South Dakota Codified Laws
Chapter 06 - Reemployment Assistance Benefits
Section 61-6-59 - Applicable benefit year defined.

61-6-59. Applicable benefit year defined.
The term, applicable benefit year, means, with respect to an individual, the individual's current benefit year if at the time the individual files a claim for extended benefits the individual has an unexpired benefit year only in the state in which the individual files the claim or, in any other case, the individual's most recent benefit year. For this purpose the individual's most recent benefit year, if the individual has unexpired benefit years in more than one state when the individual files a claim for extended benefits, is the benefit year with the latest ending date, or, if the benefit years have the same ending date, the benefit year in which the individual's latest continued claim for regular benefits was filed.

Source: SDCL §61-6-38 (5) as enacted by SL 1974, ch 331, §3; SL 2008, ch 277, §143; SDCL §61-6-38.3; 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.