Title 9, MUNICIPAL GOVERNMENT

A municipal pension fund shall consist of: (1) All sums of money or property that are contributed by gifts, devises, and bequests; (2) In the case of a firemen's system, all money received by its respective first or second class municipality from the Division of Insurance of the …

Each member of the firemen's pension fund may be required to contribute to the fund, as determined by ordinance adopted by the municipality of the first class, the contributions to be deducted from his salary beginning with the date of his entry into city service as a fireman, if…

In the event any member leaves city service before a pension becomes payable on account of his participation in the said pension fund, the total of his contributions to the said fund may be either retained by the said fund or returned to the said individual or his legal represent…

The authority and responsibility for the administration, management, and operation of the pension fund shall be vested in and under the control of a retirement board, which shall consist of two city officials to be selected by the governing body of the first or second class munic…

The treasurer of each municipality shall be the custodian of the investments and other moneys in its pension fund, which shall be kept apart from other funds in his custody. The surety on the official bond of the treasurer shall be liable for the safekeeping and due accounting of…

The governing body of any municipality of the first class, after authorization as provided in § 9-16-1 or 9-16-2 , may adopt an ordinance establishing a retirement system covering the employees, elective officers, and appointive officers of the municipality. The ordinance shall p…

The Board of Trustees required under the provisions of § 9-16-3 shall be composed as follows: (1) Members of the governing body of the municipality or other individuals appointed by the governing body to represent it, the number to be set by ordinance; (2) Members of the retireme…

No change may be made in employee contribution levels of a system or present or future benefits of a system, by ordinance or otherwise, without an affirmative vote by both the governing body of the municipality and the membership of that system. Source: SL 1984, ch 56 , § 3.

A pension may be allowed pursuant to § 9-16-3.2 for any condition of impairment of health caused by cancer resulting in total or partial disability to an officer or member of a fire department who, upon entering such service, successfully passed a physical examination which faile…

Any amounts which may be paid or payable under the provisions of any workmen's compensation or similar law to a member or beneficiary or to the dependents of a member or beneficiary on account of any disability shall be offset against and payable in lieu of any pensions payable a…

A municipality of the first class having a retirement system for its employees and officers may, by ordinance adopted by the governing body of the municipality, include the firemen employed by the municipality in the membership of the employees' and officers' retirement system es…

Any municipality with a volunteer fire department may establish a deferred compensation program for its volunteer firefighters. Such a program may be financed by the municipality or by the volunteer firefighters and may be managed through the municipality or through an insurance …

Any municipality with volunteer advanced life support personnel may establish a deferred compensation program for its volunteer advanced life support personnel. Such a program may be financed by the municipality or by the volunteer advanced life support personnel and may be manag…

Any amounts which may be paid or payable under the provisions of any workers' compensation or similar law to a member or beneficiary or to the dependents of a member or beneficiary on account of any death shall be offset against and payable in lieu of any pensions payable as prov…

Notwithstanding the provisions of any general or special law to the contrary, any condition of impairment of health caused by hypertension, heart disease, or respiratory disease resulting in total or partial disability to an officer or member of a fire department who successfully…

Any pension plan for city employees and officers or firemen, adopted under the provisions of this chapter, may provide for annual or less frequent postretirement redetermination of pensions. The application of any provision redetermining pension amounts may be restricted to pensi…

All annuities, pensions, retirement allowances, the accumulated contributions of any member, or any other benefit whatsoever accrued or accruing to any member or beneficiary shall be unassignable and shall not be subject to execution, attachment, garnishment, or any other process…

In all cases if a municipal retirement system or a first or second class municipality has, prior to July 1, 1985, paid any pension or other benefit out of funds provided by the municipality, the pensions or other benefits and all proceedings thereon, contracts made or performed, …

Total contributions in each year to a retirement system subject to this chapter shall be sufficient to fund the following: (1) The administrative cost of the plan during the year; (2) The actuarially determined cost of future benefits accruing to members during the year; and (3) …

Every fiduciary of a retirement system subject to the provisions of this chapter shall discharge his duties solely in the interest of the participants and beneficiaries of the system, for the exclusive purpose of providing benefits to participants and their beneficiaries and with…

Each retirement system subject to the provisions of this chapter shall be in compliance with § 9-16-3.1 and §§ 9-16-5.1 to 9-16-5.8 , inclusive, no later than June 12, 1987. At any time thereafter, if the members of the Retirement Laws Committee determine that any such system is …

No benefits, present or future, may be changed or modified in any manner unless the system's actuary or actuaries have prepared an actuarial statement showing the effect of those changes on the system. No benefits, present or future, may be changed or modified if the change or mo…

Any retirement system subject to the provisions of this chapter shall publish an annual report containing financial statements and an actuarial valuation of the system. The report shall be filed with the Retirement Laws Committee created by § 2-6-8 and shall be available to each …

The financial statements contained in the report required by § 9-16-5.3 shall be audited by an independent qualified, certified public accountant. The actuarial valuation required in the report shall include the information required under the provisions of subdivision 3-12C-101(3…

The Board of Trustees may appoint an administrator, who shall be qualified by training and experience requirements set by the board. The administrator may hire additional employees as may be required to transact the business of the retirement system. The board shall require bondi…

An administrator of a retirement system subject to the provisions of this chapter shall make available to any member of the system and to any beneficiary of the system a summary system description. The summary system description shall be written in a manner to be understood by th…

The administrator of a system shall, upon written request of any participant or beneficiary, furnish a copy of the latest updated summary system description, the latest annual report and any bargaining agreement, trust agreement, contract, or other instrument under which the syst…

Each administrator of a system under this chapter annually shall furnish to each system member or beneficiary a statement showing, on the basis of the latest available information, his total contributions, if any, his total benefits accrued and his nonforfeitable benefits, if any…

An employer who employs one or more individuals who are members of a system covered under this chapter shall maintain records with respect to each employee sufficient to determine benefits due or which may become due to the employee. The employer shall furnish to the system admin…

The first or second class municipality may accept gifts, devises, and bequests for the pension fund. Source: SL 1925, ch 239 , § 5; SL 1937, ch 177 ; SDC 1939, § 45.1202; SL 1945, ch 199 ; SL 1947, ch 204 ; SL 1949, ch 183 , § 2; SL 1955, ch 201 , § 2; SL 1967, ch 220 , § 2; SL 1…

The governing body of any municipality of this state is hereby authorized to join with the governing body of any other municipality or municipalities of this state in the formation of an organization of municipalities of this state for the purposes of securing concerted action am…

Such municipal organization shall have the power and authority to hold annual and special meetings at such times and places as it may determine for the discussions and consideration of such measures and matters as affect the welfare of the municipality members thereof; to maintai…

Any municipality which shall join or become a member of such municipal organization is hereby authorized and empowered, by ordinance, to annually appropriate funds for the payment of reasonable annual dues in said organization as the same may be assessed and to pay the expenses o…

Each municipality member of said organization is hereby authorized and empowered to designate any member or members of its governing body or other persons in its employ to represent said municipality in said municipal organization and attend the meetings thereof. Source: SL 1955,…

The furnishing of fire protection is a governmental function and the South Dakota Firefighters Association, Incorporated, composed of the members of the municipal fire departments, is hereby continued as a public state institution of this state. Source: SL 1919, ch 206 , § 1; SDC…

The South Dakota Firefighters Association, Incorporated, shall hold annual schools for the purpose of instruction and drilling, as well as testing modern methods and fire extinguishing apparatus, and in general shall encourage and promote the protection of property from loss and …

The governing body of each municipality shall publish, within twelve business days, the minutes for each meeting of the governing body including a detailed statement of all expenditures of money and the name of each person paid and the service provided. The municipality shall pay…

The finance officer shall maintain a record of the minutes published pursuant to § 9-18-1 and deliver a copy to the official newspaper within five business days from the date the meeting was held. Source: SL 1972, ch 129 , § 1; SL 2018, ch 50 , § 2.

Except as otherwise provided by law, records of the official acts and proceedings of municipal officers are subject to disclosure as provided in chapter 1-27 . Source: SL 1890, ch 37 , art III, § 9; SL 1890, ch 37 , art VII, § 3; RPolC 1903, § 1190; SL 1913, ch 119 , § 26; RC 191…

The following documents, if certified by the municipal finance officer under the corporate seal, are admissible in evidence the same as the originals: (1) Copies of all papers filed in the office of the municipal finance officer; and (2) Transcripts of all records of the governin…

Terms in this title mean: (1) "Ordinance," a permanent legislative act of the governing body of a municipality; and (2) "Resolution," any determination, decision, directive, or other act of a special or temporary character, of the governing body of a municipality, for the purpose…

Except as otherwise provided in this section, a mayor in any municipality operating under the aldermanic form pursuant to chapter 9-8 may exercise the veto power granted by § 9-8-3 , by filing a written objection with the finance officer within ten days after its passage. If only…

If a mayor exercises veto power pursuant to § 9-19-10 , the municipal finance officer must present the vetoed item, together with the mayor's written objection, for reconsideration at the next meeting of the common council. If at that meeting the ordinance or resolution is passed…

If the mayor fails to sign any ordinance or resolution or file written objections within ten days after its passage, the ordinance or resolution: (1) Must be published; and (2) Becomes law without the mayor's signature. This section does not apply to any ordinance or resolution n…

Except as otherwise provided in this section, every resolution or ordinance passed by the governing body takes effect on the twentieth day after its publication, unless suspended by operation of a referendum. An ordinance or resolution may take effect immediately if it: (1) Is ne…

After an ordinance takes effect, the municipal finance officer shall record the ordinance and a certificate of the date of its publication in a book to be known as the "ordinance book," and file the affidavit of publication with the original ordinance. Source: SL 1890, ch 37 , ar…