With respect to compensation for weeks of unemployment, there is a state “off” indicator for this state for a week if the director determines, in accordance with the regulations of the United States secretary of labor, that for the period consisting of that week and the immediately preceding twelve weeks, the rate of insured unemployment (not seasonally adjusted) under this title was less than one hundred twenty percent of the average of such rates for the corresponding thirteen-week period ending in each of the preceding two calendar years, or was less than five percent.

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Source: SL 1971, ch 276, § 86; SL 1975, ch 321, § 4; SL 1982, ch 369, § 4; SL 2008, ch 277, § 138; SDCL § 61-6-34; SL 2012, ch 252, § 59.