🇺🇸 South Dakota UNEMPLOYMENT — 2026 UPDATE

South Dakota Unemployment Benefits 2026

⚠️Informational only — not legal or tax advice.

Last Updated: January 30, 2026
Last Reviewed: January 30, 2026
Applicable Period: 2026
Jurisdiction: State of South Dakota, United States
Update Schedule: Quarterly reviews in 2026; annual reviews thereafter

Unemployment South Dakota benefits 2026

Table of Contents

Introduction

Reemployment assistance benefits in South Dakota provide temporary income replacement for eligible workers who lose employment through no fault of their own. The program is administered by the South Dakota Department of Labor and Regulation and funded through employer taxes under state and federal law.

Program authority: South Dakota Codified Law Title 61, Chapters 1-6
Administering agency: South Dakota Department of Labor and Regulation, Reemployment Assistance Division
Official website: https://dlr.sd.gov/ra/

This guide provides comprehensive information on South Dakota reemployment assistance benefits for 2026, including eligibility requirements, benefit amounts, filing procedures, weekly certification requirements, and appeal processes. All information is compiled from official government sources.

Sources: South Dakota Codified Law, South Dakota Department of Labor and Regulation official guidance, U.S. Department of Labor

South Dakota Reemployment Assistance Benefits – 2026 Quick Reference
Category 2026 Information Official Source
Maximum Weekly Benefit $553 SDCL 61-6-2; DLR wage requirements page
Minimum Weekly Benefit $28 SDCL 61-6-6; DLR wage requirements page
Standard Duration 26 weeks SDCL 61-6-5
Waiting Week Required Yes (1 week) SDCL 61-6-1; DLR fact sheet
Filing Portal RA Benefits Portal sd.gov/rabenefits
Certification Frequency Weekly DLR weekly certification page
Work Search Required 2 contacts per week DLR work search requirements
Appeal Deadline 15 days from mailing SDCL 61-6; DLR appeals page
Payment Methods Direct deposit, Way2Go debit card DLR payment methods page
Tax Withholding Available Federal: Yes (10%) / State: N/A (no state income tax) DLR FAQ; South Dakota has no income tax

ℹ️ Key Reemployment Assistance Terms

Term Definition
Claimant Individual filing for reemployment assistance benefits
Base Period First four of the last five completed calendar quarters before filing the claim
Alternative Base Period Last four completed calendar quarters before filing the claim (if standard base period fails)
Benefit Year 52-week period beginning when claim is filed
Weekly Benefit Amount (WBA) Amount payable each week if eligible
Maximum Benefit Amount (MBA) Total benefits available during benefit year
Monetary Determination Decision on benefit amounts based on wage history
Non-Monetary Determination Decision on eligibility based on separation reason and ongoing requirements
Adjudication Investigation and decision-making process for eligibility issues
Suitable Work Employment appropriate for claimant's skills, experience, and labor market conditions
Overpayment Benefits paid that claimant was not entitled to receive
Waiting Week First week of unemployment for which benefits are not paid

Source: South Dakota Department of Labor and Regulation terminology guidance

Overview of Reemployment Assistance Benefits in South Dakota

Program Purpose

Reemployment assistance in South Dakota provides temporary income replacement for workers who become unemployed through no fault of their own. The program operates as a federal-state partnership, with South Dakota administering benefits according to state law while meeting federal requirements.

Legal framework:

  • State law: South Dakota Codified Law Title 61 (Reemployment Assistance)
  • Federal law: Federal Unemployment Tax Act (FUTA), 26 U.S.C. § 3301
  • Funding: Employer payroll taxes (no employee contribution)

South Dakota reemployment assistance benefits are paid by employers through taxes on wages. Workers do not contribute to this plan through payroll deductions. Benefits are not based on financial need but on wages earned during employment in covered work.

Source: SDCL Title 61; FUTA at https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section3301; South Dakota DLR reemployment assistance overview

Administering Agency

South Dakota Department of Labor and Regulation
Reemployment Assistance Division

South Dakota’s reemployment assistance program is administered by the Reemployment Assistance Division of the Department of Labor and Regulation.

Contact information:

  • Website: https://dlr.sd.gov/ra/
  • Claims filing portal: https://www.sd.gov/rabenefits
  • Claims call center: 605-626-3179
  • Customer service: 605-626-2452
  • TTY: 711 or 800-877-1113
  • Hours: Monday-Friday, 8:00 AM – 4:20 PM Central Time (phone); 24/7 online
  • Mailing address: PO Box 4730, Aberdeen, SD 57402-4730

Source: South Dakota DLR official website

Who Is Eligible for Reemployment Assistance Benefits in South Dakota

Employment Status Requirements

To qualify for reemployment assistance benefits in South Dakota, individuals must have worked in covered employment during the base period.

Covered employment definition:

According to South Dakota Codified Law 61-1-11, covered employment includes:

“Services performed by an individual for remuneration is covered employment unless the following two conditions are met: (1) The worker is free from control or direction of the performance of the contract for services, and (2) The worker must be engaged in an independently established trade, occupation, or business.”

Covered employment generally includes most private sector jobs, government positions, and nonprofit organizations.

Excluded categories:

  • Independent contractors meeting both statutory conditions
  • Self-employed individuals (unless participating in optional coverage)
  • Certain agricultural workers
  • Federal civilian employees (covered under UCFE program)
  • Military personnel (covered under UCX program)
  • Elected officials in some circumstances
  • Students employed by educational institution while enrolled and regularly attending classes

Source: SDCL 61-1-11 (employment definitions); South Dakota DLR employer handbook
Official statute: https://sdlegislature.gov/Statutes/61-1

Earnings and Work History Requirements

Base Period Definition:

The base period in South Dakota is the first four of the last five completed calendar quarters before the effective date of the claim for reemployment assistance benefits.

Example: Claim filed in January 2026

  • Base period: October 1, 2024 – September 30, 2025
  • Alternative base period (if standard fails): January 1, 2025 – December 31, 2025

Source: SDCL 61-6-4; South Dakota DLR wage requirements page

Alternative Base Period:

South Dakota allows use of an alternative base period if the claimant does not have sufficient wages in the standard base period. The alternative base period consists of the last four completed calendar quarters preceding the claim filing date.

Special Base Period:

A special base period exists for persons not monetarily eligible because they have not worked for an extended period due to a work-related injury.

Source: South Dakota DLR wage requirements and eligibility page

Minimum Monetary Requirements:

To qualify monetarily for benefits in South Dakota, claimants must meet ALL of the following wage requirements:

  1. Base period quarters: Must have been paid wages by an employer that pays unemployment taxes in two or more quarters of the base period
  2. High quarter wages: Minimum of $728 in the highest quarter of the base period
  3. Other quarters: Wages in the other three quarters of the base period must be at least 20 times the weekly unemployment benefit amount

Benefit calculation:

  • Weekly benefit amount: 1/26th of wages paid in the highest quarter
  • Maximum weekly benefit: Cannot exceed 50% of the average weekly wage in covered employment in South Dakota for the preceding calendar year
  • Effective July 6, 2025: $28 minimum to $553 maximum per week

Source: SDCL 61-6-2, 61-6-4, 61-6-6; South Dakota DLR wage requirements page
Benefit calculator: https://dlr.sd.gov/ra/individuals/wage_requirements.aspx

Separation From Employment Requirements

Qualifying vs Disqualifying Separations:

Qualifying separations (eligible for benefits):

The following types of job separation qualify for reemployment assistance benefits in South Dakota:

  • Layoff due to lack of work
  • Business closure or downsizing
  • Position elimination
  • Reduction in hours
  • Temporary layoff with indefinite recall
  • Discharge not due to misconduct
  • Voluntary quit for good cause

Disqualifying separations:

According to South Dakota Codified Law 61-6, benefits are denied if unemployment results from:

  1. Voluntary quit without good cause Definition: Leaving employment voluntarily without work-related reason considered “good cause” under state law. Disqualification period: Until individual has been reemployed at least six calendar weeks in insured employment during current benefit year and earned wages of not less than individual’s weekly benefit amount in each of those six weeks.
  2. Discharge for misconduct Definition: According to SDCL 61-6-14.1, “misconduct means a willful or wanton violation or disregard of a reasonable rule or policy of the employer, deliberate violation of a reasonable standard of behavior which the employer has the right to expect of the employee, or carelessness or negligence of such a degree or recurrence as to manifest equal culpability, wrongful intent, or evil design or to show an intentional and substantial disregard of the employer’s interests or of the employee’s duties and obligations to the employer.” Disqualification period: For the week in which the separation occurred and until the individual has been reemployed and earned wages equal to at least six times the individual’s weekly benefit amount.
  3. Refusal of suitable work Definition: Declining job offer meeting definition of “suitable work” without good cause. Disqualification period: Until the individual has been reemployed at least six calendar weeks in insured employment during current benefit year and earned wages of not less than individual’s weekly benefit amount in each of those six weeks.
  4. Labor dispute participation Definition: Benefits not payable if unemployment is due to a labor dispute. Disqualification period: Duration of the labor dispute.

Source: SDCL 61-6-14 (misconduct separation), 61-6-14.1 (misconduct definition), 61-6-16 (refusal of work), 61-6-15 (labor dispute); South Dakota DLR eligibility requirements page
Official statutes: https://sdlegislature.gov/Statutes/61-6

Ongoing Eligibility Requirements

To remain eligible for reemployment assistance benefits in South Dakota each week, claimants must:

  • Be totally or partially unemployed
  • Be able to work and available for full-time work
  • Be actively seeking work (unless exempt)
  • Be registered with South Dakota Department of Labor and Regulation
  • File weekly requests for payment
  • Accept suitable work when offered or referred
  • Participate in all reemployment activities as directed by local South Dakota DLR office
  • Be a U.S. citizen, registered alien, or have permission to work in the United States

Source: SDCL 61-6-1 (weekly eligibility requirements); South Dakota DLR eligibility requirements page

Who Is Not Eligible for Reemployment Assistance Benefits in South Dakota

The following categories of workers are generally not covered by South Dakota’s reemployment assistance program:

Categorical exclusions:

  1. Self-employed individuals Individuals working for themselves are not covered unless they elect optional coverage where available. Self-employment income does not count toward base period wages.
  2. Independent contractors Workers classified as independent contractors who meet both conditions in SDCL 61-1-11 are not covered. Workers who believe they were misclassified may appeal the classification.
  3. Students employed by educational institution Students employed by an educational institution while enrolled and regularly attending classes are excluded from coverage.
  4. Federal civilian employees Covered under Unemployment Compensation for Federal Employees (UCFE) program, not state reemployment assistance. Claims filed through state but paid under federal law. UCFE information: https://www.dol.gov/agencies/eta/unemployment-insurance/UCFE-UCX
  5. Military personnel Covered under Unemployment Compensation for Ex-Servicemembers (UCX) program. Claims filed through state but paid under federal law. UCX information: https://www.dol.gov/agencies/eta/unemployment-insurance/UCFE-UCX
  6. Elected officials Services performed as elected official may be excluded depending on circumstances.
  7. Certain agricultural workers Some agricultural employment is excluded under specific conditions defined in state law.
  8. Individuals incarcerated Benefits denied to persons employed while incarcerated according to SDCL 61-6-13.

Source: SDCL 61-1 (excluded services), 61-6-13 (incarcerated individuals); South Dakota DLR employer handbook; 5 U.S.C. § 8501 (UCFE); 5 U.S.C. § 8521 (UCX)

How Reemployment Assistance Benefit Amounts Are Calculated in South Dakota

Weekly Benefit Amount (WBA)

Calculation formula:

South Dakota calculates the weekly benefit amount using the following formula:

Weekly Benefit Amount = 1/26 of the wages paid to the claimant in the highest quarter of the claimant’s base period

Maximum limitation:

The weekly benefit amount may not exceed an amount equal to 50% of the average weekly wage in covered employment in South Dakota for the calendar year preceding the fiscal year.

For 2026 (effective July 6, 2025):

  • Minimum WBA: $28
  • Maximum WBA: $553
  • Average WBA: Approximately $350 (2025 data)

Example calculation:

Claimant’s highest quarter wages: $14,378

Weekly Benefit Amount = $14,378 ÷ 26 = $553 (maximum weekly benefit)

If highest quarter wages were $5,200:

Weekly Benefit Amount = $5,200 ÷ 26 = $200 per week

Partial unemployment:

Claimants working part-time may receive reduced benefits. South Dakota deducts partial earnings from weekly benefits according to state law. All work and earnings must be reported in the week the work is performed, even if payment has not yet been received.

Source: SDCL 61-6-2 (WBA calculation), 61-6-6 (minimum WBA); South Dakota DLR wage requirements page; Labor Market Information Center maximum benefit calculation page
Last updated: January 30, 2026
Official information: https://dlr.sd.gov/ra/individuals/wage_requirements.aspx

Maximum Benefit Amount and Duration

Maximum benefit amount (MBA):

The maximum benefit amount is the total benefits available during the benefit year, calculated as:

Maximum Benefit Amount = 1/3 of total base period wages

Not to exceed: 26 times the weekly benefit amount

Standard benefit duration: 26 weeks

Maximum total benefits (2026): Approximately $14,378 (based on maximum WBA of $553 × 26 weeks)

Benefit year:

Benefits are payable for up to 26 weeks within a 52-week benefit year. The benefit year begins on the Sunday of the week the claim is filed.

Example: Claim filed on Tuesday, January 14, 2026

  • Benefit year begins: Sunday, January 12, 2026
  • Benefit year ends: Saturday, January 10, 2027

Source: SDCL 61-6-5 (duration), 61-6-2 (maximum benefit amount); South Dakota DLR wage requirements page

Extended Benefits (EB) program:

Additional weeks of benefits may be available when South Dakota’s unemployment rate triggers the federal-state Extended Benefits program. EB provides up to 13 additional weeks (or 20 weeks in some circumstances).

Trigger requirements:

  • Insured Unemployment Rate (IUR) exceeds 5% and is 120% of average for prior two years, OR
  • Total Unemployment Rate (TUR) exceeds 6.5% and is 110% of average for prior two years

Current EB status: Inactive as of January 2026

Source: Extended Unemployment Compensation Act of 1970, 26 U.S.C. § 3304; South Dakota DLR extended benefits information
EB status verification: https://oui.doleta.gov/unemploy/eb.asp

Dependents Allowance

South Dakota does not provide dependent allowances for reemployment assistance benefits.

Source: SDCL Title 61 reviewed; no dependent allowance provisions found in South Dakota statutes

Seasonal Wages

Seasonal designation:

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

Use of seasonal wages:

Seasonal wages are used to determine weekly benefit amount. However, benefits can only be drawn against seasonal wages during the period the employer would normally be open for business.

Notification:

Claimants are notified on their monetary determination if they have seasonal wages in their base period.

Source: South Dakota DLR wage requirements page; South Dakota DLR seasonal wages information

Reemployment Assistance Benefit Payment Schedule in South Dakota

Payment Process and Timeline
Phase Timeframe Details
Weekly Certification Window Sunday – Saturday File weekly request for payment for the previous week
Processing Time 1–2 business days Time for South Dakota DLR to process certification and verify eligibility
Payment Authorization 1 business day after processing Payment approved and sent to selected payment method
Direct Deposit 2–3 business days after filing Funds available in bank account
Way2Go Debit Card 2–3 business days after filing Funds loaded to unemployment debit card
Total Timeline (First Payment) 3–4 weeks from filing Typical time from initial claim to first payment (includes waiting week)

Waiting week impact:

South Dakota requires a one-week waiting period. The first week of unemployment is not compensable. This means the first payment received is for the second week of unemployment, not the first week. The waiting week is the first eligible calendar week after filing a claim for benefits.

Processing without issues:

Once determined eligible for payment for a claim week, payment can be expected within two to three business days of filing the weekly request for payment. If issues need investigation, processing takes longer.

Source: SDCL 61-6-1 (waiting week); South Dakota DLR FAQ; South Dakota DLR payment methods page
Last verified: January 30, 2026

Payment Methods

Way2Go Card Debit Mastercard (default):

Benefits are automatically deposited to a Way2Go Card Debit Mastercard. When the card is received in the mail, it must be activated before payments will be reflected. The card must be activated following the steps included with the card.

Direct deposit (optional):

Direct deposit is available into claimant’s own checking or savings account.

To enroll in direct deposit online:

  1. Go to the RA Benefits Portal and log in
  2. Click on Update Address/Payment Method (below the My Claim Status section)
  3. From the Payment tab at the top, select Payment Method
  4. Enter bank routing number and account number
  5. Select account type (checking or savings)

Direct deposit form:

Claimants who do not wish to enroll online may download the Direct Deposit Form from the DLR Forms page or request one from Customer Service at 605-626-2452.

Source: South Dakota DLR FAQ; South Dakota DLR payment methods page
Forms page: https://dlr.sd.gov/ra/forms.aspx

How to File a Reemployment Assistance Claim in South Dakota

When to File

File a claim for benefits on or after the last day of work. A claim filed on a Sunday is effective that Sunday. A claim filed on Monday through Saturday is effective on the Sunday preceding the date the claim was filed.

Filing as soon as possible after becoming unemployed or having work hours reduced is important. Waiting to file may cause loss of some benefits.

Source: South Dakota DLR FAQ; South Dakota DLR filing information

Online Filing (Primary Method)

Filing portal: RA Benefits Portal
URL: https://www.sd.gov/rabenefits
Availability: 24 hours a day, 7 days a week

Step-by-step filing process:

  1. Access the portal – Go to https://www.sd.gov/rabenefits
  2. Create account – Register with email address and create password (if first-time user)
  3. Verify identity – Provide Social Security number and answer identity verification questions
  4. Enter personal information – Name, address, contact information, citizenship or work authorization status
  5. Provide employment history – List all employers during past 18 months with:
    • Employer name and complete address
    • Employer phone number
    • Employment dates (start and end)
    • Reason for separation
    • Last day worked
    • Whether job was full-time or part-time
  6. Answer eligibility questions – Questions about availability for work, work search, and disqualifying issues
  7. Review and submit – Review all information for accuracy and submit application

Required information:

  • Social Security number
  • Complete employment history for last 18 months
  • Employer names, complete addresses, and phone numbers for all employers
  • Dates of employment and reasons for separation
  • Bank account information for direct deposit (optional)
  • Alien registration number (if not U.S. citizen)

Processing: Claims are typically processed within several business days. Claimants receive monetary and non-monetary determinations by mail.

Source: South Dakota DLR filing instructions; South Dakota DLR how to file brochure
Official portal: https://www.sd.gov/rabenefits
Tutorial: https://dlr.sd.gov/ra/individuals/default.aspx

Phone Filing

Telephone claims line: 605-626-3179
Hours: Monday – Friday, 8:00 AM – 4:20 PM Central Time
TTY: 711 or 800-877-1113
Translator services: Available on request

Phone filing follows the same process as online filing. Representatives ask questions and enter information into the system. Wait times may be significant during peak periods. Online filing is available 24/7 and is the fastest method.

Source: South Dakota DLR contact information; South Dakota DLR FAQ

Required Documents and Information for Filing

Personal identification:

  • Social Security number or Social Security card
  • Driver’s license or state-issued ID
  • Date of birth
  • Contact information (phone number, email, current mailing address)
  • Citizenship or work authorization status

Employment documentation:

  • Last employer information (name, complete address, phone number, dates of employment)
  • Reason for separation from last employer
  • Separation notice (if available): layoff letter, termination notice, furlough notice, reduction in force notice
  • All employers in last 18 months with complete information

Banking information (for direct deposit – optional):

  • Bank routing number (9 digits)
  • Account number
  • Account type (checking or savings)

Additional documentation (if applicable):

  • Work authorization documents (non-citizens must provide alien registration number)
  • DD Form 214 (military service members)
  • SF-8 or SF-50 (federal civilian employees)
  • Union documentation (if union member)

Most documents can be uploaded through the online portal after filing the initial claim if requested by the agency.

Source: South Dakota DLR filing information; South Dakota DLR claimant handbook
Document requirements: https://dlr.sd.gov/ra/individuals/default.aspx

Weekly Certification and Ongoing Eligibility Requirements

Certification Process

Certification frequency: Weekly
Filing window: Weekly, for the previous week
Filing deadline: Must be filed each week for the week being claimed
Method: Online through RA Benefits Portal (preferred), phone at 605-626-3179, or mobile app

Each weekly certification requires answering questions about the previous week:

  • Were you able and available for full-time work?
  • Did you look for work (if required)?
  • Did you refuse any job offers or referrals?
  • Did you work or earn any money?
  • Are you attending school or training?
  • Did you participate in reemployment activities as directed?

Late filing: Filing late may result in delayed or denied benefits for those weeks. File the weekly request for payment on time each week to avoid payment delays.

Importance of continuing to file: If an appeal is filed regarding a determination, claimants must continue to file weekly requests for payment for each week they are unemployed. If the appeal decision is favorable, payment will not be made for any week for which a request was not filed as required.

Source: SDCL 61-6-1 (continuing claim requirements); South Dakota DLR FAQ; South Dakota DLR weekly certification instructions
Certification portal: https://www.sd.gov/rabenefits

Work Search Requirements

Required work search activities:

The Reemployment Assistance Division notifies claimants when they file their claim if they are required to search for work by making a minimum of two job contacts each week. Claimants must provide job contact information when filing the weekly request for payment.

Qualifying work search activities:

  1. Submitting job application to potential employer
  2. Attending job interview
  3. Attending job fair or hiring event
  4. Attending workforce center workshop
  5. Contacting employer about job openings
  6. Networking activities related to job search
  7. Creating or updating resume (may count once per claim period)

Documentation required:

For each work search activity, claimants must record:

  • Employer name and complete address
  • Contact person and phone number
  • Method of contact (online application, in-person, phone, email)
  • Date of activity
  • Type of activity (application, interview, inquiry)
  • Position applied for or discussed
  • Result or outcome

Reported job contacts are subject to verification by the Department of Labor and Regulation.

Source: South Dakota DLR work search requirements; South Dakota DLR FAQ
Work search information: Available on South Dakota DLR website at https://dlr.sd.gov/ra/individuals/default.aspx

Work Search Exemptions

The following claimants are exempt from work search requirements:

  1. Temporary layoff with definite recall date Claimants on temporary layoff with a definite date to return to work are exempt from work search requirements. If recall status changes (no longer on recall), claimants must notify the department immediately and reopen their claim to receive proper work search instructions.
  2. Approved training program participants Claimants enrolled in approved training programs may be exempt if the department determines the training does not interfere with availability for full-time work.
  3. Union hiring hall dispatch Members of unions with hiring hall dispatch systems may be exempt if registered with the hiring hall.

CRITICAL: If exempt from work search due to recall status, claimants MUST notify the department of any changes in recall status. If no longer on recall to return to work, the claim must be reopened immediately to receive proper work search instructions.

Source: South Dakota DLR work search requirements; South Dakota DLR FAQ; South Dakota DLR eligibility requirements page

Registration With Job Service

Claimants must be registered with the South Dakota Department of Labor and Regulation Job Service. Registration typically occurs automatically when filing the initial claim. Job Service offices provide assistance with employment search and training needs.

Job Service assistance:

  • Job search resources
  • Resume assistance
  • Interview preparation
  • Skills assessment
  • Training program information
  • Job matching services

Contact Job Service: Contact local Job Service office for help with employment search and training needs.

Source: South Dakota DLR eligibility requirements; South Dakota DLR Job Service information

What Happens After Filing a Claim

Claim Processing Steps

  1. Initial claim received – South Dakota DLR receives application online or by phone
  2. Employer notification – Employer receives Notice to Base Period Employer (Form 238) and has time to respond with separation information
  3. Monetary determination issued – Shows base period wages, weekly benefit amount, maximum benefit amount, benefit year dates (issued within several days)
  4. Non-monetary determination (if needed) – Investigation of eligibility issues such as separation reason, availability, work search (variable timeline depending on complexity)
  5. First payment – If approved and no issues, payment issued for completed weeks after waiting week

Monetary Determination

The monetary determination is a document showing:

  • Base period quarters and dates
  • Wages reported by each employer during base period
  • Total base period wages
  • Highest quarter wages
  • Weekly benefit amount (WBA)
  • Maximum benefit amount (MBA)
  • Benefit year beginning date
  • Benefit year ending date
  • Whether seasonal wages are in the base period

IMPORTANT: A monetary determination showing wages and benefit amounts does not guarantee payment. This only indicates sufficient wages exist in the base period. Other eligibility requirements must still be met. Claimants may be disqualified depending on reason for becoming unemployed or if other eligibility requirements are not met.

Source: South Dakota DLR FAQ; South Dakota DLR claims processing information

Non-Monetary Determination

A non-monetary determination is issued when eligibility questions exist regarding:

  • Reason for separation from employment
  • Availability for work and job search
  • Refusal of work or job offer
  • Participation in training or education
  • Other disqualifying issues

Investigation process:

  • Fact-finding interview scheduled (typically by telephone)
  • Employer and claimant provide information and documentation
  • Evidence submitted and reviewed by investigator
  • Determination issued with findings, decision, and appeal rights

Non-monetary determinations address:

  • Whether separation was for disqualifying reasons (voluntary quit without good cause, misconduct)
  • Whether claimant is able and available for work
  • Whether claimant refused suitable work
  • Whether claimant is participating in required activities
  • Other eligibility issues

Source: South Dakota DLR claims processing information; South Dakota DLR employer handbook

Typical Timeline

Monetary determination: Issued within several business days after filing if wage information is available

Non-monetary determination: Issued within days to weeks depending on complexity of investigation and employer response time

First payment: 3-4 weeks from initial filing if no eligibility issues (includes one-week waiting period plus processing time)

If issues exist: Timeline extended depending on investigation needs, fact-finding interviews, and determination process

Source: South Dakota DLR processing information; South Dakota DLR FAQ

Reasons a Reemployment Assistance Claim May Be Denied

Monetary Denial

Claims denied for insufficient wages occur when claimants do not meet minimum earnings thresholds:

  • Total base period wages insufficient
  • Less than $728 wages in highest quarter
  • Wages in other three quarters less than 20 times the weekly benefit amount
  • Wages in only one quarter of base period
  • No wages in at least two quarters

Alternative base period consideration: If standard base period does not qualify, South Dakota DLR automatically considers the alternative base period.

Source: SDCL 61-6-4; South Dakota DLR wage requirements page

Non-Monetary Denial (Disqualifications)

  1. Voluntary quit without good cause Disqualification: Until reemployed at least six calendar weeks in insured employment during current benefit year and earned wages of not less than individual’s weekly benefit amount in each of those six weeks.
  2. Discharge for misconduct Disqualification: For the week in which separation occurred and until reemployed and earned wages equal to at least six times individual’s weekly benefit amount.
  3. Refusal of suitable work Disqualification: Until reemployed at least six calendar weeks in insured employment during current benefit year and earned wages of not less than individual’s weekly benefit amount in each of those six weeks.
  4. Failure to meet availability requirements Disqualification: Until claimant demonstrates ability and availability for full-time work.
  5. Work search non-compliance Disqualification: Benefits denied for weeks when work search requirements not met.
  6. Labor dispute Disqualification: Benefits not payable for weeks during which unemployment is due to labor dispute.
  7. Incarceration Benefits denied to persons employed while incarcerated.

Source: SDCL 61-6-14 (misconduct), 61-6-16 (refusal of work), 61-6-15 (labor dispute), 61-6-13 (incarceration); South Dakota DLR eligibility requirements

Administrative Denial

Claims may be denied for administrative reasons:

  • Incomplete application
  • Failure to provide required documentation
  • Missed fact-finding interview
  • Identity verification failure
  • Non-response to agency requests for information
  • Failure to file weekly certifications

Source: South Dakota DLR claims processing procedures; South Dakota DLR claimant handbook

How to Appeal a Reemployment Assistance Decision in South Dakota

Appeal Deadlines (CRITICAL SECTION)

Filing deadline: 15 days from the date the determination was mailed

CRITICAL: Appeals must be filed within 15 days of the date on the determination notice (the date the determination was sent), NOT the date received. The date the notice was mailed is shown on the determination.

Calculation example: If determination mailed on January 15, 2026, appeal deadline is January 30, 2026.

Late appeals: Appeals received after the 15-day deadline may be accepted for good cause. Good cause must be demonstrated with explanation and supporting documentation for the late filing.

Source: SDCL 61-6 (appeal deadlines); South Dakota DLR appeals page
Official information: https://dlr.sd.gov/ra/individuals/appeals.aspx

Appeal Filing Process

How to file appeal:

Online: File through RA Benefits Portal (fastest method)
Mail: Reemployment Assistance Benefits Appeals
South Dakota Department of Labor and Regulation
PO Box 4730
Aberdeen, SD 57402-4730

Fax: 605-626-2322

In-person: Deliver to any South Dakota Job Service office

IMPORTANT: Appeals cannot be accepted over the phone or by email.

Required information in appeal:

  • Claimant name and Social Security number
  • File number (shown on determination notice)
  • Determination being appealed (document number and date)
  • Reason for disagreement with the determination
  • Signature and date

Appeal confirmation: After filing an appeal, claimants receive written acknowledgment indicating the appeal was received. They also receive a Reemployment Assistance Appeals brochure explaining the appeals process and how to prepare for the hearing.

Continuing to file: If appealing a determination, claimants must continue to file weekly requests for payment for each week they are unemployed. If the appeal decision is favorable, payment will not be made for any week for which a request was not filed as required. If an employer appeals and the decision is against the claimant, any benefits received must be repaid.

Source: South Dakota DLR appeals page; South Dakota DLR employer appeals process page
Forms: Available at https://dlr.sd.gov/ra/forms.aspx

Notice of Hearing

A Notice of Hearing is mailed to all parties at least seven days before the date of the hearing.

Notice includes:

  • Date and time of hearing
  • Hearing method (telephone, video, or in-person)
  • Parties involved in the case
  • Issues to be decided
  • Instructions for evidence submission
  • Instructions for telephone hearings (if applicable)
  • Rights and responsibilities

Claimants must carefully read the notice and any papers attached to it.

Source: South Dakota DLR appeals page

Hearing Process

Hearing format:

Most hearings (more than 90 percent) are conducted by telephone conference call. Occasionally the circumstances of a case require an in-person hearing.

Telephone hearings:

  • Parties and witnesses testify over the telephone
  • Everyone is able to hear the witnesses
  • Parties can ask witnesses questions
  • Hearing is recorded
  • If using cellular phone, ensure it is fully charged and call from quiet place with minimal background noise

In-person hearings:

  • Usually held at nearest South Dakota Department of Labor and Regulation office
  • Conducted when circumstances of case require in-person proceeding

Objection to telephone hearing: Claimants who object to a telephone hearing must make a written request for an in-person hearing explaining why an in-person hearing is needed in the case.

Administrative law judge:

The appeal hearing is scheduled with an administrative law judge from the Reemployment Assistance Appeals office. The hearing is a fact-finding process. The judge listens to each side and makes a decision on the issues in the case.

Source: South Dakota DLR appeals page; South Dakota DLR employer appeals process page

Evidence submission:

Deadline: Documents and evidence may be mailed or faxed to the appeals office prior to the day of the hearing

Requirement: Provide copies to all parties before the hearing

Accepted formats: Documents, photographs, employment records, medical records, correspondence, witness statements

Subpoenas: Requests to subpoena witnesses or documents may be made when the Notice of Hearing is received. The request must state why the witness or document is important to the case and include the name and home address of any witness and description of documents needed.

Witness fees: Subpoenaed witnesses who appear at a hearing are paid witness fees and mileage for each mile traveled in South Dakota going to and from the place of the hearing. The Department of Labor and Regulation pays these costs after the witness submits a payment voucher.

Source: South Dakota DLR appeals page; South Dakota DLR employer appeals process

Hearing procedures:

  1. Hearing officer explains the process and identifies the issues
  2. Parties are sworn in under oath
  3. Testimony is taken (claimant testifies first, then employer if present)
  4. Evidence is reviewed and entered into the record
  5. Witnesses are questioned by the judge and parties
  6. Each party may make closing statement
  7. Hearing is concluded

Representation:

Under South Dakota law, an attorney or any other authorized representative may represent a claimant. Employers may be represented by an officer or employee of the business or an attorney licensed to practice law in South Dakota.

The judge is trained to conduct hearings where one or both parties are not represented. Representation is not required.

Legal assistance: Claimants may be eligible for legal assistance through legal aid services if income and resources are limited. Information about obtaining legal representation can be obtained through South Dakota legal services programs.

Hiring an attorney: If hiring an attorney, do it right away and notify the appeals office. The lawyer needs time to prepare the case before the hearing. Attorney representation is at the claimant’s own expense.

Source: South Dakota DLR appeals page; South Dakota DLR employer appeals process

Hearing Decision

The final decision is mailed to the parties as soon as possible after the hearing.

Decision includes:

  • Important facts of the case
  • Legal conclusions and reasons for the decision
  • Order stating the result of the decision
  • Appeal rights to next level

Decision outcome:

  • May disqualify claimant from receiving reemployment assistance benefits
  • May allow claimant to receive benefits
  • May modify previous determination

Source: South Dakota DLR appeals page

Further Appeals

Second-level appeal (Secretary of Labor and Regulation):

If the administrative law judge’s decision is unfavorable, claimants may request an appeal to the Secretary of Labor and Regulation.

Address: Secretary of Labor and Regulation
South Dakota Department of Labor and Regulation
PO Box 4730
Aberdeen, SD 57402-4730

Deadline: Appeal to the Secretary must be made within 15 days of the date of the administrative law judge’s decision

Review type: The Secretary is not required to review all cases appealed. Parties who appeal to the Secretary retain the option of appealing directly to Circuit Court.

Secretary’s decision: May be further appealed to Circuit Court within 30 days of the date of the Secretary’s decision

Source: SDCL 61-6 (administrative review); South Dakota DLR appeals page

Judicial appeal (Circuit Court):

Alternatively, claimants may file an appeal of the administrative law judge’s decision directly to Circuit Court.

Deadline: Appeals to Circuit Court must be filed within 30 days after the date of the administrative law judge’s decision

Court filing: Circuit Court appeals are filed in the appropriate South Dakota Circuit Court

Representation: Circuit Court appeals involve complex legal procedures and many claimants obtain legal counsel

Fees: No fee is charged for regular appeals or Secretary’s appeals. Circuit Court appeals may involve court filing fees and legal costs.

Source: SDCL 61-6 (judicial review); South Dakota DLR appeals page; South Dakota DLR employer handbook

Withdrawing an Appeal

If a claimant has requested a hearing and later decides not to proceed, the appeal may be withdrawn at any time before the hearing. A letter withdrawing the appeal may be mailed or faxed to the appeals office so the other party can be notified that the hearing is canceled.

Source: South Dakota DLR appeals page

Reemployment Assistance Fraud, Penalties, and Overpayments

Fraud Definition and Examples

Fraud defined:

Fraud is defined as knowingly giving false information or failing to give information to obtain or increase reemployment assistance benefits.

According to South Dakota law, fraud occurs when a person willfully or fraudulently misrepresents a fact to secure or increase benefits.

Common fraud examples:

  • Failing to report work or earnings while certifying for benefits
  • Providing false information about job separation reason
  • Claiming benefits while incarcerated
  • Using another person’s identity to file claims
  • Not reporting job refusals or offers
  • Filing claims in multiple states simultaneously
  • Misrepresenting availability for work
  • Failing to report return to work

Source: SDCL 61-6-39 (fraud provisions), 61-6-40 (criminal fraud); South Dakota DLR fraud prevention page; South Dakota DLR overpayments information

Penalties for Fraud

Administrative penalties:

Claimants found to have committed fraud to secure or increase benefits must repay benefits received AND face additional penalties:

Monetary penalty:

  • First offense: 50% of the amount of benefits obtained by fraud
  • Subsequent offenses: 100% of the amount of benefits obtained by fraud

Administrative penalty:

  • Four weeks of administrative penalty for each week that an individual willfully or fraudulently misrepresents a fact to secure or increase benefits
  • Claimant cannot be paid any benefits until the penalty is served by filing weekly requests for payment that would otherwise be paid
  • There is no expiration of this penalty

Additional financial obligations:

  • Repayment: 100% of fraudulently obtained benefits
  • Interest: 12% simple interest per year (begins accumulating immediately if claimant was at fault)

Disqualification from benefits:

According to SDCL 61-6-39, upon discovery that a claimant willfully or fraudulently misrepresented facts to obtain benefits, the claimant is denied benefits for the week in which the misrepresentation was discovered and until the individual has been reemployed and earned wages equal to at least twelve times the individual’s weekly benefit amount.

Source: SDCL 61-6-39 (fraud penalties and disqualification), 61-6-44 (interest); South Dakota DLR overpayments FAQ; South Dakota DLR collections page

Criminal penalties:

Unemployment fraud is a criminal offense under South Dakota law.

According to SDCL 61-6-40:

Misdemeanor: Obtaining or attempting to obtain benefits by knowingly making a false statement or representation, knowingly failing to disclose a material fact, or other fraudulent means is a Class 1 misdemeanor if the amount does not exceed $1,000.

  • Penalty: Up to one year in county jail and/or fine up to $2,000

Felony: If the amount of benefits obtained exceeds $1,000, the offense is a Class 6 felony.

  • Penalty: Up to two years in state penitentiary and/or fine up to $4,000

Aggregation: Benefits obtained in violation of SDCL 61-6-40 within any six-month period may be aggregated to determine the degree of the offense.

Source: SDCL 61-6-40 (criminal penalties); South Dakota DLR civil actions and prosecutions page
Report fraud: 605-626-7649 or https://dlr.sd.gov/ra/report_fraud.aspx

Non-Fraud Overpayments

Overpayment without fraud:

Overpayments may occur without fraudulent intent due to:

  • Agency error in processing or payment
  • Delayed employer information
  • Reversed determination on appeal
  • Good faith mistake by claimant
  • Administrative error
  • Change in circumstances

Repayment obligation:

All reemployment assistance benefit overpayments must be repaid by law regardless of the reason for the overpayment. This includes both fraud and non-fraud overpayments.

Interest on non-fraud overpayments:

  • If claimant was not at fault: Interest begins accumulating after six months at 12% simple interest per year
  • If claimant was at fault but no fraud: Interest begins accumulating immediately at 12% simple interest per year

Source: SDCL 61-6-41 (overpayment recovery), 61-6-44 (interest); South Dakota DLR overpayments collections page

Waiver of overpayments:

South Dakota may waive the right to recover non-fraud overpayments under specific circumstances.

Waiver criteria:

According to SDCL 61-6-42 and ARSD 47:06:04:22, overpayments may be waived if:

  • The overpayment was not the fault of the claimant
  • Repayment would cause undue financial hardship
  • Claimant’s family gross income for the preceding 12 months does not exceed set standards

Waiver income standards (effective July 1, 2025):

Family size and corresponding maximum family income levels are published annually by the Department of Labor and Regulation. These standards are based on the average weekly wage rate for covered employment in South Dakota.

Waiver application: Waiver requests must be submitted in writing within 15 days after the overpayment notice was sent. Waiver request needs to be submitted separately from an appeal request.

Source: SDCL 61-6-42 (waiver authority); ARSD 47:06:04:22 (waiver conditions); South Dakota DLR appeals page; South Dakota DLR overpayments FAQ

Repayment options:

Payment methods:

  1. Electronic payment – Visit https://www.sd.gov/rabenefits and log in, system will guide through repayment process
  2. Credit or debit card – Contact representatives at 605-626-7649 or download Credit Card Authorization form, complete it, and return to Reemployment Assistance Division
  3. Check or money order – Mail to: Reemployment Assistance Division – Benefit Payment Control Unit
    South Dakota Department of Labor and Regulation
    PO Box 4730
    Aberdeen, SD 57402-4730
  4. Payment plan – Set up reasonable monthly payment to prevent further collection action

Payment deadline: Payment or payment plan establishment within 15 days of notice prevents further collection action

Monthly billing: Monthly billing statements are sent until the overpayment is paid in full

Source: South Dakota DLR collections page; South Dakota DLR overpayments FAQ

Collection actions:

If no payment is made on the overpayment, the Benefit Payment Control Unit may begin collection action:

  • Offset from future benefits – Benefits withheld from future claims
  • Federal/state tax refund offset – Overpayments intercepted from tax refunds
  • Civil lien – Liens filed against real and/or personal property
  • Distress warrant – Legal collection action
  • Wage garnishment – Portion of wages withheld
  • Referral to collection agency – Outstanding balances submitted to South Dakota Obligation Recovery Center

Bankruptcy: The overpayment principal is not written off due to bankruptcy, but accrued interest will be written off. The principal can be recouped with future benefits on fraud overpayments.

Source: South Dakota DLR civil actions and prosecutions page; South Dakota DLR overpayments FAQ

Reporting Fraud

How to report suspected fraud:

Individuals: Call Benefit Payment Control Unit at 605-626-7649 or visit https://dlr.sd.gov/ra/report_fraud.aspx

Employers: Use Employer Reporting Refusal of Suitable Work form to report employees who refuse to return to work without good reason or who quit their jobs. Email completed form to RAFraud@state.sd.us or mail to address above.

Anonymous reporting: Reports can be made anonymously or with contact information provided

Identity theft: Individuals who receive a 1099-G tax form from DLR but did not file for or receive unemployment benefits may be victims of identity theft and may report to the fraud reporting system.

Source: South Dakota DLR report fraud page; South Dakota DLR overpayments default page


Taxation of Reemployment Assistance Benefits in South Dakota

Federal Tax Treatment

Federal taxation:

Reemployment assistance benefits are taxable income under federal law (26 U.S.C. § 85). Claimants receive Form 1099-G by January 31 showing:

  • Box 1: Total unemployment compensation paid during the calendar year
  • Box 4: Federal income tax withheld (if withholding was elected)

Federal withholding option:

Federal Internal Revenue Service income tax law does not require South Dakota to withhold taxes from weekly reemployment assistance benefits. However, claimants may choose to have 10% of weekly benefits deducted for federal income tax purposes.

How to request withholding:

  • Request withholding when filing initial claim
  • Change withholding election at any time through RA Benefits Portal or by contacting Customer Service

Source: IRS Publication 525; 26 U.S.C. § 85; SDCL 61-6-67 (voluntary withholding); South Dakota DLR FAQ
IRS unemployment information: https://www.irs.gov/individuals/employees/unemployment-compensation

State Tax Treatment

South Dakota taxation:

South Dakota does not impose a state income tax. Reemployment assistance benefits are not subject to South Dakota state taxation.

No state withholding: Because South Dakota has no state income tax, there is no state income tax withholding from reemployment assistance benefits.

Source: South Dakota does not have state income tax; confirmed through South Dakota Department of Revenue
Verified: January 30, 2026

Form 1099-G

Form 1099-G distribution:

South Dakota Department of Labor and Regulation issues Form 1099-G by January 31 each year for the previous calendar year.

Access methods:

  • Mailed to address on file with the department
  • Available online through RA Benefits Portal: https://www.sd.gov/rabenefits
  • Contact Customer Service at 605-626-2452 for copies

Form 1099-G shows:

  • Total reemployment assistance benefits received during calendar year
  • Federal income tax withheld (if elected)
  • State (South Dakota) – no state tax, so no state withholding shown

Incorrect 1099-G:

If Form 1099-G shows incorrect amounts or benefits not received:

1099-G and overpayments: If overpaid benefits were received and repaid in the same calendar year, subtract the amount repaid from the total amount received as shown on Form 1099-G. Enter the result on the appropriate line of the tax form. Consult a tax advisor or the Internal Revenue Service with questions.

Source: South Dakota DLR FAQ; South Dakota DLR 1099-G information page; South Dakota DLR overpayments FAQ
Official information: https://dlr.sd.gov/ra/individuals/1099g.aspx

Special Reemployment Assistance Programs in South Dakota

Currently Active Programs (2026)

South Dakota participates in several special unemployment programs in addition to the standard reemployment assistance program.

Extended Benefits (EB)

Program status (2026): Inactive

Extended Benefits provide additional weeks of unemployment compensation when South Dakota’s unemployment rate meets federal trigger criteria.

Trigger requirements:

  • IUR trigger: Insured Unemployment Rate (IUR) exceeds 5% and is at least 120% of the average for the same 13-week period in each of the two preceding calendar years, OR
  • TUR trigger: Total Unemployment Rate (TUR) exceeds 6.5% and is at least 110% of the average for the same 13-week period in each of the two preceding calendar years

Additional weeks available: Up to 13 additional weeks beyond standard 26-week duration (or up to 20 weeks under certain high unemployment conditions)

Current status verification:

Extended Benefits were not active in South Dakota as of January 2026. The unemployment rate has not triggered the EB program.

Eligibility when active:

When Extended Benefits are triggered, claimants who exhaust regular benefits may qualify if they:

  • Have sufficient wages in base period
  • Meet work search requirements
  • Are able and available for work
  • Accept suitable work

Source: Extended Unemployment Compensation Act of 1970, 26 U.S.C. § 3304; SDCL 61-6 (Extended Benefits provisions); U.S. Department of Labor
Federal EB information: https://oui.doleta.gov/unemploy/eb.asp
Last checked: January 30, 2026

Unemployment Compensation for Federal Employees (UCFE)

Program status: Active (federal program)

Federal civilian employees are not covered under South Dakota’s regular reemployment assistance program. They are covered under the Unemployment Compensation for Federal Employees (UCFE) program.

How it works:

  • Claims filed through South Dakota system
  • Eligibility determined according to South Dakota law
  • Benefits paid under provisions of South Dakota Reemployment Assistance Law
  • Wages from federal employment used to establish monetary eligibility
  • Federal agencies provide wage and separation information

Filing: Federal employees file claims the same way as other claimants through the RA Benefits Portal or by calling 605-626-3179.

Required documentation: SF-8 or SF-50 forms showing federal employment

Source: 5 U.S.C. § 8501 et seq. (UCFE); South Dakota DLR wage requirements page
Federal UCFE information: https://www.dol.gov/agencies/eta/unemployment-insurance/UCFE-UCX

Unemployment Compensation for Ex-Servicemembers (UCX)

Program status: Active (federal program)

Ex-military personnel are covered under the Unemployment Compensation for Ex-Servicemembers (UCX) program, not South Dakota’s regular reemployment assistance program.

How it works:

  • Claims filed through South Dakota system
  • Eligibility determined according to South Dakota law
  • Benefits paid under provisions of South Dakota Reemployment Assistance Law
  • Military wages used to establish monetary eligibility
  • Military branch provides wage and separation information

Filing: Ex-servicemembers file claims the same way as other claimants through the RA Benefits Portal or by calling 605-626-3179.

Required documentation: DD Form 214 showing military service and separation

Source: 5 U.S.C. § 8521 et seq. (UCX); South Dakota DLR wage requirements page
Federal UCX information: https://www.dol.gov/agencies/eta/unemployment-insurance/UCFE-UCX

Trade Adjustment Assistance (TAA)

Program status: Active (federal program)

Workers who lose jobs due to foreign trade may qualify for Trade Adjustment Assistance benefits and services.

Benefits available:

  • Extended unemployment benefits beyond regular duration
  • Job training funding
  • Job search allowances
  • Relocation allowances
  • Health coverage tax credit (under certain conditions)

Eligibility: Employer must be certified by U.S. Department of Labor as trade-affected. Individual workers must meet program requirements.

South Dakota TAA services: Contact local South Dakota Job Service office for information on TAA eligibility and services.

Source: Trade Act of 1974, 19 U.S.C. § 2271 et seq.; U.S. Department of Labor
DOL TAA information: https://www.dol.gov/agencies/eta/tradeact
Application: Through local Job Service office

Disaster Unemployment Assistance (DUA)

Program status: Available during federally declared disasters

Disaster Unemployment Assistance provides benefits to individuals who lost employment due to a major disaster and are not eligible for regular unemployment insurance.

Activation: Only during presidentially declared major disasters affecting South Dakota

Eligibility:

  • Employment lost as direct result of disaster
  • Not eligible for regular unemployment insurance
  • Unable to reach place of employment due to disaster
  • Self-employed individuals whose business interrupted by disaster

Application: Through South Dakota DLR when disasters are declared and DUA is activated

Duration: Up to 26 weeks of assistance

Source: Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. § 5177; U.S. Department of Labor
FEMA DUA information: https://www.fema.gov/assistance/individual/program

Short-Time Compensation / Shared Work

Program status: Not available

South Dakota does not currently operate a Short-Time Compensation (also called Shared Work) program. This program, available in some states, allows employers to reduce employee hours instead of layoffs, with employees receiving partial unemployment benefits for the hours lost.

Source: U.S. DOL state program directory; South Dakota statutes reviewed

Context: South Dakota Compared to National Benchmarks

South Dakota benefit levels in national context (2026):

  • Maximum WBA: $553 (approximately middle range among 50 states)
  • Duration: 26 weeks (standard national norm)
  • Unique features: South Dakota uses term “Reemployment Assistance” instead of “Unemployment Insurance”; no state income tax so no state tax withholding

National range (2026):

  • Highest maximum WBA: Massachusetts ($1,015)
  • Lowest maximum WBA: Mississippi ($235)
  • Most common duration: 26 weeks

South Dakota’s maximum weekly benefit amount is calculated as 50% of the average weekly wage in covered employment, a methodology used by several states. The requirement to work in two or more quarters of the base period is more lenient than some states that require earnings in all four quarters.

For comprehensive state-by-state comparisons: U.S. DOL State Comparison: https://oui.doleta.gov/unemploy/comparison/

Source: U.S. Department of Labor, Comparison of State UI Laws 2026; South Dakota DLR benefit calculation information

Resources

South Dakota reemployment assistance resources:

South Dakota Department of Labor and Regulation, Reemployment Assistance Division

  • Main website: https://dlr.sd.gov/ra/
  • Claims portal: https://www.sd.gov/rabenefits
  • Claims call center: 605-626-3179
  • Customer service: 605-626-2452
  • TTY: 711 or 800-877-1113
  • Hours: Monday-Friday, 8:00 AM – 4:20 PM Central Time
  • Mailing address: PO Box 4730, Aberdeen, SD 57402-4730

Benefit Payment Control Unit (overpayments): 605-626-7649

Tax Unit (employers): 605-626-2312

Fraud reporting: https://dlr.sd.gov/ra/report_fraud.aspx

Appeals office: Reemployment Assistance Benefits Appeals
PO Box 4730
Aberdeen, SD 57402-4730
Fax: 605-626-2322

Job Service offices: Multiple locations throughout South Dakota – contact main number for nearest office

Forms and publications: https://dlr.sd.gov/ra/forms.aspx

Federal resources:

U.S. Department of Labor, Employment and Training Administration

Internal Revenue Service

Source: Official government websites

Frequently Asked Questions: South Dakota Reemployment Benefits 2026

What are reemployment assistance benefits in South Dakota?

Reemployment assistance benefits in South Dakota provide temporary financial assistance to eligible unemployed workers who lost their job through no fault of their own. The program is funded by employer taxes and administered by the South Dakota Department of Labor and Regulation. Benefits are not based on financial need but on wages earned during previous employment.

How much can I receive in reemployment assistance benefits in South Dakota?

Weekly benefit amounts in South Dakota range from $28 to $553 per week, effective July 6, 2025. The exact amount is calculated as 1/26th of wages paid in the highest quarter of the base period but cannot exceed 50% of the state’s average weekly wage. Benefits are payable for up to 26 weeks.

How long does it take to get reemployment assistance benefits in South Dakota?

The typical timeline from filing to first payment is 3-4 weeks if there are no eligibility issues. This includes the one-week waiting period (first week is not paid) plus processing time. Once approved and filing weekly certifications, payments are issued within 2-3 business days after each weekly filing.

Can I work part-time and still receive reemployment assistance in South Dakota?

Yes, claimants may work part-time and receive reduced benefits. All work and earnings must be reported when filing the weekly request for payment, even if payment has not been received yet. Work must be reported in the week it is performed. Partial earnings reduce the weekly benefit amount according to state formulas.

What disqualifies you from reemployment assistance in South Dakota?

Disqualifications include voluntary quit without good cause, discharge for misconduct, refusal of suitable work, participation in a labor dispute, failure to actively seek work, unavailability for work, and providing false information. Each disqualification has specific requirements for requalifying. Fraud in obtaining benefits results in monetary penalties, administrative penalties, and criminal prosecution.

How do I file for reemployment assistance in South Dakota?

File online at https://www.sd.gov/rabenefits (available 24/7) or call 605-626-3179 Monday-Friday, 8:00 AM – 4:20 PM Central Time. Online filing is faster and more convenient. You will need Social Security number, employment history for the last 18 months including employer names and addresses, and information about why you separated from employment.

Are reemployment assistance benefits taxable in South Dakota?

Reemployment assistance benefits are subject to federal income tax but not South Dakota state income tax because South Dakota does not have a state income tax. Claimants may elect to have 10% withheld for federal taxes. Form 1099-G is issued by January 31 each year showing total benefits paid and any federal tax withheld.

How do I appeal a reemployment assistance denial in South Dakota?

File an appeal within 15 days of the date on the determination notice. Appeals may be filed online through the RA Benefits Portal, by mail to PO Box 4730 Aberdeen SD 57402-4730, by fax to 605-626-2322, or in person at any Job Service office. Include your name, Social Security number, file number, and reason for appeal. Continue filing weekly certifications during the appeal.

What is the work search requirement in South Dakota?

Claimants are typically required to make a minimum of two job contacts per week. Job contacts must be documented with employer name, address, contact person, date, and outcome. Work search activities include submitting applications, attending interviews, attending job fairs, and participating in workforce center activities. Some claimants are exempt from work search if on temporary layoff with definite recall or in approved training.

What happens if I receive an overpayment of reemployment assistance?

All overpayments must be repaid regardless of the reason. Fraud overpayments carry 50% penalty for first offense and 100% for subsequent offenses, plus 4 weeks administrative penalty per week of fraud. Non-fraud overpayments may be waived if the overpayment was not the claimant’s fault and repayment would cause undue hardship. Interest of 12% per year applies to unpaid balances.

Do I have to pay into the reemployment assistance program as an employee?

No. Reemployment assistance benefits are paid by employers through taxes on wages. Nothing is withheld from employee paychecks to pay for reemployment assistance benefits. The program is entirely funded by employer contributions.

Can I receive reemployment assistance if I quit my job?

Voluntary quit without good cause disqualifies claimants from receiving benefits. However, if there is good cause for quitting (such as unsafe working conditions, significant changes in terms of employment, or following a spouse to a new location for military service), benefits may be allowed. The department determines whether good cause exists based on the specific circumstances.

What is a waiting week?

The waiting week is the first week of unemployment for which benefits are not paid. In South Dakota, claimants must serve a one-week waiting period. This means the first payable week is the second week of unemployment. The waiting week must be filed for and must meet all eligibility requirements even though it is not paid.


Others

Legal Disclaimer: Nature of This Compilation This document is a compilation of publicly available information from official government sources. It is NOT: Legal advice An interpretation of laws or regulations A substitute for consultation with a licensed attorney A comprehensive treatment of all applicable laws Guaranteed to be complete or current