If benefit sums paid remain unpaid by the recipient or have not been deducted from benefits payable to the recipient within ten years following the date the overpayment was established, the secretary of labor and regulation may declare the sums uncollectible and cancel the overpayment. The secretary may cancel and waive recovery of such overpayment for which the claimant's liability was established under § 61-6-41 upon receipt of proper certification by a Department of Labor and Regulation representative that:

1. (1) The claimant has been duly discharged of such liability by a federal bankruptcy court;
2. (2) The claimant has died and reasonable efforts have been made to recover the overpayment from the claimant's estate; or
3. (3) The overpayment has been outstanding ten years or more after the liability was established and reasonable efforts have been made to recover it.

Source: SL 1981, ch 371 , § 5; SL 2008, ch 277 , § 130; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 33, eff. Apr. 12, 2011; SDCL § 61-6-23.2 ; SL 2012, ch 252 , § 59.