reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 06 - Reemployment Assistance Benefits › Section 61-6-16 - Failure to seek or accept suitable employment.

61-6-16. Failure to seek or accept suitable employment.
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 benefits, including extended benefits, until the individual has been reemployed at least six calendar weeks in insured employment during the individual's current benefit year and earned wages of not less than the individual's weekly benefit amount in each of those six weeks. The department may promulgate rules pursuant to chapter 1-26 for determining suitable work.
Source:
SL 1936 (SS), ch 3, §5; SDC 1939, §17.0830 (3); SL 1939, ch 89; SL 1943, ch 84; SL 1947, ch 88, §11; SL 1947, ch 89, §2; SL 1955, ch 62; SL 1971, ch 276, §77; SL 1979, ch 348, §5; SL 1983, ch 22, §14; SL 1993, ch 375, §33; SL 2008, ch 277, §123; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011; SDCL §61-6-15; SL 2012, ch 252, §59.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 06 - Reemployment Assistance Benefits › Section 61-6-17 - Factors considered in determining suitability of offered employment.

61-6-17. Factors considered in determining suitability of offered employment.
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, the individual's length of unemployment and prospects for securing local work in the individual's customary occupation, and the distance of the available work from the individual's residence.
Source:
SL 1936 (SS), ch 3, §5; SDC 1939, §17.0830 (3) (a); SL 1939, ch 89; SL 1943, ch 84; SL 1955, ch 62; SL 2008, ch 277, §125; SDCL §61-6-16; SL 2012, ch 252, §59.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 06 - Reemployment Assistance Benefits › Section 61-6-19 - Work deemed unsuitable due to labor dispute, unfavorable working conditions, or requirement as to union membership.

61-6-19. Work deemed unsuitable due to labor dispute, unfavorable working conditions, or requirement as to union membership.
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 directly to a strike, lockout, or other labor dispute;
(2)If the wages, hours, or other conditions of the work offered are substantially less favorable to the individual than those prevailing for similar work in the locality;
(3)If, as a condition of being employed, the individual would be required to join or to resign from or refrain from joining any labor organization.
Source:
SL 1936 (SS), ch 3, §5; SDC 1939, §17.0830 (3) (b); SL 1939, ch 89; SL 1943, ch 84; SL 1955, ch 62; SL 2008, ch 277, §126; SDCL §61-6-17; SL 2012, ch 252, §59.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 06 - Reemployment Assistance Benefits › Section 61-6-20 - Student may not receive benefits.

61-6-20. Student may not receive benefits.
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 assistance benefits.
Source:
SL 1983, ch 22, §19; SDCL §61-6-15.2; SL 2012, ch 252, §59; SL 2019, ch 216, §15.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 06 - Reemployment Assistance Benefits › Section 61-6-21 - Benefits payable to individual in approved training program--Rules establishing conditions for approval of training.

61-6-21. Benefits payable to individual in approved training program--Rules establishing conditions for approval of training.
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 the individual is in training with the approval of the department by reason of the application of provisions in §61-6-1 relating to availability for work, or the provisions of §61-6-16 relating to failure to apply for, or to accept, suitable work. The department shall promulgate rules pursuant to chapter 1-26 establishing the conditions for approval of training.
Source:
SL 1971, ch 276, §78; SL 1993, ch 375, §34; SL 2008, ch 277, §124; SDCL §61-6-15.1; SL 2012, ch 252, §59.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 06 - Reemployment Assistance Benefits › Section 61-6-23 - Benefits for individuals seeking only part-time work.

61-6-23. Benefits for individuals seeking only part-time work.
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 only part-time work, if the department determines that a majority of the weeks of work in the individual's base period were for less than full-time work. For purposes of this section, seeking only part-time work, means seeking work that has comparable hours to the individual's part-time work experience in the individual's base period.
Source:
SL 2010, ch 248, §1; SDCL §61-6-15.4; SL 2012, ch 252, §59.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 06 - Reemployment Assistance Benefits › Section 61-6-24 - Benefits based on employment by state or instrumentalities or by religious, charitable, or educational organization--Exception.

61-6-24. Benefits based on employment by state or instrumentalities or by religious, charitable, or educational organization--Exception.
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 performed in an instructional, research, or principal administrative capacity for an educational institution, no benefits may be paid based on the services for any week of unemployment commencing during the period between two successive academic years, or during a similar period between two regular but not successive terms or during a period of paid sabbatical leave provided for in the individual's contract, to any individual if the individual performs the services in the first of the academic years or terms and if there is a contract or a reasonable assurance that the individual will perform services in any such capacity for any educational institution in the second of the academic years or terms.
Source:
SL 1977, ch 420, §31; SL 2008, ch 277, §108; SDCL §61-6-1.2; SL 2012, ch 252, §59.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 06 - Reemployment Assistance Benefits › Section 61-6-25 - Benefits not paid employees of educational institutions for services between successive academic years--Grounds for retroactive payments.

61-6-25. Benefits not paid employees of educational institutions for services between successive academic years--Grounds for retroactive payments.
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 services in the first academic year or term and there is a reasonable assurance that the individual will perform the services in the second one. If an individual was denied compensation for any week, in accordance with this section, and is not offered an opportunity to perform services for the educational institution in the second academic year or term, that individual is entitled to a retroactive compensation payment for each week that the individual filed a timely claim and was denied compensation solely by reason of this section.
Source:
SL 1977, ch 420, §32; SL 1983, ch 384, §1; SL 2008, ch 277, §109; SDCL §61-6-1.3; SL 2012, ch 252, §59.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 06 - Reemployment Assistance Benefits › Section 61-6-26 - Benefits not paid for established vacation period or holiday recess preceded and followed by insured work.

61-6-26. Benefits not paid for established vacation period or holiday recess preceded and followed by insured work.
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 there is reasonable assurance that the individual will perform insured work in the period immediately following the period or recess.
Source:
SL 1979, ch 348, §12; SL 1991, ch 414, §4; SL 2008, ch 277, §112; SDCL §61-6-1.6; SL 2012, ch 252, §59.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 06 - Reemployment Assistance Benefits › Section 61-6-28 - Application of provisions as to periods between academic years, sabbatical leaves, and vacation and holiday periods to certain employment.

61-6-28. Application of provisions as to periods between academic years, sabbatical leaves, and vacation and holiday periods to certain employment.
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 behalf of an education institution.
Source:
SDCL §61-6-1 as added by SL 1984, ch 333, §2; SDCL §61-6-1.7; SL 2012, ch 252, §59.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 06 - Reemployment Assistance Benefits › Section 61-6-29 - Employee working for an employer under contract with a public or private school.

61-6-29. Employee working for an employer under contract with a public or private school.
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 have had performed by its employees; and
(3)The individual is notified in writing of the provisions of this section while employed in 1994 or prior to the commencement of employment.
Source:
SL 1994, ch 393; SDCL §61-6-46; SL 2012, ch 252, §59.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 06 - Reemployment Assistance Benefits › Section 61-6-30 - Benefits not paid for participation in sports or athletic events between successive seasons.

61-6-30. Benefits not paid for participation in sports or athletic events between successive seasons.
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 or similar periods if the individual performed the services in the first of the seasons or similar periods and there is a reasonable assurance that the individual will perform the services in the later of the seasons or similar periods.
Source:
SL 1977, ch 420, §33; SL 2008, ch 277, §110; SDCL §61-6-1.4; SL 2012, ch 252, §59.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 06 - Reemployment Assistance Benefits › Section 61-6-33 - Federal school employees not disqualified.

61-6-33. Federal school employees not disqualified.
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 agency of the federal government.
Source:
SL 1990, ch 415, §1; SDCL §61-6-1.9; SL 2012, ch 252, §59.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 06 - Reemployment Assistance Benefits › Section 61-6-34 - Benefits not paid to aliens--Exceptions--Determination of alien status.

61-6-34. Benefits not paid to aliens--Exceptions--Determination of alien status.
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 residing in the United States under color of law at the time the service was performed, including an alien who is lawfully present in the United States as a result of the application of the provisions of section 203(a)(7) or section 212(d)(5) of the Immigration and Nationality Act as amended as of January 1, 1990. Any data or information required of individuals applying for benefits to determine whether benefits are not payable to them because of their alien status shall be uniformly required from all applicants for benefits. In the case of an individual whose application for benefits would otherwise be approved, no determination that benefits to the individual are not payable because of the individual's alien status may be made except upon a preponderance of the evidence.
Source:
SL 1977, ch 420, §34; SL 1990, ch 414, §2; SL 2008, ch 277, §111; SDCL §61-6-1.5; SL 2012, ch 252, §59.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 06 - Reemployment Assistance Benefits › Section 61-6-35 - Benefits not payable for week in which other compensation received.

61-6-35. Benefits not payable for week in which other compensation received.
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. However, in the case of lump sum termination, vacation, holiday, severance, or dismissal payments, the lump sum payment shall be allocated over a period of weeks equal to the lump sum divided by the employee's regular pay while employed. However, the payment shall be applied for a period of weeks immediately following the last day of work. Payments made to an individual based entirely on the individual's contributions to a fund from which the payments are made are not vacation pay;
(2)Compensation for temporary partial disability under the workers' compensation law of any state or under a similar law of the United States; or
(3)The prorated weekly amount of any pension, annuity or retirement payment including disability pension payments, based on the previous work of the individual. This subdivision applies only to payments made under a plan contributed to by a base period employer. This does not apply to payments made under Title II of the Social Security Act or the Railroad Retirement Act of 1974, to military service-connected disability payments or to that part, if any, of a pension, annuity or retirement payment that is attributable to contributions of the individual.
If the remuneration is less than the benefits which would otherwise be due under this chapter, the individual shall receive for the week, if otherwise eligible, benefits reduced by the amount of the remuneration.
Source:
SL 1936 (SS), ch 3, §5; SDC 1939, §17.0830 (5); SL 1939, ch 89; SL 1943, ch 84; SL 1951, ch 94, §10; SL 1978, ch 369; SL 1979, ch 348, §9; SL 1980, ch 363, §1; SL 1981, ch 371, §4; SL 1983, ch 22, §15; SL 1983, ch 385; SL 1986, ch 424, §5; SL 1990, ch 414, §3; SL 2006, ch 269, §1; SDCL §61-6-20; SL 2012, ch 252, §§57, 59.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 06 - Reemployment Assistance Benefits › Section 61-6-36 - Benefits prohibited in more than one benefit year as the result of one separation from work.

61-6-36. Benefits prohibited in more than one benefit year as the result of one separation from work.
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 unless, in addition thereto, the individual has earned wages in insured employment, since the establishment of the individual's previous benefit year, in an amount equivalent to at least four times the individual's current weekly benefit amount. A claim filed sufficiently in advance of anticipated unemployment to make the limitations of this section ineffective is invalid. It is the purpose of this section to prevent any individual from receiving benefits in more than one benefit year as the result of one separation from work.
Source:
SDC 1939, §17.0829 (7) as added by SL 1961, ch 108; SL 1988, ch 415; SL 2008, ch 277, §119; SDCL §61-6-9; SL 2012, ch 252, §59.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 06 - Reemployment Assistance Benefits › Section 61-6-37 - Benefits not payable when benefits sought under other unemployment compensation law--Determination of ineligibility under other law.

61-6-37. Benefits not payable when benefits sought under other unemployment compensation law--Determination of ineligibility under other law.
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, if the appropriate agency of the other state or of the United States finally determines that the individual is not entitled to the reemployment assistance benefits, this disqualification does not apply.
Source:
SDC 1939, §17.0830 (6) as added by SL 1939, ch 87, §7; SDC 1939, §17.0830 (7) as enacted by SL 1943, ch 84; SL 2008, ch 277, §128; SDCL §61-6-21; SL 2012, ch 252, §59; SL 2019, ch 216, §16.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 06 - Reemployment Assistance Benefits › Section 61-6-38 - Misrepresentation to increase benefits unlawful.

61-6-38. Misrepresentation to increase benefits unlawful.
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 federal government, or of a foreign government, either for the person, or any other person, or knowingly fail to report any change in circumstances which would affect the person's eligibility for reemployment assistance benefits or payments.
Source:
SL 1936 (SS), ch 3, §16 (a); SDC 1939, §17.9907; SL 1951, ch 98; SL 1978, ch 359, §2; SL 1979, ch 348, §10; SL 2008, ch 277, §131; SDCL §61-6-24; SL 2012, ch 252, §59; SL 2019, ch 216, §17.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 06 - Reemployment Assistance Benefits › Section 61-6-39 - Denial of benefits from discovery of misrepresentation--Penalties.

61-6-39. Denial of benefits from discovery of misrepresentation--Penalties.
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 fraudulent act is discovered in accordance with rules promulgated by the department pursuant to chapter 1-26. In addition to any penalty imposed under this title, the department shall impose a penalty equal to fifty percent of the amount of benefits obtained by willful or fraudulent misrepresentation for the first offense and a penalty equal to one hundred percent of the amount of benefits for each subsequent offense. Any penalty collected shall be paid into the unemployment trust fund.
Source:
SDC 1939, §17.0830 (8) as added by SL 1953, ch 76, §7; SL 1993, ch 375, §35; SDCL §61-6-22; SL 2012, ch 252, §59; SL 2013, ch 258, §1.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 06 - Reemployment Assistance Benefits › Section 61-6-40 - Obtaining or attempting to obtain benefits by misrepresentation as misdemeanor or felony--Aggregation of benefits obtained to determine degree of offense.

61-6-40. Obtaining or attempting to obtain benefits by misrepresentation as misdemeanor or felony--Aggregation of benefits obtained to determine degree of offense.
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 person who violates §61-6-38 and obtains benefits or payments of more than two hundred dollars is guilty of a Class 6 felony. Benefits or payments obtained during the course of a twelve month period are aggregated in determining the degree of the offense.
Source:
SL 1979, ch 348, §11; SDCL §61-6-24.1; SL 2012, ch 252, §59.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 06 - Reemployment Assistance Benefits › Section 61-6-63 - Claims for and payment of extended benefits.

61-6-63. Claims for and payment of extended benefits.
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 276, §87; SL 1983, ch 22, §18; SL 1993, ch 377, §16; SDCL §61-6-42; SL 2012, ch 252, §59.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 06 - Reemployment Assistance Benefits › Section 61-6-64 - Administration of extended benefits to conform to federal requirements.

61-6-64. Administration of extended benefits to conform to federal requirements.
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 necessary to ensure that the provisions are so interpreted and applied as to meet the requirements of such federal act as interpreted by the United States Department of Labor, and to secure to this state the full reimbursement of the federal share of extended benefits paid under this title that are reimbursable under the federal act.
Source:
SL 1971, ch 276, §79; SL 1993, ch 377, §17; SDCL §61-6-43; SL 2012, ch 252, §59.
2023 South Dakota Codified Laws › Title 61 - Reemployment Assistance › Chapter 06 - Reemployment Assistance Benefits › Section 61-6-65 - Interstate claims--Eligibility for extended benefits.

61-6-65. Interstate claims--Eligibility for extended benefits.
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 with respect to the first two weeks for which extended benefits are payable pursuant to an interstate claim filed under the interstate payment plan.
Source:
SL 1981, ch 372, §1; SL 2008, ch 277, §147; SDCL §61-6-44; SL 2012, ch 252, §59.