South Dakota Administrative Code

Rule 20:16:15:30 Reference to other documents. 20:16:15:30. Reference to other documents. Any reference in the plan to rights under the plan shall be construed as reference to rights also under any instrument, trust agreement, or insurance or annuity contract created or entered i…

Rule 20:16:15:31 Rounding of benefit amounts. 20:16:15:31. Rounding of benefit amounts. The monthly amount of pension benefits, as computed in accordance with §§ 20:16:15:06 to 20:16:15:16, inclusive, or if any adjustment provided elsewhere is applied, shall be rounded to the nex…

Rule 20:16:15:32 Improvement factor. 20:16:15:32. Improvement factor. The benefits described in this chapter shall be increased by an amount equal to two percent of the initial benefit amount, not compounded, for each year commencing on the July 1 that is at least 12 months follo…

Rule 20:16:15:33 Repealed. 20:16:15:33. Statutory limitation. Repealed. Source: 28 SDR 109, effective February 11, 2002; 36 SDR 207, effective July 1, 2010; 40 SDR 197, effective March 23, 2014; 45 SDR 142, effective July 1, 2019.

Rule 20:16:15:34 Privatization of the plant. 20:16:15:34. Privatization of the plant. The plant was privatized on March 16, 2001. Any pensioner or former employee who qualifies to be an inactive vested employee affected by the privatization is entitled to the benefits accrued as …

Rule 20:16:15:35 Amendment and termination of the plan. 20:16:15:35. Amendment and termination of the plan. The board reserves the right to amend this plan at any time subject to Internal Revenue Code rules regarding accrued benefits of the participants. No modification or amendm…

Rule 20:16:17:01 Definitions. 20:16:17:01. Definitions. Terms used in this chapter mean: (1) "Plan," "pension plan," the retirement plan set forth in this chapter and any modifications, amendments, extensions, or renewals of it; (2) "Collective bargaining agreement," a written co…

Rule 20:16:17:02 Term of coverage. 20:16:17:02. Term of coverage. Retirement Plan 4A covers any employee who retired from employment or terminated employment and who qualifies to be an inactive vested employee with the commission from October 1, 1978, to June 30, 1999, inclusive.…

Rule 20:16:17:03 Participation in benefits. 20:16:17:03. Participation in benefits. Any employee is eligible to participate in the pension plan. Source: 28 SDR 109, effective February 11, 2002; 36 SDR 207, effective July 1, 2010; 40 SDR 197, effective May 27, 2014; 45 SDR 142, ef…

Rule 20:16:17:04 Repealed. 20:16:17:04. Contributions by the commission. Repealed. Source: 28 SDR 109, effective February 11, 2002; 36 SDR 207, effective July 1, 2010; repealed, 40 SDR 197, effective May 27, 2014.

Rule 20:16:17:05 Forfeiture. 20:16:17:05. Forfeiture. Any amount that is forfeited by an employee pursuant to any of the provisions of this plan shall remain in the fund. Source: 28 SDR 109, effective February 11, 2002; 36 SDR 207, effective July 1, 2010; 40 SDR 197, effective Ma…

Rule 20:16:17:06 Qualifications for normal pension. 20:16:17:06. Qualifications for normal pension. A retiring employee is entitled to a normal pension if the employee meets all of the following requirements: (1) Has attained the age of 65; (2) Has accumulated at least five years…

Rule 20:16:17:07 Amount of the normal pension. 20:16:17:07. Amount of the normal pension. The normal pension amount for any employee employed prior to July 1, 1977, and not retired before February 1, 1977, is one and four-tenths percent of final average earnings times the number …

Rule 20:16:17:08 Qualifications for early retirement pension. 20:16:17:08. Qualifications for early retirement pension. An employee or former employee is entitled to an early retirement pension if the employee meets all the following requirements: (1) Has attained the age of 62 b…

Rule 20:16:17:09 Amount of the early retirement pension. 20:16:17:09. Amount of the early retirement pension. The amount of the early retirement pension shall be determined by calculating the amount of the normal pension to which the employee would be entitled if the employee wer…

Rule 20:16:17:10 Disability pension. 20:16:17:10. Disability pension. An employee is entitled to a disability pension if the employee meets all the following requirements: (1) Has become totally disabled on or after the date the plan was restated; (2) Has completed at least three…

Rule 20:16:17:11 Amount of the disability pension. 20:16:17:11. Amount of the disability pension. The disability pension shall be equal to 50 percent of the highest annual earnings earned in any one of the three years immediately preceding the date of disability, increased by 10 …

Rule 20:16:17:12 Disability pension payments. 20:16:17:12. Disability pension payments. Payment of the disability pension shall begin five months after the month in which the disability occurs and shall continue thereafter for as long as the disability pensioner remains totally d…

Rule 20:16:17:13 Deduction of other public benefits from disability pension. 20:16:17:13. Deduction of other public benefits from disability pension. Disability allowances shall be reduced by an amount equal to the other public benefits paid or payable. Disability allowances paya…

Rule 20:16:17:14 Reduction of disability pension of earnings in employment. 20:16:17:14. Reduction of disability pension of earnings in employment. If a person receiving a disability pension is employed or is self-employed in any capacity, the disability pension shall be reduced …

Rule 20:16:17:15 Reemployment of a disability pensioner. 20:16:17:15. Reemployment of a disability pensioner. A disability pensioner who is no longer entitled to a disability benefit may be entitled to a normal or early pension unaffected by the prior receipt of a disability pens…

Rule 20:16:17:16 Conversion of disability pension to normal retirement pension at retirement age. 20:16:17:16. Conversion of disability pension to normal retirement pension at retirement age. When a person who is receiving a disability pension reaches normal retirement age, or at…

Rule 20:16:17:17 Family benefits payable on death of employee before retirement. 20:16:17:17. Family benefits payable on death of employee before retirement. If an employee with five years of credited service dies after January 31, 1977, but prior to the earlier of either the emp…

Rule 20:16:17:18 Deduction of other public benefits from family benefits. 20:16:17:18. Deduction of other public benefits from family benefits. All other public benefits payable to a beneficiary shall be deducted from the family benefits provided in § 20:16:17:17. Source: 28 SDR …

Rule 20:16:17:19 Election of additional survivor protection option -- Beginning and end of additional contribution. 20:16:17:19. Election of additional survivor protection option -- Beginning and end of additional contribution. Within 90 days after becoming an employee or marryin…

Rule 20:16:17:20 Amount of additional survivor protection benefits -- Termination. 20:16:17:20. Amount of additional survivor protection benefits -- Termination. The additional survivor protection payable under § 20:16:17:19 shall, on the death of the employee or expiration of be…

Rule 20:16:17:21 Normal form of pension benefits. 20:16:17:21. Normal form of pension benefits. The normal form of pension benefits is a life annuity, payable monthly, beginning on the employee's retirement date and continuing to the last monthly payment for the month in which th…

Rule 20:16:17:22 Joint and survivor benefit. 20:16:17:22. Joint and survivor benefit. In lieu of the pension otherwise payable, an employee entitled to a normal or early retirement pension may elect to receive a smaller monthly pension during the employee's lifetime by electing a…

Rule 20:16:17:23 Election of joint and survivor benefit. 20:16:17:23. Election of joint and survivor benefit. To be effective, a joint and survivor option election shall be made by written request filed with the board not less than 12 months prior to the employee's retirement dat…

Rule 20:16:17:24 Effective date of joint and survivor benefit. 20:16:17:24. Effective date of joint and survivor benefit. The joint and survivor option shall take effect only if the pensioner and the pensioner's contingent annuitant are both alive on the date when it is to take e…

Rule 20:16:17:25 Revocation of joint and survivor benefit. 20:16:17:25. Revocation of joint and survivor benefit. Once elected, the joint and survivor option may not be revoked except under the following conditions: (1) Revocation must be made in writing in a form prescribed by t…

Rule 20:16:17:26 Limitation of joint and survivor benefit option. 20:16:17:26. Limitation of joint and survivor benefit option. The joint and survivor option may not be paid if payment would result in a monthly pension of less than $20 to the pensioner or the contingent annuitant…

Rule 20:16:17:27 Credited service. 20:16:17:27. Credited service. Credited service under the plan means the last period of continuous employment with the commission prior to termination of employment for the purpose of retirement. Credited service may not exceed 35 years except a…

Rule 20:16:17:28 Interruption of continuous employment. 20:16:17:28. Interruption of continuous employment. If continuous employment is interrupted for any cause, except as provided in the plan, any credited service accrued for periods of employment prior to the interruption may …

Rule 20:16:17:29 Vesting of service credits. 20:16:17:29. Vesting of service credits. An employee who terminates employment for any reason other than death or early or normal retirement is entitled to a deferred pension if the employee has accumulated at least five years of credi…

Rule 20:16:17:30 Advance written applications required. 20:16:17:30. Advance written applications required. An application for the commencement of pension benefits shall be in writing on a form and in a manner prescribed by the board, and shall be filed with the board in advance …

Rule 20:16:17:31 Information required. 20:16:17:31. Information required. An employee, pensioner, or beneficiary shall furnish the board with any information or proof requested by it and reasonably required to administer the plan. Failure on the part of any person to comply with …

Rule 20:16:17:32 Payments for incompetents. 20:16:17:32. Payments for incompetents. If a pensioner or beneficiary is mentally or physically incompetent, payments shall be made to the person who has satisfied the board that he or she is caring for the pensioner or beneficiary. Suc…

Rule 20:16:17:33 Nonalienation of benefits. 20:16:17:33. Nonalienation of benefits. No benefit payable at any time under the plan may be subject in any manner to alienation, sale, transfer, assignment, pledge, attachment, or encumbrance of any kind. An attempt to encumber a benef…

Rule 20:16:17:34 Terms of employment not affected. 20:16:17:34. Terms of employment not affected. Under no circumstances may an employee's participation in the plan be construed to constitute a contract of continuing employment or in any manner obligate the commission to continue…

Rule 20:16:17:35 Reference to other documents. 20:16:17:35. Reference to other documents. A reference in the plan to rights under the plan shall be construed as a reference to rights also under any other instrument, trust agreement, or insurance or annuity contract created or ent…

Rule 20:16:17:36 Rounding of benefit amounts. 20:16:17:36. Rounding of benefit amounts. The monthly amount of pension benefits, as computed in accordance with §§ 20:16:17:06 to 20:16:17:21, inclusive, or if an adjustment provided elsewhere is applied, shall be rounded to the next…

Rule 20:16:17:37 Improvement factor. 20:16:17:37. Improvement factor. The annual increase in the amount of the benefit allowance for each year commencing on the July first that is at least 12 months following the date on which the benefit was first payable shall be equal to 50 pe…

20:16:17:38. Minimum distribution requirements. Benefit payments under this plan shall follow the minimum distribution rules of § 401(a)(9) of the Internal Revenue Code, as the code is defined in § 3-12C-101, and as set forth in §§ 3-12C-1901 to 3-12C-1905, inclusive. Source: 28 …

20:16:17:39. Limitation on benefits. This section does not constitute an election under § 415(b)(10)(C) of the Internal Revenue Code. Benefit payments under this plan shall follow the annual benefit limitations of § 415(b)(1)(A) of the Internal Revenue Code, as the code is define…

Rule 20:16:17:40 Privatization of the plant. 20:16:17:40. Privatization of the plant. The plant was privatized on March 16, 2001. Any pensioner or former employee who qualifies to be an inactive vested employee affected by the privatization is entitled to the benefits accrued as …

Rule 20:16:17:41 Amendment and termination of the plan. 20:16:17:41. Amendment and termination of the plan. The board reserves the right to amend this plan at any time subject to Internal Revenue Code rules regarding accrued benefits of participants. No modification or amendment …