CHAPTER 279

(SB 14)

Unemployment insurance benefits modified.

         ENTITLED, An Act to  modify provisions related to the payment of unemployment insurance benefits.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

     Section  1.  That subdivision (2) of § 61-1-1 be amended to read as follows:

             (2)      "Base period," the first four out of the last five completed calendar quarters immediately preceding an individual's benefit year. However, for For an individual who fails to meet the qualifications of § 61-6-7 due to the receipt of temporary total disability payments under worker's compensation, the base period is the first four of the last five completed quarters preceding the disability if a claim for unemployment benefits is filed within twenty-four months of the date on which the individual's disability was incurred . However, no calendar quarter used in one base period of a valid claim may be used in a subsequent base period ;

     Section  2.  That § 61-6-4 be amended to read as follows:

     61-6-4.   No week shall may be counted as a week of unemployment for the purpose of subdivision 61-6-2(4):

             (1)      Unless it occurs within the benefit year which includes the week with respect to which he the individual claims benefits;

             (2)      If benefits have been paid with respect thereto; and

             (3)      Unless the individual was eligible for benefits with respect thereto as prescribed in § 61- 6-1, subdivision 61-6-2(5), §§ 61-6-6, 61-6-8 and this section, except for the requirements of subdivision 61-6-2(4) and of § 61-6-5 .

     Signed February 1, 2005

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