An Act to provide timely refunds for excess payments made in lieu of contributions to the unemployment compensation trust fund.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That 61-5A-32 be AMENDED:
61-5A-32. Annual adjustment of payments in lieu of contributions--Payment of deficiency--Refund or retention of excess.
At the end of each taxable year,
the department shall determine whether the total of payments for such
that
year made by a
nonprofit organization is less than, or in excess of, the total
amount of regular benefits plus one half of the amount of
extended benefits paid to individuals during such
that
taxable year
based on wages attributable to service in the employ of such
organization.
Each
A
nonprofit
organization whose total payments for such
that
year are less
than the amount so determined shall
be
by the department is
liable for payment of the unpaid balance to the fund in accordance
with 61-5A-31.
If the total payments exceed the
amount so determined
by the department
for
the taxable
that year, all
or a part of the
excess,
may, at the discretion of
must be refunded by
the department,
be refunded
from the fund or
within
thirty days of the determination. At the request of the nonprofit
organization, the excess may be retained
in the fund as part of
the any
payments which
that
may be required
for the next taxable year.
No later than December 31, 2020, the department shall refund in full, from the fund, any excess payments owed to a nonprofit organization as a result of payments made by the organization prior to July 1, 2020.