S.D. Codified Laws § 3-17-23 — SD Code / Title 3 / Chapter 17 / Section 3-17-23
Suspension of county commissioner pending completion of criminal prosecution--Restoration to office
Status: in_force

If any county commissioner is arrested for or charged with any offense against the laws of this state or the United States of America, and the board of county commissioners is informed that criminal proceedings are pending before any court or officer, the remaining board of county commissioners may in the case of a Class 1 misdemeanor charge that is relevant to the responsibilities and duties of the office and shall in the case of a felony charge suspend that county commissioner from office until such charge is prosecuted. The county commissioner who is suspended pursuant to this section is relieved from all responsibilities provided by law which are pertinent to that office. If it is determined during the criminal proceeding that the county commissioner suspended is not guilty of the offense charged, this fact shall be certified to the board of county commissioners. If the term for which the county commissioner was elected or appointed has not expired, the suspended county commissioner shall be restored to that office by the remaining board of county commissioners.

Source: SL 2007, ch 22, § 4.
S.D. Codified Laws § 3-12C-805 — SD Code / Title 3 / Chapter 12C / Section 3-12C-805
Amount of monthly disability benefit--Applications before July 1, 2015
Status: in_force

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.

Starting with the thirty-seventh month, if the member is eligible for and receiving disability benefits from social security, the disability benefit from the system is equal to the greater of the amount paid during the first thirty-six months less the amount of primary social security or the amount of the member's unreduced accrued retirement benefit as of the date of disability. If the member's unreduced accrued retirement benefit is the greater, it is immediately payable by the system notwithstanding any other provisions to the contrary. In no event may the annual amount of a disability benefit be less than twenty percent of the compensation on which the initial disability benefit was based.

Starting with the thirty-seventh month, if the member is not eligible for and receiving disability benefits from social security, the disability benefit from the system is equal to the greater of twenty percent of the compensation on which the initial disability benefit was based or the amount of the member's unreduced accrued retirement benefit as of the date of disability. If the member's unreduced accrued retirement benefit is the greater, it is immediately payable by the system notwithstanding any other provisions to the contrary. The disability benefit shall be paid only in the form of monthly installments. The provisions of this section apply to any member whose application for disability benefits is received by the system prior to July 1, 2015.

Source: SL 1974, ch 35, § 53; SL 1994, ch 32, § 3; SL 2004, ch 40, § 2; SL 2014, ch 20, § 25; SDCL § 3-12-99 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-12C-816 — SD Code / Title 3 / Chapter 12C / Section 3-12C-816
Benefit determination by executive director--Advice of disability advisory committee--Independent examination or assessment--Order
Status: in_force

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 request the advice of the disability advisory committee with respect to any application. The recommendation of the disability advisory committee is not binding on the executive director. The disability advisory committee or the executive director may require an independent medical examination of the member to be conducted by a disinterested health care provider selected by the disability advisory committee or the executive director to evaluate the member's condition. The disability advisory committee or the executive director may require a functional capacity assessment of the member to be conducted by a licensed professional qualified to administer the assessment. The assessment may be used to evaluate the member's qualification for benefits. Refusal to undergo an examination or assessment pursuant to this section is cause for denying the application.

The executive director shall issue an order to approve or deny a member’s application for disability benefits, and shall mail the order to the member's last known address by certified mail.

Source: SL 2014, ch 20, § 5; SL 2016, ch 31, § 38; SDCL § 3-12-205; SL 2019, ch 22, § 1; SL 2026, ch 25, § 1.
S.D. Codified Laws § 3-22-21 — SD Code / Title 3 / Chapter 22 / Section 3-22-21
Immunity of judicial officers and agents--Payment of legal costs
Status: in_force

Nothing in this chapter may be construed to remove or waive the immunity of judicial officers or agents in the performance of their duties. The fund shall, however, provide legal services, if requested by the Supreme Court, to defend judicial officers or agents should they be sued in any court for official acts in the performance of their duties. The payment of legal costs shall in no way be construed as a waiver of judicial immunity.

Source: SL 1986, ch 413, § 22.
S.D. Codified Laws § 3-18-4 — SD Code / Title 3 / Chapter 18 / Section 3-18-4
Investigation and hearing on refusal to grant formal recognition or on question of designation of representation unit
Status: in_force

When a governmental agency declines to grant formal recognition or when a question concerning the designation of a representation unit is raised by the governmental agency, labor or employee organization, or employees, the Department of Labor and Regulation or any person designated by it shall, at the request of any of the parties, investigate such question and, after a hearing if requested by any party, rule on the definition of the appropriate representation unit. The department shall certify to the parties in writing the proper definition of the unit. In defining the unit, the department shall take into consideration, along with other relevant factors, the principles of efficient administration of government, the principles and the coverage of uniform comprehensive position classification and compensation plans in the governmental agency, the history and extent of organization, occupational classification, administrative and supervisory levels of authority, geographical location, and the recommendations of the parties.

Source: SL 1969, ch 88, § 7, subdiv 4; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 33, eff. Apr. 12, 2011.
S.D. Codified Laws § 3-12C-114 — SD Code / Title 3 / Chapter 12C / Section 3-12C-114
Member information defined
Status: in_force

For purposes of this chapter, "member information" means any information collected, prepared, or received by the system, relating to a member of the system. The term does not include data in a form that cannot be associated with or otherwise identify, directly or indirectly, a particular member of the system.

Source: SL 2025, ch 29, § 1.
S.D. Codified Laws § 3-6D-7 — SD Code / Title 3 / Chapter 6D / Section 3-6D-7
Promulgation of rules regarding recruitment, examination, selection, and promotion
Status: in_force

The commission shall promulgate rules, pursuant to chapter 1-26 , in the areas of recruitment, examination, selection, and promotion of civil service employees to be administered by the human resources commissioner. Each examination shall relate to matters that will fairly test the relative capacity of the person examined to discharge the duties of the position and may include tests of physical qualifications, training and experience, written examinations, and health and, if appropriate, technical or manual skill. The human resources commissioner shall designate the times and places for each examination.

Source: SL 2012, ch 23, § 44; SL 2019, ch 21, § 29.
S.D. Codified Laws § 3-6D-14 — SD Code / Title 3 / Chapter 6D / Section 3-6D-14
Promulgation of rules governing discipline, conditions of work, and grievance procedures
Status: in_force

The commission shall promulgate rules, pursuant to chapter 1-26 , governing civil service employees in matters of discipline, retirement, standards of conduct, adverse actions, political activity in employment, hours of work, equal opportunity, complaints, grievances and appeals to the commission, and reductions in force due to nondisciplinary reasons.

Source: SL 2012, ch 23, § 51; SL 2019, ch 21, § 36.
S.D. Codified Laws § 3-23-8 — SD Code / Title 3 / Chapter 23 / Section 3-23-8
Officials with contract authority--Authorizing interest in or direct benefit from contract
Status: in_force

A school district or cooperative education service unit may authorize a person described in § 3-23-6 to derive a direct benefit from a contract if:

(1) The person has provided full written disclosure to the agency, district, or unit governing board of all parties to the contract, the person's role in the contract, the purpose or objective of the contract, the consideration or benefit conferred or agreed to be conferred upon each party, and the duration of the contract;

(2) The governing board finds that the terms of the contract are fair, reasonable, and not contrary to the public interest; and

(3) Any request for authorization or governing board action are public records. The official minutes of the governing board shall include any governing board action on each request for authorization and shall be filed with the auditor-general and attorney general.

A person described in § 3-23-6 who has an interest in a contract pursuant to § 3-23-7.1 shall disclose the existence of a contract in which the person has an interest and the person's role in the contract but no governing board authorization is required for the person to have an interest in the contract. Disclosure shall also be made at the annual reorganization meeting if the contract extends into consecutive fiscal years. The interest disclosure shall be included in the official minutes of the governing board.

Any person receiving a direct benefit from a contract and requesting an authorization pursuant to § 3-23-8 shall make the request prior to entering into any contract that requires disclosure or within forty-five days after entering into the contract that requires disclosure. Any authorization by the governing board requires no further disclosure or authorization unless the contract extends into consecutive fiscal years. If the contract extends into consecutive fiscal years, disclosure shall be made annually at the annual reorganization meeting but no new authorization is required. If the entity rejects any request for authorization, the contract is voidable and subject to disgorgement pursuant to § 3-23-9 or the person may resign from the school district or cooperative education service unit.

No board member of a school district or cooperative education service unit may participate in or vote upon a decision of a school district or cooperative education service unit relating to a matter in which the member derives a direct benefit.

Source: SL 2016, ch 33, § 8; SL 2017, ch 31, § 14; SL 2017, ch 74, § 2; SL 2021, ch 73, § 27.
S.D. Codified Laws § 3-13A-4 — SD Code / Title 3 / Chapter 13A / Section 3-13A-4
Board controls program as fiduciary--Promulgation of rules
Status: in_force

The program shall be under the authority of the board. The board shall be held to the standard of conduct of a fiduciary and shall carry out its functions solely in the interest of the participants and benefit recipients and for the exclusive purpose of providing benefits and defraying reasonable expenses incurred in performing such duties as required by law. The board may promulgate rules necessary to establish uniform procedures for the administration of the program and to insure uniformity of application of the provisions of §§ 3-13A-1 to 3-13A-25 , inclusive. Rules may be promulgated in regard to membership, contributions and the collection thereof, fees for administration of the program, and procedures for application for benefits and payment of benefits. The rules shall be promulgated pursuant to chapter 1-26 and shall be in accordance with the provisions of §§ 3-13A-1 to 3-13A-25 , inclusive.

Source: SL 2004, ch 43, § 4; SDCL, § 3-12-168; SL 2005, ch 28, § 1.
S.D. Codified Laws § 3-13-72 — SD Code / Title 3 / Chapter 13 / Section 3-13-72
Establishment of accounts--Specified contributions--Recordkeeping
Status: in_force

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 participant first made a designated Roth contribution.

Source: SL 2025, ch 27, § 99.
S.D. Codified Laws § 3-17-19 — SD Code / Title 3 / Chapter 17 / Section 3-17-19
Removal provisions unaffected
Status: in_force

Sections 3-17-12 to 3-17-18 , inclusive, in no manner affect provisions of law relating to the removal from office of a state's attorney or sheriff.

Source: SL 1985, ch 28, § 8.
S.D. Codified Laws § 3-12C-1642 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1642
Transfer of funds in cement plan retirement fund
Status: in_force

Upon receipt of the appropriation pursuant to SL 2014, ch 21, § 1, the state treasurer shall transfer the balance of the funds of the cement plant retirement fund to the South Dakota Retirement System trust fund.

Source: SL 2014, ch 21, § 2, eff. Apr. 1, 2014; SDCL § 3-12-217 SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-12C-1405 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1405
Retired members--Reentrance to covered employment--Benefits and membership
Status: in_force

Except as provided for in § 3-12C-1405.1 , if a retired member reenters covered employment at some time after the three consecutive calendar months that start with the member's effective date of retirement, the member's retirement benefits and continued membership must be administered pursuant to this section.

The member's monthly retirement benefit is reduced by fifteen percent and the COLA is eliminated throughout the period that the member reenters covered employment. The reduction and elimination must cease if the member again terminates covered employment. The reduction and elimination do not apply if the member retired as a Class B public safety member and subsequently reenters covered employment as a Class A member.

The contributions required of the member must be deposited by the member's participating unit with the system for the benefit of the member to be transferred to an account within the deferred compensation program established pursuant to chapter 3-13 . The contributions are governed by § 457 of the Internal Revenue Code. The contributions required of the member's employer unit must be deposited into the fund created by this chapter, but with no association or credit to the member. The member may not earn any additional benefits associated with the period that the member reenters covered employment.

The provisions of this section do not apply to a Class D member who reenters covered employment.

Source: SL 2010, ch 23, § 2, eff. Apr. 1, 2010; SL 2013, ch 20, § 16; SL 2016, ch 31, § 35; SDCL § 3-12-200; SL 2019, ch 22, §§ 41, 45; SL 2020, ch 13, § 6; SL 2021, ch 29, § 4, eff. Apr. 1, 2021; SL 2021, ch 26, § 7; SL 2025, ch 27, § 54.
S.D. Codified Laws § 3-18-7 — SD Code / Title 3 / Chapter 18 / Section 3-18-7
Tentative settlement between labor or employee organization and designated representatives of agency--Action by governing body or officer
Status: in_force

If a tentative settlement is reached between a labor or employee organization or organizations and the designated representatives of the governmental agency, such representatives shall recommend such settlement to the governing body or officer having authority to take action. The governing body or officer shall as soon as practicable consider the recommendations and take such action, if any, upon them as it or he deems appropriate.

Source: SL 1969, ch 88, § 8.
S.D. Codified Laws § 3-9-5 — SD Code / Title 3 / Chapter 9 / Section 3-9-5
Authorization of out-of-state travel--Members and officers of Legislature
Status: in_force

Members of the Legislature, and officers of the Legislature who are not members, may incur traveling and personal expenditures outside the boundaries of this state by and with the consent of the speaker of the House of Representatives and the president pro tempore of the Senate when the Legislature is in session, and, when the Legislature is not in session, by and with the written consent of the Executive Board of the Legislative Research Council.

Source: SDC 1939, § 48.0604 (1) as added by SL 1964, ch 150; SL 1968, ch 194; SL 2025, ch 19, § 11.
S.D. Codified Laws § 3-12C-706 — SD Code / Title 3 / Chapter 12C / Section 3-12C-706
Modified monthly benefit permitted
Status: in_force

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 under this chapter.

Source: SL 1968, ch 216, § 1; SDCL Supp, § 3-12-41; SL 1970, ch 25, § 11; SL 1974, ch 35, § 62; SL 2017, ch 27, § 18; SDCL § 3-12-108 ; SL 2019, ch 22, §§ 24, 45.
S.D. Codified Laws § 3-11-23 — SD Code / Title 3 / Chapter 11 / Section 3-11-23
Special revenue fund for premiums and interest on delinquent contributions
Status: in_force

The old age and survivors insurance indemnity and interest fund shall not revert but shall continue as a special revenue fund for the purpose of paying premiums and interest due the federal government on delinquent old age and survivors insurance employment taxes and reports of the state and its political subdivisions.

All interest collections on delinquent accounts shall be credited to this fund, and all payments are to be made on vouchers signed by the administrator of the State Social Security and the Internal Revenue Service Division of the State Auditor's Office and approved by the state auditor.

Source: SL 1953, ch 383, § 1; SDC Supp 1960, § 17.12 11-1 ; SL 1963, ch 127, § 3; SL 2006, ch 16, § 2.
S.D. Codified Laws § 3-6E-16 — SD Code / Title 3 / Chapter 6E / Section 3-6E-16
State contribution of workers' compensation premium--Crediting and disbursement
Status: in_force

The state shall contribute on each payroll for an employee for each payroll period the amount of the state employee workers' compensation program premium, including any administrative expense. The state shall transmit monthly the amount specified to be paid to the state treasurer. The state treasurer, after making a record of receipts, shall credit the state employee workers' compensation program with an amount equal to that remitted by the state. The credit shall be assigned to the state employee workers' compensation program. The human resources commissioner shall disburse the funds according to title 62 and the rules promulgated by the Department of Labor and Regulation and the commissioner pursuant to chapter 1-26 .

Source: SL 2012, ch 23, § 78; SL 2019, ch 21, § 60.
S.D. Codified Laws § 3-12C-711 — SD Code / Title 3 / Chapter 12C / Section 3-12C-711
Maximum annual benefit--Promulgation of rules--Tax qualification--Limitation year defined
Status: in_force

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 Internal Revenue Code, as indexed pursuant to § 415(d)(1) of the Internal Revenue Code.

For purposes of administering the limitations imposed by § 415, "limitation year" means a period extending from July first of one calendar year through June thirtieth of the following calendar year.

Source: SL 1984, ch 23, § 6; SL 1996, ch 29, § 2; SL 1997, ch 32, § 2; SL 2002, ch 22, § 3; SL 2013, ch 20, § 1; SDCL § 3-12-89.1; SL 2019, ch 22, § 1; SL 2025, ch 27, § 42.
S.D. Codified Laws § 3-6C-17 — SD Code / Title 3 / Chapter 6C / Section 3-6C-17
Leave of absence without pay
Status: in_force

The provisions of §§ 3-6C-4 to 3-6C-16 , inclusive, do not prohibit the taking of leave of absence for vacation or sickness without pay if the leave of absence is authorized and approved by the board, commission, agency, department, office, or officer employing the employee, pursuant to rules promulgated pursuant to chapter 1-26 by the human resources commissioner.

Source: SL 2012, ch 23, § 28; SL 2019, ch 21, § 17.
S.D. Codified Laws § 3-12C-1110 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1110
Reduction age defined for foundation members
Status: in_force

For any foundation member, the term, reduction age, means the age at which the sum of the foundation member's age and credited service equals a number as follows:

(1) For Class A credited service, an age not less than fifty-five and at which the sum of the foundation member's age and credited service equals eighty-five;

(2) For Class B credited service as a justice, judge, or magistrate judge, an age not less than fifty-five and at which the sum of the foundation member's age and credited service equals eighty; and

(3) For Class B credited service other than as a justice, judge, or magistrate judge, an age not less than forty-five and at which the sum of the foundation member's age and credited service equals seventy-five.

Source: SL 2016, ch 32, § 29; SDCL § 3-12-89.7 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-13A-15 — SD Code / Title 3 / Chapter 13A / Section 3-13A-15
Beneficiaries of participant's account
Status: in_force

A participant may designate a beneficiary to receive the participant's benefits under the program in case of the death of the participant. If no beneficiary is designated or the beneficiary has predeceased the participant, the participant's benefits shall be paid as follows:

(1) To the participant's surviving spouse;

(2) If there is no surviving spouse, then to all surviving children of the participant, irrespective of age, on a share-alike basis; or

(3) If there is no surviving spouse and there are no surviving children, then to the participant's estate.

Source: SL 2004, ch 43, § 14; SDCL § 3-12-178; SL 2005, ch 28, § 1; SL 2012, ch 26, § 15.
S.D. Codified Laws § 3-12C-405 — SD Code / Title 3 / Chapter 12C / Section 3-12C-405
Service records and employee information furnished by employers
Status: in_force

The officers responsible for the personnel records of employees of each participating unit shall file with the Board of Trustees, in such form as the board shall from time to time prescribe, a detailed statement of all service rendered by each eligible employee of the system; and shall furnish such other information as the board shall from time to time require in the operation of the system.

Source: SL 1967, ch 303, § 10; SDCL § 3-12-39; SL 1968, ch 216, § 1; SL 1974, ch 35, § 31; SDCL § 3-12-73 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-17-12 — SD Code / Title 3 / Chapter 17 / Section 3-17-12
Suspension of state's attorney or sheriff pending prosecution
Status: in_force

If any state's attorney or sheriff is arrested for or charged with any offense against the laws of this state or the United States of America, and the Governor is informed that criminal proceedings are pending before any court or officer, the Governor shall in the case of a felony and may in the case of a misdemeanor suspend that state's attorney or sheriff from office until such charge is prosecuted. The effect of such a suspension is to relieve the affected state's attorney or sheriff from all responsibilities provided by law which are pertinent to that position.

Source: SL 1985, ch 28, § 1.
S.D. Codified Laws § 3-6D-8 — SD Code / Title 3 / Chapter 6D / Section 3-6D-8
Appointment of best qualified applicants--Eligibility lists--Misdemeanor
Status: in_force

Each civil service appointment shall be made from among the best qualified persons from a list of eligible applicants. Any person who makes an appointment contrary to the provisions of this section is guilty of a Class 1 misdemeanor.

Source: SL 2012, ch 23, § 45; SL 2019, ch 21, § 30.
S.D. Codified Laws § 3-17-7 — SD Code / Title 3 / Chapter 17 / Section 3-17-7
Proceedings for removal of local officer--Pleadings and process
Status: in_force

The proceedings for removal shall be in the nature of a special proceeding, and shall be brought in the name of the state by the state's attorney of the county in which the officer charged resides, upon his own relation, or by the attorney general of the state upon his own relation, and must be so brought by either of such officers when so directed by the Governor. Such proceeding shall be commenced by the filing of a complaint in the office of the clerk of courts of the proper county, which complaint shall contain a brief and concise statement of the facts constituting the cause of action, without unnecessary repetition and the issuance of a summons in the form of a relief summons in civil action, which summons shall require the defendant to answer the complaint within ten days after the date of service thereof, and shall be served by the sheriff or other officer authorized to serve process, by handing to and leaving with the defendant, personally, a copy of the summons, accompanied by a copy of the complaint, and such proceeding shall be brought on for hearing and determination upon a notice of not less than five days, served upon the opposite party or his attorney, except as hereinafter provided, whereupon it shall be the duty of the judge of the circuit court to at once appoint and hold a special term thereof, at which term the issues in such proceeding shall be heard and determined by the court.

Source: PolC 1877, ch 22, § 3; CL 1887, § 1387; RPolC 1903, § 1806; SL 1915, ch 268, § 1; RC 1919, § 7012; SL 1929, ch 214; SDC 1939, § 48.0204.
S.D. Codified Laws § 3-12C-1615 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1615
Rapid City firefighter membership in system--Benefits and credited service
Status: in_force

On July 1, 1982, all employees of the municipality of Rapid City who are participants in the municipality of Rapid City firemen pension fund on June 30, 1982, and all retirees receiving benefits from that fund shall become members of the system. Each employee shall receive credited service under the system for all service earned under the municipality of Rapid City firemen pension fund.

Source: SL 1982, ch 37, § 1; SL 1992, ch 60 § 2; SDCL § 3-12-62.2 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-12C-813 — SD Code / Title 3 / Chapter 12C / Section 3-12C-813
Application for disability benefits--Required information--Filing deadline
Status: in_force

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 information is not received by the system within one year after the application is received, the member may reapply.

Any member, who fails to file an application for disability benefits with the executive director within three years after the date the member's contributory service ends, forfeits all rights to disability benefits.

Source: SL 2014, ch 20, § 2; SL 2016, ch 31, § 37; SDCL § 3-12-202 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-13-56.9 — SD Code / Title 3 / Chapter 13 / Section 3-13-56.9
Political subdivision--Deferred compensation plan as principal retirement plan limited
Status: in_force

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 the political subdivision's primary plan.

Source: SL 2025, ch 27, § 85.
S.D. Codified Laws § 3-12C-214 — SD Code / Title 3 / Chapter 12C / Section 3-12C-214
Correction of records--Adjustment for underpayment or overpayment--Promulgation of rules--Limitation--Member access to own records
Status: in_force

If any change or error in the records of the system or any participating unit results in any person receiving from the system less than the person would have been entitled to receive had the records been correct, the executive director must correct the error and, as far as practicable, adjust the payment to provide the person the amount to which the person is correctly entitled.

If any change or error in the records of the system or any participating unit results in any person receiving from the system more than the person would have been entitled to receive had the records been correct, the executive director must correct the error and, as far as practicable, recover the overpayment to reflect the amount to which the person is correctly entitled. The board shall promulgate rules, pursuant to chapter 1-26 , concerning the methods by which an overpayment must be repaid, including an actuarial equivalent. The recovery of an overpayment is limited to the amount attributable to any error that occurred during the six-year period immediately before the discovery of the error. This limitation does not apply in the case of fraud, intentional misrepresentation, material omission, or other fault on the part of a member or beneficiary.

Upon request, a member of the system may, during business hours, inspect any file directly relating to the member and request the correction of any alleged errors in the file.

Source: SL 1959, ch 84, § 38; SDC Supp 1960, § 15.3942; SL 1961, ch 255, § 40; SDCL §§ 9-15-68, 13-45-70; SL 1970, ch 25, § 13; SDCL Supp, § 3-12-44; SL 1974, ch 35, § 68; SL 2015, ch 28, § 1; SL 2016, ch 31, § 23; SDCL § 3-12-114; SL 2019, ch 22, § 1; SL 2025, ch 27, § 17.
S.D. Codified Laws § 3-12C-1619 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1619
Crediting of transfers from Rapid City pension fund
Status: in_force

All amounts transferred to the system from the municipality of Rapid City firemen pension fund which, under the fund, were credited to the accounts of individual employees shall be considered employee contributions under this chapter.

Source: SL 1982, ch 37, § 5; SL 1992, ch 60, § 2; SDCL § 3-12-62.6 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-17-14 — SD Code / Title 3 / Chapter 17 / Section 3-17-14
Appointment of acting state's attorney or sheriff
Status: in_force

The Governor shall, in the case of a state's attorney, appoint the attorney general or one of his assistants or some competent attorney of the state selected by the attorney general, and the Governor shall, in the case of a sheriff suspended pursuant to §§ 3-17-12 to 3-17-19 , inclusive, appoint a suitable person to discharge the duties of such office during any suspension imposed in accordance with the provisions of §§ 3-17-12 to 3-17-19 , inclusive.

Source: SL 1985, ch 28, § 3.
S.D. Codified Laws § 3-11-16 — SD Code / Title 3 / Chapter 11 / Section 3-11-16
Payment of subdivision contributions authorized--Payroll deductions
Status: in_force

The auditor, clerk, or other proper officer of all qualifying political subdivisions shall issue warrants upon the funds in their respective treasuries, not otherwise appropriated, for such amount as may be required to pay the employer's tax upon the wages and salaries of its employees, and may deduct from the wages and salaries of its employees the amount required to pay the employee's tax under the federal old age and survivors insurance system and to pay the same to the division.

Source: SL 1951, ch 100, § 7; SDC Supp 1960, § 17.1206 (1); SL 1980, ch 30, § 10.
S.D. Codified Laws § 3-5-4 — SD Code / Title 3 / Chapter 5 / Section 3-5-4
Sureties on bonds
Status: in_force

Every official bond shall be given with at least two sureties, and the bond of the state treasurer shall have at least four sureties, and that of the county treasurer at least three sureties.

In lieu of a bond with personal sureties a bond executed by a surety company legally authorized to transact business in this state may be approved.

Source: PolC 1877, ch 5, § 7; CL 1887, § 1375; RPolC 1903, § 1792; SL 1909, ch 225; RC 1919, § 7028; SDC 1939, § 48.0305.
S.D. Codified Laws § 3-12C-707 — SD Code / Title 3 / Chapter 12C / Section 3-12C-707
Highest annual compensation
Status: in_force

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 hundred fifteen percent of the member's final compensation calculated as of the date of the member's death or disability.

Source: SL 2019, ch 22, § 25.
S.D. Codified Laws § 3-12C-604 — SD Code / Title 3 / Chapter 12C / Section 3-12C-604
Contributions left in system on termination of employment without vested right--Maximum period--Forfeiture
Status: in_force

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 or a participating unit following the date of termination and no benefits in the retirement system may accrue to a member of the system following the date of termination, except as provided in § 3-12C-310 . If the member withdraws the member's accumulated contributions, membership in the system terminates. At the end of the ten-year period, no further interest may be credited with respect to contributions and no further investment return may be credited with respect to any variable retirement account. If the member fails to withdraw the member's accumulated contributions within eleven years following the member's termination, the member shall forfeit all rights to the member's accumulated contributions, variable retirement account, and to any credited service in connection therewith, if the system has made reasonable efforts to notify the member of the member's withdrawal rights and the effect of this section.

Source: SL 1972, ch 22; SDCL Supp, § 3-12-32; SL 1974, ch 35, § 35; SL 1984, ch 24, § 1; SL 1998, ch 15, § 8; SL 1998, ch 18, § 2; SL 2016, ch 32, § 33; SDCL § 3-12-77 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-12C-704 — SD Code / Title 3 / Chapter 12C / Section 3-12C-704
Determination of COLA payable
Status: in_force

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 consumer price index, but no less than zero percent and no greater than the restricted COLA maximum as determined in subdivision (2) of this section. The board shall establish the COLA payable for each fiscal year, based on the fair value funded ratio and the minimum actuarial requirement to support benefits as of the prior July first and the increase in the consumer price index for the preceding third calendar quarter compared to the consumer price index for the third calendar quarter for the base year (the previous year in which the consumer price index was the highest), by utilizing one of the following subdivisions, as applicable:

(1) If the system meets the criteria in subdivisions 3-12C-228 (1) and (2) based on the baseline COLA assumption adopted by the board, the COLA payable is the baseline COLA; or

(2) If the system does not meet the criteria in subdivisions 3-12C-228 (1) and (2) based on the baseline COLA assumption adopted by the board, the system shall calculate a restricted COLA maximum in accordance with the board's funding policy that is equal to the actuarially determined annual COLA rate that results in the criteria in subdivisions 3-12C-228 (1) and (2) being satisfied, if achievable. The COLA payable is the restricted COLA. If the criteria in subdivisions 3-12C-228 (1) and (2) cannot be satisfied, the COLA payable is zero percent.

Source: SL 2019, ch 22, § 23; SL 2021, ch 26, § 3; SL 2023, ch 16, § 4.
S.D. Codified Laws § 3-11-4 — SD Code / Title 3 / Chapter 11 / Section 3-11-4
Administrator and employees of the division
Status: in_force

The state auditor shall appoint an administrator and other such employees as may be necessary and fix their bonds, salaries, and compensation. The administrator shall:

(1) Serve as a liaison between the Social Security Administration and the Internal Revenue Service and all state and local government employers in the state;

(2) Administer and maintain the Section 218 Agreement that governs voluntary social security and medicare coverage by state and local government employers in the state;

(3) Prepare Section 218 modifications to include additional coverage groups, correct errors in other modifications, identify additional political subdivisions that join a covered retirement system, and obtain medicare coverage for public employees whose employment relationship with a public employer has been continuous since March 31, 1986;

(4) Provide the Social Security Administration with notice and evidence of the legal dissolution of covered state or political subdivision entities;

(5) Conduct referenda for social security and medicare coverage for services performed by employees in positions under a public retirement system;

(6) Resolve coverage and taxation questions associated with Section 218 Agreements and modifications with the Social Security Administration and the Internal Revenue Service;

(7) Advise public employers on social security, medicare, and other tax withholding matters;

(8) Provide information to state and local public employers as appropriate and in accordance with the state's enabling legislation, policies, procedures and standards;

(9) Provide advice on Section 218 optional exclusions applicable to either the state or individual modifications, or both, and advice on state and local laws, rules, regulations and compliance concerns;

(10) Maintain physical custody of the state's Section 218 Agreement, modifications, dissolutions and intrastate agreements; and

(11) Deposit and report social security tax and federal income tax to the Internal Revenue Service.

Source: SL 1951, ch 100, § 12; SDC Supp 1960, § 17.1211 (2); SL 1980, ch 30, § 3; SL 2006, ch 16, § 3.
S.D. Codified Laws § 3-9-13 — SD Code / Title 3 / Chapter 9 / Section 3-9-13
Travel advances authorized
Status: in_force

All budget units of the state are authorized to advance moneys to their officers and employees for authorized travel expenses.

Source: SL 1974, ch 45, § 1.
S.D. Codified Laws § 3-4-1 — SD Code / Title 3 / Chapter 4 / Section 3-4-1
Events causing vacancy in office
Status: in_force

An office becomes vacant if one of the following events applies to a member of a governing body or elected officer before the expiration of the term of the office; the person:

(1) Dies;

(2) Resigns;

(3) Is removed from office;

(4) Fails to qualify as provided by law;

(5) Ceases to be a resident of the state, district, county, municipality, township, ward, or precinct in which the duties of the office are to be exercised or for which elected;

(6) Is convicted of any infamous crime or of any offense involving a violation of the official oath of the office; or

(7) Has a judgment obtained against the person for a breach of an official bond.

Source: SL 1864-5, ch 12, § 2; PolC 1877, ch 22, § 2; CL 1887, § 1385; RPolC 1903, § 1802; RC 1919, § 7007; SDC 1939, § 48.0101; SL 2015, ch 22, § 1.
S.D. Codified Laws § 3-17-24 — SD Code / Title 3 / Chapter 17 / Section 3-17-24
Removal from office provisions unaffected
Status: in_force

Sections 3-17-20 to 3-17-23 , inclusive, do not affect the provisions of law relating to the removal from office of any county commissioner, county auditor, county treasurer, or county register of deeds.

Source: SL 2007, ch 22, § 5.
S.D. Codified Laws § 3-19-3 — SD Code / Title 3 / Chapter 19 / Section 3-19-3
Determination of payment or indemnity by governing board or attorney general
Status: in_force

The governing board of the particular political subdivision, including improvement districts, shall act for the entity in determining the election and amount of indemnity or payment to be made to such officer or employee. If the officer or employee is a state officer or employee, the attorney general shall make such election, and determine the amount of reimbursement or payment to be made to such employee.

Source: SL 1969, ch 232; SL 1990, ch 52, § 3.
S.D. Codified Laws § 3-12C-520 — SD Code / Title 3 / Chapter 12C / Section 3-12C-520
Prior service credit on return of nonvested member to employment
Status: in_force

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 member to obtain the credited service necessary for benefits provided by this chapter.

Source: SL 1972, ch 22; SDCL Supp, § 3-12-32; SL 1974, ch 35, § 36; SL 1998, ch 18, § 3; SL 2008, ch 20, § 9; SDCL § 3-12-78 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-13-77 — SD Code / Title 3 / Chapter 13 / Section 3-13-77
Severance from employment
Status: in_force

If a participant returns to employment or enters into a contract with a participating employer within thirty days after a severance from employment, no severance from employment occurs for the purposes of the plan. If a participant provided contractual services to a participating employer, severance from employment occurs at the expiration of all contracts with a participating employer, without expectation of any future employment or contractual relationship with any participating employer.

Source: SL 2025, ch 27, § 104.
S.D. Codified Laws § 3-12C-1704 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1704
Calculating benefits of air rescue firefighter
Status: in_force

For purposes of determining the benefits of an air rescue firefighter, for credited service earned prior to July 1, 1992, the benefits shall be calculated pursuant to § 3-12C-1106 and for credited service after June 30, 1992, the benefits shall be calculated pursuant to § 3-12C-1107 .

Source: SL 1992, ch 34, § 3; SDCL § 3-12-129 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-13A-18 — SD Code / Title 3 / Chapter 13A / Section 3-13A-18
Election by participating units of retirement system to participate in program--Rescission of participation
Status: in_force

Any public employer that is a participating unit of the system established under chapter 3-12C may become a participating unit under this chapter at any time on or after July 1, 2004. The decision to become a participating unit shall be made by the elected official, the appointed official, or the governing body in charge of the unit. The unit shall become a participating unit as soon as notice of the decision has been delivered in writing to the system. A participating unit at a later date may choose to rescind such status and may do so by delivering written notice of the decision to the system. However, if such a rescission occurs, the rescission does not affect the status of any participant who was employed by that unit.

Source: SL 2004, ch 43, § 17; SDCL § 3-12-181; SL 2005, ch 28, § 1.
S.D. Codified Laws § 3-1A-5.1 — SD Code / Title 3 / Chapter 1A / Section 3-1A-5.1
Certain personally identifiable information of judicial officers not a public record
Status: in_force

Any personally identifiable information of a circuit court judge or justice of the Supreme Court contained in a statement of financial interest filed pursuant to this chapter is not open to public inspection. For purposes of this section, the term, personally identifiable information, means any home address, home or personal telephone number, or personal e-mail address. The county of residence of the circuit court judge or justice is a public record.

Source: SL 2022, ch 11, § 2, eff. Feb. 14, 2022.
S.D. Codified Laws § 3-9-2.2 — SD Code / Title 3 / Chapter 9 / Section 3-9-2.2
Home station meal expense reimbursement regardless of whether away from residence or headquarters
Status: in_force

The State Board of Finance may authorize a meal expense reimbursement at the per diem rate to any agency, state officer, or employee conducting state business at an event extending entirely through a meal time without interruption, regardless of whether the attending officer or employee is away from his or her place of residence or headquarters station. The reimbursement request may be made by an agency representative, state officer, or employee only if the attending officer's or employee's participation in the event is approved by the head of the officer's or employee's department or office and if the event includes provision of a meal for which the agency, officer, or employee is billed.

The authorization shall be made on a form prescribed by the Governor. A certification of the approval of the department or office head shall accompany the claim filed pursuant to § 3-9-8 .

Source: SL 2015, ch 24, § 3; SL 2023, ch 13, § 1.
S.D. Codified Laws § 3-12C-1405.2 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1405.2
Reemployment of retired member--Employer tracking
Status: in_force

Any participating unit employing a retired member for less than twelve hundred fifty hours during the fiscal year of the participating unit is responsible for tracking the hours of the employee and certifying the hours to the system on a monthly basis.

Source: SL 2021, ch 29, § 6, eff. Apr. 1, 2021.
S.D. Codified Laws § 3-17-1 — SD Code / Title 3 / Chapter 17 / Section 3-17-1
Removal of constitutional state officers by Governor--Grounds--Notice and hearing
Status: in_force

All constitutional state officers not liable to impeachment may be removed by the Governor, after notice and hearing, for crimes, misconduct, or malfeasance in office or for drunkenness or gross incompetency.

Source: SL 1901, ch 192, § 1; RPolC 1903, § 1804; RC 1919, § 7009; SDC 1939, § 48.0201.
S.D. Codified Laws § 3-6E-3 — SD Code / Title 3 / Chapter 6E / Section 3-6E-3
Reinsurance
Status: in_force

The human resources commissioner may authorize the purchase of reinsurance to cover against losses incurred by the plan.

Source: SL 2012, ch 23, § 65; SL 2019, ch 21, § 47.
S.D. Codified Laws § 3-12C-1604 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1604
Adjustment of increase for retired members electing optional payment or early retirement
Status: in_force

The amount calculated under subdivision 3-12C-1603(2) will be adjusted to its actuarial equivalent if the retired member had elected an optional form of payment other than the normal form provided by the retirement system from which the member retired, or if the age of a retired member is less than the normal retirement age necessary for receiving a normal retirement benefit as provided by the retirement system from which the member retired.

Source: SL 1974, ch 35, § 79; SL 2017, ch 27, § 25; SDCL § 3-12-125 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-6D-18 — SD Code / Title 3 / Chapter 6D / Section 3-6D-18
Assistance of agencies--Agency level procedures
Status: in_force

Each agency shall adhere to, and assist the human resources commissioner in administering the provisions of this chapter. An agency may formulate agency level procedures within the limitations of those rules promulgated pursuant to chapter 1-26 by the commission or the human resources commissioner. The procedures shall be reviewed and approved by the human resources commissioner before implementation.

Source: SL 2012, ch 23, § 55; SL 2019, ch 21, § 40.
S.D. Codified Laws § 3-12C-517 — SD Code / Title 3 / Chapter 12C / Section 3-12C-517
Valuation of purchased prior service credit--Installment payments--Death of member--Adjustment when installments not paid
Status: in_force

Payment of a deposit with the system for credited service pursuant to §§ 3-12C-504 to 3-12C-514 , inclusive, shall be determined and due at the time the notice of intention to make the payment is received by the system. The amount due may be paid by periodic, level installments over a period of up to ten years, the value of which, when discounted for interest at the assumed rate of return, is equal to the amount due at the date of the notice. If a member dies before completion of the installment payments, the surviving spouse may complete the payments due the system, but, unless the payments are being made by a participating unit, the amount shall be paid in full within ninety days of the member's death or retirement. If the periodic payments are not completed or paid when due, the executive director may make an appropriate adjustment to the credited service, benefits payable under this chapter, or schedule of payments to allow for the default. Any member participating in installment payments pursuant to this section before July 1, 1989, shall have the balance due on July 1, 1989, recalculated pursuant to §§ 3-12C-504 and 3-12C-509 and shall have the installment payments due after June 30, 1989, recalculated accordingly.

Source: SL 1974, ch 35, § 43; SL 1977, ch 28, § 9; SL 1980, ch 31, § 6; SL 1989, ch 38, § 18; SL 1996, ch 30, § 4; SL 2008, ch 20, § 14; SL 2016, ch 31, § 18; SDCL § 3-12-87; SL 2019, ch 22, § 1; SL 2020, ch 12, § 12.
S.D. Codified Laws § 3-12C-217.3 — SD Code / Title 3 / Chapter 12C / Section 3-12C-217.3
Domestic relations order--Independent surviving spouse benefit
Status: in_force

The benefit to a surviving spouse upon the death of a member who had retired or reached normal retirement age is an independent benefit belonging to the surviving spouse for the purpose of administering an existing qualified domestic relations order.

Source: SL 2025, ch 27, § 22.
S.D. Codified Laws § 3-4-8 — SD Code / Title 3 / Chapter 4 / Section 3-4-8
Temporary resignation for members of National Guard or reserves--Notice--Temporary replacement--Length of term
Status: in_force

If any member of a governing body of a county, municipality, school district, township, or special purpose district, who is also a member of the South Dakota National Guard or another reserve component of the armed forces of the United States, is called into active duty which causes the member to be unable to attend meetings of the governing body, the member may elect to temporarily resign from the governing body. Notice of temporary resignation may be given in the same manner as giving notice of resignation from such governing body. A temporary replacement may be made in accordance with the provisions of statute applying to the governing body. The temporary member shall serve until the member returns from active duty or until the expiration of the member's term, whichever occurs first.

Source: SL 2003, ch 23, § 1.
S.D. Codified Laws § 3-6C-24 — SD Code / Title 3 / Chapter 6C / Section 3-6C-24
Personnel records
Status: in_force

The human resources commissioner shall establish and maintain appropriate records on all employees relating to the several provisions of this chapter. The commission may promulgate rules, pursuant to chapter 1-26 , to regulate the records maintained by the bureau. Any records required or maintained by the bureau, including performance appraisals, that pertain to an employee shall be available and open to inspection by the employee during normal business hours.

Source: SL 2012, ch 23, § 35; SL 2019, ch 21, § 22.
S.D. Codified Laws § 3-6D-25 — SD Code / Title 3 / Chapter 6D / Section 3-6D-25
Government Operations and Audit Committee to investigate matters referred by Division of Criminal Investigation
Status: in_force

The Government Operations and Audit Committee shall review and investigate any matter referred to the committee by the Division of Criminal Investigation and may recommend appropriate action. The committee shall promptly notify the subject of the affidavit and resolve the matter in a reasonable time.

Source: SL 2017, ch 73, § 5.
S.D. Codified Laws § 3-12C-1505 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1505
COLA applicable to supplemental pension benefits
Status: in_force

A supplemental pension participant shall receive a COLA applicable to the participant's supplemental pension benefit for each year commencing on the July first following the date on which the benefit was first payable, and equal to the COLA determined under § 3-12C-704 . However, no COLA is payable if the participant has received payments for less than twelve months.

Source: SL 2008, ch 24, § 6; SL 2010, ch 20, § 15; SL 2016, ch 31, § 31; SL 2017, ch 27, § 32; SDCL § 3-12-193 ; SL 2019, ch 22, § 1; SL 2021, ch 26, § 8.
S.D. Codified Laws § 3-9-15 — SD Code / Title 3 / Chapter 9 / Section 3-9-15
Itemized statement of expenses--Repayment of excess--Crediting of repayments
Status: in_force

Each person receiving a travel advance shall submit an itemized statement meeting the requirements of §§ 3-9-8 , 4-9-4 , and the rules promulgated pursuant to § 3-9-18 . If the advance exceeds the actual expenses, the difference shall be repaid as set forth and under the conditions specified in the rules and regulations promulgated pursuant to § 3-9-18 . All amounts repaid pursuant to this section shall be credited back to the budget units' appropriated funds. However, general fund advances, or any portion thereof, which transcend a fiscal year revert to the general fund and become an obligation of the following fiscal year's appropriations.

Source: SL 1974, ch 45, § 3; SL 1975, ch 37, § 2; SL 1984, ch 30, § 81.
S.D. Codified Laws § 3-12C-907 — SD Code / Title 3 / Chapter 12C / Section 3-12C-907
Family benefit--Deceased member who was working--Total benefit--Effective date
Status: in_force

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 or the member's retirement, a family benefit must be paid on behalf of any child of the member. The total family benefit is the greater of:

(1) Twenty-five percent of the member's final average compensation at the time of death; or

(2) The member's unreduced accrued retirement benefit at the time of death.

The family benefit is effective the first day of the month following the date on which the member's contributory service terminates and is payable upon the receipt of a completed application. The family benefit, which must be paid in monthly installments, shall be equally apportioned among any children of the member and shall be paid on behalf of any child in accordance with § 3-12C-902 . As a child becomes ineligible, the family benefit must be reallocated among any remaining eligible children of the deceased member. The family benefit terminates if there are no eligible children of the deceased member.

Source: SL 2014, ch 20, § 17; SL 2016, ch 32, § 41; SDCL § 3-12-95.4; SL 2019, ch 22, § 1; SL 2020, ch 15, § 2; SL 2022, ch 15, § 6.
S.D. Codified Laws § 3-8-6 — SD Code / Title 3 / Chapter 8 / Section 3-8-6
Time of payment of compensation and expenses of state officers and employees
Status: in_force

The compensation and expenses of all officers and employees, payable out of the state treasury, shall be paid at least once each calendar month, but no officer or employee may be paid in advance for any period of service. The Bureau of Finance and Management shall designate pay periods for all payroll systems utilizing funds from the state treasury.

Source: RC 1919, § 7057; SDC 1939, § 48.0601; SL 1972, ch 19; SL 1976, ch 51, § 1; SL 1985, ch 33, § 16; SL 2007, ch 21, § 1.
S.D. Codified Laws § 3-12C-1106 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1106
Normal retirement benefit for foundation members for Class A credited service
Status: in_force

Upon retirement, a foundation member shall receive a normal retirement benefit, commencing at normal retirement age or thereafter as provided for in § 3-12C-1113 , for Class A credited service, equal to the larger of one and seven-tenths percent of final average compensation for each year of Class A credited service before July 1, 2008, plus one and fifty-five hundredths percent of final average compensation for each year of Class A credited service after July 1, 2008, or two and four-tenths percent of final average compensation for each year of Class A credited service before July 1, 2008, plus two and twenty-five hundredths percent of final average compensation for each year of Class A credited service after July 1, 2008, less other public benefits.

For purposes of this section:

(1) Federal military retirement or federal national guard retirement benefits are not other public benefits; and

(2) Any Class A member with a period of employment with any public employer not covered by federal social security is presumed to be entitled to the maximum primary social security benefit permitted at the time of retirement. Class A credited service is all credited service under the system or any of the retirement systems consolidated pursuant to § 3-12C-1601 .

Source: SL 1967, ch 303, § 7; SDCL § 3-12-27; SL 1968, ch 216, § 1; SDCL Supp, § 3-12-25; SL 1970, ch 25, § 5; SL 1974, ch 35, § 47; SL 1975, ch 39, § 5; SL 1982, ch 39; SL 1986, ch 37, § 5; SL 1987, ch 37, §§ 7, 8; SL 1989, ch 38, § 4; SL 1990, ch 37; SL 1991, ch 32; SL 1993, ch 44, § 4; SL 1994, ch 34, § 3; SL 1997, ch 26, § 2; SL 1998, ch 15, § 15; SL 1999, ch 15, § 2; SL 2000, ch 25, § 1; SL 2002, ch 23, § 1; SL 2008, ch 23, § 1; SL 2016, ch 32, § 36; SDCL § 3-12-91; SL 2019, ch 22, § 1; SL 2023, ch 14, § 5; SL 2025, ch 27, § 49.
S.D. Codified Laws § 3-16-10 — SD Code / Title 3 / Chapter 16 / Section 3-16-10
Retaliation prohibited for reporting public official's misuse of public funds
Status: in_force

An employee may file a grievance with the appropriate governmental entity if the employee believes that there has been retaliation, because of reporting a violation of § 22-30A-46 through the chain of command of the employee's department, to the Office of the Attorney General, or to the Department of Legislative Audit. If no grievance process exists, a civil action may be filed in circuit court.

Source: SL 2017, ch 98, § 3.
S.D. Codified Laws § 3-12C-1211 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1211
Effective date of retirement benefit of generational member--Last payment
Status: in_force

Unless a generational member's required beginning date for retirement occurs first, the retirement benefit of a generational member is effective in accordance with whichever of the following is last:

(1) The first day of the month following the date on which the member's contributory service terminated;

(2) The first day of the month following an intervening complete calendar month after the date on which the member's written application for retirement benefits is received by the system; or

(3) The first day of the month specified in the member's application for retirement.

The last payment of the member's benefit is for the month in which the member's death occurs.

Source: SL 2016, ch 32, § 12; SDCL § 3-12-511 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-18-8.2 — SD Code / Title 3 / Chapter 18 / Section 3-18-8.2
Issuance of contracts by school districts prior to reaching agreement--Terms and conditions
Status: in_force

Any school district issuing contracts to teachers for the ensuing year, but prior to reaching agreement with the representatives of the recognized employee unit, shall issue the contracts under the same terms and conditions as for the current year. If no agreement is reached in negotiations and the intervention of the Department of Labor and Regulation under § 3-18-8.1 fails to bring about an agreement, the board shall implement, as a minimum, the provisions of its last offer, including tentative agreements. If the Department of Labor and Regulation is not requested to intervene under the provisions of § 3-18-8.1 , the board shall implement the provisions of its last offer, including tentative agreements, eleven days after an impasse is declared.

Source: SL 1988, ch 38; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 33, eff. Apr. 12, 2011.
S.D. Codified Laws § 3-18-16 — SD Code / Title 3 / Chapter 18 / Section 3-18-16
Proceedings to establish nonparticipation in strike--Request by employee--Time for proceedings
Status: in_force

Any public employee, upon request, shall be entitled, as hereinafter provided, to establish that he did not violate the provisions of § 3-18-10 or 3-18-11 . Such requests must be filed in writing with the officer or body having the power and authority over such employees, within ten days after any action has been taken against such employee, whereupon such officer, or body, shall within ten days commence a proceeding at which time such person shall be entitled to be heard for the purpose of determining whether the provisions of § 3-18-10 or 3-18-11 have been violated by such public employee. Such proceedings shall be undertaken without any unnecessary delay. The decision of such proceedings shall be made within ten days.

Source: SL 1969, ch 88, § 7.
S.D. Codified Laws § 3-14-2 — SD Code / Title 3 / Chapter 14 / Section 3-14-2
Public property and accounts to be delivered to successor in office
Status: in_force

Every public officer elected or appointed under the laws of this state, on going out of office at the expiration of his term thereof, shall forthwith deliver, and upon his death, resignation, suspension, or removal from office, there shall be forthwith delivered to his successor in office all public money, books, records, accounts, papers, documents, and property in his possession or under his control belonging or appertaining to such office.

Source: PolC 1877, ch 5, § 14; PolC 1877, ch 22, § 7; CL 1887, §§ 1384, 1391; RPolC 1903, §§ 1801, 1810; SL 1915, ch 268, § 1; RC 1919, §§ 7016, 7038; SDC 1939, § 48.0317.
S.D. Codified Laws § 3-22-5 — SD Code / Title 3 / Chapter 22 / Section 3-22-5
Bureau of Human Resources and Administration powers
Status: in_force

The bureau may:

(1) Select a director who shall serve at the pleasure of the bureau;

(2) Enter contracts for actuarial determinations, claims adjustment and investigation, loss control and risk management, legal services, or other services the director determines to be necessary to carry out the purposes of this chapter;

(3) Enter contracts for insurance and reinsurance the director determines to be necessary to carry out the purposes of this chapter. Any such contract is not subject to the provisions of chapters 5-18A and 5-18-D;

(4) Develop a coverage document, agreed to by the director and the Governor, to establish the type and scope of covered claims, limits of coverage, terms and conditions of coverage, and costs of coverage; and

(5) Based on annual actuarial calculations, impose and collect contributions from covered state entities for the estimated amount necessary to extend coverage and maintain appropriate reserves for covered claims.

Source: SL 1986, ch 413, § 5; SL 1987, ch 40, § 2; SL 2010, ch 24, § 3; SL 2013, ch 24, § 1; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 3-9-3 — SD Code / Title 3 / Chapter 9 / Section 3-9-3
Trip insurance on flights
Status: in_force

Any division of state government may participate in the cost of insurance for any full - or part - time employee when they are performing duties while using aircraft as a means of travel.

Source: SL 1957, ch 318; SDC Supp 1960, § 55.2705.
S.D. Codified Laws § 3-22-17 — SD Code / Title 3 / Chapter 22 / Section 3-22-17
Suits against state authorized only to extent coverage provided in coverage document
Status: in_force

Pursuant to S.D. Const., Art. III, § 27, suits against the state are authorized only for a covered claim to the extent coverage is provided in the coverage document. Nothing in this chapter may be construed to otherwise waive or abrogate any immunity or defense available to any state entity or employee.

Source: SL 1986, ch 413, § 18; SL 2010, ch 24, § 13.
S.D. Codified Laws § 3-13-51.3 — SD Code / Title 3 / Chapter 13 / Section 3-13-51.3
Default designation of new investment selection upon termination of participant's contract
Status: in_force

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 alternative designated by the state investment officer.

Source: SL 2000, ch 27, § 5.
S.D. Codified Laws § 3-21-4 — SD Code / Title 3 / Chapter 21 / Section 3-21-4
Extension of time for service of notice for persons under certain disabilities--Time limit for application to make extended service
Status: in_force

If the person injured is a minor or is mentally or physically incapacitated, the court may allow that person to serve the notice required by § 3-21-2 within a reasonable time after the expiration of the period of disability. The application to the court to make extended service shall be made within two years of the event upon which the claim is based.

Source: SL 1986, ch 4, § 4.
S.D. Codified Laws § 3-8-1.13 — SD Code / Title 3 / Chapter 8 / Section 3-8-1.13
Compensation defined
Status: in_force

The term, compensation, for state employees, means total compensation, which includes direct salary and fringe benefits. Fringe benefits includes employer paid retirement programs, social security, health insurance, life insurance, and any other programs offering a benefit to the employee in which the employer participates.

Source: SL 1993, ch 37.
S.D. Codified Laws § 3-13-50 — SD Code / Title 3 / Chapter 13 / Section 3-13-50
Administration of plan--Hiring and remuneration of additional employees
Status: in_force

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.
S.D. Codified Laws § 3-14-4 — SD Code / Title 3 / Chapter 14 / Section 3-14-4
Exercising functions of office after expiration of term as misdemeanor
Status: in_force

Every person who, having been an executive officer, willfully exercises any of the functions of his office after his term of office has expired and a successor has been duly elected or appointed, and has qualified in his place, and he has notice thereof, is guilty of a Class 2 misdemeanor.

Source: PenC 1877, § 111; CL 1887, § 6311; RPenC 1903, § 116; RC 1919, § 3699; SDC 1939, § 13.1103; SL 1980, ch 24, § 43.
S.D. Codified Laws § 3-6D-2 — SD Code / Title 3 / Chapter 6D / Section 3-6D-2
Removal of commission member--Procedure
Status: in_force

A member of the commission may be removed by the Governor only for cause after being given a copy of the charges and an opportunity to be heard publicly on the charges before the Governor. A copy of the charges and a transcript of the record of the hearing shall be filed with the secretary of state.

Source: SL 2012, ch 23, § 39; SL 2019, ch 21, § 24.
S.D. Codified Laws § 3-12C-1631 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1631
Calculation of Mitchell firefighter benefits
Status: in_force

Upon retirement, each member described in § 3-12C-1629 who is a vested inactive member on July 1, 1996, or an active firefighter in the employ of the city of Mitchell on July 1, 1996, shall receive the greater of:

(1) The member's retirement benefit calculated under this chapter; or

(2) The member's retirement benefit calculated under the city of Mitchell firemen's pension plan based on credited service up to June 30, 1996, and compensation up to June 30, 1996, and utilizing the plan's benefit terms and benefit formula, but applying the system's COLA, as specified in § 3-12C-1630 .

In either case, the retirement benefit shall be paid from the fund established by this chapter.

Source: SL 1996, ch 28, § 3; SL 2008, ch 26, § 2; SL 2017, ch 27, § 29; SDCL § 3-12-155 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-24-7 — SD Code / Title 3 / Chapter 24 / Section 3-24-7
Contested case hearing
Status: in_force

If a majority of the members of the board vote that there is sufficient information to believe that a statewide office holder or executive branch employee has engaged in misconduct related to any subdivision of § 3-24-3 , the board shall conduct a contested case hearing according to chapter 1-26 to afford the accused person the opportunity to respond to the allegation.

Source: SL 2017, ch 32, § 7.
S.D. Codified Laws § 3-2-2 — SD Code / Title 3 / Chapter 2 / Section 3-2-2
Dual offices to be avoided in appointment of deputies
Status: in_force

No state officer may appoint as a deputy any other state or district officer. No state treasurer may appoint as a deputy any county treasurer, register of deeds, sheriff, or county commissioner.

Source: PolC 1877, ch 6, § 4; CL 1887, § 1400; RPolC 1903, § 1819; RC 1919, § 7047; SDC 1939, § 48.0403; SL 1969, ch 195; SL 2010, ch 19, § 5.
S.D. Codified Laws § 3-12C-1004 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1004
Amount of additional survivor protection benefits--Termination
Status: in_force

The additional survivor protection payable under § 3-12C-1001 , on the death of the member or expiration of benefits that may have been paid pursuant to subdivision 3-12C-901(1) because there is no eligible child, entitles the surviving spouse of the member to an annual amount, payable in monthly installments, equal to forty percent of the member's final average compensation, multiplied by the COLA for each full twelve-month period between the earlier of the date of death or disability of the member and the date the payment of the benefit is due to commence. The additional survivor protection benefit shall continue until the surviving spouse dies or attains age sixty-five, whichever is earlier.

Source: SL 1974, ch 35, § 59; SL 1979, ch 30, § 3; SL 1982, ch 34, § 3; SL 2004, ch 40, § 3; SL 2004, ch 41, § 3; SL 2017, ch 27, § 17; SDCL § 3-12-105 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-23-7.1 — SD Code / Title 3 / Chapter 23 / Section 3-23-7.1
Officials with contract authority--Description of interest in contract
Status: in_force

A person described in § 3-23-6 has an interest in a contract if the person, the person's spouse, or any other person with whom the person lives and commingles assets:

(1) Is employed by a party to any contract with the school district or cooperative education service unit; or

(2) Receives more than nominal compensation or reimbursement for actual expenses for serving on the board of directors of an entity that derives income or commission directly from the contract or acquires property under the contract.

Source: SL 2017, ch 31, § 12; SL 2021, ch 73, § 25.
S.D. Codified Laws § 3-12C-310 — SD Code / Title 3 / Chapter 12C / Section 3-12C-310
Privatization of governmental function
Status: in_force

If a participating unit determines that a governmental function is to be privatized after July 1, 1997, the participating unit must pass a resolution to that effect determining the date that its employees will cease to be public employees eligible for membership in the system. The participating unit shall notify the system and the employees affected of the resolution and, after the effective date, cease to make contributions to the system, as required in §§ 3-12C-401 and 3-12C-403 . Any member affected by privatization is entitled to the benefits accrued as of the effective date under the provisions of chapter 3-12C . For the purposes of determining eligibility for vesting and early retirement pursuant to § 3-12C-1111 , years of service with the successor employer must be considered.

Source: SL 1997, ch 30, § 1; SL 2016, ch 31, § 11; SDCL § 3-12-72.4; SL 2019, ch 22, § 1; SL 2025, ch 27, § 26.
S.D. Codified Laws § 3-6C-9 — SD Code / Title 3 / Chapter 6C / Section 3-6C-9
Advanced sick leave
Status: in_force

Sick leave may be advanced to a permanent employee who has been in regular continuous employment of the state for at least one full year if the employee has used all of the employee's accrued vacation and sick leave. If an employee receives advanced sick leave, any subsequent sick leave accrued by the employee shall be credited against the employee's negative sick leave balance until the advanced sick leave is repaid. The employee's advanced negative sick leave balance may not exceed two hundred twenty-eight hours. Advanced sick leave is within the discretion of the bureau under rules promulgated by the commission pursuant to chapter 1-26 , and is authorized only if the bureau's consent has first been obtained.

Source: SL 2012, ch 23, § 20; SL 2019, ch 21, § 9.
S.D. Codified Laws § 3-10-6 — SD Code / Title 3 / Chapter 10 / Section 3-10-6
Purchase of life insurance to guarantee retirement annuities
Status: in_force

The state and its political subdivisions, and the employees thereof, are authorized to purchase individual life insurance contracts to guarantee such retirement annuity and the employer is hereby authorized to withhold payment from the salary of employees to cover the cost of such purchases as provided in Internal Revenue Service regulations which permit the purchase of tax - sheltered annuities and retirement income contracts.

Source: SL 1966, ch 168.
S.D. Codified Laws § 3-11-8 — SD Code / Title 3 / Chapter 11 / Section 3-11-8
Funds acceptable for reimbursement to state of employer contributions
Status: in_force

The State of South Dakota may receive into its general fund any moneys tendered or available from any source whatever for the purpose of reimbursing the State of South Dakota for the employer contributions made by the state pursuant to the provisions of this chapter.

Source: SL 1953, ch 81; SDC Supp 1960, § 17.1215.
S.D. Codified Laws § 3-3-1 — SD Code / Title 3 / Chapter 3 / Section 3-3-1
Veterans preferred in public employment--Age or physical impairment not disqualifying--Veterans with service-connected disabilities preferred
Status: in_force

In all public departments and subdivisions and upon all public works of this state and of the counties, municipalities, and school districts of this state, any veteran, as defined in § 33A-2-1 , who is a citizen of the United States, shall receive preference for appointment, employment, and promotion. Age, loss of limb, or other physical impairment which does not in fact incapacitate does not disqualify the veteran if the veteran possesses the qualifications and business capacity necessary to discharge the duties of the position involved. A veteran who has a service-connected disability shall be given a preference over a nondisabled veteran. In order to determine if the veterans' preference applies, each applicant for employment under this chapter shall complete an employment application on which the applicant is asked if the applicant is a veteran as defined by § 33A-2-1 .

Source: SL 1935, ch 188, §§ 1, 2; SL 1937, ch 227, § 1; SDC 1939, §§ 41.0501, 41.0502; SL 1939, ch 159, § 1; SL 1943, ch 147, § 1; SL 1951, ch 214, § 1; SDC Supp 1960, § 41.0508; SL 1980, ch 27, § 1; SL 1992, ch 60, § 2; SL 2010, ch 19, § 8; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 20, eff. Apr. 12, 2011; SL 2015, ch 20, § 1; SL 2015, ch 21, § 1; SL 2016, ch 30, § 1.
S.D. Codified Laws § 3-12C-1400 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1400
Three consecutive calendar months of separation described
Status: in_force

For purposes of §§ 3-12C-1401 to 3-12C-1406 , inclusive, in order to have three consecutive calendar months of separation that start with the member's effective date of retirement, the member may have no employment or any relationship with a participating unit regardless of classification as part-time, seasonal, temporary, leased, contract, or any other designation, during that time.

Source: SL 2021, ch 29, § 1, eff. Apr. 1, 2021.
S.D. Codified Laws § 3-9-8 — SD Code / Title 3 / Chapter 9 / Section 3-9-8
Accounting for reimbursable expenses--When receipts required--Promulgation of rules
Status: in_force

The state auditor may not issue a warrant for the payment of any expense paid out by any department officer or employee of the state until the department officer or employee has presented to the state auditor an itemized invoice and account of the expenses, the authenticity of which must be duly verified under oath. The claims or vouchers must be filed in, or made available electronically to, the Office of the State Auditor, together with all receipts from the person to whom the payments were made, provided that a receipt is required only upon a rule passed by the state auditor pursuant to chapter 1-26 .

Source: SL 1899, ch 135, § 1; RPolC 1903, § 76; SL 1909, ch 189; SL 1917, ch 281, § 55; SL 1917, ch 366; RC 1919, § 5345; SDC 1939, § 55.1302; SL 1951, ch 263; SL 1970, ch 24; SL 1975, ch 10, § 2; SL 2026, ch 3, § 9.
S.D. Codified Laws § 3-12C-230 — SD Code / Title 3 / Chapter 12C / Section 3-12C-230
Record of board proceedings--Annual report
Status: in_force

The board shall keep complete records of its proceedings which shall be open to public inspection. The board shall prepare an annual report setting forth its financial information for the previous fiscal period including the amount of the accumulated cash and securities of the system, and the results of the most recent actuarial valuation. A copy of the report shall be available on the system's website.

Source: SL 1967, ch 303, § 3 (11); SDCL § 3-12-12; SL 1968, ch 216, § 1; SL 1974, ch 35, § 16; SL 1977, ch 28, § 5; SDCL § 3-12-59 ; SL 2019, ch 22, §§ 10, 45.
S.D. Codified Laws § 3-12C-608 — SD Code / Title 3 / Chapter 12C / Section 3-12C-608
Eligibility for benefits upon becoming full-time employee within twelve months after withdrawal
Status: in_force

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 consecutive months before the member is eligible for benefits pursuant to § 3-12C-901 . The member shall furthermore be ineligible to apply for additional survivor protection pursuant to § 3-12C-1001 as a new member of the system. To be eligible for a disability benefit pursuant to § 3-12C-803 or 3-12C-812 , the member must have at least three years of contributory service since the date of the last withdrawal unless the member was disabled by accidental means while performing the usual duties for the employer.

Source: SL 1993, ch 39, § 2; SL 2014, ch 20, § 31; SDCL § 3-12-131 ; SL 2019, ch 22, § 1; SL 2021, ch 29, § 13, eff. Apr. 1, 2021.
S.D. Codified Laws § 3-12C-1508 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1508
Minimum distribution rules--Annual benefit limitations
Status: in_force

Supplemental pension benefit payments shall follow the minimum distribution rules of § 401(a)(9) of the Internal Revenue Code and as set forth in §§ 3-12C-1901 to 3-12C-1905, inclusive, and the annual benefit limitations of § 415(b)(1)(A) of the Internal Revenue Code and as set forth in §§ 3-12C-1801 to 3-12C-1817 , inclusive.

Source: SL 2008, ch 24, § 9; SL 2013, ch 20, § 15; SDCL § 3-12-196 ; SL 2019, ch 22, § 1; SL 2021, ch 28, § 1.
S.D. Codified Laws § 3-18-15.1 — SD Code / Title 3 / Chapter 18 / Section 3-18-15.1
Grievance procedures to be established
Status: in_force

The governing officer or board of each governmental agency shall enact, by agreement, ordinance, rule, or resolution, and make known to its employees a procedure which its employees may follow for prompt informal dispositions of their grievances.

Source: SL 1970, ch 27, § 1; SL 1993, ch 375, § 5.