South Dakota § 61-6-41 - Deduction or repayment of overpayments.
Full text of South Dakota South Dakota Codified Laws § 61-6-41 — Deduction or repayment of overpayments., with citation guidance and answers to common questions.
§ 61-6-41. Deduction or repayment of overpayments.
An individual who was paid any amount as benefits under this title to which the individual is not entitled is liable for repayment of the amount overpaid, or for the amount received in the event of misrepresentation, unless recovery of the overpayment is waived as provided in § 61-6-42. The department may elect to recover the overpayment by requiring repayment by the individual or deducting the overpayment from any future benefits payable to the individual. The department may also recover the overpayment in the manner provided in §§ 61-5-59 to 61-5-66, inclusive, for the collection of delinquent contributions.
Source: SL 1936 (SS), ch 3, § 16 (d); SDC 1939, § 17.0844; SL 1974, ch 328, § 2; SL 1993, ch 377, § 12; SL 2008, ch 277, § 129; SDCL § 61-6-23; SL 2012, ch 252, § 59.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 61-6-41
What does South Dakota Codified Laws § 61-6-41 cover?
Section 61-6-41 ("Deduction or repayment of overpayments.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 61-6-41?
A common citation format is "South Dakota Codified Laws § 61-6-41" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 61-6-41 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.