South Dakota Administrative Code

Rule 20:16:19:13 Deduction of other public benefits from disability pension. 20:16:19:13. Deduction of other public benefits from disability pension. The initial Social Security benefit or other public benefit payable to the pensioner shall be deducted from the disability pension…

Rule 20:16:19:14 Reduction of disability pension of earnings in employment. 20:16:19:14. 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 20:16:19:15 Reemployment of a disability pensioner. 20:16:19:15. Reemployment of a disabled pensioner. A 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 pension. Source: …

Rule 20:16:19:16 Conversion of disability pension to normal retirement pension at retirement age. 20:16:19:16. 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 20:16:19:17 Family benefits payable on death of employee before retirement. 20:16:19:17. Family benefits payable on death of employee before retirement. If an employee with three years of credited service dies after April 30, 2000, but prior to the earlier of either the empl…

Rule 20:16:19:18 Deduction of Social Security benefits from family benefits. 20:16:19:18. Deduction of Social Security benefits from family benefits. The initial Social Security benefits payable to a beneficiary shall be deducted from the family benefits provided in § 20:16:19:17…

Rule 20:16:19:19 Election of additional survivor protection option. 20:16:19:19. Election of additional survivor protection option. Within 90 days after becoming an employee or marrying or attaining age 35 an employee may elect to provide the employee's spouse with additional sur…

Rule 20:16:19:20 Amount of additional survivor protection benefits. 20:16:19:20. Amount of additional survivor protection benefits. The additional survivor protection payable under § 20:16:19:19 shall, on the death of the employee or expiration of benefits that may have been paid…

Rule 20:16:19:21 Normal form of pension benefits. 20:16:19:21. 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 20:16:19:22 Joint and survivor benefit. 20:16:19:22. Joint and survivor benefit. Upon the death of any pensioner, any employee, or former employee who has reached normal retirement age, the surviving spouse is eligible to receive a normal pension benefit, payable in monthly …

Rule 20:16:19:23 Election of joint and survivor benefit. 20:16:19:23. Election of joint and survivor benefit. To be effective, the 100 percent joint and survivor option election shall be made by written request filed with the board not less than 12 full calendar months prior to t…

Rule 20:16:19:24 Effective date of joint and survivor benefit. 20:16:19:24. Effective date of joint and survivor benefit. The joint and survivor option shall take effect only if the pensioner and pensioner's contingent annuitant are both alive on the date when it is to take effec…

Rule 20:16:19:25 Revocation of joint and survivor benefit. 20:16:19:25. 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 20:16:19:26 Limitation of joint and survivor benefit option. 20:16:19:26. 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 20:16:19:27 Credited service. 20:16:19:27. Credited service. Credited service under the plan means the last period of continuous employment as a full-time employee with the commission prior to termination of employment for the purpose of retirement. However, if a temporary e…

Rule 20:16:19:28 Privatization of the plant -- Effect on benefits. 20:16:19:28. Privatization of the plant -- Effect on benefits. Any employee, former employee, pensioner, or any other person affected by the privatization of the plant is entitled to the benefits accrued as of the…

Rule 20:16:19:29 Interruption of continuous employment. 20:16:19:29. 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 20:16:19:30 Vesting of service credits. 20:16:19:30. 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 three years of cred…

Rule 20:16:19:31 Purchase of credited service. 20:16:19:31. Purchase of credited service. Any employee may elect to purchase additional credit for years of service for which the employee is not presently receiving credit for the purpose of determining eligibility for benefits und…

Rule 20:16:19:32 Advance written applications required. 20:16:19:32. 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 20:16:19:33 Information required. 20:16:19:33. 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 20:16:19:34 Payments for incompetents. 20:16:19:34. Payments for incompetents. If a pensioner or beneficiary is mentally or physically incompetent, payments shall be made to any person who has satisfied the board that he or she is caring for the pensioner or beneficiary. Suc…

Rule 20:16:19:35 Nonalienation of benefits. 20:16:19:35. 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 20:16:19:36 Terms of employment not affected. 20:16:19:36. 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 20:16:19:37 Reference to other documents. 20:16:19:37. Reference to other documents. Any 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 e…

Rule 20:16:19:38 Rounding of benefit amounts. 20:16:19:38. Rounding of benefit amounts. The monthly amount of pension benefits, as computed in accordance with §§ 20:16:19:07 to 20:16:19:21, inclusive, or if an adjustment provided elsewhere is applied, shall be rounded to the next…

Rule 20:16:19:39 Improvement factor. 20:16:19:39. Improvement factor. The annual increase in the amount of the benefit paid 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 3.1 percent, compou…

20:16:19:40. Minimum distribution requirements. Benefit payments 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 SDR 109, effecti…

20:16:19:41. 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 20:16:19:42 Amendment and termination of the plan. 20:16:19:42. 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 20:16:19:43 Reversion of funds. 20:16:19:43. Reversion of funds. 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 20:18:01:01 Definitions. 20:18:01:01. Definitions. In addition to the terms in SDCL 42-7B-4, terms used in this article mean: (1) "Association," a body of persons united and acting together without a corporate charter; (2) "Background investigation," the security, medical, a…

Rule 20:18:01:02 Prohibitions. 20:18:01:02. Prohibitions. A commission member, officer, agent, or employee of the commission may not receive anything of value from a licensee or an officer, agent, or employee of a licensee. A commission member, officer, agent, or employee of the …

Rule 20:18:01:03 Prohibitions on gaming. 20:18:01:03. Prohibitions on gaming. A commission member, officer, agent, or employee of the commission may not participate in any gaming authorized by this article. Violation of this section, knowingly, by a licensee or the licensee's off…

Rule 20:18:01:04 Service and filing. 20:18:01:04. Service and filing. If a filing or a service of notice on the commission or executive secretary is permitted or required by this article or SDCL 42-7B, the filing or notice may be delivered in person or mailed to the commission. A…

Rule 20:18:01:05 Commission action. 20:18:01:05. Commission action. The commission may take action by a mail ballot or a telephone conference call. If a telephone conference call is used, the executive secretary must participate in the call and take minutes of the commission's ac…

Rule 20:18:01:06 Association -- Powers. 20:18:01:06. Association -- Powers. An association may use the methods and forms used by incorporated bodies for the pursuit of a common enterprise. It is an unincorporated society and not a partnership. It may be invested with some corpora…

Rule 20:18:02:01 Attorney for commission. 20:18:02:01. Attorney for commission. The commission may contract for legal counsel and pay the attorney's fees and expenses, under such terms as the commission desires. Source: 16 SDR 57, effective October 1, 1989. General Authority: SDC…

Rule 20:18:03:01 Right of reference. 20:18:03:01. Right of reference. The executive secretary may refer a matter to the commission for its decision. Source: 16 SDR 57, effective October 1, 1989. General Authority: SDCL 42-7B-7. Law Implemented: SDCL 42-7B-1, 42-7B-2, 42-7B-3, 42-…

Rule 20:18:03:02 Right of review. 20:18:03:02. Right of review. The commission may review action taken by the executive secretary by its own motion, by direction of the chairman, or by a request from a member of the commission, the attorney general, or the Governor. Source: 16 SD…

Rule 20:18:03:03 Delegation. 20:18:03:03. Delegation. With the consent of the commission, the executive secretary may delegate an act required to be performed by the executive secretary to any agent or employee of the commission. Source: 16 SDR 57, effective October 1, 1989. Gene…

Rule 20:18:03:04 Transfer of license stamps. 20:18:03:04. Transfer of license stamps. The executive secretary may approve the transfer of license stamps between licensed operators without requiring payment of an additional fee. Source: 38 SDR 213, effective June 18, 2012. General…

Rule 20:18:04:01 Petition for declaratory ruling. 20:18:04:01. Petition for declaratory ruling. A person may petition the commission for declaratory ruling to determine the general application of any statutory provision, rule, or order of the commission or executive secretary. A …

Rule 20:18:04:02 Commission action on petition. 20:18:04:02. Commission action on petition. Upon receipt of a petition, the commission may request from the petitioner other information it requires for the issuance of its ruling. Following receipt of the petition, the commission m…

Rule 20:18:04:03 Number of copies of petition. 20:18:04:03. Number of copies of petition. A person filing a petition for declaratory ruling must file an original with the executive secretary. Source: 16 SDR 57, effective October 1, 1989; 23 SDR 126, effective February 13, 1997. G…

20:18:06:01. Applications. An applicant for a license must apply on a form provided by the commission. The application may include questions concerning the following: (1) Personal background information; (2) Financial information; (3) Information on participation in legal or ille…

20:18:06:02. Fee required with application. An application fee must accompany each application for the following license, game, or game variation approvals in the specified amounts: (1) Slot machine manufacturer or distributor, $5,000; (2) Operator license, $1,000; (3) Route oper…

20:18:06:03. Use of application fee -- Additional fees required. The application fee must be used to conduct the background investigation of the applicant and to defray administrative expenses. If the commission or executive secretary determines that additional sums are needed to…

20:18:06:04. Gaming contracts -- Regulations. An applicant for a license or a licensee must submit a copy of any gaming contract to which the applicant for a license or a licensee is or intends to be a party. The executive secretary, the commission, or both, shall review the cont…

Rule 20:18:06:05 Termination of employment of key or support licensee. 20:18:06:05. Termination of employment of key or support licensee. A key or support licensee who changes employment, is terminated, or resigns employment must notify the executive secretary in writing within s…