South Dakota Administrative Code

Rule 62:01:05:10 Issuance of new ballot. 62:01:05:10. Issuance of new ballot. A replacement ballot may only be issued to a voter upon receipt of an affidavit from the member or employer eligible to vote that certifies that an original ballot was not received or the original ballo…

Rule 62:01:05:11 Repealed. 62:01:05:11. Receipt of ballot.Repealed. Source: 3 SDR 13, effective August 25, 1976; transferred from § 47:07:05:11, effective July 1, 1979; 6 SDR 87, effective March 2, 1980; 9 SDR 81, 9 SDR 124, effective July 1, 1983; 20 SDR 109, effective January 1…

Rule 62:01:05:12 Counting of ballots -- Void ballots. 62:01:05:12. Counting of ballots -- Void ballots. All ballots shall be counted no later than the final business day in May. For each vacancy to be filled, the candidate receiving the highest number of votes is elected. Any bal…

Rule 62:01:05:13 Results of election. 62:01:05:13. Results of election. The board shall certify the results of the election at the first board meeting after ballot counting pursuant to § 62:01:05:12 is completed. However, the executive director shall notify all the candidates and…

Rule 62:01:05:14 Contest of election. 62:01:05:14. Contest of election. An election is considered valid unless a notice of contest is filed with the executive director within 15 days after the election results are announced. If a notice of contest is filed, the board shall hold a…

Rule 62:01:05:15 Storage of ballots. 62:01:05:15. Storage of ballots. Any ballots received shall be kept secure before the ballots are counted. The printed ballots or electronic ballot results, or both, shall be kept for at least 45 days after the election results are announced o…

Rule 62:01:05:16 Repealed. 62:01:05:16. Filling of vacancies.Repealed. Source: 3 SDR 13, effective August 25, 1976; transferred from § 47:07:05:16, effective July 1, 1979; 6 SDR 87, effective March 2, 1980; repealed, 9 SDR 81, 9 SDR 124, effective July 1, 1983.

Rule 62:01:05:17 Procedure when designated day falls on weekend or holiday. 62:01:05:17. Procedure when designated day falls on weekend or holiday. Except as otherwise specified, if the date designated for any action under this chapter falls on a Saturday, Sunday, or legal holida…

Rule 62:01:06:01 Repealed. 62:01:06:01. Right of appeal -- Notice. Repealed. Source: 6 SDR 87, effective March 2, 1980; 9 SDR 81, 9 SDR 124, effective July 1, 1983; repealed, 34 SDR 297, effective June 2, 2008.

Rule 62:01:06:02 Repealed. 62:01:06:02. Independent medical evaluation.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.

Rule 62:01:06:03 Repealed. 62:01:06:03. Declaratory rulings. 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, 34 SDR 297, effective June 2, 2008.

Rule 62:01:06:04 Use of teleconference for administrative appeals authorized. 62:01:06:04. Use of teleconference for administrative appeals authorized. Any administrative appeal pursuant to this chapter may be conducted by teleconference. Source: 33 SDR 212, effective June 4, 200…

Rule 62:01:06:05 Finality of decision if the executive director does not act -- Time limit. 62:01:06:05. Finality of decision if the executive director does not act -- Time limit. If the executive director does not accept, reject, or modify the hearing examiner's proposed finding…

Rule 62:01:06:06 Written rationale for rejection or modification of a decision or findings -- Time limit. 62:01:06:06. Written rationale for rejection or modification of a decision or findings -- Time limit. If the executive director rejects or modifies the hearing examiner's pro…

Rule 62:01:06:07 Declaratory rulings -- Time limit -- Hearing examiners. 62:01:06:07. Declaratory rulings -- Time limit -- Hearing examiners. A petition for a declaratory ruling pursuant to SDCL 1-26-15 shall be heard in accordance with the procedures in SDCL chapter 1-26. The pe…

62:01:07:01. Secretary to board -- Filing. Repealed. Source: 6 SDR 87, effective March 2, 1980; 9 SDR 81, 9 SDR 124, effective July 1, 1983; SL 2016, ch 31, § 82, effective July 1, 2016; 45 SDR 142, effective July 1, 2019; 52 SDR 10, effective August 5, 2025.

62:01:07:02. Inspection and correction of files. 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 62:01:07:03 Waiver of privilege. 62:01:07:03. Waiver of privilege. A filing of a notice of appeal of an executive director's decision by a member for a hearing to be conducted by a hearing examiner shall be, for the purpose of the hearing and any subsequent appeal, a waiver …

62:01:07:04. Authorized agents. 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 4, 2025.

62:01:07:05. Procedure for filling a vacancy on the board. Repealed. Source: 31 SDR 191, effective May 22, 2005; 33 SDR 212, effective June 4, 2007; SL 2016, ch 31, § 84, effective July 1, 2016; SL 2019, ch 23, § 11, effective July 1, 2019; 45 SDR 142, effective July 1, 2019; 52 …

62:01:07:06. Beneficiary designated by qualified domestic relations order. Repealed. Source: 32 SDR 203, effective June 5, 2006; 45 SDR 142, effective July 1, 2019; 52 SDR 10, effective August 5, 2025.

62:01:07:07. Prospective nature of qualified domestic relations orders. Repealed. Source: 32 SDR 203, effective June 5, 2006; SL 2016, ch 31, § 85, effective July 1, 2016; 45 SDR 142, effective July 1, 2019; 52 SDR 10, effective August 5, 2025.

Rule 62:01:07:08 Repealed. 62:01:07:08. Right of review -- Notice. Repealed. Source: 32 SDR 203, effective June 5, 2006; repealed, 34 SDR 297, effective June 2, 2008.

Rule 62:01:07:09 Lump-sum payments subsequent to annuity payments. 62:01:07:09. Lump-sum payments subsequent to annuity payments. No member may withdraw accumulated contributions pursuant to SDCL 3-12C-602 if more than one annuity payment has been made to the member pursuant to S…

62:01:07:09.01. Opportunity to rescind election of annuity payment option -- Overpayments. Repealed. Source: 37 SDR 214, effective May 30, 2011; 45 SDR 142, effective July 1, 2019; 52 SDR 10, effective August 5, 2025.

62:01:07:09.02. Rollover of lump-sum distribution by inactive member. Repealed. Source: 37 SDR 214, effective May 30, 2011; 39 SDR 227, effective July 1, 2013; 45 SDR 142, effective July 1, 2019; 52 SDR 10, effective August 5, 2025.

62:01:07:10. Rollover of beneficiary payment by surviving spouse or other beneficiary. Repealed. Source: 33 SDR 212, effective June 4, 2007; 35 SDR 82, effective October 22, 2008; 39 SDR 227, effective July 1, 2013; 45 SDR 142, effective July 1, 2019; 52 SDR 10, effective August …

Rule 62:01:07:11 Repealed. 62:01:07:11. Elected official's period of participation -- Notice of nonparticipation or participation -- Presumption -- Appointed official. Repealed. Source: 33 SDR 212, effective June 4, 2007; 45 SDR 45, effective October 8, 2018 (effective February 1…

62:01:07:12. Member repayment of overpayments -- Options -- Interest -- Delayed repayment -- Failure to select an option -- Required notice and presumption. Repealed. Source: 36 SDR 21, effective August 17, 2009; SL 2016, ch 31, § 86, effective July 1, 2016; 45 SDR 45, effective …

62:01:07:12.01. Repayment of overpayments by person other than member -- Options -- Interest -- Delayed repayment -- Failure to select an option -- Required notice and presumption. Repealed. Source: 45 SDR 45, effective October 8, 2018; 45 SDR 142, effective July 1, 2019; 52 SDR …

Rule 62:01:07:13 Administration of additional survivor protection contributions and coverage. 62:01:07:13. Administration of additional survivor protection contributions and coverage. A member enrolled in the additional survivor protection program pursuant to SDCL 3-12C-1001 befo…

62:01:08:01. Maximum annual benefit. Repealed. Source: 14 SDR 57, effective October 18, 1987; 24 SDR 160, effective May 24, 1998; 28 SDR 111, effective February 14, 2002; 39 SDR 227, effective July 1, 2013; 45 SDR 45, effective October 8, 2018; 45 SDR 142, effective July 1, 2019;…

Rule 62:01:08:02 Repealed. 62:01:08:02. Earnings inclusions and exclusions.Repealed. Source: 14 SDR 57, effective October 18, 1987; repealed, 24 SDR 160, effective May 24, 1998.

62:01:08:03. Applicability of limits. Repealed. Source: 14 SDR 57, effective October 18, 1987; 24 SDR 160, effective May 24, 1998; 28 SDR 111, effective February 14, 2002; 33 SDR 212, effective June 4, 2007; 39 SDR 227, effective July 1, 2013; SL 2017, ch 27, § 45, effective July…

Rule 62:01:08:04 Repealed. 62:01:08:04. Annual benefit under combination of plans.Repealed. Source: 14 SDR 57, effective October 18, 1987; repealed, 24 SDR 160, effective May 24, 1998.

62:01:09:01. Definition of participant. Repealed. Source: 34 SDR 297, effective June 2, 2008; 45 SDR 142, effective July 1, 2019; 52 SDR10, effective August 5, 2025.

62:01:09:02. System may pay a single monthly payment. Repealed. Source: 34 SDR 297, effective June 2, 2008; SL 2017, ch 27, § 46, effective July 1, 2017; 45 SDR 142, effective July 1, 2019; 52 SDR 10, effective August 5, 2025.

62:01:09:03. Proof of participant's marital status. Repealed. Source: 34 SDR 297, effective June 2, 2008; 43 SDR 57, effective October 17, 2016; 45 SDR 142, effective July 1, 2019; 52 SDR 10, effective August 5, 2025.

62:01:09:04. Increase in supplemental pension spouse's benefit. Repealed. Source: 34 SDR 297, effective June 2, 2008; 45 SDR 142, effective July 1, 2019; 52 SDR 10, effective August 5, 2025.

62:01:09:05. No increase in value of single premium. Repealed. Source: 34 SDR 297, effective June 2, 2008; 45 SDR 142, effective July 1, 2019; 52 SDR 10, effective August 5, 2025.

62:01:09:06. Participant's status as a retiree. Repealed. Source: 34 SDR 297, effective June 2, 2008; SL 2017, ch 27, § 47, effective July 1, 2017; 45 SDR 142, effective July 1, 2019; 52 SDR 10, effective August 5, 2025.

62:01:09:07. Basis for monthly benefit. Repealed. Source: 35 SDR 82, effective October 22, 2008; 45 SDR 142, effective July 1, 2019; 52 SDR 10, effective August 5, 2025.

62:01:09:08. Distributions deemed reasonable and made in good faith under federal law. Repealed. Source: 37 SDR 214, effective May 30, 2011; 39 SDR 227, effective July 1, 2013; 45 SDR 142, effective July 1, 2019; 52 SDR 10, effective August 5, 2025.

62:03:01:01. Definitions. Repealed. Source: 14 SDR 57, effective October 18, 1987; 15 SDR 100, effective January 8, 1989; 24 SDR 160, effective May 24, 1998; 28 SDR 111, effective February 14, 2002; 33 SDR 212, effective June 4, 2007; 35 SDR 82, effective October 22, 2008; 39 SDR…

62:03:01:02. Designated Roth contributions treated as deferrals. Repealed. Source: 39 SDR 227, effective July 1, 2013; 52 SDR 10, effective August 5, 2025.

62:03:02:01. Participation by political subdivisions. Repealed. Source: 14 SDR 57, effective October 18, 1987; 15 SDR 100, effective January 8, 1989; 24 SDR 160, effective May 24, 1998; 45 SDR 142, effective July 1, 2019; 52 SDR 10, effective August 5, 2025.

62:03:02:02. Participation by employees. Repealed. Source: 14 SDR 57, effective October 18, 1987; 52 SDR 10, effective August 5, 2025.

62:03:02:03. Enrollment of participants. Repealed. Source: 14 SDR 57, effective October 18, 1987; 24 SDR 160, effective May 24, 1998; SL 2016, ch 31, § 89, effective July 1, 2016; 52 SDR 10, effective August 5, 2025.

62:03:02:04. Participation agreement. Repealed. Source: 14 SDR 57, effective October 18, 1987; 24 SDR 160, effective May 24, 1998; SL 2016, ch 31, § 90, effective July 1, 2016; 52 SDR 10, effective August 5, 2025.

62:03:02:05. Modification of enrollment. Repealed. Source: 14 SDR 57, effective October 18, 1987; 24 SDR 160, effective May 24, 1998; 52 SDR 10, effective August 5, 2025. 62:03:02:05.01. Employer contributions -- System contributions -- Vesting. Repealed. Source: 35 SDR 82, effec…