clarify statutes governing the administration of disability benefits by the South Dakota Retirement System.

Stricter disability rules for South Dakota workers

The law sets rules for getting and keeping South Dakota Retirement System disability benefits. For applications received after June 30, 2015, the executive director decides eligibility using the application and health care provider and employer statements. The director may seek the disability advisory committee’s advice but does not have to follow it. Either may require an independent medical exam or an assessment of the member’s ability to perform tasks. The exam must be done by an impartial health care provider selected by the director or committee. A qualified, licensed professional must perform the assessment, which can help determine eligibility. Refusing either is grounds to deny an application. The director must send approval or denial orders to the member’s last known address by certified mail. Approved members must end contributory service within one year after receiving approval notice, or approval expires. Benefits start the month after that service ends. When a health care provider certifies that a member is no longer disabled, the director must review eligibility using the initial application procedure. Refusing a required exam or assessment during review requires benefits to be suspended and terminated. If the director finds the member no longer qualifies, benefits end 60 days after the termination order is mailed. That order must also go to the member’s last known address by certified mail.