Title 3 — PUBLIC OFFICERS AND EMPLOYEES
37 chapters · 1,057 sections in this title.
SDCL § 3-12C-705 Date of application of prorated payment of COLA
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Application of prorated payment of the COLA applies only to benefits which were first payable after July 1, 1998, but before July 1, 2010. Source: SL 2010, ch 20 , § 8; SL 2017, ch 27 , § 5; SDCL § 3-12-47.4 ; SL 2019, ch 22 , § 1.
SDCL § 3-12C-706 Modified monthly benefit permitted
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The board may provide under its rules for a modified monthly benefit to a member or beneficiary in lieu of the monthly benefit payable under any provision of this chapter if the benefit is not greater than the actuarial equivalent of the benefit due the member or beneficiary unde…
SDCL § 3-12C-707 Highest annual compensation
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To calculate benefits pursuant to §§ 3-12C-805 , 3-12C-901 , and 3-12C-1004 before July 1, 2004, the system shall use the member's highest annual compensation earned by the member during any one of the last three years of contributory service, so long as it is not more than one h…
SDCL § 3-12C-708 Time of termination of benefits
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Monthly benefits paid to a member cease on the last day of the month in which the member died. Monthly benefits paid to a surviving spouse cease on the last day of the month in which the surviving spouse died. Monthly benefits paid to a child cease on the last day of the month in…
SDCL § 3-12C-709 Duplicate benefits prohibited unless from another member's contributions
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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 , §…
SDCL § 3-12C-710 Member who leaves employment--Spouse and minor children
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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.
SDCL § 3-12C-711.1 Maximum annual benefit--Applicability of limits
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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…
SDCL § 3-12C-712 Compensation limits in Internal Revenue Code § 401(a)(17)
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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…
SDCL § 3-12C-713 If the earliest compensation year includes one or more quarters from the earliest four consecutive calendar quarters in the member's last forty quarters of membership in the system, that compensation year may not be limited
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Compensation in the last calendar quarter considered in the computation of final average compensation is limited to one hundred five percent of the highest compensation considered for any prior calendar quarter during the member's last forty calendar quarters of membership in the…
SDCL § 3-12C-801 Criteria for determining disability--Uniform application
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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…
SDCL § 3-12C-802 Disability documentation inadmissible for proceedings relative to workers' compensation
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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…
SDCL § 3-12C-803 Disability benefits eligibility--Applications before July 1, 2015--Required information--Filing deadline
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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…
SDCL § 3-12C-804 Employer certification--Unable to accommodate
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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…
SDCL § 3-12C-805 Amount of monthly disability benefit--Applications before July 1, 2015
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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…
SDCL § 3-12C-806 Elimination or addition of disability benefit pertaining to children--Applications before July 1, 2015
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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 …
SDCL § 3-12C-807 Deduction of other public benefits from disability benefit--Reduction when children become ineligible--Applications before July 1, 2015
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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…
SDCL § 3-12C-808 Conversion of disability benefit to retirement benefit--Credited service--Applications before July 1, 2015
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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…
SDCL § 3-12C-809 Termination of disability benefit--Conversion to retirement benefit--Applications before July 1, 2015
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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…
SDCL § 3-12C-810 Maximum amount of disability benefit--Reporting earned income--Applications before July 1, 2015
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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…
SDCL § 3-12C-811 Disability benefits for applications received after June 30, 2015
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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.
SDCL § 3-12C-812 Disability benefits eligibility
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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…
SDCL § 3-12C-813 Application for disability benefits--Required information--Filing deadline
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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…
SDCL § 3-12C-814 Employer information--Employment history and accommodations
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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…
SDCL § 3-12C-815 Health care provider information--Disability--Other medical documentation
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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…
SDCL § 3-12C-816 Advice of disability advisory committee--Independent examination or assessment--Notice of disapproval of application
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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…
SDCL § 3-12C-817 Notice of approval of disability benefits--Commencement of benefits
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If the executive director determines that the member whose application was received pursuant to § 3-12C-816 , meets the qualifications to receive disability benefits, a notice of the executive director's determination shall be sent by certified mail to the member's last known add…
SDCL § 3-12C-818 Calculation of disability benefits--Foundation members
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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…
SDCL § 3-12C-819 Disability benefits for generational members
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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…
SDCL § 3-12C-820 No credited service for disability benefit period
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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.
SDCL § 3-12C-821 Contributions for period of employment while receiving disability benefits
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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…
SDCL § 3-12C-822 Termination of disability benefits--Health care provider certification--Determination by executive director--Effective date
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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…
SDCL § 3-12C-823 Contributions upon return to covered employment
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If a member's disability benefits have terminated and the member returns to covered employment, the member and employer shall make contributions pursuant to §
SDCL § 3-12C-824 Retirement benefit of member who received disability benefits and returned to covered employment
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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…
SDCL § 3-12C-825 Retirement benefit of member whose disability benefits were terminated but who did not return to covered employment
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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…
SDCL § 3-12C-826 Family benefit--Member dies before normal retirement age while receiving disability benefits
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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…
SDCL § 3-12C-827 Surviving spouse benefit where member received disability benefits
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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 …
SDCL § 3-12C-828 Surviving spouse benefit where member dies after normal retirement age while receiving disability benefits
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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…
SDCL § 3-12C-901 Family and surviving spouse benefits--Death of contributing member before retirement or death of member receiving disability--Application before July 1, 2015--Benefit amount--Effective date--Care of children defined
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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 …
SDCL § 3-12C-902 Payment or delivery to minors
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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…
SDCL § 3-12C-903 Benefits payable directly to child at age eighteen--Elimination upon ineligibility
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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, …
SDCL § 3-12C-904 Elimination of family benefit as children become ineligible
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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…
SDCL § 3-12C-905 Deductions of member's primary social security from benefits
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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…
SDCL § 3-12C-906 Family benefits in lieu of other death benefits--Election by designated beneficiary to withdraw accumulated contributions
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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…
SDCL § 3-12C-907 Family benefit--Deceased member who was working--Total benefit--Effective date
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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…