Section 61-6-38.1 - Qualification for extended benefits despite receipt of more payments after appeal--Seasonal workers--Disqualified applicants for regular benefits. - South Dakota Statutes

61-6-38.1. Qualification for extended benefits despite receipt of more payments after appeal--Seasonal workers--Disqualified applicants for regular benefits. For the purposes of § 61-6-38, an individual is considered to have received, in the individual's applicable benefit year, all of the regular benefits that were payable or available to the individual, even though:
(1) As a result of a pending appeal with respect to wages or employment, or both, that were not included in the original monetary determination with respect to the benefit year, the individual may subsequently be determined to be entitled to more regular benefits; or
(2) By reason of the seasonal provisions promulgated pursuant to § 61-1-39 or the seasonal provisions of another state law, the individual is not entitled to regular benefits with respect to the week of unemployment (although the individual may be entitled to regular benefits with respect to future weeks of unemployment in the next season or off season, in such benefit year), and the individual is otherwise an exhaustee within the meaning of § 61-6-38 with respect to the individual's right to regular benefits under the state law seasonal provisions during the season or off season in which that week of unemployment occurs; or
(3) Having established a benefit year, no regular benefits are payable to the individual during that year because the individual's wage credits were canceled or the individual's right to regular benefits was totally reduced as the result of the application of a disqualification.
An individual is not entitled to extended benefits unless, during the individual's base period, the individual has earned wages for insured work equal to one and one-half times the individual's earnings in the highest quarter of the individual's base period.

Source: SL 1971, ch 276, § 81 (1); SDCL Supp, § 61-6-38 (1); SL 1974, ch 331, § 3; SL 1982, ch 369, § 5; SL 2008, ch 277, § 141.