Title 3, PUBLIC OFFICERS AND EMPLOYEES

If a nonvested member who has terminated employment and has left the member's accumulated contributions in the system returns to employment with a participating unit, the system shall credit the member's prior service time toward the total length of service necessary for the memb…

A terminated member who has a vested right in the system may leave the member's accumulated contributions on deposit with the system and receive a retirement benefit commencing at the member's retirement. In calculating such benefit, the member's final average compensation shall …

A member who has left covered employment may withdraw the sum of the member's accumulated contributions upon application 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 withdraws the membe…

A member who elects to withdraw accumulated contributions, as provided for in § 3-12C-602 , or a member's surviving spouse or nonspouse beneficiary who receives a lump-sum payment pursuant to § 3-12C-409 , may receive the distribution directly. An eligible rollover distribution m…

A member of the system who is not vested may leave the member's accumulated contributions in the system upon termination of employment for a period not to exceed ten years from the date of termination. However, no additional contributions may be made to the system by the member o…

If any payment from the system remains uncollected, the payment shall revert to the system and all rights to the payment shall terminate, if the system has made reasonable efforts to notify the person entitled to the payment of the person's right to the payment and the effect of …

Any rights which have terminated pursuant to the provisions of § 3-12C-604 or 3-12C-605 may be reinstated upon presentation to the executive director of a request for reinstatement of those rights and competent evidence of the rights. Source: SL 1984, ch 24 , § 4; SL 2016, ch 31 …

No member or former member of the system who has withdrawn contributions from the system before July 1, 1998, may receive any additional refund pursuant to this chapter. Source: SL 1998, ch 15 , § 31; SDCL § 3-12-77.4 ; SL 2019, ch 22 , §§ 21, 45.

Notwithstanding any provision of this chapter to the contrary, whenever a member withdraws accumulated contributions under § 3-12C-602 and becomes a full-time employee within twelve months after withdrawal, contributions must have been made to the system for a period of twelve co…

A member in the system may claim the benefits provided for in this chapter only in the form of a monthly benefit payment and only after such time as these benefits are payable. Unless otherwise specifically provided, no member or a former member of the system may receive a lump-s…

For purposes of determining eligibility for, and the amount of, any benefit payable pursuant to this chapter, the first day of the month in which an individual's birthday falls is considered the individual's birthday. Source: SL 2016, ch 32 , § 55; SDCL § 3-12-47.9; SL 2019, ch 2…

The COLA payable must be applied annually to all benefits except those based on the member's accumulated contributions, variable retirement account, or contribution credit. The COLA must be eliminated for any period of time that a retired member reenters covered employment in the…

The COLA payable is the baseline COLA or the restricted COLA, as applicable. The baseline COLA is equal to the increase in the consumer price index, but no less than zero percent and no greater than three and one-half percent. The restricted COLA is equal to the increase in the c…

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.

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…

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…

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…

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.