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.
Structure South Dakota Codified Laws
Title 61 - Reemployment Assistance
Chapter 06 - Reemployment Assistance Benefits
Section 61-6-1 - Requirements for eligibility for benefits during week.
Section 61-6-2 - Computation of weekly benefit amount.
Section 61-6-4 - Minimum base period and highest quarter wages required for benefits.
Section 61-6-6 - Eligibility requirements for waiting period.
Section 61-6-7 - Wages for insured work.
Section 61-6-8 - Maximum benefit amount based on base period wages--Trade readjustment payments.
Section 61-6-9.1 - Good cause for voluntarily leaving employment restricted to certain situations.
Section 61-6-13 - Benefits denied to persons employed while incarcerated--Reemployment.
Section 61-6-14 - Separation for misconduct--Additional claims during benefit year.
Section 61-6-14.1 - Misconduct defined.
Section 61-6-15 - Benefits not payable for unemployment due to labor dispute--Exceptions.
Section 61-6-16 - Failure to seek or accept suitable employment.
Section 61-6-17 - Factors considered in determining suitability of offered employment.
Section 61-6-20 - Student may not receive benefits.
Section 61-6-23 - Benefits for individuals seeking only part-time work.
Section 61-6-29 - Employee working for an employer under contract with a public or private school.
Section 61-6-33 - Federal school employees not disqualified.
Section 61-6-34 - Benefits not paid to aliens--Exceptions--Determination of alien status.
Section 61-6-35 - Benefits not payable for week in which other compensation received.
Section 61-6-38 - Misrepresentation to increase benefits unlawful.
Section 61-6-39 - Denial of benefits from discovery of misrepresentation--Penalties.
Section 61-6-41 - Deduction or repayment of overpayments.
Section 61-6-42 - Waiver of right to recover overpayment.
Section 61-6-43 - Collection or deduction of overpayments by another state.
Section 61-6-45 - Cancellation of uncollectible overpayments.
Section 61-6-46 - Benefits restricted to amount in the unemployment compensation fund.
Section 61-6-47 - Waiver of rights and benefits prohibited--Violation as misdemeanor.
Section 61-6-49 - Extended benefits--Definition of terms.
Section 61-6-50 - Computation of unemployment rate to follow federal regulations.
Section 61-6-51 - Determination of state "on" indicator.
Section 61-6-52 - Determination of state "off" indicator.
Section 61-6-53 - Minimum period between extended benefit periods.
Section 61-6-54 - Public announcement of commencement or termination of extended benefit period.
Section 61-6-55 - Extended benefits limited to exhaustees--Eligibility for regular benefits.
Section 61-6-56 - Exhaustee defined.
Section 61-6-58 - Qualification for extended benefits on termination of regular benefit year.
Section 61-6-59 - Applicable benefit year defined.
Section 61-6-60 - Amount of weekly extended benefit--Reduction.
Section 61-6-62 - Extended benefits not chargeable to employer.
Section 61-6-63 - Claims for and payment of extended benefits.
Section 61-6-64 - Administration of extended benefits to conform to federal requirements.
Section 61-6-65 - Interstate claims--Eligibility for extended benefits.
Section 61-6-67 - Voluntary withholding of federal income tax from benefit payments.
Section 61-6-68 - Reemployment assistance eligibility integrity.