61-5-28. Increase in all employers' rates on reduction of amount in the unemployment compensation fund--Application and duration of rate--Amount payable.
If on the last day of any calendar quarter, the amount in the unemployment compensation fund, as established by §61-4-1, including amounts receivable as federal reimbursements due the state for shareable benefit payments, is less than any amount appearing in Column A below, then all employers' rates shall be increased by the amount appearing in Column B opposite the lowest amount in Column A under which the fund has been reduced:
The increased contribution rates apply to taxable wages paid on and after the first day of the immediately following calendar quarter. The rates shall remain in effect until the balance in the unemployment fund on the last day of any quarter is equal to or greater than one hundred fifty percent of the highest amount appearing in Column A. The increased rate shall be one-tenth of one percent if the balance in the fund is one hundred percent or more but less than one hundred fifty percent of the highest amount appearing in Column A. However under no circumstances may any employer be required to pay contributions at a rate including the adjustment percentage, of more than twelve percent. However, the increased contribution rates under this section shall not exceed one percent for taxable wages paid from January 1, 2010, through December 31, 2010, and may not exceed seventy-five hundredths of one percent for taxable wages paid from January 1, 2011, through December 31, 2011. Effective January 1, 2012, any rate increase based on this section will remain in effect for four consecutive calendar quarters. The rate for the second, third, and fourth quarters may increase based on the fund balance on the last day of the immediately prior quarter, but may not decrease from the prior quarter during the four consecutive quarters.
The contribution rates provided in this section apply to and are retroactive to taxable wages paid on and after January 1, 2010.
Source: SDC 1939, §17.0822 (2) (b) (3) as added by SL 1961, ch 106, §2; SL 1971, ch 276, §40; SL 1979, ch 349, §2; SL 1981, ch 369, §3; SL 1982, ch 371, §4; SL 1983, ch 381, §4; SL 2005, ch 280, §1; SL 2006, ch 267, §5; SL 2010, ch 247, §4, eff. Mar. 10, 2010; SDCL §61-5-23; SL 2012, ch 252, §59.
Structure South Dakota Codified Laws
Title 61 - Reemployment Assistance
Chapter 05 - Employers' Contributions And Accounts
Section 61-5-1 - Employer subject to title for entire year.
Section 61-5-3 - Elective coverage of employer--Minimum period of coverage--Notice of termination.
Section 61-5-5 - Termination of elective coverage on notice by secretary.
Section 61-5-11 - Termination of coverage on application by employer no longer subject to title.
Section 61-5-15 - Termination of coverage on transfer of account to successor in business.
Section 61-5-17 - Termination of coverage on employer's cessation of business.
Section 61-5-18 - Provisions governing employers' contributions.
Section 61-5-23 - Rules establishing method of computing employers' contributions.
Section 61-5-25.1 - Employer's reserve ratio for 2007 through 2009.
Section 61-5-25.2 - Employer's contribution rates for 2010 through 2014.
Section 61-5-25.3 - Employer's reserve ratio--Contribution rates for 2015 through 2017.
Section 61-5-25.4 - Employer's reserve ratio--Contribution rates for 2018 through 2019.
Section 61-5-25.5 - Employer's reserve ratio--Contribution rates for 2020 and thereafter.
Section 61-5-27 - Reduced rate refused for delinquencies.
Section 61-5-28.1 - Administrative fee.
Section 61-5-29 - Investment fee.
Section 61-5-29.1 - Employer's investment in state's future fund--Purposes--Expenditures.
Section 61-5-31 - Interest on negative balance in employer's experience rating account.
Section 61-5-33 - Rights of appeal under political subdivision coverage.
Section 61-5-34 - Voluntary additional contributions credited to employer's account.
Section 61-5-35 - Contributions paid in accordance with rules.
Section 61-5-36 - Deduction of contributions from wages prohibited.
Section 61-5-37 - Contributions credited to experience-rating accounts.
Section 61-5-43 - Circumstance warranting return of experience-rating accounts to sellers.
Section 61-5-48 - Rules to implement application of § 61-5-46.
Section 61-5-49 - Definitions applicable to §§ 61-5-46 to 61-5-48.
Section 61-5-50 - Interpretation and application of §§ 61-5-46 to 61-5-49 to meet federal standards.
Section 61-5-51 - Waiver of mandatory transfer of experience-rating account--Conditions.
Section 61-5-52 - Procedures to identify transfer or acquisition of business.
Section 61-5-53 - Pooled fund maintained by department--Moneys credited.
Section 61-5-56 - Adjustment and refund of erroneous contributions.
Section 61-5-57 - Interest on delinquent contributions.
Section 61-5-58 - Penalty for failure to timely pay contributions or submit reports.
Section 61-5-60 - Notice of lien filed with register of deeds.
Section 61-5-63 - Return of uncollectible distress warrant.
Section 61-5-64 - Liability of county officer for failure to issue or execute distress warrant.
Section 61-5-65 - Satisfaction of lien recorded on payment of contributions.
Section 61-5-66 - Civil action for collection of contributions--Preference on court calendar.
Section 61-5-67 - Action in South Dakota for contributions to other states--Reciprocity.
Section 61-5-68 - Priority of contribution claims in state insolvency proceedings.
Section 61-5-69 - Priority of contribution claims in bankruptcy proceedings.
Section 61-5-70 - Cancellation of uncollectible unemployment insurance contributions.