South Dakota Administrative Code

Rule 62:01:02:03 Repealed. 62:01:02:03. Penitentiary employees. Repealed. Source: 6 SDR 87, effective March 2, 1980; 9 SDR 81, 9 SDR 124, effective July 1, 1983; 18 SDR 185, adopted May 10, 1992, effective July 1, 1992; repealed, SL 2014, ch 18, § 2, effective July 1, 2014.

62:01:02:04. Permanent full-time employee -- Probationary period. Repealed. Source: 6 SDR 87, effective March 2, 1980; 9 SDR 81, 9 SDR 124, effective July 1, 1983; 45 SDR 142, effective July 1, 2019; 52 SDR 10, effective August 5, 2025.

Rule 62:01:02:05 Repealed. 62:01:02:05. Purchase of permissive service credit. Repealed. Source: 32 SDR 203, effective June 5, 2006; repealed, 36 SDR 21, effective August 17, 2009.

62:01:02:06. Refund of active contributions made during period of disability -- Granted credited service. If a disabled member receiving credited service pursuant to SDCL 3-12C-808 becomes employed by a member employer unit, the member and employer must make active contributions …

Rule 62:01:02:07 Leave of absence without pay during service purchase agreement -- Exception for leave of absence for military service. 62:01:02:07. Leave of absence without pay during service purchase agreement -- Exception for leave of absence for military service. If a member …

62:01:02:08. Active membership defined by period of contributions -- Quarter of service based on contribution. Repealed. Source: 33 SDR 212, effective June 4, 2007; 36 SDR 21, effective August 17, 2009; 45 SDR 142, effective July 1, 2019; 52 SDR 10, effective August 5, 2025.

62:01:02:09. Contribution reports -- Date -- Transmittal. Repealed. Source: 35 SDR 82, effective October 22, 2008; 45 SDR 142, effective July 1, 2019; 52 SDR 10, effective August 5, 2025.

62:01:02:10. Preparation and expiration of a contract to purchase credited service. If a member chooses to purchase credited service pursuant to SDCL 3-12C-504, 3-12C-509, or 3-12C-511, system staff shall prepare a contract for the purchase and shall mail the contract to the memb…

Rule 62:01:02:11 Repealed. 62:01:02:11. Reentry into system for purposes of redeposit -- Limit on redeposit. Repealed. Source: 37 SDR 214, effective May 30, 2011; SL 2016, ch 31, § 64, effective July 1, 2016; 45 SDR 142, effective July 1, 2019.

Rule 62:01:03:01 Repealed. 62:01:03:01. Application for retirement. Repealed. Source: 2 SDR 17, effective September 9, 1975; 3 SDR 13, effective August 25, 1976; transferred from § 47:07:03:01, effective July 1, 1979; repealed, 6 SDR 87, effective March 2, 1980.

62:01:03:02. Determination of eligibility for retirement benefit. Repealed. Source: 6 SDR 87, effective March 2, 1980; 9 SDR 81, 9 SDR 124, effective July 1, 1983; SL 2016, ch 31, § 65, effective July 1, 2016; 45 SDR 142, effective July 1, 2019; 52 SDR 10, effective August 5, 202…

62:01:03:02.01. Certification when retired member becomes reemployed -- Penalty. Repealed. Source: 36 SDR 21, effective August 17, 2009; SL 2016, ch 31, § 66, effective July 1, 2016; 45 SDR 142, effective July 1, 2019; 47 SDR 138, effective July 1, 2021; 52 SDR 10, effective Augu…

Rule 62:01:03:03 Repealed. 62:01:03:03. Members with both class A and class B service. Repealed. Source: 6 SDR 87, effective March 2, 1980; 9 SDR 81, 9 SDR 124, effective July 1, 1983; repealed, 24 SDR 160, effective May 24, 1998.

62:01:03:04. Independent status of the surviving spouse benefit if the member was retired or of retirement age. Repealed. Source: 34 SDR 297, effective June 2, 2008; 35 SDR 82, effective October 22, 2008; 45 SDR 45, effective October 8, 2018; 45 SDR 142, effective July 1, 2019; 5…

62:01:03:05. Privatized member's acquisition of certain service credit -- Retirement while continuing to work for a private employer. Repealed. Source: 37 SDR 214, effective May 30, 2011; 45 SDR 142, effective July 1, 2019; 52 SDR 10, effective August 5, 2025.

Rule 62:01:04:00 Application of chapter 62:01:04:00. Application of chapter. The provisions of this chapter apply to any member whose application for disability benefits was received by the system prior to July 1, 2015. Source: SL 2014, ch 20, § 35, effective July 1, 2014. Genera…

Rule 62:01:04:01 Repealed. 62:01:04:01. Applications -- Requirements. Repealed. Source: 2 SDR 17, effective September 9, 1975; 3 SDR 13, effective August 25, 1976; transferred from § 47:07:04:01, effective July 1, 1979; 6 SDR 87, effective March 2, 1980; 9 SDR 81, 9 SDR 124, effe…

Rule 62:01:04:02 Disability -- Beginning of benefits. 62:01:04:02. Disability -- Beginning of benefits. A member whose application for a disability benefit is approved shall receive the benefit beginning on the first day of the month following the date on which the member's contr…

Rule 62:01:04:03 Disability determination -- Disability advisory committee -- Medical examination. 62:01:04:03. Disability determination -- Disability advisory committee -- Medical examination. Upon receipt of an application for a disability benefit, with supporting medical evide…

Rule 62:01:04:04 Repealed. 62:01:04:04. Appeal of decision. Repealed. Source: 2 SDR 17, effective September 9, 1975; 3 SDR 13, effective August 25, 1976; transferred from § 47:07:04:04, effective July 1, 1979; repealed, 6 SDR 87, effective March 2, 1980.

Rule 62:01:04:05 Repealed. 62:01:04:05. Membership status during disability. Repealed. Source: 2 SDR 17, effective September 9, 1975; 3 SDR 13, effective August 25, 1976; transferred from § 47:07:04:05, effective July 1, 1979; repealed, 6 SDR 87, effective March 2, 1980. 62:01:04…

62:01:04:05.01. Termination of disability benefit – Credited service. Repealed. Source: 6 SDR 87, effective March 2, 1980; 9 SDR 81, 9 SDR 124, effective July 1, 1983; 24 SDR 160, effective May 24, 1998; 36 SDR 21, effective August 17, 2009; SL 2017, ch 27, § 39, effective July 1…

Rule 62:01:04:05.02 Credited service as employee while disabled. 62:01:04:05.02. Credited service as employee while disabled. No member who is receiving a disability benefit and who simultaneously is making contributions to the system may receive more than one year of credited se…

Rule 62:01:04:06 Medical examination of member receiving disability benefit -- Refusal. 62:01:04:06. Medical examination of member receiving disability benefit -- Refusal. The executive director may require a member receiving a disability benefit to undergo a medical examination …

Rule 62:01:04:07 Participating unit -- Filing upon return to service. 62:01:04:07. Participating unit -- Filing upon return to service. A participating unit employing a member who is receiving a disability benefit shall file notice with the system designating the date the member …

Rule 62:01:04:08 Repealed. 62:01:04:08. Report of income by a disabled member.Repealed. Source: 6 SDR 87, effective March 2, 1980; 9 SDR 81, 9 SDR 124, effective July 1, 1983; 18 SDR 185, effective May 10, 1992; repealed, 24 SDR 160, effective May 24, 1998.

Rule 62:01:04:09 Criteria for determining disability if contributory service ended before July 1, 1995 -- Position of comparable level. 62:01:04:09. Criteria for determining disability if contributory service ended before July 1, 1995 -- Position of comparable level. An applicant…

Rule 62:01:04:09.01 Criteria for determining disability if contributory service ended after July 1, 1995 -- Certification by employer. 62:01:04:09.01. Criteria for determining disability if contributory service ended after July 1, 1995 – Certification by employer. An applicant wh…

Rule 62:01:04:10 Member receiving a disability benefit if service ended before July 1, 1994. 62:01:04:10. Member receiving a disability benefit if service ended before July 1, 1994. For purposes of this chapter, a member is considered to be receiving a disability benefit if the a…

Rule 62:01:04:11 Repealed. 62:01:04:11. Termination of a disability allowance upon return to work if service ended prior to July 1, 1994. Repealed. Source: 6 SDR 87, effective March 2, 1980; 9 SDR 81, 9 SDR 124, effective July 1, 1983; 24 SDR 160, effective May 24, 1998; repealed…

Rule 62:01:04:11.01 Repealed. 62:01:04:11.01. Termination of disability allowance upon return to work if service ended after July 1, 1994. Repealed. Source: 24 SDR 160, effective May 24, 1998; 32 SDR 203, effective June 5, 2006; repealed, 34 SDR 297, effective June 2, 2008.

Rule 62:01:04:12 Repealed. 62:01:04:12. Conversion of disability allowance to early retirement allowance.Repealed. Source: 6 SDR 87, effective March 2, 1980; 9 SDR 81, 9 SDR 124, effective July 1, 1983; repealed, 18 SDR 185, effective May 10, 1992.

Rule 62:01:04:13 Income to be included in earned income. 62:01:04:13. Income to be included in earned income. For purposes of including earned income in calculations under SDCL 3-12C-810, a disabled member's earned income includes the member's wages, salaries, tips, or other comp…

Rule 62:01:05:01 Election of trustees. 62:01:05:01. Election of trustees. The board shall hold an election of trustees annually. The executive director may designate a third party to conduct the election. Any designated third party shall keep all information it obtains from any s…

Rule 62:01:05:01.01 Repealed. 62:01:05:01.01. Terms of trustees. Repealed. Source: 6 SDR 87, effective March 2, 1980; 9 SDR 81, 9 SDR 124, effective July 1, 1983; 45 SDR 142, effective July 1, 2019.

Rule 62:01:05:01.02 Voting by employers. 62:01:05:01.02. Voting by employers. Each employer whose represented group is entitled to elect a trustee is entitled to one vote. Source: 6 SDR 87, effective March 2, 1980; 9 SDR 81, 9 SDR 124, effective July 1, 1983; 45 SDR 142, effectiv…

Rule 62:01:05:01.03 Official election listing -- Voting by members. 62:01:05:01.03. Official election listing -- Voting by members. The board shall compile an official election listing of active, inactive vested, and retired members of the system by classification of employment a…

Rule 62:01:05:01.04 Candidate restricted by official election listing. 62:01:05:01.04. Candidate restricted by official election listing. A candidate seeking election to the board to serve on behalf of a represented group shall be a current member of that group. If the candidate …

Rule 62:01:05:01.05 Candidate from two represented groups. 62:01:05:01.05. Candidate from two represented groups. A candidate seeking election to the board who simultaneously is both retired and a member of another employee represented group shall be deemed a retiree for purposes…

Rule 62:01:05:02 Notice of election and nominating petition. 62:01:05:02. Notice of election and nominating petition. A notice of election shall be provided no later than January 15 to at least one authorized agent of any employer having employees entitled to vote in the election…

Rule 62:01:05:03 Procedure for nomination -- Filing of member petition. 62:01:05:03. Procedure for nomination -- Filing of member petition. A justice, judge, or magistrate judge who is a candidate for nomination for trustee shall file one or more petitions containing, in all, at …

Rule 62:01:05:03.01 Procedure for nomination -- Filing of employer petition. 62:01:05:03.01. Procedure for nomination – Filing of employer petition. Each employer candidate for nomination for trustee shall file one or more petitions containing, in all, at least 20 valid signature…

Rule 62:01:05:04 Repealed. 62:01:05:04. Filing for petition.Repealed. Source: 3 SDR 13, effective August 25, 1976; transferred from § 47:07:05:04, effective July 1, 1979; repealed, 6 SDR 87, effective March 2, 1980.

Rule 62:01:05:05 Validity of nominating petition. 62:01:05:05. Validity of nominating petition. The board of trustees, a committee of board members, or system staff appointed by the chair shall determine the validity of each nominating petition. Source: 3 SDR 13, effective August…

Rule 62:01:05:05.01 Special election newsletter -- Circulation -- Candidate biographies. 62:01:05:05.01. Special election newsletter -- Circulation -- Candidate biographies. Each year the system's staff shall prepare a special election edition of the newsletter. The special editi…

Rule 62:01:05:06 Preparation of ballots. 62:01:05:06. Preparation of ballots. Separate ballots shall be prepared for each represented group entitled to vote in the election. Each ballot shall contain the appropriate designation of the represented group and the names, in alphabeti…

Rule 62:01:05:07 Mailing of ballots. 62:01:05:07. Mailing of ballots. Before May 1 the applicable ballot shall be sent, by postal mail or electronically, to each member entitled to vote in the election and to each employer entitled to vote in the election. Source: 3 SDR 13, effec…

Rule 62:01:05:08 Validity of ballot. 62:01:05:08. Validity of ballot. To be valid, a ballot must be in the possession of the office of the executive director or, if the election is being conducted by a third party, in the possession of the third party, by 5:00 p.m. Central Time o…

Rule 62:01:05:09 Repealed. 62:01:05:09. Validity of employer ballot. Repealed. Source: 3 SDR 13, effective August 25, 1976; transferred from § 47:07:05:09, effective July 1, 1979; 6 SDR 87, effective March 2, 1980; 9 SDR 81, 9 SDR 124, effective July 1, 1983; 20 SDR 109, effectiv…

Rule 62:01:05:09.01 No write-in candidates. 62:01:05:09.01. No write-in candidates. No write-in candidates may be recognized. Source: 6 SDR 87, effective March 2, 1980; 9 SDR 81, 9 SDR 124, effective July 1, 1983; 20 SDR 109, effective January 19, 1994; 43 SDR 57, effective Octob…