South Dakota Codified Laws
Chapter 06 - Reemployment Assistance Benefits
Section 61-6-5 - Benefits payable for each week of unemployment--Reduction for wages earned or received during week.

61-6-5. Benefits payable for each week of unemployment--Reduction for wages earned or received during week.
For each individual who is unemployed in any week, as defined in §§61-1-51 to 61-1-54, inclusive, benefits with respect to that week are paid in an amount determined by §61-6-2. A benefit amount that is not a multiple of one dollar, is computed to the next lower multiple of one dollar. However, the benefit paid is reduced by seventy-five percent of the amount by which the wages or earnings exceed twenty-five dollars per week, and no benefit payment is made if the wages or earnings equal or exceed the weekly benefit amount.

Source: SDC 1939, §17.0828 (3) (b) as added by SL 1939, ch 86, §5; SDC 1939, §17.0828 (3) as enacted by SL 1941, ch 83, §7; SL 1943, ch 82, §1; SL 1947, ch 90, §1; SL 1951, ch 97, §1; SL 1953, ch 76, §5; SL 1957, ch 88, §3; SL 1963, ch 122, §2; SL 1979, ch 348, §2A; SL 1983, ch 379, §2; SL 1984, ch 333, §2; SL 1990, ch 414, §1; SDCL §61-6-1; SL 2012, ch 252, §59.

Structure South Dakota Codified Laws

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 61-6-5 - Benefits payable for each week of unemployment--Reduction for wages earned or received during week.

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 - Voluntary separation without good cause--Additional claims during benefit year--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 61-6-19 - Work deemed unsuitable due to labor dispute, unfavorable working conditions, or requirement as to union membership.

Section 61-6-20 - Student may not receive benefits.

Section 61-6-21 - Benefits payable to individual in approved training program--Rules establishing conditions for approval of training.

Section 61-6-23 - Benefits for individuals seeking only part-time work.

Section 61-6-24 - Benefits based on employment by state or instrumentalities or by religious, charitable, or educational organization--Exception.

Section 61-6-25 - Benefits not paid employees of educational institutions for services between successive academic years--Grounds for retroactive payments.

Section 61-6-26 - Benefits not paid for established vacation period or holiday recess preceded and followed by insured work.

Section 61-6-28 - Application of provisions as to periods between academic years, sabbatical leaves, and vacation and holiday periods to certain employment.

Section 61-6-29 - Employee working for an employer under contract with a public or private school.

Section 61-6-30 - Benefits not paid for participation in sports or athletic events between successive seasons.

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 61-6-36 - Benefits prohibited in more than one benefit year as the result of one separation from work.

Section 61-6-37 - Benefits not payable when benefits sought under other unemployment compensation law--Determination of ineligibility under other law.

Section 61-6-38 - Misrepresentation to increase benefits unlawful.

Section 61-6-39 - Denial of benefits from discovery of misrepresentation--Penalties.

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.

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 61-6-44 - Interest on benefit not repaid--Interest paid into employment security contingency fund.

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 61-6-48 - Assignment of benefits void--Exemption from process--Waiver of exemption void--Information furnished to Department of Social Services--Disclosure of obligations by applicant--Deductions--Reimbursement of costs.

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 61-6-57 - Qualification for extended benefits despite receipt of more payments after appeal--Seasonal workers--Disqualified applicants for regular benefits.

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 61-6-61 - Maximum extended benefits payable in year--Reduction of total extended benefit amount.

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 61-6-66 - Disqualification for extended benefits on failure to seek or accept suitable work--Exception.

Section 61-6-67 - Voluntary withholding of federal income tax from benefit payments.

Section 61-6-68 - Reemployment assistance eligibility integrity.