Title 3 — PUBLIC OFFICERS AND EMPLOYEES
37 chapters · 1,057 sections in this title.
SDCL § 3-12C-710 Member who leaves employment--Spouse and minor children
0.2K chars
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
1.2K chars
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)
0.6K chars
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
0.6K chars
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
0.3K chars
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
0.3K chars
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
1.7K chars
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
0.6K chars
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
1.9K chars
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
0.7K chars
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
1.3K chars
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
1.3K chars
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
1.0K chars
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
1.9K chars
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
0.2K chars
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
0.9K chars
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
0.7K chars
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
0.4K chars
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
0.7K chars
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
1.5K chars
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
0.8K chars
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
0.4K chars
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
1.0K chars
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
0.2K chars
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
0.9K chars
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
0.4K chars
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
0.2K chars
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
0.7K chars
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
0.6K chars
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
0.5K chars
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
0.9K chars
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
0.4K chars
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
3.5K chars
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
0.7K chars
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
0.4K chars
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
0.3K chars
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
0.3K chars
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
0.6K chars
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
1.0K chars
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…
Interest must be credited on each required contribution from the end of the plan year for which it was made until the monthly date on or before the date of determination
1.8K chars
Interest must be credited from December 1, 1984, on contributions made and interest credited; (34) "Required contribution accrued benefit," the amount of monthly retirement benefit under the normal form accrued by an active participant as of any date and payable at the normal ret…
SDCL 3-12C-711
0.0K chars
Source: SL 2020, ch 13 , § 24.
SDCL § 3-13-100 Automatic enrollment--Initial deferrals--Election to not participate--Refund--Effect
0.8K chars
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
0.9K chars
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
0.3K chars
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
1.0K chars
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
0.5K chars
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
0.1K chars
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
0.4K chars
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
0.9K chars
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
0.4K chars
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…