US Lawyer Database

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 compensation law–Determination of ineligibility under other law. An individual is not entitled to any benefits for any week with respect to which or a part of which the individual has received or is seeking reemployment assistance under a reemployment assistance or unemployment compensation law of […]

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

61-6-38. Misrepresentation to increase benefits unlawful. It is unlawful for any person to make a false statement or representation knowing it to be false or knowingly fail to disclose a material fact to obtain or increase any benefits or other payments under this title, or under an unemployment insurance law of another state, of the […]

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 who has willfully or fraudulently misrepresented any fact to secure or increase benefits under this title shall be denied benefits for weeks of otherwise compensable unemployment, as defined in this chapter from and after the date such misrepresentation or fraudulent act is discovered in accordance […]

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 misdemeanor or felony–Aggregation of benefits obtained to determine degree of offense. A person who attempts to obtain benefits or payments in violation of §61-6-38, but does not obtain any benefits or payments, or a person who violates §61-6-38 and obtains benefits or payments in an […]

Section 61-6-41 – Deduction or repayment of overpayments.

61-6-41. Deduction or repayment of overpayments. An individual who was paid any amount as benefits under this title to which the individual is not entitled is liable for repayment of the amount overpaid, or for the amount received in the event of misrepresentation, unless recovery of the overpayment is waived as provided in §61-6-42. The […]

Section 61-6-33 – Federal school employees not disqualified.

61-6-33. Federal school employees not disqualified. The exception in §§61-6-24 and 61-6-25 that disqualifies an individual because the individual performs services in an educational institution does not disqualify an individual who is in the employ of an elementary or secondary school operated by the federal government or an agency of the federal government. Source: SL […]

Section 61-6-17 – Factors considered in determining suitability of offered employment.

61-6-17. Factors considered in determining suitability of offered employment. In determining whether or not any work is suitable for an individual, the department shall consider the degree of risk involved to the individual’s health, safety, and morals, the individual’s physical fitness and prior training, the individual’s experience and prior earnings, the individual’s length of unemployment […]

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 conditions, or requirement as to union membership. Notwithstanding any other provisions of this title, no work is deemed suitable and no benefits may be denied under this title to any otherwise eligible individual for refusing to accept new work under any of the following conditions: […]

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

61-6-20. Student may not receive benefits. A person attending a high school, vocational school, college or university is considered principally occupied as a student if school attendance substantially reduces the opportunity for reemployment. A person who is principally occupied as a student may not receive reemployment assistance benefits. Source: SL 1983, ch 22, §19; SDCL […]