61-7-10.1Payment of benefits in accordance with determination being appealed--Effect of modification or reversal.

If a determination or redetermination allowing benefits is affirmed in any amount by the Department of Labor and Regulation benefits shall be paid promptly regardless of any further appeal or the disposition of the appeal and no injunction, supersedeas, stay or other unit or process suspending the payment of benefits may be issued by any court; but if the decision is finally modified or reversed to deny benefits:

(1)    Benefits may not be paid for any week of unemployment involved in the modification or reversal, until a disqualification if imposed has been satisfied; and

(2)    No contributing employer's experience rating account may be charged with benefits paid prior to the determination reversing or modifying a prior determination that would not have been paid pursuant to the reversing or modifying determination, but the noncharging does not apply to employers liable for reimbursement to the department for payments that were paid by the department; and

(3)    Benefits paid pursuant to this section or § 61-7-5 shall constitute a recoverable overpayment as provided in § 61-6-41.

Source: SL 1936 (SS), ch 3, § 6 (b); SDC 1939, § 17.0832; SL 1939, ch 90, § 1; SL 1943, ch 85; SL 1947, ch 88, § 13; SDCL § 61-7-11; SDCL Supp, § 61-7-5 as added by SL 1972, ch 269, § 5; SL 1974, ch 332, § 1; SL 1984, ch 339, § 2; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011; SL 2013, ch 258, § 24.