South Dakota Administrative Rules
Title 47 - Department of Labor And Regulation
Article 47:06 - Reemployment assistance
Chapter 47:06:02 - Employer's contributions and accounts
Section 47:06:02:12 - Requirements for transfer of reserve account of segregable unit of business - Percentage of reserve account transferable

When an employer transfers a clearly segregable unit of the employer's business, for which the employer has maintained separate records, the employer shall furnish the Department of Labor and Regulation with continuous records of wages, contributions, and benefits paid on account of the segregable unit for the completed quarters of the year in which the transfer is made and for the four preceding calendar years or the time in which the segregable unit has been in operation, whichever is less. The transferring employer and the successor may jointly request that the Department of Labor and Regulation transfer to the successor the actual contribution, benefit, and payroll experience attributable to the segregable unit. For the transfer to be effective, the transferring employer and the successor shall sign and file an application for the transfer with the Department of Labor and Regulation within 90 days after the date of sale or transfer, and the application must be approved by the secretary of the department. The portion of the reserve account transferred to the successor is equal to the ratio that the transferred payroll bears to total payroll of the transferring employer.

General Authority: SDCL 61-5-42.

Law Implemented: SDCL 61-5-42.