South Dakota Administrative Code

55:08:03:04. Termination of coverage. An employee enrolled for life coverage may elect, at any time, to terminate enrollment and deductions. Coverage continues through the last day of the month for which contributions were paid. Source: 38 SDR 213, effective July 1, 2012; 41 SDR …

Rule 55:08:03:05 Repealed. 55:08:03:05. Continuation of coverage. Repealed. Source: 38 SDR 213, effective July 1, 2012; repealed, 41 SDR 58, effective October 14, 2014.

Rule 55:08:03:06 Basic life benefit defined. 55:08:03:06. Basic life benefit defined. The basic life benefit payable under the life benefit program is $25,000. Source: 38 SDR 213, effective July 1, 2012. General Authority: SDCL 3-6E-13(1). Law Implemented: SDCL 3-6E-1.

55:08:04:01. Eligibility of retiree and dependents. Repealed. Source: 38 SDR 213, effective July 1, 2012; 47 SDR 142, effective July 1, 2021.

55:08:04:02. Election of coverage by retiree. Repealed. Source: 38 SDR 213, effective July 1, 2012; 47 SDR 142, effective July 1, 2021.

55:08:04:03. Election of coverage by retiree after expiration of initial eligibility period. Repealed. Source: 38 SDR 213, effective July 1, 2012; 41 SDR 58, effective October 14, 2014; 47 SDR 142, effective July 1, 2021.

55:08:04:04. Beginning of coverage. Repealed. Source: 38 SDR 213, effective July 1, 2012; 47 SDR 142, effective July 1, 2021.

55:08:04:05. Payment of contributions. Repealed. Source: 38 SDR 213, effective July 1, 2012; 47 SDR 142, effective July 1, 2021.

55:08:04:06. Termination of coverage. Repealed. Source: 38 SDR 213, effective July 1, 2012; 47 SDR 142, effective July 1, 2021.

55:08:04:07. Continuation of coverage of dependents of deceased retiree. Repealed. Source: 38 SDR 213, effective July 1, 2012; 47 SDR 142, effective July 1, 2021.

Rule 55:08:05:01 Eligibility. 55:08:05:01. Eligibility. Any eligible employee may participate in the flexible benefits plan. If an eligible employee retires, the retiree may apply to participate in the flexible benefits plan for 18 months after the eligible employee retires. Sour…

Rule 55:08:05:02 Election to participate. 55:08:05:02. Election to participate. An eligible employee may file an election to participate in the flexible benefits plan for the employee or the employee’s dependents in the office of the commissioner. Once made, an election shall rem…

Rule 55:08:05:03 Changes in election. 55:08:05:03. Changes in election. An eligible employee may change the employee’s election when there has been a marriage, birth or adoption, divorce, change in school status or jobs, or death. The change shall be made within 30 days after the…

Rule 55:08:05:04 Notice of ability to continue participation. 55:08:05:04. Notice of ability to continue participation. If an eligible employee dies, is divorced or legally separated, is terminated from employment, has the hours of employment reduced, or has a dependent who no lo…

Rule 55:08:06:01 Notice of denial of claim. 55:08:06:01. Notice of denial of claim. The benefits manager shall provide written notice to an eligible employee whose claim for benefits is denied. The notice shall include the specific reason for denial, including reference to the pl…

Rule 55:08:06:02 Appeal from denial of claim. 55:08:06:02. Appeal from denial of claim. An eligible employee or any other person whose claim for benefits under chapter 55:08:02 is denied may appeal to the benefits manager within 30 days after receipt of the notice of adverse dete…

Rule 55:08:06:03 Appeal procedure. 55:08:06:03. Appeal procedure. An eligible employee or any other person whose claim has been denied and desires to appeal the adverse determination of the benefits manager may request an external review by filing a request for external review wi…

Rule 55:08:06:04 Repealed. 55:08:06:04. Decision of commissioner appealable. Repealed. Source: 38 SDR 213, effective July 1, 2012; 42 SDR 97, effective January 4, 2016.

Rule 55:08:06:05 Failure to comply with time limits. 55:08:06:05. Failure to comply with time limits. Failure by an eligible employee or any other person whose claim has been denied to comply with time limits in this chapter constitutes a withdrawal of the claim. Failure of the b…

Rule 55:08:06:06 Delivery requirements for written notice. 55:08:06:06. Delivery requirements for written notice. A written notice required by this chapter shall be delivered personally or mailed. The notice is effective on the date of the receipt. Source: 38 SDR 213, effective J…

Rule 55:08:07:01 Election not to participate. 55:08:07:01. Election not to participate. A new employee may elect not to participate in the state employee health benefit plan pursuant to SDCL 3-6E-4, upon the new employee’s initial opportunity to enroll. An employee may elect not …

Rule 55:08:07:02 Conditions for rescinding election not to participate. 55:08:07:02. Conditions for rescinding election not to participate. An employee may rescind the election not to participate in the state employee health benefit plan at any time outside the annual enrollment …

Rule 55:08:07:03 Costs incurred during period of nonparticipation not covered. 55:08:07:03. Costs incurred during period of nonparticipation not covered. Costs that were incurred by an employee or the employee’s dependents while the employee was not participating in the state emp…

Rule 55:08:07:04 Repealed. 55:08:07:04. Conditions upon return to the plan. Repealed. Source: 38 SDR 213, effective July 1, 2012; 42 SDR 97, effective January 4, 2016.

55:09:01:01. Definitions. In addition to the definitions contained in SDCL 3-6C-1, the following terms and phrases mean: (1) "Agency head," a department secretary, institutional director, warden, superintendent, bureau commissioner, or the attorney general; (2) "Applicant," a per…

Rule 55:09:02:01 Personnel records. 55:09:02:01. Personnel records. The personnel file and all personnel records pertaining to applications for employment, personnel investigations, performance appraisals, donation or receipt of vested leave, health or retirement benefits, and co…

Rule 55:09:02:02 Access to records. 55:09:02:02. Access to records. A supervisor may review any position history file or any performance file. The review shall be done in confidence with the commissioner or a designee. An employee may review the employee's personnel file. The rev…

Rule 55:09:03:01 Compensation for work performed on holidays. 55:09:03:01. Compensation for work performed on holidays. Any employee who is not salaried and who is required to perform work or to render services on one of the holidays listed in SDCL 1-5-1 shall be compensated by r…

Rule 55:09:03:02 Holiday pay. 55:09:03:02. Holiday pay. If an employee was scheduled to work on a holiday and refused to do so, no payment may be made for the holiday. Any employee who works less than full time shall be given prorated holiday pay, determined by calculating an ave…

Rule 55:09:04:01 Vacation leave. 55:09:04:01. Vacation leave. Each permanent employee is entitled to vacation leave with pay. Vacation leave accruals start with the date of employment but may not be paid out upon separation unless six months of continuous service have been comple…

Rule 55:09:04:02 Sick leave. 55:09:04:02. Sick leave. Sick leave with pay shall be accrued each semimonthly pay period in equal increments to the maximum specified in SDCL 3-6C-7. An employee paid monthly shall accumulate sick leave at a rate of 9.334 hours per month. An employee…

Rule 55:09:04:03 Minimum charge for sick leave. 55:09:04:03. Minimum charge for sick leave. If an appointing authority arranges a replacement worker or employs a temporary worker due to an employee's absence, the appointing authority may require a minimum charge of up to four hou…

Rule 55:09:04:04 Reinstatement of sick leave. 55:09:04:04. Reinstatement of sick leave. If a civil service employee was laid off, is rehired within one year after the employee's termination date, and has not received payment for unused sick leave pursuant to SDCL 3-6C-12, the emp…

55:09:04:04.01. Paid family leave. Each permanent full-time employee who has been employed by the state for a continuous period of six months is entitled to forty hours of paid family leave per week for up to twelve weeks for bonding following the birth of a child of the employee…

Rule 55:09:04:05 Military service leave. 55:09:04:05. Military service leave. An employee may use up to 40 hours of accumulated sick leave annually for any military-related service as a member of the military reserve or national guard. Source: 39 SDR 99, effective December 3, 201…

Rule 55:09:04:06 Fire suppression or ambulance service. 55:09:04:06. Fire suppression or ambulance service. An employee who is a member of a volunteer fire department or ambulance service is not required to use leave for fire suppression or ambulance service if the service is per…

Rule 55:09:04:07 Advanced sick leave. 55:09:04:07. Advanced sick leave. An employee who has been employed by the state in a permanent position for one year or more may request advanced sick leave for not more than 28 days once all other leave is exhausted. An employee requesting …

Rule 55:09:04:08 Military training leave. 55:09:04:08. Military training leave. Military leave for training may not be granted to an employee who is on vacation leave and terminating employment. Military leave for training may not be accumulated. A temporary employee is not entit…

Rule 55:09:04:09 Court and jury leave. 55:09:04:09. Court and jury leave. If an employee is subpoenaed to testify in any civil or criminal proceeding because of the employee's official capacity, the employee shall receive the employee's regular salary without loss of leave credit…

Rule 55:09:04:10 Leave of absence without pay. 55:09:04:10. Leave of absence without pay. Leave of absence without pay means approved absence from duty for which the employee is not paid. The leave is available to any permanent employee, may not exceed twelve weeks, and shall be …

Rule 55:09:04:11 Reporting absences or absence without leave. 55:09:04:11. Reporting absences or absence without leave. An employee who is absent from duty shall report the reason for the absence to the employee's supervisor as soon as possible. Unauthorized or unreported absence…

Rule 55:09:04:12 Family and medical leave. 55:09:04:12. Family and medical leave. Family and medical leave is available to an employee who has worked for twelve months or more and who has worked 1,250 hours or more. Up to 12 weeks of sick leave, paid family leave, vacation leave,…

Rule 55:09:04:13 Administrative leave. 55:09:04:13. Administrative leave. Administrative leave shall be granted in the following situations, allowing an employee to receive compensation for the hours that the employee would normally have worked with no loss of leave: (1) An offic…

Rule 55:09:04:14 Donation of leave -- Recipient requirements. 55:09:04:14. Donation of leave -- Recipient requirements. An employee may receive donated vested leave if the following requirements are met: (1) The employee is employed in a permanent position for at least one year a…

Rule 55:09:04:15 Donation of leave for care of spouse, child, or parent -- Recipient requirements. 55:09:04:15. Donation of leave for care of spouse, child, or parent -- Recipient requirements. Pursuant to SDCL 3-6C-15, an employee may receive donated vested vacation leave if the…

55:09:04:16. Donation of leave -- Donor requirements. An employee is eligible to donate vested leave if the employee is employed in a position eligible for the accumulation of leave under SDCL 3-6C-4 and 3-6C-7 and has accumulated more than 80 hours of vacation leave or 120 hours…

Rule 55:09:04:17 Donation of leave -- Procedure. 55:09:04:17. Donation of leave -- Procedure. An employee donating leave shall give written notice of the amount and type of leave being donated and the name of the recipient of the leave and the recipient's place of employment, if …

Rule 55:09:04:18 Contagious disease -- Procedure. 55:09:04:18. Contagious disease -- Procedure. If the appointing authority has a reasonable belief that an employee has been exposed to a contagious disease that would endanger the health of fellow employees or the public, the appo…

Rule 55:09:04:19 Emergency furlough. 55:09:04:19. Emergency furlough. An appointing authority may place any employee on furlough because of a shortage of funds or work due to an emergency. During the furlough, the employee may use accrued vacation leave; otherwise, the furlough s…

Rule 55:09:05:01 Overtime administration. 55:09:05:01. Overtime administration. An appointing authority may prescribe periods of overtime work to meet operational needs. Complete records of overtime payments and compensatory time of employees shall be maintained in each departmen…