Department of Labor and Regulation

Unemployment Insurance

Unemployment Insurance Benefits - Facts About

The following information is from the Facts About Unemployment Insurance booklet (available here in Adobe .pdf format*) (sometimes referred to as the PAM-247 booklet). The booklet is also available in printed form from the South Dakota Department of Labor and Regulation at the address below, or from one of its local offices.

Unemployment Insurance Division - Benefit Section
South Dakota Department of Labor and Regulation
P.O. Box 4730
Aberdeen, SD 57402-4730
Phone: 605.626.2452
Fax: 605.626.3172
email

Introduction
Eligibility for Benefits
Weekly Certification Filing

Filing by Internet
Filing by Telephone
System Availability
The Claim Week
Information Needed Before Filing
Weeks Claimed Information

Eligibility Requirements

Maintaining Eligibility
Being Able to Work
Being Available for Work
Looking for Work
Using your local South Dakota Department of Labor and Regulation office or other
employment agencies as contacts

Looking for Work and Working Part-time
Keeping a Work Search Record
Leaving the Area to Look for Work
Reopening a Claim
Change of Address
DLR Services
Eligibility and School

Deductions from Benefits

Working Part of the Week
Reopening Your Claim After a Job Ends
Reporting Self-employment Earnings/Expenses
Reporting Pay for Vacation, Severance, Sick Leave, Pensions, etc.
Pension Payments

Wage Requirements/Benefits Amounts

Determining Your Base Period
Determining Your Weekly and Maximum Benefits
Receiving a Monetary Determination
Seasonal Wages
Disagreeing with a Monetary Determination
Wages from Other States
Interstate Claims
Using Federal Employment
Filing Ex-military Claims

Disqualifying Conditions

Quitting or Being Discharged from a Job
Refusing a Job or a Referral to a Job

Filing Appeals

Overpayments

Misrepresentation/Fraud

Penalties for Misrepresentation (Fraud)
Definition and Examples

Trade Adjustment Assistance

Quality Control Program

Disclosing Personal Information

Income Tax Notice

For More Information

Warning Notice

Forms

Weekly Certification Payment Record
Employer Contacts Record
Change of Claimant Name and Address Form

Introduction

This online guide provides information about your rights and responsibilities while filing a claim for unemployment insurance benefits. It may not cover all situations or answer all your questions. If you need more information, contact the Benefit Section of the South Dakota Department of Labor and Regulation at 605.626.2452.

Unemployment insurance provides financial assistance for people who have lost their jobs through no fault of their own until they find other employment. You must be able to work, available for work and actively seeking work to be eligible for unemployment insurance benefits.

Unemployment insurance is financed entirely by a tax on payrolls paid by employers. To qualify for benefits, you must have worked for an employer who was required to pay the tax. South Dakota workers do not contribute to this plan. No deductions are ever made from your paychecks for unemployment insurance.

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Eligibility for Benefits

To receive unemployment insurance benefits, you must:

  • File an application for benefits.
  • Be totally or partially unemployed.
  • Have worked at a job where your employer paid unemployment insurance tax on your wages.
  • Lost your last job through no fault of your own.
  • Earned a certain amount of wages in the last 15 to 18 months.
  • Be registered with the South Dakota Department of Labor and Regulation through SDWorks or your designated state workforce agency, unless exempted.
  • Be able to work, available for work and actively seeking work by making personal contact with employers.
  • Be willing to accept suitable work when offered and apply for suitable work when directed to do so by a local South Dakota Department of Labor and Regulation office. You are being directed to apply for suitable work when referred by your local South Dakota Department of Labor and Regulation office. If you refuse a referral or fail to apply for a job when referred, you may be disqualified from receiving benefits.

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Weekly Certification Filing

You must file a weekly certification each week you are applying for benefits. This certification can be filed online at www.sd.uiclaims.com and click on "file a weekly certification" or by calling 605.626.3212.

Filing by Internet

The Internet site allows you to use any computer with Internet Explorer 5.0 or newer to file your weekly Unemployment Insurance Benefits Certification. You must file a weekly certification via the Internet at www.sd.uiclaims.com. A user ID and password will be required to access this website. Establishing this user ID and password will also give you access to search for employment on the SDWORKS website.

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Filing by Telephone

The Interactive Voice Response (IVR) system is an automated voice system that allows you to use a touch-tone telephone, or voice response, to file your weekly Unemployment Insurance Benefit Certification. When filing your weekly certification by telephone, use the number 605.626.3212. Be sure your telephone is set on "tone," not "pulse."

You will need a Personal Identification Number (PIN) when using the telephone system. You will establish this PIN number when you file your first weekly certification. Your PIN is a four-digit number you have chosen. You may use any combination except 0000. It should be a number you can easily remember, but no one else can guess. Please have a four-digit number in mind when you make your first certification by telephone. Do not give your pin out. No one but you should know your pin. Your PIN is your electronic signature and has the same authority as if you had signed a paper document.

To change your PIN, you must contact the Benefit Section at 605.626.2452 during normal business hours. You will be required to provide key information regarding yourself and your claim before you can select a new PIN.

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System Availability

You may file your continued weekly certification anytime, 24 hours a day, seven days a week. All weekly certifications submitted through the Internet or Interactive Voice Response (IVR) system are recorded at Central Standard Time. If for any reason the system is not available due to routine maintenance and processing of unemployment payments, you will receive a message the system is unavailable. Please wait approximately two hours before attempting to reenter your weekly certification.

Remember: Claim weeks always start on Sunday at midnight (Central Time) and end on Saturday at 11:59 p.m. (Central Time). You cannot file your weekly certification until after that week has ended. For example: If you are claiming benefits for the week that ends on Saturday, October 20, you must wait until midnight (Central Time) on Sunday, October 21, before filing your weekly certification. You only have seven days from the end of the claim week to file your weekly certification. For example: If you are claiming benefits for the week that ends on Saturday, October 20, you have only until 11:59 p.m. (Central Time) on Saturday, October 27, to file that weekly certification through the Internet or IVR system. If you do not file within that one week period of time, you may be found ineligible for benefits for that week.

If you do not get your weekly certification filed within the one week filing time, you will need to call the Benefit Section at 605.626.2452. This "late-filed" claim may or may not be paid depending on the reasons for it being filed late.

If you are filing through the Internet, you must receive confirmation that your certification has been accepted. If you log off prior to receiving that confirmation, your certification has not been filed. If this happens, you may re-file your weekly certification through the Internet so long as it is filed within seven days of the end of the week you are claiming.

If you are filing through the IVR, wait until you hear that your certification has been recorded. If you do not hear that confirmation, your certification has NOT been filed. If this happens, you may refile your weekly certification through the IVR so long as it is filed within seven days of the end of the week you are claiming.

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The Claim Week

Weekly certifications cover a calendar week beginning 12 Midnight on Sunday and ending at 11:59 p.m. the following Saturday.

Sunday Monday Tuesday Wednesday Thursday Friday Saturday
- - - - - - - - - - - - - - - - - - - - - Claim Week - - - - - - - - - - - - - - - - - - - -

The first eligible weekly certification you enter through the Internet or call in through the Interactive Voice Response (IVR) system will be a waiting period week. You will not be paid for the waiting period week, but you must file a certification for that week. Everyone serves one waiting week per benefit year.

Information Needed Before Filing a Weekly Certification

Your user ID and password will be required when filing through the Internet. Your Social Security number and personal identification number (PIN) will be required when filing through the IVR system.

You must report all hours worked and wages earned during the claim week, including self-employment even though you have not yet been paid. If you worked for more than one employer, please combine your hours and earnings before filing your weekly certification. Refer to the following example:

Hourly Rate Total Hours Worked Hourly Rate Total Wages
ABC Inc. 4.0 $6.00 $24.00
XYZ Inc. 7.9 $7.00 $55.30
Totals 11.9*   $79.30*

*Report these totals.

You must report all holiday pay, vacation pay, annual leave, sick pay, severance pay, and wages in lieu of notice. Please gather this information before submitting your weekly certification.

When entering hours and dollar amounts through the Interactive Voice Response (IVR) system, please use the star key (*) as your decimal point and end your entry with the pound sign (#). For example, 11.9 hours would be 11*9# and $79.30 would be 79*30#.

You are required to keep a written record of job contacts using the Employer Contacts form (available in Adobe .pdf format*) or on pages 20-24 of the Facts About Unemployment Insurance book (available here in Adobe .pdf format*). You will be required to provide information on job contacts through the Internet or telephone each week. You must still keep a written record.

Please remember it is your responsibility to keep a detailed record of your work search.

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Weeks Claimed Information

First payment on an initial claim will be made three to four weeks from the day the claim was filed.

Information regarding the status of your weekly certification is available 24 hours a day seven days a week and can be accessed online through the South Dakota Unemployment Insurance website at www.sd.uiclaims.com or by telephone at 605.626.3212.

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Eligibility Requirements

The first valid weekly certification after filing a new claim is called a non paid waiting week. You will not be paid for the waiting period week; however, you must file a certification for that week and make job contacts if required to do so. Benefits are paid for the next valid weekly certification. Note: You will not get credit for serving the waiting period week unless a weekly certification is filed for it.

Maintaining Eligibility

You must file a weekly certification.

You must be either totally or partially unemployed.

You must be able to work and be willing to accept suitable work at the going wage in the area where you live.

If you are required to look for work, you must make a reasonable effort to find work on your own.

You must follow the reporting requirements as given to you by the local South Dakota Department of Labor and Regulation office.

You must be physically able to work and available for work.

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Being Able to Work

To be able to work you must be:

  • physically able to work in your usual occupation or in other work for which you are reasonably qualified.
  • physically able to work the majority of the week (more than three days). If you were physically unable to work the major portion of any week, you will be ineligible for benefits for that week.

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Being Available for Work

Even if you are able to work, you are not considered a member of the labor force unless you are also "willing" to work.

You must be available for full-time work. There may be an exception for an individual who earned wages working part-time during the base period.

There must be no personal reasons preventing you from accepting a job (caring for children, lack of transportation, vacation, etc.).

You must not place restrictions on the work you will accept so that the job you want is practically non-existent.

You must be willing to do work for which you are qualified by education and experience and for which there are prospects in your area.

If you work in an occupation where different shifts are common, you must be available to work either day or night shift unless you have compelling personal reasons for not working a particular shift.

You must accept the going wage in your area. You cannot hold out for your last wage.

If you have an established working relationship with an employer, such as a temporary employment service or a firm that provides employees the option of accepting any available work, you must be willing to accept work or take positive steps to accept suitable work which you reasonably know is available with an employer.

This is not intended to be an all inclusive list. For help, call the Benefit Section at 605.626.2452.

Your availability is questioned if you travel, are on vacation, care for relatives or others, are on a leave of absence, or are attending school or college.

All individuals filing for unemployment insurance benefits are required to be registered for work with the South Dakota Department of Labor and Regulation or designated state workforce agency and to seek work unless:

You have a definite recall date to return to full-time work with an employer that paid 50 percent or more of your base period wages and, due to weather-related seasonal factors, work is not available in your primary base-period occupation and other suitable work is not available, or

You are a member in good standing with a referring union through which you normally obtain employment, or

You will be recalled to full-time work within ten consecutive weeks by an employer.

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Looking for Work

Do I have to look for work? Yes. Unless you are exempted from work search, you must actively seek work while receiving benefits, starting the week you file your claim. An active work search includes the following:

Your work search must be a reasonable and honest effort to find work. Contacts with close relatives and spouses are generally not considered reasonable. It is required to contact employers in the normal and customary manner. Submitting an application in person is the normal and customary manner of contacting an employer, unless the employer requires an application by some other method, such as online or by submitting a resume.

You must be willing to accept the going wage in your area for the job or occupation in which you have the most experience or training. If there is no work or limited opportunities for you in your usual job, then you must be available for work you are capable of doing at the going wage for that type of work.

Under most circumstances, you are required to make a minimum of two job contacts in each week you are requesting benefits. This includes the waiting period week. These contacts should be made using a method accepted by the employer. You are required to make a reasonable attempt to find and secure employment. Contacts by telephone are not valid unless the employer directs you that the application is made by telephone.

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Using Your Local South Dakota Department of Labor and Regulation Office or Other Employment Agencies as Contacts

Can I use my local South Dakota Department of Labor and Regulation office or other employment agencies as my contacts? No. Contacting your local South Dakota Department of Labor and Regulation office or other employment agencies cannot be used to satisfy the requirement of making two job contacts each week.

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Looking for Work and Working Part-time

Do I have to look for work if I worked part of the week? Yes. If you work part of a week, you still must make an active search for work to claim partial benefits. See information on working part of the week for help on reporting your work and earnings.

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Keeping a Work Search Record

The Employer Contact form (available in Adobe .pdf format*), also found in the back of the Facts About Unemployment Insurance booklet (available here in Adobe .pdf format*), are the written record of your effort to find work. You will be required to provide information on job contacts through the Internet or telephone each week. You must still keep a complete written record of all your job contacts in this book. Do not throw your employer contact sheets away after you return to work or discontinue filing weekly certifications. You may be required to produce them up to two months after you file your last weekly certification.

If we are unable to verify at least 2 job contacts for the week, you may be overpaid.

Failure to make two different job contacts per week and not fully completing the contact sheets will cause the denial of benefits and may result in an overpayment which you will be required to repay.

If you misrepresent any fact concerning work search, you may be denied benefits for four weeks for each week of misrepresentation. Specifically, if you falsify job contacts or dates of contacts, you may be subject to the penalty.

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Leaving the Area to Look for Work

If your job seeking requires more than two weeks, you must reopen your claim immediately at www.sd.uiclaims.com or by calling 605.626.3179. If you do not reopen, you may lose benefits. You must register with the designated state workforce agency serving the area, such as the labor office, job service, workforce development, etc.

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Reopening a Claim

You must reopen your claim under the following circumstances:

If you return to work and then separate from that employment, you must reopen the claim to re-establish your eligibility after any length of employment even if it is for one day or less. (You must reopen the claim immediately following the separation from employment or you may lose benefits.)

If you have not filed any weekly certifications for a period of four or more weeks you must reopen your claim.

If you change your address as a result of moving outside of South Dakota or moving back to South Dakota.

A claim filed on a Sunday is effective that Sunday, and a claim filed on Monday through Saturday is effective on the Sunday preceding the date the claim was filed. If you do not file the claim within the week for which you wish to receive benefits, you may lose those benefits. You may reopen online at www.sd.uiclaims.com or by contacting the Call Center 605.626.3179.

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Change of Address

Our mail cannot be forwarded to a new address by the post office, so you must contact us with your new address immediately.

You may complete the claimant change of name and address form (available in Adobe .pdf format*), which is also located on page 25 of the Facts About Unemployment Insurance book (available here in Adobe .pdf format*). You may also change your address online at www.sd.uiclaims.com or by calling 605.626.3179. If you do not contact us about your address change immediately, you may lose benefits.

If you are moving from South Dakota to another state, you must register for work with the state workforce agency in the state in which you moved to. Registration must be within 14 days of moving.

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DLR Services

You are required to report to all DLR services, such as Job Search Assistance Programs (JSAP), Re-Employment Services (RES), Re-Employment and Eligibility Assessment (REA), and Re-Employment Intensive Services (RIS) as scheduled. If you fail to attend, your benefits will stop until you report to your local Department of Labor and Regulation office and reopen your claim. Weekly certifications filed after a missed scheduled service or other request may not be paid.

If you are unable to report for your JSAP, RES, REA, RIS or other request, notify your local South Dakota Department of Labor and Regulation office before the date of your interview or appointment to reschedule.

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Eligibility and School

Can I go to school and still be eligible? "Approved Training" status may be granted if there are few reasonable employment opportunities you qualify for based on your current training and education. Reasonable employment opportunities must exist for training you have chosen.

Training may include courses offered at colleges, technical institutes, or other institutions; but the training must be completed within 24 months. You would not be eligible for approved training if you are disqualified based on the separation from your most recent job.

If you are granted "Approved Training" status, you may be eligible to receive unemployment insurance benefits and not be required to look for work. Approved training status does not extend the length of benefits.

If you are attending school part time, you may still qualify for benefits provided you meet all the eligibility requirements of the law, including being available for work.

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Deductions from Benefits

Working Part of the Week

Can I work part of the week and still be eligible for benefits? Yes. If you are still seeking full-time work, your earnings do not exceed your weekly benefit amount, and you worked less than 40 hours for the week, you may be eligible for partial benefits. You must report your hours and gross earnings on your weekly certification. Earnings will reduce your benefits.

You will not be eligible for benefits if your gross earnings are equal to or more than your weekly benefit amount.

You will not be eligible for benefits if you worked 40 hours or more regardless of the amount of earnings.

To prevent an overpayment, which you will be required to pay back, you must report your earnings accurately.

To report accurately, you must:

Report all your work and earnings, including any tips, in the week you actually do the work, even though you may not have been paid yet.

Report total gross earnings (before deductions for federal taxes, Social Security taxes, insurance premiums, etc.). Gross earnings are calculated by multiplying your hourly wage times the number of hours you worked (to the nearest tenth of an hour) during the claim week.

Report the reasonable cash value of goods (lodging, food, bill paid, etc.) received instead of wages.

For help, call the Benefit Section at 605.626.2452. Earnings which must be reported also include things such as: fees received by directors of a corporation, fees or payments paid to public officials, or bonuses.

This description of earnings is not intended to be all inclusive.

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Reopening Your Claim After a Job Ends

If at any time during your benefit year you return to work and then separate from the job, you must reopen your claim either on the Internet at www.sd.uiclaims.com or by contacting the Call Center at 605.626.3179.

You must reopen your claim to reestablish your eligibility for benefits after any length of employment ends, even one day or less.

A Claim filed on a Sunday is effective that Sunday, and a claim filed on Monday through Saturday is effective on the Sunday preceding the date the claim was filed. You will lose benefits if you do not contact the Call Center or file on the Internet and reopen your claim immediately after you separate from employment.

Your eligibility for benefits will be based on the reason you separated from the employment.

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Reporting Self-employment Earnings/Expenses

You must report on a weekly basis any hours and, in some cases, earnings from self-employment regardless of when payment is received.

To be self-employed means earning income directly from your own business, trade, profession or service rather than as wages or earnings from an employer. The fact that your business has no taxable income, or even a loss, does not mean hours or earnings do not need to be reported. For help, call the Benefit Section at 605.626.2452.

If you do sales work on a commission basis, the hours you work each week, as well as your gross earnings, must be reported. If you work full time, you will be considered fully employed and not eligible for benefits.

Report your earnings. Net income after reasonable business expenses will be deducted from your benefits if you provide an explanation of your expenses on the form provided by the Division. Expenses must be reported within the week they are incurred. Common business expenses which are considered reasonable include the cost of products purchased, cost of postage, cost of supplies, and automobile mileage. Other expenses may be deducted if they are reasonable business expenses.

To prevent an overpayment which you would be required to pay back, you must accurately report your self-employment hours and earnings. If you have any questions, contact the Benefit Section at 605.626.2452.

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Reporting Pay for Vacation, Severance, Sick Leave, Pensions, etc.

Are things like vacation pay and severance pay deductible from my benefits? Yes. Other payments you may receive are deducted on a dollar-for-dollar basis from your benefits and must be reported on your weekly certification.

Payments which are deductible include:

  • Vacation Pay
  • Annual Leave Pay
  • Holiday Pay
  • Sick Leave Pay
  • Termination Pay
  • Dismissal Pay
  • Wages in Lieu of Notice
  • Severance Pay
  • Back Pay

Compensation for temporary partial disability under the workers' compensation law of any state or under a similar law of the federal government is also deductible.

Benefits are postponed based on the number of weeks the payment represents, beginning with the last day you worked regardless of when the payment was received. If the payment is less than your weekly benefit amount, you will receive partial benefits.

Examples:

  • You receive two weeks of vacation pay when you leave your employment. If you filed your claim immediately after you separated, benefits would be postponed for the first two weeks of your claim.
  • You receive two days vacation pay for a gross amount of $84 when you leave your employment. You reopen a claim you filed previously and are eligible for benefits of $154. You would be paid $70 in benefits for the week you received the vacation pay.

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Pension Payments

Pensions, annuities and retirement payments are deductible if earned with a base-period employer. However, only that portion of the pension, annuity or retirement pay which is based on payments made by the employer, is deductible from your benefits.

In order to determine what portion of your pension, annuity, or retirement pay is deductible, you must provide the Division with detailed information about your retirement plan, including the name and address of the plan administrator. Any change in your pension, annuity, or retirement should be reported to the Benefit Section at 605.626.2452 immediately.

Any lump sums that you receive or will receive from your pension, annuity, or retirement plan may be deductible from your benefits. Contact the Benefit Section at 605.626.2452 for help.

Military-service-connected disability payments are not deductible from your benefits.

This description of deductible items is not intended to be all-inclusive.

If you have questions whether an item is deductible, contact the Benefit Section at 605.626.2452. Failure to report a deductible item or reporting it improperly may result in an overpayment which you will be required to repay.

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Wage Requirements and Benefit Amounts

To qualify for benefits you must have been paid wages for insured work, for civilian employment with the federal government, or for active duty in the military service in two or more quarters of your base period.

Determining Your Base Period

The regular base period is the first four of the last five completed calendar quarters before the effective date of your new claim for unemployment insurance benefits.

If you file a new claim, and are not eligible using the regular base period, you may be determined monetarily eligible under an alternative base period that uses more recent wages.

There is a special base period for persons who are not monetarily eligible because they have not worked for an extended period due to a work-related injury. This base period is the first four of the last five completed calendar quarters prior to the injury and can only be used if a claim is filed within 24 months after the injury.

The charts below can be used to determine the regular base period or the alternative base period.

Examples:

  • If you file your claim in May, your base period is the previous January through December. However, if not monetarily eligible using the regular base period, your base period would be the previous April through March.

Regular base period

If your claim is filed in one of the months shaded with a light color, your base period is the period shaded in a darker shade of the same color.

OCT
NOV
DEC
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
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JAN
FEB
MAR
APR
MAY
JUN
OCT
NOV
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Alternative base period

If your claim is filed in one of the months shaded with a light color, your base period is the period shaded in a darker shade of the same color.

JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
NOV
DEC
JAN
FEB
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JAN
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Determining Weekly and Maximum Benefits

Your weekly benefit is 1/26th of the wages paid in the highest quarter of your base period, up to a maximum amount determined by the state's average weekly wage. Your wages in this high quarter must be at least $728.

Also, your wages in the other three quarters of your base period must be at least 20 times your weekly benefit.

The maximum amount payable in your benefit year is one-third your total base period wages, but not more than 26 times your weekly benefit.

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Receiving a Monetary Determination

How will I know if I meet the wage requirements? You will receive a monetary determination indicating your weekly and maximum benefit amount. This determination is usually mailed within five days after your new claim is filed. However, complications with missing wages, out of state, federal, military wages, separation and availability issues sometimes cause delays in the mailing of a monetary determination.

Remember, this is only the first step in determining your eligibility. You may be disqualified depending on the reason you became unemployed or you may be denied benefits if you do not meet the other eligibility requirements.

If you have not received a monetary determination after two weeks (three weeks for interstate claimants), you should contact the Benefit Section at 605.626.2452.

If you are ineligible because of insufficient wages, you may file again next calendar quarter.

If for some reason you want to cancel your claim, you have 15 days from the date the monetary determination was mailed to submit a written request for cancellation. However, you cannot cancel your claim after a determination disqualifying you from receiving benefits has been issued.

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Seasonal Wages

Seasonal wages are wages earned with an employer who customarily suspends its operation for a period of five (5) months or more within a calendar year. To be eligible for a seasonal designation, an employer must request the designation and then it must be approved by the Department of Labor and Regulation.

Seasonal wages are used to determine your weekly benefit amount. However, the only time you can draw against seasonal wages is during the period the employer would normally be open for business.

You are notified on your monetary determination if you have seasonal wages.

Disagreeing with a Monetary Determination

What if I disagree with the monetary determination? First, examine your monetary determination carefully. If you feel you have not been given credit for all wages:

  • Contact the Benefit Section at 605.626.2452.
  • Request a re-determination.
  • Provide proof of your wages (paycheck stubs, W-2 forms, 1099).
  • Continue to file weekly certifications unless you become employed.

If you do not agree with the re-determination, you may file an appeal. See Filing Appeals for more information.

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Wages from Other States

Can I use wages earned in another state? Yes. If you worked in more than one state, you may be eligible for a Combined Wage Claim. To use wages earned in another state:

Report all work performed in any state in the last 18 months, including federal employment, on your new claim for benefits. Provide complete names, addresses, phone numbers, dates of employment and the reason for separation from employment.

The monetary determination will tell you if wage information from another state or federal government is pending.

A revised monetary determination will be sent to you when the information is received.

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Interstate Claims

If you worked in a state other than South Dakota and now live in South Dakota, an interstate claim can be filed against the state where you worked. Most states will take your claim by calling the state directly. Filing information, including telephone numbers and website addresses, can be obtained by contacting the Call Center at 605.626.3179. The state where you worked will make all determinations on your eligibility according to its laws and regulations.

If you move out of state after working in South Dakota, you can file an interstate claim against South Dakota. To file an interstate claim, go to www.sd.uiclaims.com or contact the Call Center at 605.626.3179. Your eligibility will be determined according to South Dakota's laws and regulations.

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Using Federal Employment

Can I use wages earned in federal employment on my claim? Yes. The Unemployment Insurance Division of South Dakota will pay benefits to federal employees under provisions of the South Dakota Unemployment Insurance Law. All former federal employees must meet the same eligibility requirements as other individuals claiming unemployment insurance. You may be requested to supply information from your SF-8 form when you file your claim.

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Filing Ex-military Claims

Can I qualify if I have been in the military? Yes. The Unemployment Insurance Division of South Dakota will pay benefits to ex-military personnel under provisions of the South Dakota Unemployment Insurance Law. Ex-military personnel must also meet the same eligibility requirements as other individuals claiming unemployment insurance benefits. You must submit a copy of Form 4 from your DD 214 to our agency by mail or fax.

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Disqualifying Conditions

Quitting or Being Discharged from a Job

Quitting a job, being discharged, or refusing a job or refusing an employment referral from your local South Dakota Department of Labor and Regulation office may be disqualifying.

You may be disqualified from benefits if you voluntarily quit your job without good cause, were discharged from work because of misconduct, failed to apply for suitable work when directed to by the local South Dakota Department of Labor and Regulation office, or if you refused an offer of suitable work.

If you are disqualified for one of the above reasons, you will be denied benefits until you have been re-employed at least six calendar weeks in insured employment during your current benefit year. You must earn gross wages equal to or greater than your weekly benefit amount in each of those weeks to re-qualify for benefits.

Refusing a Job or a Referral to a Job

If you fail, without good cause, either to apply for available suitable work when so directed by your local South Dakota Department of Labor and Regulation office or to accept suitable work when offered, you may be disqualified.

To decide if work is suitable, the Division considers:

  • the risk involved.
  • prior experience and training.
  • prior earnings.
  • distance from your residence.
  • prospects of local work in your usual occupation.
  • length of time you have been unemployed.

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Filing Appeals

What if I disagree with a disqualification or denial? If you disagree with a determination made by the Unemployment Insurance Division, you have the right to appeal the determination. The appeal must be in writing. You may file your written appeal by mailing or faxing the appeal letter to:

Appeals Section

UI Division
P.O. Box 4730
Aberdeen, SD 57402-4730

Fax: 605.626.2322

Your appeal must be filed within 15 days after the date the determination was mailed to you.

Be sure to include your Social Security number and reason for appealing.

An employer also has a right to appeal if they disagree with the determination. If an employer appeals and the determination is reversed, it may result in an overpayment which you will be required to repay.

If an overpayment occurs, you will be notified in writing of the overpayment and informed of your appeal rights.

Important: If you appeal a determination, you should continue to file your weekly certifications until you receive a final decision on your appeal, so there will be no loss of benefits to you if the appeal decision is in your favor.

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Overpayments

What if I am overpaid benefits? Unemployment insurance overpayments must be repaid unless you meet the conditions which allow repayment to be waived. If you were at fault in causing the overpayment, interest of 12 percent per year will accrue beginning with the date of determination of overpayment. If you were not at fault, interest will not accrue until six months after the determination date.

We collect unemployment insurance overpayments for other states and other states collect overpayments for us.

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Misrepresentation/Fraud

Penalties for Misrepresentation (Fraud)

If you misrepresent facts, make false statements, fail to disclose information or fail to report changes regarding your unemployment insurance benefits, you will be required to pay the benefits back.

You will be required to pay interest of 12 percent per year. The interest accrues immediately.

You may be denied benefits up to 52 weeks.

You may be convicted of a misdemeanor and imprisoned up to one year in the county jail or fined up to $2,000 or both.

You may be convicted of a felony if you unlawfully obtained more than $200 and imprisoned up to two years in the state penitentiary or fined up to $4,000 or both.

If you committed fraud to secure or increase benefits, a penalty of 50% of the amount of benefits obtained by fraud is applied for the first offense and a 100% penalty is applied for each subsequent offense. A four week administrative penalty shall be imposed for each week that an individual willfully or fraudulently misrepresents a fact to secure or increase benefits.

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Definition and Examples of Misrepresentation/Fraud

Misrepresentation is deliberately making an untrue statement or withholding information needed to make a proper determination.

Some examples of misrepresentation are deliberate failure to report the following:

  • The correct employer for your last job.
  • The correct reason for leaving your last job.
  • Work or wages earned while claiming benefits.
  • Working for tips or working to pay off a bill or in exchange for rent or room and board while claiming benefits.
  • Payment in cash for work you did while claiming benefits.
  • Self-employment earnings while claiming benefits.
  • Failure to look for work or make an untrue statement about a job contact.
  • Inability to work during a week for which you claim benefits.
  • Enrollment in school or college.
  • Refusal of an offer of suitable work or failure to apply for suitable work.

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Trade Adjustment Assistance

Trade Adjustment Assistance (TAA) is available to workers who lose their jobs as a result of increased imports.

Workers whose employment is adversely affected by increased imports may file a petition with the Office of Trade Adjustment Assistance to establish eligibility. A petition must be filed within one year from the date the worker is laid off from a job.

Petitions may be filed by a group of three or more workers, their union or an authorized representative. Forms on which to file a petition for TAA can be obtained by contacting:

South Dakota Department of Labor and Regulation - Unemployment Insurance Division
P.O. Box 4730
Aberdeen, SD 57402-4730
605.626.2452

If the petition for TAA is certified, workers may be eligible for additional weekly benefit payments, training, job search assistance, relocation allowances and other re-employment services. Contact your local South Dakota Department of Labor and Regulation office for information.

The Health Coverage Tax Credit (HCTC) is a program administered by the Internal Revenue Service that pays 80 percent of qualified health insurance premiums for eligible individuals' health insurance. Individuals are eligible for HCTC if:

  1. They have lost their jobs to foreign competition and are certified by the U.S. Department of Labor as "trade affected" or
  2. They receive benefits from the Pension Benefit Guaranty Corporation.

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Quality Control Program

Individuals who have filed a claim for unemployment insurance benefits may be randomly selected for a Quality Control program audit. Each claim will be subjected to an intensive verification of benefit eligibility. The audit will involve a complete review of the claim, an interview with the individual and verifications with other parties. Failure to cooperate with the Quality Control program audit may result in loss of benefits.

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Disclosing Personal Information

The Deficit Reduction Act of 1984 (Public Law 98-369) requires that certain state agencies maintain an income and eligibility verification system. This system is used to verify eligibility for the Supplemental Nutrition Assistance Program, Aid to Families with Dependent Children or Medicaid; and potential liability for child support payments. State agencies administering these programs may verify your eligibility for benefits (or child support obligations) by using information contained in Department of Labor records. Information used would be your past wages, as reported by former employers, and your eligibility for or receipt of unemployment benefits.

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Income Tax Notice

Your unemployment insurance benefits are subject to federal income tax law. The Internal Revenue Service will furnish complete information on how to report and compute the tax.

You do have the option of having tax deducted from your benefit payments. The rate of deduction is 10 percent. If you have questions, call the Benefit Section at 605.626.2452.

It may be necessary for you to make estimated tax payments. For more information on when you should make estimated tax payments, see IRS Publication 505, Tax Withholding and Estimated Tax, or the instructions for Form 1040-ES.

You will be furnished a statement, Form 1099-G, at the end of the year in which benefits were paid to you. The Internal Revenue Service will be given the same information.

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For More Information

If you have questions this website does not answer, call the Benefit Section at 605.626.2452.

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Warning Notice

It is a crime to misrepresent facts, make false statements, fail to disclose facts to obtain or increase unemployment insurance benefits or fail to report any change in circumstances which would affect your eligibility for benefits. SDCL 61-6-38 and 61-6-40.

South Dakota uses a variety of detection techniques to detect fraudulent claims.

Offenders may be prosecuted, resulting in:

  • A fine - up to $4,000.
  • Imprisonment - up to two years in the state penitentiary or by both fine and imprisonment.

Overpayments will be recovered by:

  • Voluntary repayment.
  • Civil suit.
  • Distress warrant (served by sheriff).
  • Interest will be charged on all overpayments not repaid in six months. Interest starts immediately on fault overpayments.

You must:

  • Report all work and earnings.
  • Report all factors affecting availability/eligibility (self-employment, illness or disability, vacations or confinement).

Information on this website is a summary, and all decisions will be based on legal interpretations of the State's Unemployment Insurance Laws.

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Marcia Hultman, Secretary
700 Governors Drive
Pierre, SD 57501-2291
Tel. 605.773.3101
Fax. 605.773.6184