§ 61-5-29 — South Dakota’s future fee--Promulgation of rules.

Employers required by this title to pay contributions, except employers pursuant to chapter 61-5A , that reimburse the unemployment compensation trust fund for benefits paid in lieu of contributions, shall also pay an employer's investment in South Dakota's future fee, hereinafter referred to as the investment fee, on wages as defined by this title. The fee rate for employers not eligible for experience rating, as provided for in § 61-5-24 , must be seventy-hundredths percent through calendar year 2006 and fifty-five hundredths percent on and after January 1, 2007. If an employer is eligible for experience rating, the employer's reserve ratio must be determined pursuant to § 61-5-25.3 through calendar year 2017, pursuant to § 61-5-25.4 for calendar years 2018 and 2019, pursuant to § 61-5-25.5 for calendar year 2020 through calendar year 2023, pursuant to § 61-5-25.6 for calendar year 2024 through calendar year 2025, and pursuant to § 61-5-25.7 for calendar year 2026 and each year thereafter, and the employer's investment fee rate must be the rate appearing in column "A" on the same line the employer's reserve ratio appears in column "B" of the following rate schedule: Column "A" Column "B" Investment Fee Rate Reserve Ratio 0.53% Less than 1.00% 0.50% 1.00% and Less than 1.20% 0.40% 1.20% and Less than 1.30% 0.30% 1.30% and Less than 1.40% 0.20% 1.40% and Less than 1.50% 0.10% 1.50% and Less than 1.60% 0.00% 1.60% and Over The terms and conditions of this title that apply to the payment and collection of contributions also apply to the payment and collection of the investment fee. The department shall deposit the proceeds from the investment fee in the clearing account of the unemployment compensation fund for clearance only. The proceeds may not become part of the fund. After clearance, the department must deposit the money derived from the investment fee payments, less refunds made pursuant to the provisions of this title, in the employer's investment in South Dakota's future fund, as provided for in § 61-5-29.1 . No investment fee payment may be credited to the employer's experience-rating account, nor may the payment be deducted in whole or in part by any employer from the wages of individuals in its employ. The investment fee rate may not be increased over the applicable 1987 investment fee rate for any employer with a positive balance in the employer's experience-rating account on the computation date, as established in rules promulgated by the secretary of labor and regulation, in accordance with chapter 1-26 , for the current year and the year preceding the current year. The investment rates provided in this section apply to and are retroactive to taxable wages paid on and after January 1, 1993.

Legislative History

SL 1987, ch 387, § 5; SL 1988, ch 413, § 4; SL 1989, ch 448, § 4; SL 1991, ch 416, § 4; SL 1993, ch 375, § 28; SL 1993, ch 378, § 4; SL 2006, ch 268, § 1; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011; SL 2011, ch 225, § 3; SL 2011, ch 227, § 1, eff. Mar. 17, 2011; SDCL § 61-5-24.1; SL 2012, ch 252, § 59; SL 2017, ch 217, § 5; SL 2019, ch 217, § 4; SL 2023, ch 171, § 6; SL 2025, ch 199, § 4.