Title 3, PUBLIC OFFICERS AND EMPLOYEES

No person shall be entitled to receive a benefit provided under more than one provision of this chapter at one time, unless such benefit is derived from the contributions of another member. Source: SL 1974, ch 35 , § 63; SL 1977, ch 28 , § 13; SDCL § 3-12-109 ; SL 2019, ch 22 , §…

A member who leaves the employment of a participating unit is not entitled to disability benefits and the member's surviving spouse and minor children are not entitled to any benefits pursuant to this chapter. Source: SL 2019, ch 22 , § 22.

The board may promulgate rules, in accordance with chapter 1-26 , to regulate the maximum annual benefit that may be paid to a member. The rules must be consistent with maintaining the tax qualification of the system. No benefit may exceed the limitations imposed by § 415 of the …

If a member has been credited with less than ten years of credited service, the maximum annual retirement benefit must be reduced by multiplying the maximum annual pension by a fraction, the numerator of which is the number of the member's years of credited service and the denomi…

Any compensation in excess of the limits established in § 401(a)(17) of the Internal Revenue Code shall be disregarded for purposes of contributions and benefit calculations under the system. Any benefit calculations for members subject to the limits established in § 401(a)(17) o…

For purposes of this section, the term, contribution credit, means the employer and member contributions, reduced by any variable retirement contributions, on compensation not included in the computation of final average compensation as a result of the final average compensation …

The Board of Trustees shall set the criteria for determining the disability of members. Methods of disability determination shall be applied uniformly and consistently to all members applying for the disability benefits. Source: SL 1974, ch 35 , § 54; SDCL § 3-12-100 ; SL 2019, c…

An application for disability benefits pursuant to this chapter, any associated evidence and documents, and the disability determination and decision related thereto shall be inadmissible and nondeterminative for any associated proceeding relative to Title 62. Source: SL 1995, ch…

A contributing member who becomes disabled and who has acquired at least three years of contributory service or noncontributory service since the member's most recent entry into active status and prior to becoming disabled or was disabled by accidental means while performing usua…

No application for disability benefits pursuant to § 3-12C-803 , may be determined until the employer has certified to the system that, within the employer's understanding of the member's medical condition and the employer's knowledge of the member's employment requirements and d…

The disability benefit for the first thirty-six months shall be equal to fifty percent of the member's final average compensation immediately preceding the date of disability, increased by ten percent of such compensation for each child to a maximum of four such children. Startin…

That portion of a disability benefit that is payable on account of children shall be eliminated as each child becomes ineligible. However, the portion of a disability benefit that is payable on account of children shall increase if a disabled member gains an additional child who …

Disability benefits shall be reduced by an amount equal to the unmodified benefits paid or payable under other public systems. Disability benefits payable on account of children shall be reduced when children become ineligible. In no event may the annual amount of a disability be…

When a member who is receiving a disability benefit reaches age sixty-five, or at a later date if there are no eligible children, or if over age sixty at the time of commencement of disability, after a period of five years, the member's disability benefit must be terminated and t…

A member's disability benefit that was based on an application received by the system prior to July 1, 2015, must terminate thirty days after the earliest of the following: (1) The member is no longer disabled; (2) The member is no longer subject to the medical condition that cau…

For the first thirty-six months of a disability benefit provided by § 3-12C-805 , the maximum amount a member may receive in any calendar year from the disability benefit and earned income, as defined in § 32(c)(2) of the Internal Revenue Code, is one hundred percent of the membe…

The provisions of §§ 3-12C-812 to 3-12C-828 , inclusive, apply to any member whose application for disability benefits is received by the system after June 30, 2015. Source: SL 2019, ch 22 , § 27.

A contributing member who becomes disabled and who has acquired at least three years of contributory service or noncontributory service since the member's most recent entry into active status and before becoming disabled, or was disabled by accidental means while performing usual…

Any member seeking disability benefits pursuant to § 3-12C-812 shall submit an application to the executive director. Any information required for a complete application must be received within one year after the application for disability benefits was received. If the required i…

No application for disability benefits pursuant to § 3-12C-812 may be determined until the member's employer has submitted a completed form and supporting documentation that provides the member's position, usual duties of the position, any modifications or accommodations provided…

No application for disability benefits pursuant to § 3-12C-812 may be determined until a health care provider has completed a form providing an evaluation of the member’s diagnosis, complicating conditions, including limitations or restrictions, and the member’s ability to perfor…

Upon receipt of an application for disability benefits after June 30, 2015, along with statements from a health care provider and the member's employer, the executive director shall determine whether the member is eligible for disability benefits. The executive director may reque…

A member whose application for disability benefits is approved shall receive the benefits beginning with the month following the date on which the member's contributory service terminates. If any member fails to terminate contributory service within one year after receiving notic…

The disability benefit approved pursuant to § 3-12C-817 is the greater of the following calculations: (1) Twenty-five percent of the foundation member's final average compensation at the date of disability; or (2) The foundation member's unreduced accrued retirement benefit at th…

The disability benefit approved pursuant to § 3-12C-817 is the greater of the following calculations: (1) Twenty-five percent of the generational member's final average compensation at the date of disability; or (2) The generational member's unreduced accrued retirement benefit a…

No member may receive credited service for the period during which the member receives disability benefits. Source: SL 2014, ch 20 , § 8; SDCL § 3-12-208 ; SL 2019, ch 22 , §§ 29, 45.

If a member receiving disability benefits becomes employed by a participating unit, the member and employer shall make active contributions pursuant to § 3-12C-401 during the period of the employment. The contributions required of the member pursuant to § 3-12C-401 shall be depos…

A member's disability benefits terminate if the member is no longer disabled, as certified by a health care provider. Upon receipt of certification, the executive director shall determine whether the member meets the qualifications for disability benefits. In making this determin…

If a member's disability benefits have terminated and the member returns to covered employment, the member and employer shall make contributions pursuant to § 3-12C-401 . Source: SL 2014, ch 20 , § 11; SDCL § 3-12-211 ; SL 2019, ch 22 , §§ 32, 45.

Upon retirement, a member who received disability benefits and whose benefits were terminated and who returned to covered employment shall receive a retirement benefit based on the member's credited service before receiving disability benefits and after receiving disability benef…

Upon retirement, a member who received disability benefits and whose benefits were terminated and who did not return to covered employment shall receive a retirement benefit based on the member's credited service before receiving disability benefits. The final average compensatio…

Upon the death of a member receiving disability benefits, who dies prior to normal retirement age, a family benefit must be paid on behalf of any eligible child of the member. The monthly amount of the family benefit is the amount of the monthly disability benefits the member rec…

If no family benefit is being paid, a surviving spouse of a foundation or generational member who received disability benefits shall, upon attaining the age of sixty-five or sixty-seven, respectively, receive a monthly benefit, payable for the life of the surviving spouse, equal …

If a member dies after normal retirement age while receiving disability benefits, and no other benefits are being paid on behalf of the member, the member's surviving spouse shall receive a surviving spouse benefit, payable in monthly installments, equal to sixty percent of the m…

On the death of a contributing member before July 1, 2015, and before the earlier of the member attaining normal retirement age or the member's retirement, who has one or more years of contributory service; or if there has been a break in the member's employment of more than one …

Any payment of any benefit to a minor pursuant to the provisions of this chapter shall be made on the minor's behalf to a custodian or conservator appointed by law. However, if no custodian or conservator is appointed and the amount payable does not exceed ten thousand dollars ea…

The conservator and custodian provisions of subdivision 3-12C-901(2) and § 3-12C-902 notwithstanding, the benefit becomes payable directly to a child when the child reaches eighteen years of age. The benefit shall be eliminated when the child becomes ineligible. Source: SL 2011, …

The portion of a family benefit that is payable on account of children pursuant to subdivision 3-12C-901(1) shall be eliminated as each child becomes ineligible. The benefit shall be eliminated altogether when the youngest child becomes ineligible. Source: SL 2011, ch 22 , § 2; S…

Seventy-five percent of a member's primary social security, without regard to any improvements, shall be deducted from the benefits provided in subdivisions 3-12C-901(1) and (2). Source: SL 1974, ch 35 , § 51; SL 1977, ch 28 , § 10; SL 1986, ch 37 , § 6; SL 1994, ch 35 , § 1; SDC…

Family benefits payable under § 3-12C-901 are in lieu of the death benefits payable under any other provision of this chapter except that a designated beneficiary may elect, subject to a deduction for any benefits previously paid, prior to the receipt of the first payment under s…

On the death of a contributing member after June 30, 2015, who has acquired at least three years of contributory service or noncontributory service, or who died while performing usual duties for an employer, and prior to the earlier of the member attaining normal retirement age o…