reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:06 - Reemployment assistance › Chapter 47:06:02 - Employer's contributions and accounts › Section 47:06:02:09 - Computation date of employer's experience rates for experience rating accounts consolidated prior to July 1

Current through Register Vol. 51, page 10, July 15, 2024
The computation date for redetermining the contribution rate for experience rating accounts which have been consolidated prior to July 1 is December 31 of the preceding calendar year. The experience rating account balance shall include contributions received through January 31 of the year during which consolidation occurs and benefits paid through December 31 of the preceding calendar year.
General Authority:
SDCL  61-5-23.
Law Implemented:
SDCL  61-5-25 to  61-5-28,  61-5-31.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:06 - Reemployment assistance › Chapter 47:06:02 - Employer's contributions and accounts › Section 47:06:02:10 - Computation date of employer's experience rates for experience rating accounts consolidated effective on or after July 1

Current through Register Vol. 51, page 10, July 15, 2024
The computation date for redetermining the contribution rate for experience rating accounts which have been consolidated effective July 1 or later during any calendar year is June 30 of that year. The experience rating account balance shall include all contributions which have been received through July 31 of that year and all benefits paid through June 30 of that year.
General Authority:
SDCL  61-5-23.
Law Implemented:
SDCL  61-5-25 to  61-5-28,  61-5-31.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:06 - Reemployment assistance › Chapter 47:06:02 - Employer's contributions and accounts › Section 47:06:02:11 - Due date of contributions by employers

Current through Register Vol. 51, page 10, July 15, 2024
Contributions are payable quarterly during the month following the end of the calendar quarter for which the contributions become due. However, contributions of less than twenty-five dollars a quarter are not due until the Department of Labor and Regulation issues a statement of payment due or until January 31 following the calendar year for which the contributions are payable.
Contributions of domestic employers, who elected and Qualify to report wages and contributions annually, are due January 31 following the year for which the contributions are payable.
The first contribution payment of an employer who becomes newly liable for contributions is due at the end of the calendar quarter during which the employer iDecomes subject to the Act and payable during the following month. The first payment of contributions shall include payment of all contributions, based upon wages paid by the newly liable employer from the first day of the calendar year.
General Authority:
SDCL  61-5-35.
Law implemented:
SDCL  61-5-35.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:06 - Reemployment assistance › Chapter 47:06:02 - Employer's contributions and accounts › Section 47:06:02:11.01 - Collection of delinquent contributions

Current through Register Vol. 51, page 10, July 15, 2024
Any contribution unpaid on the date on which it is due and payable is delinquent as of the date originally due, and the employer is liable for repayment of that reemployment assistance debt, which shall include any interest due as prescribed by SDCL  61-5-57, and any penalty due as prescribed by SDCL  61-5-58. The department shall take action to recover such reemployment assistance debt in the manner provided in SDCL  61-5-59 to  61-5-66, inclusive, and as prescribed under Section 6402(f) of the Internal Revenue Code of 1986 if the delinquent reemployment assistance debt remains uncollected as of the date that is one year after the debt was determined to be due and collected.
General Authority:
SDCL  61-5-35
Law Implemented:
SDCL  61-5-35.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:06 - Reemployment assistance › Chapter 47:06:02 - Employer's contributions and accounts › Section 47:06:02:12 - Requirements for transfer of reserve account of segregable unit of business - Percentage of reserve account transferable

Current through Register Vol. 51, page 10, July 15, 2024
When an employer transfers a clearly segregable unit of the employer's business, for which the employer has maintained separate records, the employer shall furnish the Department of Labor and Regulation with continuous records of wages, contributions, and benefits paid on account of the segregable unit for the completed quarters of the year in which the transfer is made and for the four preceding calendar years or the time in which the segregable unit has been in operation, whichever is less. The transferring employer and the successor may jointly request that the Department of Labor and Regulation transfer to the successor the actual contribution, benefit, and payroll experience attributable to the segregable unit. For the transfer to be effective, the transferring employer and the successor shall sign and file an application for the transfer with the Department of Labor and Regulation within 90 days after the date of sale or transfer, and the application must be approved by the secretary of the department. The portion of the reserve account transferred to the successor is equal to the ratio that the transferred payroll bears to total payroll of the transferring employer.
General Authority:
SDCL  61-5-42.
Law Implemented:
SDCL  61-5-42.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:06 - Reemployment assistance › Chapter 47:06:02 - Employer's contributions and accounts › Section 47:06:02:14 - Recomputation of transferring employer's contribution rate

Current through Register Vol. 51, page 10, July 15, 2024
The contribution rate previously established for the transferring employer for all units of the employer's business that are retained shall be recomputed in accordance with §§
									47:06:02:09  and 47:06:02:10. The recomputed rate shall be effective on the first day of the calendar quarter following the quarter during which the transfer was made.
General Authority:
SDCL  61-5-42.
Law Implemented:
SDCL  61-5-42.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:06 - Reemployment assistance › Chapter 47:06:02 - Employer's contributions and accounts › Section 47:06:02:15 - Recomputation of successor employer's contribution rate

Current through Register Vol. 51, page 10, July 15, 2024
If the successor was an employer prior to the effective date of the transfer, the successor's contribution rate for the balance of the year in which the transfer is made shall be recomputed to include the acquired employment experience and reserve account. The recomputed rate shall be effective on the first day of the calendar quarter following the quarter during which the transfer was made. For each succeeding year the rate shall be computed to include the acquired employment experience and reserve account.
General Authority:
SDCL  61-5-42.
Law Implemented:
SDCL  61-5-42.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:06 - Reemployment assistance › Chapter 47:06:02 - Employer's contributions and accounts › Section 47:06:02:16 - Computation of contribution rate for new successor employer

Current through Register Vol. 51, page 10, July 15, 2024
If the successor was not an employer prior to the effective date of a transfer and succeeds to liability or voluntarily elects to become an employer from the date of transfer, the actual contribution, benefit, and payroll experience of the segregable unit shall be transferred and shall be used to compute the contribution rate for the year in which the transfer is made. The same computation dates used to compute the contribution rates of all employers shall be used to compute the contribution rate for the successor in each succeeding year. If the successor was not an employer prior to the effective date of the transfer and the successor simultaneously receives two or more segregable units, the successor's contribution rate shall be computed from the combined contribution, benefit, and payroll experience of the units.
General Authority:
SDCL  61-5-42.
Law Implemented:
SDCL  61-5-42.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:06 - Reemployment assistance › Chapter 47:06:02 - Employer's contributions and accounts › Section 47:06:02:17 - Reserve account transfer for segregable portion of a business - Computation date

Current through Register Vol. 51, page 10, July 15, 2024
The computation date shall be the effective date of the transfer of the segregable unit.
General Authority:
SDCL  61-5-42.
Law Implemented:
SDCL  61-5-42.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:06 - Reemployment assistance › Chapter 47:06:03 - Multistate workers › Section 47:06:03:01 - Employer election to cover multistate workers in a single jurisdiction

Current through Register Vol. 51, page 10, July 15, 2024
An employing unit may file an election to cover under the law of a single participating jurisdiction all the services performed for it by an individual who customarily works for it in more than one participating jurisdiction. The elected jurisdiction may be the one in which any part of the individual's services are performed, the individual resides, or the employing unit maintains a place of business to which the individual's services bear a reasonable relation.
General Authority:
SDCL  61-1-27.
Law Implemented:
SDCL  61-1-26 to  61-1-30.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:06 - Reemployment assistance › Chapter 47:06:03 - Multistate workers › Section 47:06:03:02 - Consideration, approval, or disapproval of employer election to cover multistate workers

Current through Register Vol. 51, page 10, July 15, 2024
The agency of the elected jurisdiction shall initially approve or disapprove the election. If the agency approves the election, it shall forward a copy of the election to the agency of each other participating jurisdiction specified in it under whose unemployment compensation or reemployment assistance law the individual or individuals in question might, in the absence of the election, be covered. Each interested agency shall approve or disapprove the election and shall notify the agency of the elected jurisdiction of its action. If its law requires, an interested agency may, before taking action, require from the electing employing unit evidence that the affected employees have been notified of and have agreed to the election.
If the agency of the elected jurisdiction or the agency of an interested jurisdiction disapproves the election, the disapproving agency shall notify the elected jurisdiction and the electing employing unit of its action and of its reason for the action.
An election shall take effect only if approved by the agency of the elected jurisdiction and by one or more interested agencies. An election thus approved shall take effect for an interested agency, only if it is approved by that agency.
If an election is approved only in part or is disapproved by some of the agencies, the electing employing unit may withdraw its election within 10 days after being notified of the disapproval.
General Authority:
SDCL  61-1-27
Law Implemented:
SDCL  61-1-26 to  61-1-30
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:06 - Reemployment assistance › Chapter 47:06:03 - Multistate workers › Section 47:06:03:03 - Effective period of employer election

Current through Register Vol. 51, page 10, July 15, 2024
An election approved under this chapter shall become effective at the beginning of the calendar quarter in which the election was submitted, unless the election, as approved, specifies the beginning of a different calendar quarter. If the electing unit requests an earlier effective date than the beginning of the calendar quarter in which the election is submitted, the earlier date may be approved only for those interested jurisdictions in which the employer had no liability to pay contributions for the earlier period.
General Authority:
SDCL  61-1-27.
Law Implemented:
SDCL  61-1-26 to  61-1-30.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:06 - Reemployment assistance › Chapter 47:06:03 - Multistate workers › Section 47:06:03:04 - Termination of effective period of employer election

Current through Register Vol. 51, page 10, July 15, 2024
The application of an election under this chapter to an individual shall terminate if the agency of the elected jurisdiction finds that the nature of the services customarily performed by the individual for the electing unit has changed so that the services are no longer customarily performed in more than one participating jurisdiction. The termination shall be effective as of the close of the calendar quarter in which notice of the finding is mailed to all parties affected.
Except as provided in this section, each election approved shall remain in effect through the close of the calendar year in which it is submitted, and thereafter until the close of the calendar quarter in which the electing unit gives written notice of its termination to all affected agencies.
When an election under this chapter ceases to apply to an individual, under this section, the electing unit shall notify the affected individual accordingly.
General Authority:
SDCL  61-1-27.
Law Implemented:
SDCL  61-1-26 to  61-1-30.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:06 - Reemployment assistance › Chapter 47:06:03 - Multistate workers › Section 47:06:03:05 - Notices of separation or change of condition of employment

Current through Register Vol. 51, page 10, July 15, 2024
When an individual covered by an election under this chapter is separated from employment, the electing unit shall notify the individual at the time of separation under which jurisdiction the individual's services have been covered. If, at the time of termination, the individual is not located in the elected jurisdiction, the electing unit shall notify the individual of the procedure for filing interstate benefit claims.
The electing unit shall immediately report to the elected jurisdiction any change which occurs in the conditions of employment pertinent to its election.
General Authority:
SDCL  61-1-27.
Law Implemented:
SDCL  61-1-26 to  61-1-30.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:06 - Reemployment assistance › Chapter 47:06:04 - Employee's unemployment benefits › Section 47:06:04:01 - Benefit eligibility of seasonal employees - Determination

Current through Register Vol. 51, page 10, July 15, 2024
An employer who is in a seasonal industry as listed in §
									47:06:01:02  shall file an application with the Department of Labor and Regulation for a determination of seasonal employment. If the department determines that an employer is operating in a seasonal industry, former employees who were engaged in other than year around work are eligible to draw benefits based on wages earned with the seasonal employer only for weeks of unemployment in which the major portion of the week falls within the designated period of operation of that seasonal industry.
General Authority:
SDCL  61-1-54.
Law Implemented:
SDCL  61-1-54.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:06 - Reemployment assistance › Chapter 47:06:04 - Employee's unemployment benefits › Section 47:06:04:03 - Initial benefit determination of individuals filing on both seasonal and nonseasonal wages

Current through Register Vol. 51, page 10, July 15, 2024
The Department of Labor and Regulation shall compute the maximum payable benefit for an individual with both seasonal and nonseasonal wages on the basis of all wages if the individual files the initial claim within the seasonal period. If the individual initially files outside the seasonal period, the department shall compute the benefit based only on nonseasonal wages.
General Authority:
SDCL  61-1-54.
Law Implemented:
SDCL  61-1-54.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:06 - Reemployment assistance › Chapter 47:06:04 - Employee's unemployment benefits › Section 47:06:04:04 - Redetermination of benefit for individual with both seasonal and nonseasonal wages

Current through Register Vol. 51, page 10, July 15, 2024
If an individual with both seasonal and nonseasonal wages who filed an initial claim during a nonseasonal period is in active status at the beginning of the seasonal period, the Department of Labor and Regulation shall include the individual's seasonal wages and recompute the maximum payable benefits.
If an individual with both seasonal and nonseasonal wages who filed a claim during a seasonal period is in active status at the end of the seasonal period, the Department of Labor and Regulation shall recompute the maximum payable benefits based only on nonseasonal wages.
General Authority:
SDCL  61-1-54.
Law Implemented:
SDCL  61-1-54.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:06 - Reemployment assistance › Chapter 47:06:04 - Employee's unemployment benefits › Section 47:06:04:05 - Concurrent employment

Current through Register Vol. 51, page 10, July 15, 2024
If a claimant is currently working for a base period employer at the time a new claim for benefits is filed, the claimant's weekly benefit amount and minimum base period wages, as required by SDCL  61-6-4, shall be computed using total base period wages from all base period employers. The claimant's maximum benefit amount does not include, and the current employer is not chargeable for, benefits based on wages from the current employer if the employer continues to provide employment to the same extent as was provided during the base period and the employment provided is not "on-call" employment for which no work schedule is established. Employment which provides generally the same work schedule on a continuing basis but offers employees the option of accepting available work is not "on-call" employment.
If the claimant later separates from the current employer or the employer fails to provide employment to the same extent as provided during the base period, benefits based on such employment shall be included in the maximum benefit amount and employer charges shall be determined under SDCL  61-5-39 or  61-5-40.
General Authority:
SDCL  61-7-1.
Law Implemented:
SDCL  61-6-2,  61-6-4,  61-6-8.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:06 - Reemployment assistance › Chapter 47:06:04 - Employee's unemployment benefits › Section 47:06:04:11 - Filing new and additional claims - Registration for work required

Current through Register Vol. 51, page 10, July 15, 2024
New or additional claims may be filed using any of the filing options offered by the department. Individuals filing a claim shall also register for work and actively seek work unless they meet the following criteria:
(1) Will be recalled to full-time work by an employer which paid 50 percent or more of their base period wages, and due to weather related seasonal factors, work is not available in the claimant's primary base period occupation and other suitable work is not available;
(2) Will be recalled to full-time work within ten consecutive weeks by an employer;
(3) Are a member in good standing of a professional society or union through which they normally find employment;
(4) Are a member of a geographic, industrial, or occupational group for which the secretary or the secretary's representative has specifically waived the requirement; or
(5) Have obtained full-time work to begin within three weeks.
Full time as used in this section means work that would result in earnings equal to or exceeding the individual's weekly benefit amount.
General Authority:
SDCL  61-7-1.
Law Implemented:
SDCL  61-7-1.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:06 - Reemployment assistance › Chapter 47:06:04 - Employee's unemployment benefits › Section 47:06:04:11.01 - Effective date of initial and additional claims

Current through Register Vol. 51, page 10, July 15, 2024
An initial or additional claim filed on a Sunday is effective that Sunday and a claim filed on Monday through Saturday is effective on the Sunday preceding the date that the individual files the claim unless the claimant establishes good cause for an earlier effective date. Transitional claims for benefits are effective on the Sunday following the expiration of the previous benefit year.
General Authority:
SDCL  61-7-1.
Law Implemented:
SDCL  61-7-1.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:06 - Reemployment assistance › Chapter 47:06:04 - Employee's unemployment benefits › Section 47:06:04:14.01 - Additional claim required

Current through Register Vol. 51, page 10, July 15, 2024
An individual who has not filed a continued claim for four consecutive weeks, or has obtained employment and then separated from that employment, shall file an additional claim for benefits.
General Authority:
SDCL  61-7-1.
Law Implemented:
SDCL  61-7-1.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:06 - Reemployment assistance › Chapter 47:06:04 - Employee's unemployment benefits › Section 47:06:04:15 - Reporting at other offices

Current through Register Vol. 51, page 10, July 15, 2024
An individual registered with a local labor office who leaves the area where registered for more than two weeks must reopen the claim, provide a current address, and register for employment services at the local labor office serving the area in which the individual now resides.
General Authority:
SDCL  61-6-1(1).
Law Implemented:
SDCL  61-6-1.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:06 - Reemployment assistance › Chapter 47:06:04 - Employee's unemployment benefits › Section 47:06:04:16 - Commencement of benefit year - Withdrawal of claim

Current through Register Vol. 51, page 10, July 15, 2024
A new claim filed by a claimant who received an eligible determination establishes the commencement of a benefit year, unless the claim is withdrawn within the appeal period. A claim may not be withdrawn after a determination denying benefits based on SDCL  61-6-9,  61-6-14,  61-6-15, or  61-6-16 is issued.
General Authority:
SDCL  61-7-1.
Law Implemented:
SDCL  61-7-1.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:06 - Reemployment assistance › Chapter 47:06:04 - Employee's unemployment benefits › Section 47:06:04:17 - Waiting period and continued claims for benefits - Time of filing

Current through Register Vol. 51, page 10, July 15, 2024
Claims for waiting period weeks or claims for benefits for weeks of total or partial unemployment shall be filed using any of the filing options offered by the department. Each claim shall be filed within seven calendar days following the last day of the week of unemployment for which benefits are claimed with the following exceptions:
(1) Claims filed within the subsequent seven-day period shall be accepted if good cause is shown for late filing;
(2) Claims for partial unemployment during a claim week filed within the subsequent seven-day period shall be accepted; or
(3) Claims filed within the subsequent seven-day period shall be accepted if reemployment occurred during the week following the claim week.
General Authority:
SDCL  61-7-1.
Law Implemented:
SDCL  61-7-1.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:06 - Reemployment assistance › Chapter 47:06:04 - Employee's unemployment benefits › Section 47:06:04:17.01 - Eligibility assessments

Current through Register Vol. 51, page 10, July 15, 2024
An individual that has filed a claim for benefits shall submit to periodic eligibility assessments as frequently as the public employment office schedules an assessment. The frequency of the eligibility assessments shall be determined by the following considerations:
(1) An individual's potential for being recalled to work by the individual's former employer;
(2) An individual's reason for separating from the previous employer;
(3) An individual's potential for employment within the individual's occupation and area of residence.
An individual who fails to report for a scheduled eligibility assessment shall be denied benefits for the week in which the eligibility assessment was scheduled and for every subsequent week until the individual reschedules an assessment or establishes good cause for failing to report.
General Authority:
SDCL  61-7-1.
Law Implemented:
SDCL  61-6-1.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:06 - Reemployment assistance › Chapter 47:06:04 - Employee's unemployment benefits › Section 47:06:04:17.02 - Reemployment services

Current through Register Vol. 51, page 10, July 15, 2024
Unless the secretary of the Department of Labor and Regulation determines that an individual has completed reemployment services, such as job search assistance services, or there is justifiable cause for an individual not to participate in such services, an unemployed individual is eligible to receive benefits for any week only if the individual participates in reemployment services determined by the secretary to be necessary for one of the following reasons:
(1) By means of a profiling system administered to an individual when the first benefit payment is issued, the secretary determines that the individual is likely to exhaust regular benefits and need reemployment services; or
(2) Based on an evaluation of the individual's experience, skills, and education level, the secretary determines that reemployment services will reduce the length of unemployment.
Justifiable cause includes factors such as attending approved training or obtaining employment which will start within three weeks.
General Authority:
SDCL  61-7-1.
Law Implemented:
SDCL  61-6-1.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:06 - Reemployment assistance › Chapter 47:06:04 - Employee's unemployment benefits › Section 47:06:04:19 - Payment in kind to be reported by employee

Current through Register Vol. 51, page 10, July 15, 2024
Board, lodging, or any other payment in kind received by an employee in addition to or in lieu of cash wages shall be reported by the employee at the prevailing wage rate for the type of work performed in the area where the work is performed. Where a cash value for board and lodging is agreed upon in any contract for hire, the amount agreed upon shall be the value of the board and lodging, if it is more than the prevailing wage rate.
General Authority:
SDCL  61-1-1(9).
Law Implemented:
SDCL  61-1-1(9).
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:06 - Reemployment assistance › Chapter 47:06:04 - Employee's unemployment benefits › Section 47:06:04:21 - Criteria for "actively seeking work."

Current through Register Vol. 51, page 10, July 15, 2024
To be considered able to work and available for work a claimant must be "actively seeking work." In determining what constitutes "actively seeking work," the secretary or the secretary's representative shall consider whether the efforts the claimant has made to obtain work have been reasonable and are efforts an unemployed individual is expected to make if the individual is honestly looking for work. Participation by the claimant in a department approved "reemployment services" program shall be considered to be "actively seeking work". For all other individuals, the criteria used by the secretary or representative to determine if a claimant is "actively seeking work" include the following:
(1) The prevailing occupational wage that the claimant is suited for by experience or training in the area where the claimant resides in relation to the wage the claimant is willing to accept. Individuals who have been trained for an occupation or have work experience in an occupation for which there is not current or anticipated demand in the area where they reside, as determined by the secretary or representative, must be available for work that they are capable of doing at the prevailing wage rate for that type of work; and
(2) Unless exempt under §
									47:06:04:11, the job contacts made by the claimant which meet the following criteria:
(a) Claimants filing for regular benefits must make two job contacts in each week for which benefits are requested. Weekly claims for benefits payable after regular benefits are exhausted, such as extended, supplemental, or emergency benefits, require at least five job contacts in each week for which benefits are requested. The secretary or representative may change the number of required job contacts based on local labor market conditions; and
(b) Claimants must make the job contact in the manner customarily required by the employer. However, contact by telephone does not satisfy this requirement.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:06 - Reemployment assistance › Chapter 47:06:04 - Employee's unemployment benefits › Section 47:06:04:21.01 - Shift work availability

Current through Register Vol. 51, page 10, July 15, 2024
An individual who has earned wage credits in an occupation that generally requires shift work shall be available to work all shifts or work schedules unless the individual has a compelling reason for not working one or more shifts or work schedules.
A compelling reason is an obligation or commitment and not simply the result of personal preference.
General Authority:
SDCL  61-6-1(3).
Law Implemented:
SDCL  61-6-1.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:06 - Reemployment assistance › Chapter 47:06:04 - Employee's unemployment benefits › Section 47:06:04:21.02 - Availability for work

Current through Register Vol. 51, page 10, July 15, 2024
Individuals with an established work relationship with an employer, such as a temporary employment service or a firm that provides employees the option of accepting any available work, are not available for work in weeks in which the individuals, without good cause, fail to accept job referrals or calls to work or fail to take positive steps to accept suitable work they should reasonably know is available with that employer. Good cause includes previously scheduled work with another employer or compelling personal circumstances which prevent acceptance of the work.
General Authority:
SDCL  61-6-1(3).
Law Implemented:
SDCL  61-6-1.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:06 - Reemployment assistance › Chapter 47:06:04 - Employee's unemployment benefits › Section 47:06:04:21.03 - Jury duty

Current through Register Vol. 51, page 10, July 15, 2024
An individual serving on a jury is considered to be available for work.
General Authority:
SDCL  61-6-1(3).
Law Implemented:
SDCL  61-6-1(3).
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:06 - Reemployment assistance › Chapter 47:06:04 - Employee's unemployment benefits › Section 47:06:04:22 - Waiver of overpayment

Current through Register Vol. 51, page 10, July 15, 2024
A person who is overpaid an amount of benefits is liable for the amount overpaid unless the following conditions exist:
(1) A request is made that the department waive the right to recover the overpayment within 15 days after notice of overpayment;
(2) The overpayment was not due to fault, misrepresentation, or willful nondisclosure. In determining fault, the department shall consider the capacity of the particular claimant to recognize the error resulting in the overpayment. The claimant is not at fault if the benefits were retained because of the claimant's good faith reliance on the department. A claimant who negligently reports or fails to report information which results in an overpayment is at fault and is liable for repayment; and
(3) The person does not have the ability to repay. In determining the ability to repay, the department may consider family income and any liquid or readily convertible assets available to the claimant and the claimant's spouse in addition to the income. The department may waive liability for the overpayment if the claimant's average gross income for the preceding 12 months does not exceed the applicable level in the table in this section. If the family income exceeds the level in the table, the department may also waive the overpayment in circumstances such as unusually high medical expenses or other financial emergency that would cause repayment to impose an extraordinary hardship on the claimant.
Percent of Average
Weekly Wage Rate x 52
Family Size
(Round to nearest one dollar)
1
50%
2
60%
3
70%
4
80%
5
90%
6
100%
The average weekly wage rate in South Dakota is computed by dividing the sum of the total wages in covered employment, as reported by the department for the preceding calendar year, by the average number of workers in covered employment and dividing the result by 52.
General Authority:
SDCL  61-6-42.
Law Implemented:
SDCL  61-6-42.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:06 - Reemployment assistance › Chapter 47:06:04 - Employee's unemployment benefits › Section 47:06:04:27 - Effective dates of disqualifications

Current through Register Vol. 51, page 10, July 15, 2024
Disqualifications imposed as provided in SDCL  61-6-9 and  61-6-14 are effective on the date the initial or additional claim is effective.
Disqualifications imposed, based on a disqualifying act that occurred during a week of unemployment for which benefits are claimed as provided in SDCL  61-6-9,  61-6-9.1,  61-6-14,  61-6-14.1, and  61-6-16 are effective on the Sunday preceding the day that the disqualifying act occurred.
General Authority:
SDCL  61-7-1.
Law Implemented:
SDCL  61-6-9,  61-6-9.1,  61-6-14,  61-6-14.1,  61-6-16.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:06 - Reemployment assistance › Chapter 47:06:04 - Employee's unemployment benefits › Section 47:06:04:28 - Weeks of administrative penalty

Current through Register Vol. 51, page 10, July 15, 2024
The department shall impose four weeks of administrative penalty for each week that an individual willfully or fraudulently misrepresents a fact to secure or increase benefits. An administrative penalty may not be imposed for more than 52 weeks.
General Authority:
SDCL  61-7-1.
Law Implemented:
SDCL  61-6-39.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:06 - Reemployment assistance › Chapter 47:06:05 - Administration of division › Section 47:06:05:01 - Application for redetermination and appeal from determination

Current through Register Vol. 51, page 10, July 15, 2024
An application for reopening a determination or an appeal from a determination, as provided in SDCL  61-7-5, must be in writing.
General Authority:
SDCL  61-7-1,  61-7-8.
Law Implemented:
SDCL  61-7-5.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:06 - Reemployment assistance › Chapter 47:06:05 - Administration of division › Section 47:06:05:02 - Filing of appeals - Place of filing and notice to opposite parties

Current through Register Vol. 51, page 10, July 15, 2024
A person may file an appeal by delivering a written appeal to any local labor office or mailing or sending by facsimile a letter of appeal to the Department of Labor and Regulation. The time of filing is the date the appeal is delivered to the local labor office, is mailed to the department, or the facsimile is received by the department. If the last day for filing an appeal is a Saturday, Sunday, or legal holiday, the appeal is timely if it is filed on the next day that is not a Saturday, Sunday, or legal holiday.
General Authority:
SDCL  61-7-1,  61-7-8.
Law Implemented:
SDCL  61-7-8.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:06 - Reemployment assistance › Chapter 47:06:05 - Administration of division › Section 47:06:05:03 - Time and place of hearing appeal

Current through Register Vol. 51, page 10, July 15, 2024
An appeal shall be heard at the earliest possible date. Notice specifying the time and place of hearing shall be mailed to the interested parties at least seven days before the date of hearing. The hearing shall be held in the city or town where the original claim was filed or at another convenient place that the hearing examiner may select. The place of hearing may not be at such a distance from the office where the original claim was filed that it causes undue hardship or increased travel expense to the interested parties.
The secretary of the Department of Labor and Regulation or the secretary's representative may schedule and conduct hearings by telephone. The secretary or representative shall determine if a hearing will be heard by telephone or in person. If either party to a hearing objects to a telephone hearing, an in-person hearing may be scheduled if a written request is made explaining why an in-person hearing is needed and good cause is shown for an in-person hearing. Good cause includes consideration of the following factors:
(1) The length of the hearing;
(2) The number of nonrepetitive witnesses;
(3) The nature and number of documents;
(4) An allegation of discrimination based on age or physical appearance; or
(5) Participation in the hearing by a person who has impaired hearing or speech.
General Authority:
SDCL  61-7-8.
Law Implemented:
SDCL  61-7-8.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:06 - Reemployment assistance › Chapter 47:06:05 - Administration of division › Section 47:06:05:03.01 - Nonappearance of a party - Request for reopening

Current through Register Vol. 51, page 10, July 15, 2024
If a party fails to appear at the date and time a hearing is scheduled, the party must file a written request to reopen the hearing to take the party's testimony and other evidence within ten days after the order dismissing the appeal or the decision. In the request, the party must explain why the party failed to appear for the hearing. The department may grant the request if good cause is shown.
General Authority:
SDCL  61-7-8.
Law Implemented:
SDCL  61-7-8.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:06 - Reemployment assistance › Chapter 47:06:05 - Administration of division › Section 47:06:05:03.02 - Consolidated appeals

Current through Register Vol. 51, page 10, July 15, 2024
The Department of Labor and Regulation may consolidate the appeals of one or more parties and hear and decide the appeals based on one record and hearing if the appeals involve a common issue of law and fact, the hearing process will be expedited by consolidation, and the rights of the parties will not be adversely affected.
General Authority:
SDCL  61-7-8.
Law Implemented:
SDCL  61-7-8.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:06 - Reemployment assistance › Chapter 47:06:05 - Administration of division › Section 47:06:05:07 - Adjournment of hearings

Current through Register Vol. 51, page 10, July 15, 2024
The hearing examiner may grant adjournments of hearings in order to secure all evidence that is necessary for a fair and impartial decision of the appeal.
General Authority:
SDCL  61-7-8.
Law Implemented:
SDCL  61-7-8.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:06 - Reemployment assistance › Chapter 47:06:05 - Administration of division › Section 47:06:05:08 - Decision of hearing examiner

Current through Register Vol. 51, page 10, July 15, 2024
Upon the completion of a hearing, the hearing examiner shall issue the decision or order in accordance with SDCL  1-26-25 within 10 days.
General Authority:
SDCL  61-7-8.
Law Implemented:
SDCL  61-7-10.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:06 - Reemployment assistance › Chapter 47:06:05 - Administration of division › Section 47:06:05:09 - Disqualification of hearing examiner

Current through Register Vol. 51, page 10, July 15, 2024
A hearing examiner may be disqualified upon a showing by an interested party to an appeal that the hearing examiner has an interest in the appeal. The application for disqualification shall be in writing and shall be filed with the Department of Labor and Regulation before the scheduled hearing.
General Authority:
SDCL  61-7-8.
Law Implemented:
SDCL  61-7-6.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:06 - Reemployment assistance › Chapter 47:06:05 - Administration of division › Section 47:06:05:12 - Method of hearing appeals to the secretary

Current through Register Vol. 51, page 10, July 15, 2024
All appeals to the secretary shall be decided upon the evidence in the record made before the hearing examiner. The secretary, in order to render a decision, may direct the taking of additional evidence.
General Authority:
SDCL  61-7-8.
Law Implemented:
SDCL  61-7-12.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:06 - Reemployment assistance › Chapter 47:06:05 - Administration of division › Section 47:06:05:13 - Taking of additional evidence

Current through Register Vol. 51, page 10, July 15, 2024
If, in the discretion of the secretary additional evidence is necessary, the parties shall be notified at least five days in advance of the time and place the evidence will be taken. Any party to a proceeding in which testimony is taken may present evidence that may be pertinent to the issue.
General Authority:
SDCL  61-7-8.
Law Implemented:
SDCL  61-7-12.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:06 - Reemployment assistance › Chapter 47:06:05 - Administration of division › Section 47:06:05:14 - Secretary may remand claim to hearing examiner

Current through Register Vol. 51, page 10, July 15, 2024
At the secretary's discretion, the secretary may remand a claim or any issue involved in a claim to a hearing examiner for the taking of additional evidence that the secretary considers necessary.
General Authority:
SDCL  61-7-8.
Law Implemented:
SDCL  61-7-12.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:06 - Reemployment assistance › Chapter 47:06:05 - Administration of division › Section 47:06:05:18 - Witness fees

Current through Register Vol. 51, page 10, July 15, 2024
Witnesses subpoenaed for any hearing under SDCL title 61 shall be paid pursuant to SDCL  19-5-1 and  19-5-2.
General Authority:
SDCL  61-7-8.
Law Implemented:
SDCL  61-7-9.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:06 - Reemployment assistance › Chapter 47:06:05 - Administration of division › Section 47:06:05:19 - Orders for information from the Department of Labor and Regulation records

Current through Register Vol. 51, page 10, July 15, 2024
Orders for supplying information from the records of the Department of Labor and Regulation to interested parties for use at an appeal hearing, to the extent necessary for the proper presentation of or defense to a claim, shall be issued only upon application setting forth the information required and its necessity.
General Authority:
SDCL  61-7-8.
Law Implemented:
SDCL  61-7-8.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:06 - Reemployment assistance › Chapter 47:06:05 - Administration of division › Section 47:06:05:21 - Filing of decision

Current through Register Vol. 51, page 10, July 15, 2024
A copy of all decisions of the hearing examiner and the secretary shall be kept on file by the Department of Labor and Regulation. Such decisions shall be open for inspection.
General Authority:
SDCL  61-7-8.
Law Implemented:
SDCL  61-7-8.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:06 - Reemployment assistance › Chapter 47:06:05 - Administration of division › Section 47:06:05:22 - Application for hearing for reviewing account status, rate of contribution, or whether services constitute employment

Current through Register Vol. 51, page 10, July 15, 2024
An employer may apply for a hearing for the purpose of obtaining a review or redetermination of the status of the employer's account, the rate of contribution, or whether services performed for or in connection with the business constituted employment. Unless the employer files an application for review by formal written request, within 15 days after the mailing of a notice of determination to the employer's last known address, the determination shall become conclusive and binding on the employer for all purposes.
The Department of Labor and Regulation may initiate administrative hearings to obtain information as to whether an employing unit constitutes an employer within the meaning of the reemployment assistance law and whether services performed for or in connection with the business of the employer or employing unit constitute employment for the employer or employing unit.
General Authority:
SDCL  61-7-8
Law Implemented:
SDCL  61-7-8.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:10 - Department of Labor and Regulation employees' retirement board › Chapter 47:10:01 - General provisions › Section 47:10:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this article are defined as follows:
(1) "Actuarial valuation," the calculation to determine the normal cost, the entry age normal level contribution requirements accumulated to date according to entry age normal cost method, and the present value of the benefits earned to date of a benefit plan, based upon stated assumptions as to rates of interest, mortality, disability, salary progressions, withdrawal, and retirement as established by a periodic actuarial survey which takes into account census data of all active members, vested terminated members, and retired members and their beneficiaries under the plan;
(2) "Approved actuary," an actuary who is a fellow of the Society of Actuaries or who has at least 15 years of service to public employees' funds; any firm retaining such an actuary on its staff;
(3) "Beneficiary," the person designated by a member of the retirement plan to receive payments after the death of a member;
(4) "Benefits," the amounts paid to a member or to the spouse and family or beneficiary;
(5) "Board," the South Dakota Department of Labor and Regulation employees' retirement board;
(6) "Department," the South Dakota Department of Labor and Regulation;
(7) "Fund," the South Dakota Department of Labor and Regulation employees' retirement fund or funds established for the purposes of administration of the retirement plan established in SDCL  61-2-15;
(8) "Member," a person who is participating in and who has made contributions to the retirement plan, but not a person who withdraws his contributions at termination of employment;
(9) "Retirement plan" or "plan," South Dakota Department of Labor and Regulation, job service, unemployment division, and office of administrative services retirement plans A and B, entered into by the department prior to September 25, 1989, with subsequent amendments.
General Authority:
SDCL  61-2-15.5.
Law Implemented:
SDCL  61-2-15,  61-2-15.5.