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§ 61-6-39 Denial of benefits from discovery of misrepresentation--Penalties.

SD Codified L § 61-6-39 (2019) (N/A)
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61-6-39. Denial of benefits from discovery of misrepresentation--Penalties. Any individual who has willfully or fraudulently misrepresented any fact to secure or increase benefits under this title shall be denied benefits for weeks of otherwise compensable unemployment, as defined in this chapter from and after the date such misrepresentation or fraudulent act is discovered in accordance with rules promulgated by the department pursuant to chapter 1-26. In addition to any penalty imposed under this title, the department shall impose a penalty equal to fifty percent of the amount of benefits obtained by willful or fraudulent misrepresentation for the first offense and a penalty equal to one hundred percent of the amount of benefits for each subsequent offense. Any penalty collected shall be paid into the unemployment trust fund.

Source: SDC 1939, § 17.0830 (8) as added by SL 1953, ch 76, § 7; SL 1993, ch 375, § 35; SDCL § 61-6-22; SL 2012, ch 252, § 59; SL 2013, ch 258, § 1.

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§ 61-6-40 Obtaining or attempting to obtain benefits by misrepresentation as misdemeanor or felony--Aggregation of benefits obtained to determine degree of offense.