Title 3 — PUBLIC OFFICERS AND EMPLOYEES
37 chapters · 1,057 sections in this title.
SDCL § 3-13-100 Automatic enrollment--Initial deferrals--Election to not participate--Refund--Effect
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Upon initially becoming an automatic enrollee, twenty-five dollars per month must be deferred to the plan from the compensation of an automatic enrollee, unless the automatic enrollee elects not to participate in the plan within ninety days after the automatic enrollee's first pa…
SDCL § 3-13-101 Automatic enrollment--Automatic escalation--Circumstances for no escalation
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Beginning in 2016 and each year thereafter, automatic escalation for an automatic enrollee means an additional ten dollars per month must be deferred to the plan from the compensation of an automatic enrollee of an automatic enrollment unit that elected automatic escalation or be…
SDCL § 3-13-102 Automatic enrollment--Contract
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Automatic enrollment, pursuant to § 3-13-98 , is deemed a contract to participate, and to defer the amount specified in § 3-13-100 or revised by § 3-13-101 , or specified by the enrollee, until the automatic enrollee chooses to withdraw from the plan. Source: SL 2025, ch 27 , § 1…
SDCL § 3-13-103 Automatic enrollment--Qualified default investment alternative--Secondary alternative--Liability
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The deferred compensation of an automatic enrollee must be deposited in a qualified default investment alternative selected by the state investment officer pursuant to § 3-13-51.1 , unless the automatic enrollee affirmatively selects another investment alternative within the plan…
SDCL § 3-13-104 Automatic enrollment--Notices required
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Within fifteen days of the system's receipt of the automatic enrollee's initial deferral, the system shall provide notice to the automatic enrollee of the enrollee's right not to participate in the plan. Within one year after an automatic enrollee's first compensation deferral an…
SDCL § 3-13-105 Automatic enrollment--Automatic escalation--Notice--Election to opt out--Automatic enrollee status
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The system shall provide no less than sixty days' notice of each annual automatic escalation, pursuant to §
SDCL § 3-13-106 Automatic enrollment--Advance authorization not required
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Automatic enrollment or automatic escalation, pursuant to this chapter, does not require advance authorization by the automatic enrollee. This section is an exception to the provisions of any state law requiring employee authorization for a payroll deduction or any similar ordina…
SDCL § 3-13-49 State deferred compensation plan--Agreements in writing--Administrative charge--Amounts deferred remitted to state deferred compensation fund
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The board may establish the South Dakota deferred compensation plan for state government and political subdivision governments as determined by the board. Any eligible person wishing to participate shall execute such agreements as the board may require and shall specify in writin…
SDCL § 3-13-49.1 Political subdivisions
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Notwithstanding the provisions of § 3-13-49 , any political subdivision may establish a deferred compensation program for its employees. Participation in such program shall be by written agreement between the employees and the governing body of the political subdivision. The agre…
SDCL § 3-13-50 Administration of plan--Hiring and remuneration of additional employees
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The executive director shall administer the plan. The executive director may hire additional employees as may be required and shall set the remuneration of the employees. Source: SL 1987, ch 38 , § 2; SL 2016, ch 31 , § 49.
SDCL § 3-13-51 SDCL 3-13-51
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Repealed by SL 2000, ch 27 , § 1.
SDCL § 3-13-51.1 Investment of funds--Investment officer as fiduciary
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A participant may invest in any investment selected by the state investment officer, including annuity contracts. The state investment officer may enter into contracts for investment alternatives. The executive director or third-party administrator may transfer funds to, from, an…
SDCL § 3-13-51.2 Executive director and investment officer to execute necessary agreements
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The executive director shall execute any agreements necessary to carry out the provisions of this chapter, except agreements as are executed by the state investment officer pursuant to §
SDCL § 3-13-51.3 Default designation of new investment selection upon termination of participant's contract
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If a contract with a vendor terminates and a participant fails to notify the third - party administrator of the participant's new investment selection before the contract terminates, the third - party administrator shall transfer that participant's account to the investment alter…
SDCL § 3-13-52 Limitation of liability to participants
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Neither the plan nor any participating employer may have any liability to any participant for losses arising out of any decrease in the value of any investments held by the plan. The liability of the plan to any participant is limited to the value of the participant's account on …
SDCL § 3-13-53 Deferred compensation fund
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The South Dakota deferred compensation fund is hereby established. All compensation deferred pursuant to this chapter shall be deposited in the fund. Expenditures from the fund shall be paid on warrants drawn by the state auditor on vouchers approved by the executive director. Al…
SDCL § 3-13-54 Promulgation of rules--Limitation on availability of accumulated deferred compensation to participant--Exception
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The board may promulgate rules pursuant to chapter 1-26 concerning the time and amount of compensation which may be deferred, the persons who may participate in the plan, the conditions of participation, the time and manner in which accumulated deferrals may be made available to …
SDCL § 3-13-55 Definition of terms
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The definitions contained in chapter 3-12C apply to this chapter unless the context clearly otherwise requires. Terms used in this chapter mean: (1) "Account," the record for each participant reflecting the amount of the participant's deferrals, allocated investment gains and los…
SDCL § 3-13-56 Automatic enrollment feature
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The board may establish an automatic enrollment feature within the plan by rules promulgated pursuant to chapter 1-26 and §
SDCL § 3-13-56.1 Enrollment--Effective date--Deferral
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An eligible employee may become a participant by signing a participation agreement. Participation is effective on the first available pay date following the execution of the participation agreement, subject to the timing of payroll processing by the participant’s employer. If a p…
SDCL § 3-13-56.2 Enrollment--Form
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The executive director shall establish a participation agreement form that includes: (1) The name, address, social security number, and birthdate of the participant and the participant's beneficiary; (2) The name and address of the participant's employer; (3) The participant's se…
SDCL § 3-13-56.3 Enrollment--Modification
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A participant may modify the terms of the participant's participation at any time, subject to the limitations contained in this chapter. Source: SL 2025, ch 27 , § 79.
SDCL § 3-13-56.4 Minimum deferral
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A participant may not defer less than twenty-five dollars per month. Source: SL 2025, ch 27 , § 80.
SDCL § 3-13-56.5 Maximum deferral
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Except as provided for in §§ 3-13-65 and 3-13-66 , a participant may not defer more in any plan year than the lesser of: (1) The applicable dollar amount associated with a particular year pursuant to § 457(e)(15)(A) of the Internal Revenue Code, as indexed after 2006 pursuant to …
SDCL § 3-13-56.6 Employer contribution--System contribution--Vesting
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A participating employer or the system may make contributions to a participant's account on behalf of the participant, except during an automatic enrollee's ninety-day opt-out period, as provided for in §
SDCL § 3-13-56.7 Ceasing of deferrals
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A participant may cease making deferrals at any time. Source: SL 2025, ch 27 , § 83.
SDCL § 3-13-56.8 Designation of beneficiary--Distribution on death
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A participant may designate a beneficiary to receive the participant's benefits under the plan in case of the death of the participant. If the beneficiary does not survive the participant or if no beneficiary is designated, the participant's benefits are paid as follows: (1) To t…
SDCL § 3-13-56.9 Political subdivision--Deferred compensation plan as principal retirement plan limited
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A political subdivision may not maintain a deferred compensation plan as its principal retirement plan unless the deferred compensation plan was established prior to 1974. A deferred compensation plan established pursuant to chapter 3-13 may only be supplemental or secondary to t…
SDCL § 3-13-57 Roth contribution program--Authorization--Definition--Promulgation of rules
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The board may establish a designated Roth contribution program within the deferred compensation plan. For purposes of this section, a "designated Roth contribution" means an elective salary deferral that is: (1) Designated irrevocably by the participant at the time of the deferre…
SDCL § 3-13-57.1 Roth contribution program--Contributions are deferrals
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Except as otherwise provided, a designated Roth contribution is treated as deferred compensation for all purposes under the plan. Source: SL 2025, ch 27 , § 87.
SDCL § 3-13-57.2 Roth contribution program--Allowed contributions--Limits
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A participant may designate that all or a portion of the participant's deferred compensation be treated as a designated Roth contribution. A participant may defer both designated Roth contributions and pre-tax contributions in the same year. The total deferrals may not exceed the…
SDCL § 3-13-57.3 Roth contribution program--Political subdivision participation
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Any political subdivision that participates in the system, as provided for in chapter 3-12C , or participates in a previously established retirement plan, as provided for in § 3-12C-304 , is a participating employer in the plan. Source: SL 2025, ch 27 , § 89.
SDCL § 3-13-57.4 Roth contribution program--Employee eligibility
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Any employee receiving compensation from a participating employer may elect to participate in the plan. Source: SL 2025, ch 27 , § 90.
SDCL § 3-13-58 The surviving spouse is deemed to have elected treatment in accordance with section 401(a)(9)(B)(iv) of the Internal Revenue Code and any applicable guidance, unless the spouse elects otherwise
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If the eligible designated beneficiary does not elect a method of distribution, the participant's account must be distributed in accordance with paragraph (ii) of this subsection; or (c) Upon either the death of an eligible designated beneficiary before distribution of the partic…
SDCL § 3-13-59 Required minimum distributions--Participant's death after distributions begun
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If a participant dies after the required distribution of benefits has begun, the remaining portion of the participant's interest shall be distributed at least as rapidly as under the same method of distribution before the participant's death. Source: SL 2021, ch 28 , § 8.
SDCL § 3-13-60 Required minimum distributions--Participant's death before 2022 and distributions
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If a participant died on or before December 31, 2021, and before required distribution of the participant's benefits commenced, the participant's interest must be distributed as follows: (1) If the participant has a surviving spouse, the surviving spouse must receive benefits ove…
SDCL § 3-13-61 Required minimum distributions--Reasonable and made in good faith
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Notwithstanding the provisions of §§ 3-13-58 to 3-13-60 , inclusive, or the provisions of United States Treasury regulations, benefit options may continue so long as the option satisfies § 401(a)(9) of the Internal Revenue Code based on a reasonable and good faith interpretation …
SDCL § 3-13-62 Required minimum distributions--Participant's death after December 31, 2021
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Notwithstanding any contrary provisions, effective for any participant death after December 31, 2021, the following distribution provisions shall take effect subject to any regulations or other guidance issued under the Setting Every Community Up for Retirement Enhancement (SECUR…
SDCL § 3-13-63 Required minimum distributions--Waiver of 2020
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Notwithstanding any other provisions of chapter 3-13 , the participant or beneficiary who would have been required to receive required minimum distributions (RMD) for 2020 (or paid in 2021 for the 2020 calendar year for a participant with a required beginning date of April 2, 202…
SDCL § 3-13-64 Unforeseeable emergency distribution--Participant deferrals cease
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If a participant receives approval of an unforeseeable emergency distribution, pursuant to § 3-13-82 , the participant must cease deferrals to the plan before the distribution may be completed. Source: SL 2025, ch 27 , § 91.
SDCL § 3-13-65 Catch up--Maximum deferral
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Effective for each of the three calendar years immediately preceding a participant's normal retirement date, a participant may defer up to twice the dollar amount specified in §
SDCL § 3-13-66 Catch up--Alternative
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Effective for any year that a participant attains age fifty years or older, or attains the age set forth in § 414(v)(2)(E) of the Internal Revenue Code, the participant may make an additional elective deferral equal to the applicable dollar amount associated with a particular yea…
SDCL § 3-13-67 Catch up--Choice required
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A participant may not exercise the provisions of §§ 3-13-65 and 3-13-66 in the same year. Source: SL 2025, ch 27 , § 94.
SDCL § 3-13-68 Participant rights--Trust
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A participant does not have actual ownership of deferrals and investments but has a contractual right to receive benefits under the plan. In accordance with § 457(g) of the Internal Revenue Code, all amounts of compensation deferred under the plan, all property and rights purchas…
SDCL § 3-13-69 Participant election--Investments
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Each participant may elect to have deferrals invested in one or more of the investment alternatives selected by the state investment officer. A participant may change the election for future deferrals at any time. Source: SL 2025, ch 27 , § 96.
SDCL § 3-13-70 Participant election--Balance transfers--Costs deducted
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Subject to any limitations imposed by a vendor or by the third-party administrator, a participant may elect to transfer any portion of the account balance from one offered investment alternative to another at any time, provided notice is given to the third-party administrator. An…
SDCL § 3-13-71 Establishment of accounts
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An account must be established for each participant's pre-tax contributions. A separate account must be established for each participant's designated Roth contributions. The accounts are the basis for any distribution to the participant or to the participant's beneficiary, surviv…
SDCL § 3-13-72 Establishment of accounts--Specified contributions--Recordkeeping
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No contributions other than a designated Roth contribution and a properly attributable investment return may be credited to a participant's designated Roth account. The plan must maintain separate recordkeeping for each designated Roth account and must record the year that the pa…
SDCL § 3-13-73 Allocation of investment return--Accounting date
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The total investment return on any offered investment must be allocated to the account of each participant based on the proportion the participant's account bears to all other accounts that have been invested in the same investment alternative. Allocations must be made on each ac…
SDCL § 3-13-74 Valuation of investment
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Each offered investment alternative must be valued on each accounting date. The valuation must be at market value. Any charges against the value must be explicitly disclosed. Source: SL 2025, ch 27 , § 101.