Application for retirement benefit--Spouse signature required--Exceptions

No retirement benefit may be paid unless the system has received a completed application for a retirement benefit, including the benefit option elected. The application must be made to the executive director, on a form approved by the system. If the member is married, the member's spouse must sign the form. A member who is married is not required to obtain the signature of the member's spouse if the member submits a completed form, in which the member certifies, under the penalty of perjury, that the member is unable to obtain the signature of the member's spouse because: (1) The member does not know where the member's spouse is and has made a good faith effort to locate the spouse; or (2) Exceptional circumstances make it inappropriate for the member to obtain the signature of the member's spouse. If the member is unable to obtain the signature of the member's spouse for either reason, the member must elect the sixty percent joint and survivor benefit pursuant to § 3-12C-1209 and provide documentation to support the assertion of subdivision (1) or (2) of this section. Source: SL 2016, ch 32 , § 11; SDCL § 3-12-510; SL 2019, ch 22 , § 1; SL 2021, ch 27 , § 4; SL 2024, ch 22 , § 3; SL 2026, ch 24 , § 2.