South Dakota Administrative Code

62:03:02:05.01. Employer contributions -- System contributions -- Vesting. Repealed. Source: 35 SDR 82, effective October 22, 2008; 52 SDR 10, effective August 5, 2025.

62:03:02:06. Revocation 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 Repealed.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.

62:03:02:07. Designation of beneficiary – Distribution of benefits. Repealed. Source: 14 SDR 57, effective October 18, 1987; 24 SDR 160, effective May 24, 1998; 33 SDR 212, effective June 4, 2007; 52 SDR 10, effective August 5, 2025.

62:03:02:08. Deferred compensation plans only as supplemental retirement plans. Repealed. Source: 33 SDR 212, effective June 4, 2007; 45 SDR 142, effective July 1, 2019; 52 SDR 10, effective August 5, 2025.

62:03:02:09. Participation restrictions on or after an unforeseeable emergency distribution. Repealed. Source: 36 SDR 21, effective August 17, 2009; 52 SDR 10, effective August 5, 2025.

62:03:03:01. Minimum deferral. Repealed. Source: 14 SDR 57, effective October 18, 1987; 15 SDR 100, effective January 8, 1989; 52 SDR 10, effective August 5, 2025.

62:03:03:02. Maximum deferral. Repealed. Source: 14 SDR 57, effective October 18, 1987; 24 SDR 160, effective May 24, 1998; 28 SDR 111, effective February 14, 2002; 52 SDR 10, effective August 5, 2025. 62:03:03:02.01. Roth contributions allowed -- Roth and other deferrals permitt…

62:03:03:02.01. Roth contributions allowed -- Roth and other deferrals permitted in same year -- Limits. Repealed. Source: 39 SDR 227, effective July 1, 2013; 52 SDR 10, effective August 5, 2025.

62:03:03:03. Catch up. Repealed. Source: 14 SDR 57, effective October 18, 1987; 24 SDR 160, effective May 24, 1998; 28 SDR 111, effective February 14, 2002; 52 SDR 10, effective August 5, 2025. 62:03:03:03.01. Alternative catch up. Repealed. Source: 28 SDR 111, effective February…

62:03:03:03.01. Alternative catch up. Repealed. Source: 28 SDR 111, effective February 14, 2002; 52 SDR 10, effective August 5, 2025.

62:03:03:03.02. Mandated choice between catch up provisions. Repealed. Source: 28 SDR 111, effective February 14, 2002; 52 SDR 10, effective August 5, 2025.

Rule 62:03:03:04 Repealed. 62:03:03:04. Other limitations.Repealed. Source: 14 SDR 57, effective October 18, 1987; 15 SDR 100, effective January 8, 1989; repealed, 28 SDR 111, effective February 14, 2002.

Rule 62:03:04:01 Repealed. 62:03:04:01. Selection of investments.Repealed. Source: 14 SDR 57, effective October 18, 1987; 24 SDR 160, effective May 24, 1998; repealed, 28 SDR 111, effective February 14, 2002.

62:03:04:02. Ownership of deferrals and investments – Assets held in trust -- Time limit on transfers. 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; 52 S…

62:03:04:03. Election of investments by participants. Repealed. Source: 14 SDR 57, effective October 18, 1987; 24 SDR 160, effective May 24, 1998; 28 SDR 111, effective February 14, 2002; 52 SDR 10, effective August 5, 2025.

62:03:04:04. Transfer of funds. Repealed. Source: 14 SDR 57, effective October 18, 1987; 14 SDR 95, effective January 10, 1988; 24 SDR 160, effective May 24, 1998; 52 SDR 10, effective August 5, 2025.

62:03:04:05. Establishment of accounts. Repealed. Source: 14 SDR 57, effective October 18, 1987; 24 SDR 160, effective May 24, 1998; 39 SDR 227, effective July 1, 2013; 52 SDR 10, effective August 5, 2025. 62:03:04:05.01. Additional recordkeeping requirements -- Designated Roth a…

62:03:04:05.01. Additional recordkeeping requirements -- Designated Roth accounts. Repealed. Source: 39 SDR 227, effective July 1, 2013; 52 SDR 10, effective August 5, 2025.

62:03:04:06. Allocation of investment return – Accounting date. Repealed. Source: 14 SDR 57, effective October 18, 1987; 24 SDR 160, effective May 24, 1998; 52 SDR 10, effective August 5, 2025.

62:03:04:07. Accounting dates and valuation. Repealed. Source: 14 SDR 57, effective October 18, 1987; 24 SDR 160, effective May 24, 1998; 52 SDR 10, effective August 5, 2025.

62:03:04:08. Participant statements. Repealed. Source: 14 SDR 57, effective October 18, 1987; 24 SDR 160, effective May 24, 1998; 52 SDR 10, effective August 5, 2025.

62:03:05:01. Conditions for distribution. Repealed. Source: 14 SDR 57, effective October 18, 1987; 15 SDR 100, effective January 8, 1989; 28 SDR 111, effective February 14, 2002; 33 SDR 212, effective June 4, 2007; 41 SDR 219, effective July 1, 2015; 52 SDR 10, effective August 5…

62:03:05:02. Selection of normal retirement date – Amendment. Repealed. Source: 14 SDR 57, effective October 18, 1987; 24 SDR 160, effective May 24, 1998; 28 SDR 111, effective February 14, 2002; 45 SDR 142, effective July 1, 2019; 52 SDR 10, effective August 5, 2025.

62:03:05:03. Severance from employment. Repealed. Source: 14 SDR 57, effective October 18, 1987; 15 SDR 100, effective January 8, 1989; 28 SDR 111, effective February 14, 2002; 52 SDR 10, effective August 5, 2025.

62:03:05:04. Beginning of distribution. 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; 47 SDR 138, effective July 1, 2021; 52 SDR 10, effective August 5, …

62:03:05:05. Form of distribution – Period of distribution. 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; 52 SDR 10, effective August 5, 2025. 62:03:05:0…

62:03:05:05.01. Distribution directed by participant. Repealed. Source: 39 SDR 227, effective July 1, 2013; 52 SDR 10, effective August 5, 2025.

62:03:05:06. Unforeseeable emergency. 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; 34 SDR 297, effective June 2, 2008; SL 2016, ch 31, § 91, effective July…

62:03:05:07. In-service distributions of small amounts -- Calculation -- Handling of certain involuntary distributions. Repealed. Source: 24 SDR 160, effective May 24, 1998; 28 SDR 111, effective February 14, 2002; SL 2016, ch 31, § 92, effective July 1, 2016; 52 SDR 10, effectiv…

62:03:05:08. 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; 52 SDR 10, effective August 5, 2025.

62:03:06:01. Conflict of interest. Repealed. Source: 14 SDR 57, effective October 18, 1987; 28 SDR 111, effective February 14, 2002; 52 10, effective August 5, 2025.

62:03:06:02. Assignment. Repealed. Source: 14 SDR 57, effective October 18, 1987; 33 SDR 212, effective June 4, 2007; 52 SDR 10, effective August 5, 2025.

62:03:06:03. Trustee-to-trustee transfer and rollover into account. Repealed. Source: 14 SDR 57, effective October 18, 1987; 28 SDR 111, effective February 14, 2002; 34 SDR 297, effective June 2, 2008; 39 SDR 227, effective July 1, 2013; 52 SDR 10, effective August 5, 2025. 62:03…

62:03:06:03.01. Trustee-to-trustee transfer from account. Repealed. Source: 28 SDR 111, effective February 14, 2002; 52 SDR 10, effective August 5, 2025.

62:03:06:03.02. Rollover from account. Repealed. Source: 28 SDR 111, effective February 14, 2002; 33 SDR 212, effective June 4, 2007; 34 SDR 297, effective June 2, 2008; 35 SDR 82, effective October 22, 2008; 52 SDR 10, effective August 5, 2025.

62:03:06:03.03. In-plan Roth conversion. Repealed. Source: 39 SDR 227, effective July 1, 2013; 52 SDR 10, effective August 5, 2025.

62:03:06:04. Operation of plan for benefit of participants – Assets held in trust. Repealed. Source: 14 SDR 57, effective October 18, 1987; 24 SDR 160, effective May 24, 1998; 52 SDR 10, effective August 5, 2025.

Rule 62:03:06:05 Repealed. 62:03:06:05. Transfer of accounts upon termination of vendor contract.Repealed. Source: 14 SDR 57, effective October 18, 1987; 24 SDR 160, effective May 24, 1998; repealed, 28 SDR 111, effective February 14, 2002.

62:03:06:06. Filing of required forms. Repealed. Source: 14 SDR 57, effective October 18, 1987; 15 SDR 100, effective January 8, 1989; 24 SDR 160, effective May 24, 1998; 52 SDR 10, effective August 5, 2025.

62:03:06:07. Correction of errors -- Excess deferrals. Repealed. Source: 14 SDR 57, effective October 18, 1987; 24 SDR 160, effective May 24, 1998; 39 SDR 227, effective July 1, 2013; 52 SDR 10, effective August 5, 2025.

62:03:06:08. Correction of errors -- Payroll error. Repealed. Source: 14 SDR 57, effective October 18, 1987; 24 SDR 160, effective May 24, 1998; 52 SDR 10, effective August 5, 2025.

62:03:07:01. Automatic enrollment units -- Automatic escalation -- Decision -- Rescission of unit's status -- Automatic enrollee's status. Repealed. Source: 35 SDR 82, effective October 22, 2008; 41 SDR 219, effective July 1, 2015; 52 SDR 10, effective August 5, 2025. 62:03:07:01…

62:03:07:01.01. Automatic escalation for participating employers that became automatic enrollment units prior to July 1, 2015. Repealed. Source: 41 SDR 219, effective July 1, 2015; 52 SDR 10, effective August 5, 2025.

62:03:07:01.02. Start of automatic escalation at election of unit -- Notice required. Repealed. Source: 41 SDR 219, effective July 1, 2015; 52 SDR 10, effective August 5, 2025.

62:03:07:02. Automatic enrollment. Repealed. Source: 35 SDR 82, effective October 22, 2008; 41 SDR 219, effective July 1, 2015; SL 2018, ch 34, § 2, effective July 1, 2018; SL 2019, ch 23, § 12, effective July 1, 2019; 45 SDR 142, effective July 1, 2019; 52 SDR 10, effective Augu…

62:03:07:02.01. Members employed by participating employers other than the state before automatic enrollment established. Repealed. Source: SL 2018, ch 34, § 3, effective July 1, 2018; SL 2019, ch 23, § 13, effective July 1, 2019; 52 SDR 10, effective August 5, 2025.

62:03:07:03. Amount of initial deferral -- Election to opt out -- Time limit -- Refund -- Future participation. Repealed. Source: 35 SDR 82, effective October 22, 2008; 41 SDR 219, effective July 1, 2015; 52 SDR 10, effective August 5, 2025. 62:03:07:03.01. Automatic escalation -…

62:03:07:03.01. Automatic escalation -- No escalation in first year of hire. Repealed. Source: 41 SDR 219, effective July 1, 2015; 52 SDR 10, effective August 5, 2025.

62:03:07:04. Automatic enrollment deemed contract -- Exceptions. Repealed. Source: 35 SDR 82, effective October 22, 2008; 41 SDR 219, effective July 1, 2015; 52 SDR 10, effective August 5, 2025.

62:03:07:05. Qualified default investment alternative -- Secondary alternative -- Liability. Repealed. Source: 35 SDR 82, effective October 22, 2008; 52 SDR 10, effective August 5, 2025.