61-1-23. Elective coverage of foreign service.
The term, employment, includes the service of an individual who is a citizen of the United States, performed outside the United States except in Canada, or in the case of the Virgin Islands, after December thirty-first in the year the United States secretary of labor approves the Virgin Islands' unemployment compensation law, in the employ of an American employer other than service which is deemed employment under §61-1-26 or 61-1-27 or the parallel provisions of another state's law, if none of the criteria of §§61-1-20 and 61-1-22 is met but the employer has elected coverage in this state or, the employer having failed to elect coverage in any state, the individual has filed a claim for benefits, based on such service, under the law of this state.
Source: SDCL §61-1-10 (5) (c) as enacted by SL 1971, ch 276, §10; SL 1977, ch 420, §14; SL 2008, ch 277, §14; SDCL §61-1-10.7; SL 2012, ch 252, §59.
Structure South Dakota Codified Laws
Title 61 - Reemployment Assistance
Chapter 01 - Definitions And General Provisions
Section 61-1-1 - Definition of terms.
Section 61-1-2 - Department to administer title.
Section 61-1-3 - Employing unit defined.
Section 61-1-4 - Employer defined.
Section 61-1-5 - Successor employers subject to coverage.
Section 61-1-5.1 - Combined payrolls of predecessor and successor qualifying for coverage.
Section 61-1-6 - Employer subject to coverage by addition of another employing unit.
Section 61-1-7 - Extension of coverage to employment taxed under federal law.
Section 61-1-8 - Required coverage continues until terminated by law.
Section 61-1-9 - Elective coverage continues for period of election.
Section 61-1-10 - Employment defined.
Section 61-1-11 - Employee and independent contractor distinguished.
Section 61-1-12 - Agent-drivers, commission-drivers, and salesmen included.
Section 61-1-13 - Employment by state or instrumentalities included.
Section 61-1-15 - Employment by religious, charitable, educational, or other organization included.
Section 61-1-17 - Agricultural labor included--Criteria.
Section 61-1-18 - Services included within agricultural labor.
Section 61-1-19 - Certain domestic service included.
Section 61-1-20 - Foreign service for employer with principal place of business in state included.
Section 61-1-22 - Foreign service for employer resident in state included.
Section 61-1-23 - Elective coverage of foreign service.
Section 61-1-24 - American employer defined.
Section 61-1-25 - Crew members of American vessels included.
Section 61-1-27 - Service considered within state--Services in more than one state.
Section 61-1-28 - Services within state not covered by any other compensation law.
Section 61-1-30 - Service outside state controlled from within state.
Section 61-1-33 - Employment exempt under Federal Unemployment Tax Act.
Section 61-1-34 - Foreign government service exempt.
Section 61-1-35 - Instrumentalities of foreign governments exempt.
Section 61-1-36 - Exempt employment by churches, institutions and state.
Section 61-1-38 - Student nurses, interns, and hospital patients exempt.
Section 61-1-39 - Newspaper delivery by minors exempt.
Section 61-1-41 - Insurance agents and solicitors exempt.
Section 61-1-44 - Employment by close relative exempt.
Section 61-1-45 - Coverage determined by nature of employment for major part of pay period.
Section 61-1-46 - Wages defined--Maximum annual wages subject to coverage.
Section 61-1-47 - National Guard weekend training payments not deemed wages.
Section 61-1-48 - Employer's contributions to certain plans not deemed wages.
Section 61-1-49 - Social security tax payments not deemed wages.
Section 61-1-50 - Dismissal payments not deemed wages.
Section 61-1-51 - Week of unemployment defined.
Section 61-1-52 - Registration at employment office required to commence week of unemployment.
Section 61-1-53 - Rules covering temporary or partial employment.
Section 61-1-54 - Rules covering seasonal employment.
Section 61-1-55 - Title inoperative if federal tax inoperative--Disposition of unobligated funds.