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Chapter 01 - Definitions And General Provisions
Section 61-1-1 - Definition of terms. - 61-1-1. Definition of terms. Terms used in this title mean:...
Section 61-1-2 - Department to administer title. - 61-1-2. Department to administer title. The Department of Labor and...
Section 61-1-3 - Employing unit defined. - 61-1-3. Employing unit defined. As used in this title, the...
Section 61-1-4 - Employer defined. - 61-1-4. Employer defined. As used in this title, the term,...
Section 61-1-5 - Successor employers subject to coverage. - 61-1-5. Successor employers subject to coverage. As used in this...
Section 61-1-5.1 - Combined payrolls of predecessor and successor qualifying for coverage. - 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. - 61-1-6. Employer subject to coverage by addition of another employing...
Section 61-1-7 - Extension of coverage to employment taxed under federal law. - 61-1-7. Extension of coverage to employment taxed under federal law....
Section 61-1-8 - Required coverage continues until terminated by law. - 61-1-8. Required coverage continues until terminated by law. As used...
Section 61-1-9 - Elective coverage continues for period of election. - 61-1-9. Elective coverage continues for period of election. As used...
Section 61-1-10 - Employment defined. - 61-1-10. Employment defined. The term, employment, means any service performed,...
Section 61-1-11 - Employee and independent contractor distinguished. - 61-1-11. Employee and independent contractor distinguished. Service performed by an...
Section 61-1-12 - Agent-drivers, commission-drivers, and salesmen included. - 61-1-12. Agent-drivers, commission-drivers, and salesmen included. The term, employment, includes,...
Section 61-1-13 - Employment by state or instrumentalities included. - 61-1-13. Employment by state or instrumentalities included. As used in...
Section 61-1-14 - Unemployment compensation funds for political subdivisions permitted--Expenditures from fund. - 61-1-14. Unemployment compensation funds for political subdivisions permitted--Expenditures from fund....
Section 61-1-15 - Employment by religious, charitable, educational, or other organization included. - 61-1-15. Employment by religious, charitable, educational, or other organization included....
Section 61-1-17 - Agricultural labor included--Criteria. - 61-1-17. Agricultural labor included--Criteria. As used in this title, the...
Section 61-1-18 - Services included within agricultural labor. - 61-1-18. Services included within agricultural labor. As used in this...
Section 61-1-19 - Certain domestic service included. - 61-1-19. Certain domestic service included. As used in this title,...
Section 61-1-20 - Foreign service for employer with principal place of business in state included. - 61-1-20. Foreign service for employer with principal place of business...
Section 61-1-22 - Foreign service for employer resident in state included. - 61-1-22. Foreign service for employer resident in state included. The...
Section 61-1-23 - Elective coverage of foreign service. - 61-1-23. Elective coverage of foreign service. The term, employment, includes...
Section 61-1-24 - American employer defined. - 61-1-24. American employer defined. The term, American employer, for the...
Section 61-1-25 - Crew members of American vessels included. - 61-1-25. Crew members of American vessels included. Notwithstanding §61-1-26, the...
Section 61-1-26 - Service within and without state included--Base of operations or residence as basis for coverage. - 61-1-26. Service within and without state included--Base of operations or...
Section 61-1-27 - Service considered within state--Services in more than one state. - 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. - 61-1-28. Services within state not covered by any other compensation...
Section 61-1-30 - Service outside state controlled from within state. - 61-1-30. Service outside state controlled from within state. The term,...
Section 61-1-31 - Federal employment exempt--Payments permitted by Congress--Refund when state not certified. - 61-1-31. Federal employment exempt--Payments permitted by Congress--Refund when state not...
Section 61-1-32 - Employment exempt when covered by federal compensation law--Agreements for reciprocal treatment. - 61-1-32. Employment exempt when covered by federal compensation law--Agreements for...
Section 61-1-33 - Employment exempt under Federal Unemployment Tax Act. - 61-1-33. Employment exempt under Federal Unemployment Tax Act. As used...
Section 61-1-34 - Foreign government service exempt. - 61-1-34. Foreign government service exempt. As used in this title,...
Section 61-1-35 - Instrumentalities of foreign governments exempt. - 61-1-35. Instrumentalities of foreign governments exempt. As used in this...
Section 61-1-36 - Exempt employment by churches, institutions and state. - 61-1-36. Exempt employment by churches, institutions and state. For the...
Section 61-1-37 - Incidental and student employment by educational institutions and nonprofit organizations exempt. - 61-1-37. Incidental and student employment by educational institutions and nonprofit...
Section 61-1-38 - Student nurses, interns, and hospital patients exempt. - 61-1-38. Student nurses, interns, and hospital patients exempt. As used...
Section 61-1-39 - Newspaper delivery by minors exempt. - 61-1-39. Newspaper delivery by minors exempt. As used in this...
Section 61-1-41 - Insurance agents and solicitors exempt. - 61-1-41. Insurance agents and solicitors exempt. As used in this...
Section 61-1-44 - Employment by close relative exempt. - 61-1-44. Employment by close relative exempt. As used in this...
Section 61-1-45 - Coverage determined by nature of employment for major part of pay period. - 61-1-45. Coverage determined by nature of employment for major part...
Section 61-1-46 - Wages defined--Maximum annual wages subject to coverage. - 61-1-46. Wages defined--Maximum annual wages subject to coverage. As used...
Section 61-1-47 - National Guard weekend training payments not deemed wages. - 61-1-47. National Guard weekend training payments not deemed wages. As...
Section 61-1-48 - Employer's contributions to certain plans not deemed wages. - 61-1-48.Employer's contributions to certain plans not deemed wages. As used...
Section 61-1-49 - Social security tax payments not deemed wages. - 61-1-49. Social security tax payments not deemed wages. As used...
Section 61-1-50 - Dismissal payments not deemed wages. - 61-1-50. Dismissal payments not deemed wages. As used in this...
Section 61-1-51 - Week of unemployment defined. - 61-1-51. Week of unemployment defined. For the purposes of this...
Section 61-1-52 - Registration at employment office required to commence week of unemployment. - 61-1-52. Registration at employment office required to commence week of...
Section 61-1-53 - Rules covering temporary or partial employment. - 61-1-53. Rules covering temporary or partial employment. The Department of...
Section 61-1-54 - Rules covering seasonal employment. - 61-1-54. Rules covering seasonal employment. The Department of Labor and...
Section 61-1-55 - Title inoperative if federal tax inoperative--Disposition of unobligated funds. - 61-1-55. Title inoperative if federal tax inoperative--Disposition of unobligated funds....
Chapter 02 - Employment Security Divisions
Section 61-2-1.1 - Department abolished--Performance of functions. - 61-2-1.1. Department abolished--Performance of functions. The Department of Employment Security...
Section 61-2-7.1 - Reemployment assistance advisory council--Composition and appointment--Functions--Meetings--Reports. - 61-2-7.1. Reemployment assistance advisory council--Composition and appointment--Functions--Meetings--Reports. The Governor shall...
Section 61-2-7.2 - Direction and supervision by Department of Labor and Regulation--Independent functions retained by councils. - 61-2-7.2. Direction and supervision by Department of Labor and Regulation--Independent...
Section 61-2-8 - Meetings and functions of advisory council. - 61-2-8. Meetings and functions of advisory council. The reemployment assistance...
Section 61-2-13 - Political activity of employees--Prohibited and permitted activity. - 61-2-13. Political activity of employees--Prohibited and permitted activity. The department...
Section 61-2-16 - Administration of title by secretary--General powers. - 61-2-16. Administration of title by secretary--General powers. The secretary of...
Section 61-2-18 - Recommendations to Governor and Legislature. - 61-2-18. Recommendations to Governor and Legislature. If the secretary of...
Section 61-2-19 - Representation of state to congressional delegation--Cooperation with agencies of other states. - 61-2-19. Representation of state to congressional delegation--Cooperation with agencies of...
Chapter 03 - Administration And Enforcement
Section 61-3-1 - General purposes of departmental programs--Assistance, investigations, and research. - 61-3-1. General purposes of departmental programs--Assistance, investigations, and research. The...
Section 61-3-2 - Work record maintained by employing unit--Inspection by department. - 61-3-2. Work record maintained by employing unit--Inspection by department. Each...
Section 61-3-3 - Report required of employers by secretary. - 61-3-3. Report required of employers by secretary. The secretary of...
Section 61-3-4 - Information confidential--Use by claimant at hearing--Violation as misdemeanor. - 61-3-4. Information confidential--Use by claimant at hearing--Violation as misdemeanor. No...
Section 61-3-5 - Reports and communications privileged in actions for defamation. - 61-3-5. Reports and communications privileged in actions for defamation. No...
Section 61-3-6 - Preservation and destruction of departmental records. - 61-3-6. Preservation and destruction of departmental records. The department shall...
Section 61-3-7 - Powers of departmental personnel in conduct of investigations and hearings. - 61-3-7. Powers of departmental personnel in conduct of investigations and...
Section 61-3-8 - Disobedience of subpoena not excused by privilege against self-incrimination--Immunity from prosecution after claim of privilege. - 61-3-8. Disobedience of subpoena not excused by privilege against self-incrimination--Immunity...
Section 61-3-9 - Disobedience of departmental subpoena--Misdemeanor--Separate offenses. - 61-3-9. Disobedience of departmental subpoena--Misdemeanor--Separate offenses. Any person who without...
Section 61-3-10 - Judicial enforcement of departmental subpoena--Disobedience as contempt. - 61-3-10. Judicial enforcement of departmental subpoena--Disobedience as contempt. In case...
Section 61-3-14 - Availability of laws, rules, and reports. - 61-3-14. Availability of laws, rules, and reports. The secretary of...
Section 61-3-16 - Criminal prosecutions by attorney general or state's attorney. - 61-3-16. Criminal prosecutions by attorney general or state's attorney. Any...
Section 61-3-17 - Representation of department in civil actions. - 61-3-17. Representation of department in civil actions. In any civil...
Section 61-3-18 - Promulgation of rules to secure federal benefits. - 61-3-18. Promulgation of rules to secure federal benefits. The department...
Section 61-3-19 - Arrangements with other states for coordinated administration of benefits. - 61-3-19. Arrangements with other states for coordinated administration of benefits....
Section 61-3-20 - Agreements with federal government and other states for coordinated collection of contributions. - 61-3-20. Agreements with federal government and other states for coordinated...
Section 61-3-21 - Cooperation and compliance with federal requirements--Reports and information. - 61-3-21. Cooperation and compliance with federal requirements--Reports and information. In...
Section 61-3-22 - Records made available to railroad retirement board. - 61-3-22. Records made available to railroad retirement board. The Department...
Section 61-3-23 - Information furnished to federal public works agencies. - 61-3-23. Information furnished to federal public works agencies. Upon request...
Section 61-3-24 - Employment security administration fund created--Moneys paid into fund--Purposes for which used. - 61-3-24. Employment security administration fund created--Moneys paid into fund--Purposes for...
Section 61-3-25 - Separate administration and accounting for administration fund--Security provided by depository. - 61-3-25. Separate administration and accounting for administration fund--Security provided by...
Section 61-3-26 - Administration fund covered by state treasurer's bond--Deposit of recoveries on bond. - 61-3-26. Administration fund covered by state treasurer's bond--Deposit of recoveries...
Section 61-3-27 - State obligation to replace federal contributions expended in unauthorized manner. - 61-3-27. State obligation to replace federal contributions expended in unauthorized...
Section 61-3-28 - Employment security contingency fund established--Interest, penalty, and fine payments paid into fund--Restrictions on expenditures--Use of fund. - 61-3-28. Employment security contingency fund established--Interest, penalty, and fine payments...
Section 61-3-29 - Refunds of interest, penalties, and fines paid from employment security contingency fund. - 61-3-29. Refunds of interest, penalties, and fines paid from employment...
Section 61-3-30 - Expenditures and refunds from employment security contingency fund--Deposit, administration, and disbursement of fund. - 61-3-30. Expenditures and refunds from employment security contingency fund--Deposit, administration,...
Section 61-3-31 - Transfer of contingency fund balance to unemployment compensation fund. - 61-3-31. Transfer of contingency fund balance to unemployment compensation fund....
Chapter 04 - The Unemployment Compensation Fund
Section 61-4-1 - Fund created--General purpose. - 61-4-1. Fund created--General purpose. There is hereby established as a...
Section 61-4-2 - Contributions, receipts, and earnings constituting fund. - 61-4-2. Contributions, receipts, and earnings constituting fund. The unemployment compensation...
Section 61-4-3 - Secretary to administer fund--Liability on bond. - 61-4-3. Secretary to administer fund--Liability on bond. The secretary of...
Section 61-4-4 - Separate accounts within fund. - 61-4-4. Separate accounts within fund. The department shall maintain within...
Section 61-4-5 - Receipts deposited in clearing account--Refunds from clearing account--Deposits to trust fund held by secretary of treasury. - 61-4-5. Receipts deposited in clearing account--Refunds from clearing account--Deposits to...
Section 61-4-6 - Requisitions on trust fund for payment of benefits and refunds. - 61-4-6. Requisitions on trust fund for payment of benefits and...
Section 61-4-7 - Deposit of requisitioned moneys in benefit and clearing accounts--Payment of benefits and refunds. - 61-4-7. Deposit of requisitioned moneys in benefit and clearing accounts--Payment...
Section 61-4-8 - Disposition of unexpended balance of requisitioned moneys. - 61-4-8. Disposition of unexpended balance of requisitioned moneys. Any balance...
Section 61-4-9 - Source of moneys in benefit account. - 61-4-9. Source of moneys in benefit account. The benefit account...
Section 61-4-10 - Depository for clearing and benefit accounts. - 61-4-10. Depository for clearing and benefit accounts. Moneys in the...
Section 61-4-11 - Reversion of unclaimed checks and warrants. - 61-4-11. Reversion of unclaimed checks and warrants. If after twenty-four...
Section 61-4-13 - Provisions relating to trust fund dependent on separate accounting by secretary of treasury. - 61-4-13. Provisions relating to trust fund dependent on separate accounting...
Section 61-4-14 - Transfer to secretary on termination of trust fund or separate accounting. - 61-4-14. Transfer to secretary on termination of trust fund or...
Chapter 05 - Employers' Contributions And Accounts
Section 61-5-1 - Employer subject to title for entire year. - 61-5-1. Employer subject to title for entire year. Any employing...
Section 61-5-3 - Elective coverage of employer--Minimum period of coverage--Notice of termination. - 61-5-3. Elective coverage of employer--Minimum period of coverage--Notice of termination....
Section 61-5-4 - Elective coverage of distinct place of business--Minimum period of coverage--Notice of termination. - 61-5-4. Elective coverage of distinct place of business--Minimum period of...
Section 61-5-5 - Termination of elective coverage on notice by secretary. - 61-5-5. Termination of elective coverage on notice by secretary. The...
Section 61-5-11 - Termination of coverage on application by employer no longer subject to title. - 61-5-11. Termination of coverage on application by employer no longer...
Section 61-5-15 - Termination of coverage on transfer of account to successor in business. - 61-5-15. Termination of coverage on transfer of account to successor...
Section 61-5-17 - Termination of coverage on employer's cessation of business. - 61-5-17. Termination of coverage on employer's cessation of business. The...
Section 61-5-18 - Provisions governing employers' contributions. - 61-5-18. Provisions governing employers' contributions. Contributions to the unemployment compensation...
Section 61-5-23 - Rules establishing method of computing employers' contributions. - 61-5-23. Rules establishing method of computing employers' contributions. The secretary...
Section 61-5-24 - Initial contribution rates for employers--Employer classification--Experience rating. - 61-5-24. Initial contribution rates for employers--Employer classification--Experience rating. An employer...
Section 61-5-25 - Employer's contribution rate--Rate schedule based on average high cost multiplier ratio. - 61-5-25. Employer's contribution rate--Rate schedule based on average high cost...
Section 61-5-25.1 - Employer's reserve ratio for 2007 through 2009. - 61-5-25.1. Employer's reserve ratio for 2007 through 2009. The employer's...
Section 61-5-25.2 - Employer's contribution rates for 2010 through 2014. - 61-5-25.2. Employer's contribution rates for 2010 through 2014. The employer's...
Section 61-5-25.3 - Employer's reserve ratio--Contribution rates for 2015 through 2017. - 61-5-25.3. Employer's reserve ratio--Contribution rates for 2015 through 2017. The...
Section 61-5-25.4 - Employer's reserve ratio--Contribution rates for 2018 through 2019. - 61-5-25.4. Employer's reserve ratio--Contribution rates for 2018 through 2019. The...
Section 61-5-25.5 - Employer's reserve ratio--Contribution rates for 2020 and thereafter. - 61-5-25.5. Employer's reserve ratio--Contribution rates for 2020 and thereafter. The...
Section 61-5-27 - Reduced rate refused for delinquencies. - 61-5-27. Reduced rate refused for delinquencies. The department may refuse...
Section 61-5-28 - Increase in all employers' rates on reduction of amount in the unemployment compensation fund--Application and duration of rate--Amount payable. - 61-5-28. Increase in all employers' rates on reduction of amount...
Section 61-5-28.1 - Administrative fee. - 61-5-28.1. Administrative fee. Each employer eligible for experience-rating as defined...
Section 61-5-29 - Investment fee. - 61-5-29. Investment fee. Employers required by this title to pay...
Section 61-5-29.1 - Employer's investment in state's future fund--Purposes--Expenditures. - 61-5-29.1. Employer's investment in state's future fund--Purposes--Expenditures. There is hereby...
Section 61-5-31 - Interest on negative balance in employer's experience rating account. - 61-5-31. Interest on negative balance in employer's experience rating account....
Section 61-5-32 - Contributions by nonprofit organizations or political subdivisions--Direct payment of benefits in lieu of contributions. - 61-5-32. Contributions by nonprofit organizations or political subdivisions--Direct payment of...
Section 61-5-33 - Rights of appeal under political subdivision coverage. - 61-5-33. Rights of appeal under political subdivision coverage. Both the...
Section 61-5-34 - Voluntary additional contributions credited to employer's account. - 61-5-34. Voluntary additional contributions credited to employer's account. Any employer...
Section 61-5-35 - Contributions paid in accordance with rules. - 61-5-35. Contributions paid in accordance with rules. Contributions for each...
Section 61-5-36 - Deduction of contributions from wages prohibited. - 61-5-36. Deduction of contributions from wages prohibited. No contributions may...
Section 61-5-37 - Contributions credited to experience-rating accounts. - 61-5-37. Contributions credited to experience-rating accounts. The Department of Labor...
Section 61-5-38 - Benefits charged against accounts--Allocation among successive employers in base period. - 61-5-38. Benefits charged against accounts--Allocation among successive employers in base...
Section 61-5-39 - Benefits charged against experience-rating accounts--Events for which account not chargeable--Erroneous payments. - 61-5-39. Benefits charged against experience-rating accounts--Events for which account not...
Section 61-5-40 - Charges to experience-rating accounts not applicable to employers reimbursing benefits. - 61-5-40. Charges to experience-rating accounts not applicable to employers reimbursing...
Section 61-5-41 - Proration among all employer experience-rating accounts of benefits paid but not charged to employer's experience-rating account. - 61-5-41. Proration among all employer experience-rating accounts of benefits paid...
Section 61-5-42 - Succession to experience-rating account on acquisition of business by another--Federal standards to be met. - 61-5-42. Succession to experience-rating account on acquisition of business by...
Section 61-5-43 - Circumstance warranting return of experience-rating accounts to sellers. - 61-5-43. Circumstance warranting return of experience-rating accounts to sellers. Any...
Section 61-5-44 - New experience-rating account established after five years without coverage--Prior balances not considered--Exception. - 61-5-44. New experience-rating account established after five years without coverage--Prior...
Section 61-5-45 - Experience-rating account continued during employer's military service--Reestablishment on resumption of business. - 61-5-45. Experience-rating account continued during employer's military service--Reestablishment on resumption...
Section 61-5-46 - Mandatory transfer of experience-rating account on transfer of business to another--Rate recalculation--Exception. - 61-5-46. Mandatory transfer of experience-rating account on transfer of business...
Section 61-5-47 - Knowing violation or attempted violation of § 61-5-46 related to determining contribution rate assignment as misdemeanor--Additional penalties. - 61-5-47. Knowing violation or attempted violation of §61-5-46 related to...
Section 61-5-48 - Rules to implement application of § 61-5-46. - 61-5-48. Rules to implement application of §61-5-46. The secretary may...
Section 61-5-49 - Definitions applicable to §§ 61-5-46 to 61-5-48. - 61-5-49. Definitions applicable to §§61-5-46 to 61-5-48. Terms used in...
Section 61-5-50 - Interpretation and application of §§ 61-5-46 to 61-5-49 to meet federal standards. - 61-5-50. Interpretation and application of §§61-5-46 to 61-5-49 to meet...
Section 61-5-51 - Waiver of mandatory transfer of experience-rating account--Conditions. - 61-5-51. Waiver of mandatory transfer of experience-rating account--Conditions. The Department...
Section 61-5-52 - Procedures to identify transfer or acquisition of business. - 61-5-52. Procedures to identify transfer or acquisition of business. The...
Section 61-5-53 - Pooled fund maintained by department--Moneys credited. - 61-5-53. Pooled fund maintained by department--Moneys credited. The department shall...
Section 61-5-54 - Violation by employer to reduce benefits or contributions as misdemeanor--Separate offenses. - 61-5-54. Violation by employer to reduce benefits or contributions as...
Section 61-5-55 - Employee's agreement to pay employer's contributions void-- Deduction from wages prohibited--Violation as misdemeanor. - 61-5-55. Employee's agreement to pay employer's contributions void-- Deduction from...
Section 61-5-56 - Adjustment and refund of erroneous contributions. - 61-5-56. Adjustment and refund of erroneous contributions. If, not later...
Section 61-5-57 - Interest on delinquent contributions. - 61-5-57. Interest on delinquent contributions. Any contribution unpaid on the...
Section 61-5-58 - Penalty for failure to timely pay contributions or submit reports. - 61-5-58. Penalty for failure to timely pay contributions or submit...
Section 61-5-59 - Delinquent contributions as lien on employer's property--Attachment and continuation of lien. - 61-5-59. Delinquent contributions as lien on employer's property--Attachment and continuation...
Section 61-5-60 - Notice of lien filed with register of deeds. - 61-5-60. Notice of lien filed with register of deeds. In...
Section 61-5-61 - Book maintained by register of deeds--Contents of lien entry--Endorsement and recording of notice--Exemption from fees. - 61-5-61. Book maintained by register of deeds--Contents of lien entry--Endorsement...
Section 61-5-62 - Distress warrant for collection of contributions--Sale of property and disposition of proceeds--Sheriff's compensation. - 61-5-62. Distress warrant for collection of contributions--Sale of property and...
Section 61-5-63 - Return of uncollectible distress warrant. - 61-5-63. Return of uncollectible distress warrant. If the sheriff is...
Section 61-5-64 - Liability of county officer for failure to issue or execute distress warrant. - 61-5-64. Liability of county officer for failure to issue or...
Section 61-5-65 - Satisfaction of lien recorded on payment of contributions. - 61-5-65. Satisfaction of lien recorded on payment of contributions. Upon...
Section 61-5-66 - Civil action for collection of contributions--Preference on court calendar. - 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. - 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. - 61-5-68. Priority of contribution claims in state insolvency proceedings. In...
Section 61-5-69 - Priority of contribution claims in bankruptcy proceedings. - 61-5-69. Priority of contribution claims in bankruptcy proceedings. In the...
Section 61-5-70 - Cancellation of uncollectible unemployment insurance contributions. - 61-5-70. Cancellation of uncollectible unemployment insurance contributions. If any liability...
Chapter 05A - Reimbursement Of Benefits In Lieu Of Contributions
Section 61-5A-1 - Reimbursement by state of benefits paid--Share of extended benefits. - 61-5A-1. Reimbursement by state of benefits paid--Share of extended benefits....
Section 61-5A-2 - Periodic billing of benefit costs to state--Amount. - 61-5A-2. Periodic billing of benefit costs to state--Amount. Within fifteen...
Section 61-5A-5.1 - Election of political subdivision to make payments in lieu of contributions--Notice of election. - 61-5A-5.1. Election of political subdivision to make payments in lieu...
Section 61-5A-5.2 - Election of political subdivisions becoming subject to title. - 61-5A-5.2. Election of political subdivisions becoming subject to title. Any...
Section 61-5A-6 - Election by nonprofit organization to make payments in lieu of contributions--Minimum period of election. - 61-5A-6. Election by nonprofit organization to make payments in lieu...
Section 61-5A-7 - Election by newly covered nonprofit organization--Time and minimum period of election. - 61-5A-7. Election by newly covered nonprofit organization--Time and minimum period...
Section 61-5A-8 - Continuation of nonprofit organization's or political subdivision's election until terminated. - 61-5A-8. Continuation of nonprofit organization's or political subdivision's election until...
Section 61-5A-9 - Change by nonprofit organization or political subdivision from contribution to reimbursement of benefits--Minimum period of election. - 61-5A-9. Change by nonprofit organization or political subdivision from contribution...
Section 61-5A-9.1 - Nonprofit organization not liable for reimbursed benefits paid to individuals with previously uncovered service. - 61-5A-9.1. Nonprofit organization not liable for reimbursed benefits paid to...
Section 61-5A-10 - Extension of time for election or termination--Retroactive election. - 61-5A-10. Extension of time for election or termination--Retroactive election. The...
Section 61-5A-11 - Notice of department's determinations as to status of nonprofit organization or political subdivision--Reconsideration, appeal, and review. - 61-5A-11. Notice of department's determinations as to status of nonprofit...
Section 61-5A-12 - Surety bond required of organization paying in lieu of contributions. - 61-5A-12. Surety bond required of organization paying in lieu of...
Section 61-5A-13 - Amount of surety bond. - 61-5A-13. Amount of surety bond. The amount of the bond...
Section 61-5A-14 - Duration of surety bond--Renewal. - 61-5A-14. Duration of surety bond--Renewal. Any bond deposited under §61-5A-12...
Section 61-5A-15 - Adjustments in surety bond. - 61-5A-15. Adjustments in surety bond. The department shall require adjustments...
Section 61-5A-16 - Liability of surety on bond on failure of organization to pay. - 61-5A-16. Liability of surety on bond on failure of organization...
Section 61-5A-17 - Termination of election to make payments in lieu of contributions on failure to file bond--Extension of time for filing or adjustment. - 61-5A-17. Termination of election to make payments in lieu of...
Section 61-5A-18 - Amount of payments required in lieu of contributions. - 61-5A-18. Amount of payments required in lieu of contributions. Each...
Section 61-5A-19 - Apportionment of benefits chargeable between employers making contributions and employers making payments in lieu of contributions. - 61-5A-19. Apportionment of benefits chargeable between employers making contributions and...
Section 61-5A-20 - Apportionment of benefits chargeable between employers making payments in lieu of contributions. - 61-5A-20. Apportionment of benefits chargeable between employers making payments in...
Section 61-5A-21 - Group account for employers making payments in lieu of contributions--Duration and termination. - 61-5A-21. Group account for employers making payments in lieu of...
Section 61-5A-22 - Apportionment among group members of payments in lieu of contributions. - 61-5A-22. Apportionment among group members of payments in lieu of...
Section 61-5A-23 - Rules governing group accounts. - 61-5A-23. Rules governing group accounts. The department may promulgate rules...
Section 61-5A-24 - Balance in previous experience-rating account used for benefits chargeable to employer making payments in lieu of contributions. - 61-5A-24. Balance in previous experience-rating account used for benefits chargeable...
Section 61-5A-25 - Method of making payments in lieu of contributions. - 61-5A-25. Method of making payments in lieu of contributions. Payments...
Section 61-5A-26 - Periodic billing of organization, subdivision, or group making payments in lieu of contributions. - 61-5A-26. Periodic billing of organization, subdivision, or group making payments...
Section 61-5A-27 - Request for permission to make payment in lieu of contributions on basis of percentage of payroll. - 61-5A-27. Request for permission to make payment in lieu of...
Section 61-5A-28 - Periodic billing for payments in lieu of contributions based on payroll--Percentages applied. - 61-5A-28. Periodic billing for payments in lieu of contributions based...
Section 61-5A-29 - Annual adjustment of payroll percentages to minimize excess or insufficient payments. - 61-5A-29. Annual adjustment of payroll percentages to minimize excess or...
Section 61-5A-30 - Redetermination of amount of payments billed to organization. - 61-5A-30. Redetermination of amount of payments billed to organization. The...
Section 61-5A-31 - Time of payment of bill for payments in lieu of contributions. - 61-5A-31. Time of payment of bill for payments in lieu...
Section 61-5A-32 - Annual adjustment of payments in lieu of contributions--Payment of deficiency--Refund or retention of excess. - 61-5A-32. Annual adjustment of payments in lieu of contributions--Payment of...
Section 61-5A-33 - Interest and penalties on past due payments in lieu of contributions. - 61-5A-33. Interest and penalties on past due payments in lieu...
Section 61-5A-34 - Payments in lieu of contributions not to be deducted from wages. - 61-5A-34. Payments in lieu of contributions not to be deducted...
Chapter 06 - Reemployment Assistance Benefits
Section 61-6-1 - Requirements for eligibility for benefits during week. - 61-6-1. Requirements for eligibility for benefits during week. An unemployed...
Section 61-6-2 - Computation of weekly benefit amount. - 61-6-2. Computation of weekly benefit amount. An individual's weekly benefit...
Section 61-6-4 - Minimum base period and highest quarter wages required for benefits. - 61-6-4. Minimum base period and highest quarter wages required for...
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...
Section 61-6-6 - Eligibility requirements for waiting period. - 61-6-6. Eligibility requirements for waiting period. No week may be...
Section 61-6-7 - Wages for insured work. - 61-6-7. Wages for insured work. For the purpose of subdivision...
Section 61-6-8 - Maximum benefit amount based on base period wages--Trade readjustment payments. - 61-6-8. Maximum benefit amount based on base period wages--Trade readjustment...
Section 61-6-9 - Voluntary separation without good cause--Additional claims during benefit year--Trade readjustment payments. - 61-6-9. Voluntary separation without good cause--Additional claims during benefit year--Trade...
Section 61-6-9.1 - Good cause for voluntarily leaving employment restricted to certain situations. - 61-6-9.1. Good cause for voluntarily leaving employment restricted to certain...
Section 61-6-13 - Benefits denied to persons employed while incarcerated--Reemployment. - 61-6-13. Benefits denied to persons employed while incarcerated--Reemployment. An unemployed...
Section 61-6-14 - Separation for misconduct--Additional claims during benefit year. - 61-6-14. Separation for misconduct--Additional claims during benefit year. An unemployed...
Section 61-6-14.1 - Misconduct defined. - 61-6-14.1. Misconduct defined. As used in this chapter, misconduct is:...
Section 61-6-15 - Benefits not payable for unemployment due to labor dispute--Exceptions. - 61-6-15. Benefits not payable for unemployment due to labor dispute--Exceptions....
Section 61-6-16 - Failure to seek or accept suitable employment. - 61-6-16. Failure to seek or accept suitable employment. If the...
Section 61-6-17 - Factors considered in determining suitability of offered employment. - 61-6-17. Factors considered in determining suitability of offered employment. In...
Section 61-6-19 - Work deemed unsuitable due to labor dispute, unfavorable working conditions, or requirement as to union membership. - 61-6-19. Work deemed unsuitable due to labor dispute, unfavorable working...
Section 61-6-20 - Student may not receive benefits. - 61-6-20. Student may not receive benefits. A person attending a...
Section 61-6-21 - Benefits payable to individual in approved training program--Rules establishing conditions for approval of training. - 61-6-21. Benefits payable to individual in approved training program--Rules establishing...
Section 61-6-23 - Benefits for individuals seeking only part-time work. - 61-6-23. Benefits for individuals seeking only part-time work. No individual...
Section 61-6-24 - Benefits based on employment by state or instrumentalities or by religious, charitable, or educational organization--Exception. - 61-6-24. Benefits based on employment by state or instrumentalities or...
Section 61-6-25 - Benefits not paid employees of educational institutions for services between successive academic years--Grounds for retroactive payments. - 61-6-25. Benefits not paid employees of educational institutions for services...
Section 61-6-26 - Benefits not paid for established vacation period or holiday recess preceded and followed by insured work. - 61-6-26. Benefits not paid for established vacation period or holiday...
Section 61-6-28 - Application of provisions as to periods between academic years, sabbatical leaves, and vacation and holiday periods to certain employment. - 61-6-28. Application of provisions as to periods between academic years,...
Section 61-6-29 - Employee working for an employer under contract with a public or private school. - 61-6-29. Employee working for an employer under contract with a...
Section 61-6-30 - Benefits not paid for participation in sports or athletic events between successive seasons. - 61-6-30. Benefits not paid for participation in sports or athletic...
Section 61-6-33 - Federal school employees not disqualified. - 61-6-33. Federal school employees not disqualified. The exception in §§61-6-24...
Section 61-6-34 - Benefits not paid to aliens--Exceptions--Determination of alien status. - 61-6-34. Benefits not paid to aliens--Exceptions--Determination of alien status. No...
Section 61-6-35 - Benefits not payable for week in which other compensation received. - 61-6-35. Benefits not payable for week in which other compensation...
Section 61-6-36 - Benefits prohibited in more than one benefit year as the result of one separation from work. - 61-6-36. Benefits prohibited in more than one benefit year as...
Section 61-6-37 - Benefits not payable when benefits sought under other unemployment compensation law--Determination of ineligibility under other law. - 61-6-37. Benefits not payable when benefits sought under other unemployment...
Section 61-6-38 - Misrepresentation to increase benefits unlawful. - 61-6-38. Misrepresentation to increase benefits unlawful. It is unlawful for...
Section 61-6-39 - Denial of benefits from discovery of misrepresentation--Penalties. - 61-6-39. Denial of benefits from discovery of misrepresentation--Penalties. Any individual...
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. - 61-6-40. Obtaining or attempting to obtain benefits by misrepresentation as...
Section 61-6-41 - Deduction or repayment of overpayments. - 61-6-41. Deduction or repayment of overpayments. An individual who was...
Section 61-6-42 - Waiver of right to recover overpayment. - 61-6-42. Waiver of right to recover overpayment. The Department of...
Section 61-6-43 - Collection or deduction of overpayments by another state. - 61-6-43. Collection or deduction of overpayments by another state. If...
Section 61-6-44 - Interest on benefit not repaid--Interest paid into employment security contingency fund. - 61-6-44. Interest on benefit not repaid--Interest paid into employment security...
Section 61-6-45 - Cancellation of uncollectible overpayments. - 61-6-45. Cancellation of uncollectible overpayments. If benefit sums paid remain...
Section 61-6-46 - Benefits restricted to amount in the unemployment compensation fund. - 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. - 61-6-47. Waiver of rights and benefits prohibited--Violation as misdemeanor. No...
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. - 61-6-48. Assignment of benefits void--Exemption from process--Waiver of exemption void--Information...
Section 61-6-49 - Extended benefits--Definition of terms. - 61-6-49. Extended benefits--Definition of terms. Terms used in §§61-6-50 to...
Section 61-6-50 - Computation of unemployment rate to follow federal regulations. - 61-6-50. Computation of unemployment rate to follow federal regulations. Computations...
Section 61-6-51 - Determination of state "on" indicator. - 61-6-51. Determination of state "on" indicator. With respect to compensation...
Section 61-6-52 - Determination of state "off" indicator. - 61-6-52. Determination of state "off" indicator. With respect to compensation...
Section 61-6-53 - Minimum period between extended benefit periods. - 61-6-53. Minimum period between extended benefit periods. No extended benefits...
Section 61-6-54 - Public announcement of commencement or termination of extended benefit period. - 61-6-54. Public announcement of commencement or termination of extended benefit...
Section 61-6-55 - Extended benefits limited to exhaustees--Eligibility for regular benefits. - 61-6-55. Extended benefits limited to exhaustees--Eligibility for regular benefits. An...
Section 61-6-56 - Exhaustee defined. - 61-6-56. Exhaustee defined. The term, exhaustee, under the provisions of...
Section 61-6-57 - Qualification for extended benefits despite receipt of more payments after appeal--Seasonal workers--Disqualified applicants for regular benefits. - 61-6-57. Qualification for extended benefits despite receipt of more payments...
Section 61-6-58 - Qualification for extended benefits on termination of regular benefit year. - 61-6-58. Qualification for extended benefits on termination of regular benefit...
Section 61-6-59 - Applicable benefit year defined. - 61-6-59. Applicable benefit year defined. The term, applicable benefit year,...
Section 61-6-60 - Amount of weekly extended benefit--Reduction. - 61-6-60. Amount of weekly extended benefit--Reduction. The weekly extended benefit...
Section 61-6-61 - Maximum extended benefits payable in year--Reduction of total extended benefit amount. - 61-6-61. Maximum extended benefits payable in year--Reduction of total extended...
Section 61-6-62 - Extended benefits not chargeable to employer. - 61-6-62. Extended benefits not chargeable to employer. No benefits payable...
Section 61-6-63 - Claims for and payment of extended benefits. - 61-6-63. Claims for and payment of extended benefits. Except when...
Section 61-6-64 - Administration of extended benefits to conform to federal requirements. - 61-6-64. Administration of extended benefits to conform to federal requirements....
Section 61-6-65 - Interstate claims--Eligibility for extended benefits. - 61-6-65. Interstate claims--Eligibility for extended benefits. No extended benefits are...
Section 61-6-66 - Disqualification for extended benefits on failure to seek or accept suitable work--Exception. - 61-6-66. Disqualification for extended benefits on failure to seek or...
Section 61-6-67 - Voluntary withholding of federal income tax from benefit payments. - 61-6-67. Voluntary withholding of federal income tax from benefit payments....
Section 61-6-68 - Reemployment assistance eligibility integrity. - 61-6-68. Reemployment assistance eligibility integrity. Each month, the Department of...
Chapter 06A - Tribal Unemployment Insurance
Section 61-6A-1 - Employer, tribal unit defined. - 61-6A-1. Employer, tribal unit defined. For the purposes of §§61-6A-1...
Section 61-6A-2 - Employment defined. - 61-6A-2. Employment defined. For the purposes of §§61-6A-1 to 61-6A-14,...
Section 61-6A-3 - Service-based benefits--Exceptions. - 61-6A-3. Service-based benefits--Exceptions. Benefits based on service in employment defined...
Section 61-6A-4 - Tribal contributions--Exception. - 61-6A-4. Tribal contributions--Exception. Each Indian tribe or tribal unit subject...
Section 61-6A-5 - Payments in lieu of contributions. - 61-6A-5. Payments in lieu of contributions. Each Indian tribe electing...
Section 61-6A-6 - Billing for payments. - 61-6A-6. Billing for payments. Each Indian tribe or tribal unit...
Section 61-6A-7 - Liability for payments--Bond or deposit required. - 61-6A-7. Liability for payments--Bond or deposit required. At the discretion...
Section 61-6A-8 - Failure to make payment--Loss of option. - 61-6A-8. Failure to make payment--Loss of option. If any Indian...
Section 61-6A-9 - Reinstatement of option. - 61-6A-9. Reinstatement of option. Any Indian tribe that loses the...
Section 61-6A-10 - Exception from definition of employer. - 61-6A-10. Exception from definition of employer. If any Indian tribe...
Section 61-6A-11 - Reinstatement as employer. - 61-6A-11. Reinstatement as employer. If any Indian tribe or tribal...
Section 61-6A-12 - Notice of payment or report of delinquency--Contents. - 61-6A-12. Notice of payment or report of delinquency--Contents. Any notice...
Section 61-6A-13 - Extended benefits to be financed by tribe. - 61-6A-13. Extended benefits to be financed by tribe. Extended benefits...
Section 61-6A-14 - Failure to make payments--Notification of Internal Revenue Service and Department of Labor. - 61-6A-14. Failure to make payments--Notification of Internal Revenue Service and...
Chapter 07 - Claims Administration
Section 61-7-1 - Rules for filing of claims--Posting by employers--Statement furnished at time of unemployment. - 61-7-1. Rules for filing of claims--Posting by employers--Statement furnished at...
Section 61-7-2 - Determination of claim by benefit section--Reference to appeal referee or secretary. - 61-7-2. Determination of claim by benefit section--Reference to appeal referee...
Section 61-7-3 - Notice to claimant and employers of decision by benefit section--Contents of notice. - 61-7-3. Notice to claimant and employers of decision by benefit...
Section 61-7-4 - Adjusted determination by benefit section. - 61-7-4. Adjusted determination by benefit section. The benefit section may,...
Section 61-7-5 - Initial determination final unless appealed--Payment of benefits in accordance with determination being appealed. - 61-7-5. Initial determination final unless appealed--Payment of benefits in accordance...
Section 61-7-6 - Appointment of appeals referees--Interest in proceedings prohibited. - 61-7-6. Appointment of appeals referees--Interest in proceedings prohibited. The department...
Section 61-7-7 - Transfer of appeal before referee. - 61-7-7. Transfer of appeal before referee. The secretary may remove...
Section 61-7-8 - Rules for hearings and appeals. - 61-7-8. Rules for hearings and appeals. The manner in which...
Section 61-7-9 - Witness fees--Expense of proceedings as administration expense. - 61-7-9. Witness fees--Expense of proceedings as administration expense. Witnesses subpoenaed...
Section 61-7-10 - Decision by appeal referee--Notice to parties--Final unless appealed. - 61-7-10. Decision by appeal referee--Notice to parties--Final unless appealed. Unless...
Section 61-7-10.1 - Payment of benefits in accordance with determination being appealed--Effect of modification or reversal. - 61-7-10.1. Payment of benefits in accordance with determination being appealed--Effect...
Section 61-7-12 - Action by secretary on own motion or appeal--Notice to parties--Final decision of department. - 61-7-12. Action by secretary on own motion or appeal--Notice to...
Section 61-7-13 - Department as party to judicial action--Representation of department in appeal. - 61-7-13. Department as party to judicial action--Representation of department in...
Section 61-7-14 - Appeal of department's final decision--No bond required. - 61-7-14. Appeal of department's final decision--No bond required. A final...
Section 61-7-21 - Fees not chargeable to claimant--Violation as misdemeanor. - 61-7-21. Fees not chargeable to claimant--Violation as misdemeanor. No individual...
Section 61-7-22 - Claimant's right to counsel--Maximum attorney fee--Employer's representation--Department's representation. - 61-7-22. Claimant's right to counsel--Maximum attorney fee--Employer's representation--Department's representation. Any...
Section 61-7-24 - Findings, conclusions, and decisions not admissible as evidence in separate or subsequent actions or proceedings. - 61-7-24. Findings, conclusions, and decisions not admissible as evidence in...