Laws|Title 61 - Reemployment Assistance|Chapter 06 - Reemployment Assistance Benefits|Section 61-6-54 - Public announcement of commencement or termination of extended benefit period.

61-6-54. Public announcement of commencement or termination of extended benefit period.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 shall make an appropriate public announcement. Source: SL 1971, ch 276, §91; SDCL §61-6-36; SL 2012, ch 252, §59.
SD Codified L § 61-6-55 (2021)
2021 South Dakota Codified Laws|Title 61 - Reemployment Assistance|Chapter 06 - Reemployment Assistance Benefits|Section 61-6-55 - Extended benefits limited to exhaustees--Eligibility for regular benefits.

61-6-55. Extended benefits limited to exhaustees--Eligibility for regular benefits.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 satisfied the requirements of this title for the receipt of regular benefits that are applicable to individuals claiming extended benefits, including not being subject to a disqualification for the receipt of benefits. Source: SL 1971, ch 276, §88; SL 2008, ch 277, §139; SDCL §61-6-37; SL 2012, ch 252, §59.
SD Codified L § 61-6-56 (2021)
2021 South Dakota Codified Laws|Title 61 - Reemployment Assistance|Chapter 06 - Reemployment Assistance Benefits|Section 61-6-56 - Exhaustee defined.

61-6-56. Exhaustee defined.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 individual under this title or any other state law (including dependents' allowances and regular benefits payable to federal civilian employees and ex-servicemen under 5 U.S.C. chapter 85) for the individual's benefit year that includes the week; or(2)Has received, prior to the week, all of the regular benefits that were available to the individual under this title or any other state law (including dependents' allowances and regular benefits available to federal civilian employees and ex-servicemen under 5 U. S.C. chapter 85) in the individual's benefit year that includes the week, after the cancellation of some or all of the individual's wage credits or the total or partial reduction of the individual's right to regular benefits. Source: SL 1971, ch 276, §81; SL 1974, ch 331, §3; SL 2008, ch 277, §140; SDCL §61-6-38; SL 2012, ch 252, §59.
SD Codified L § 61-6-57 (2021)
2021 South Dakota Codified Laws|Title 61 - Reemployment Assistance|Chapter 06 - Reemployment Assistance Benefits|Section 61-6-57 - Qualification for extended benefits despite receipt of more payments after appeal--Seasonal workers--Disqualified applicants for regular benefits.

61-6-57. Qualification for extended benefits despite receipt of more payments after appeal--Seasonal workers--Disqualified applicants for regular benefits.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 employment, or both, that were not included in the original monetary determination with respect to the benefit year, the individual may subsequently be determined to be entitled to more regular benefits; or(2)By reason of the seasonal provisions promulgated pursuant to §61-1-54 or the seasonal provisions of another state law, the individual is not entitled to regular benefits with respect to the week of unemployment (although the individual may be entitled to regular benefits with respect to future weeks of unemployment in the next season or off season, in such benefit year), and the individual is otherwise an exhaustee within the meaning of §61-6-56 with respect to the individual's right to regular benefits under the state law seasonal provisions during the season or off season in which that week of unemployment occurs; or(3)Having established a benefit year, no regular benefits are payable to the individual during that year because the individual's wage credits were canceled or the individual's right to regular benefits was totally reduced as the result of the application of a disqualification.An individual is not entitled to extended benefits unless, during the individual's base period, the individual has earned wages for insured work equal to one and one-half times the individual's earnings in the highest quarter of the individual's base period. Source: SL 1971, ch 276, §81 (1); SDCL Supp, §61-6-38 (1); SL 1974, ch 331, §3; SL 1982, ch 369, §5; SL 2008, ch 277, §141; SDCL §61-6-38.1; SL 2012, ch 252, §59.
SD Codified L § 61-6-58 (2021)
2021 South Dakota Codified Laws|Title 61 - Reemployment Assistance|Chapter 06 - Reemployment Assistance Benefits|Section 61-6-58 - Qualification for extended benefits on termination of regular benefit year.

61-6-58. Qualification for extended benefits on termination of regular benefit year.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 or employment, or both, on the basis of which the individual could establish in any state a new benefit year that would include the week, or having established a new benefit year that includes the week, the individual is precluded from receiving regular benefits by reason of the provision in §61-6-36, which meets the requirement of section 3304 (a)(7) of the Federal Unemployment Tax Act, or the similar provision in any other state law;(2)Has no right for the week to reemployment assistance or unemployment benefits or allowances, as the case may be, under the Railroad Unemployment Insurance Act, the Trade Expansion Act of 1962, and such other federal laws as are specified in regulations issued by the United States secretary of labor; and(3)Has not received and is not seeking for the week reemployment assistance under the unemployment compensation law of the Virgin Islands or Canada, unless the appropriate agency finally determines that the individual is not entitled to reemployment assistance under the law for the week. Source: SL 1971, ch 276, §81 (2); SDCL Supp, §61-6-38 (2); §61-6-38 (3), (4) as enacted by SL 1974, ch 331, §3; SL 2008, ch 277, §142; SDCL §61-6-38.2; SL 2012, ch 252, §59; SL 2019, ch 216, §21.
SD Codified L § 61-6-59 (2021)
2021 South Dakota Codified Laws|Title 61 - Reemployment Assistance|Chapter 06 - Reemployment Assistance Benefits|Section 61-6-59 - Applicable benefit year defined.

61-6-59. Applicable benefit year defined.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 or, in any other case, the individual's most recent benefit year. For this purpose the individual's most recent benefit year, if the individual has unexpired benefit years in more than one state when the individual files a claim for extended benefits, is the benefit year with the latest ending date, or, if the benefit years have the same ending date, the benefit year in which the individual's latest continued claim for regular benefits was filed. Source: SDCL §61-6-38 (5) as enacted by SL 1974, ch 331, §3; SL 2008, ch 277, §143; SDCL §61-6-38.3; SL 2012, ch 252, §59.
SD Codified L § 61-6-60 (2021)
2021 South Dakota Codified Laws|Title 61 - Reemployment Assistance|Chapter 06 - Reemployment Assistance Benefits|Section 61-6-60 - Amount of weekly extended benefit--Reduction.

61-6-60. Amount of weekly extended benefit--Reduction.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 week during a period in which federal payments to states under section 204 of the Federal-State Extended Unemployment Compensation Act of 1970 are reduced under an order issued under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985, the weekly extended benefit amount payable to an individual for a week of total unemployment in the individual's eligibility period shall be reduced by a percentage equivalent to the percentage of the reduction in the federal payment. The reduced weekly extended benefit amount, if not a full dollar amount, shall be rounded to the nearest lower full dollar amount. Source: SL 1971, ch 276, §89; SL 1987, ch 388, §5; SL 2008, ch 277, §144; SDCL §61-6-39; SL 2012, ch 252, §59.
SD Codified L § 61-6-61 (2021)
2021 South Dakota Codified Laws|Title 61 - Reemployment Assistance|Chapter 06 - Reemployment Assistance Benefits|Section 61-6-61 - Maximum extended benefits payable in year--Reduction of total extended benefit amount.

61-6-61. Maximum extended benefits payable in year--Reduction of total extended benefit amount.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 title in the individual's applicable benefit year;(2)Thirteen times the individual's weekly benefit amount which was payable to the individual under this title for a week of total unemployment in the applicable benefit year.However, during any fiscal year in which federal payments to states under section 204 of the Federal-State Extended Unemployment Compensation Act of 1970 are reduced under an order issued under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985, the total extended benefit amount payable to an individual with respect to the individual's applicable benefit year shall be reduced by an amount equal to the aggregate of the reductions under §61-6-60 in the weekly amounts paid to the individual. Source: SL 1971, ch 276, §90; SL 1987, ch 388, §6; SL 2008, ch 277, §145; SDCL §61-6-40; SL 2012, ch 252, §59.
SD Codified L § 61-6-62 (2021)
2021 South Dakota Codified Laws|Title 61 - Reemployment Assistance|Chapter 06 - Reemployment Assistance Benefits|Section 61-6-62 - Extended benefits not chargeable to employer.

61-6-62. Extended benefits not chargeable to employer.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.