61-5-45Experience-rating account continued during employer's military service--Reestablishment on resumption of business.

If the department finds that an employer's business is closed solely because of the entrance of one or more of the owners, officers, partners, or the majority stockholder into the armed forces of the United States, any of its allies, or of the United Nations, the employer's account may not be terminated. If the business is resumed within two years after the discharge or release from active duty in the armed forces of the person, the employer's experience shall be deemed to have been continuous throughout the period. The experience ratio used for determining the rate of any employer shall be the total contribution paid by the employer minus all benefits, including benefits paid to any individual during the period the employer was in the armed forces, based upon wages paid by the employer prior to the employer's entrance into such forces, divided by the total payrolls for the three most recent calendar years during the whole of which, respectively, the employer has been in business.

Source: SDC 1939, § 17.0822 (2) (c) as added by SL 1951, ch 95; SL 1961, ch 106, § 2; SL 1971, ch 276, § 48; SL 2008, ch 277, § 93; SDCL § 61-5-32; SL 2012, ch 252, § 59.