S.D. Codified Laws § 3-12C-1112.1 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1112.1
Adjustment of early retirement benefits--Rescind election of annuity payment option--Overpayments
Status: in_force

A member may not elect to change normal payment of the member's retirement annuity in favor of adjusted payments pursuant to § 3-12C-1112 , or the opposite if more than one monthly retirement annuity payment has been made to the member. If a member who has received one adjusted payment, pursuant to § 3-12C-1112 , elects to change to the normal method of payment, the system must deduct, in a lump sum, the amount of the resulting overpayment from the member's next monthly annuity payment. A deduction may be up to one hundred percent of the member's normal benefit and may extend to subsequent benefit payments to eliminate the overpayment in the shortest time possible.

Source: SL 2025, ch 27, § 50.
S.D. Codified Laws § 3-5-6 — SD Code / Title 3 / Chapter 5 / Section 3-5-6
Limitation of liability by surety
Status: in_force

Any surety on any official bond running to the state or any county, may limit his liability by inserting after his name the words "not to exceed" naming the amount to which he desires to limit his liability. Any surety may also limit its or his liability as to time by inserting in the bond a provision that it or he shall not be liable for any acts of the principal prior to the date of the bond.

Source: SL 1907, ch 79; RC 1919, § 7039; SL 1929, ch 206, § 1; SDC 1939, § 48.0307.
S.D. Codified Laws § 3-12C-1904 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1904
Incidental benefit rule
Status: in_force

The death and disability benefits provided by the system are limited by the incidental benefit rule set forth in § 401(a)(9)(G) of the Internal Revenue Code and Treasury Regulation § 1.401-1(b)(1)(i). As a result, the total death or disability benefits payable may not exceed twenty-five percent of the cost for all of the member's benefits received from the system.

Source: SL 2021, ch 28, § 5.
S.D. Codified Laws § 3-6D-15 — SD Code / Title 3 / Chapter 6D / Section 3-6D-15
Grievances--Hearing--Notice--Summary disposition
Status: in_force

If a grievance remains unresolved after exhaustion of an agency grievance procedure, a civil service employee may demand a hearing before the commission as provided for in contested cases in chapter 1-26 . The proceedings shall be held as provided in chapter 1-26 . The commission shall provide notice of the hearing within thirty calendar days of an employee's request for a hearing. The commission shall conduct a hearing within thirty calendar days of the notice of the hearing unless the hearing is continued for good cause or unless the commission determines, upon the motion of any party, that the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that a grievance, defense, or claim presents no genuine issue as to any material fact and a party is entitled to a judgment as a matter of law. The commission, upon the motion of any party, may dispose of any grievance, defense, or claim at the close of the evidence offered by the proponent of the grievance, defense, or claim if the commission determines that the evidence offered by the proponent of the grievance, defense, or claim is legally insufficient to sustain the grievance, defense, or claim. The human resources commissioner shall schedule the hearing to ensure compliance with the time frames provided in this section. If the grievant agrees, the commissioner may appoint a hearing examiner as authorized in § 1-26-18.3 .

Any final action or decision may be appealed pursuant to chapter 1-26 .

Source: SL 2012, ch 23, § 52; SL 2018, ch 12, § 4; SL 2019, ch 21, § 37.
S.D. Codified Laws § 3-9-1.2 — SD Code / Title 3 / Chapter 9 / Section 3-9-1.2
Mileage reimbursement--Designated city area
Status: in_force

Upon written request of the head of a state agency or institution, the state auditor may reimburse a person using a motor vehicle on state business for mileage within a designated city area if the required travel is not compensated through the person’s salary. For the purposes of this section, the term "designated city area" means an area extending five miles beyond the municipal boundaries of Pierre, Sioux Falls, Aberdeen, Watertown, Brookings, and Rapid City.

Source: SL 2024, ch 20, § 3.
S.D. Codified Laws § 3-12C-108 — SD Code / Title 3 / Chapter 12C / Section 3-12C-108
Effective rate of interest defined
Status: in_force

For purposes of this chapter, "effective rate of interest" means the interest at an annually compounded rate to be established by the board for each fiscal year. The rate may be no greater than ninety percent of the average ninety-one day United States treasury bill rate for the immediately preceding calendar year and in no event may the rate be more than the rate established by the board pursuant to § 3-12C-227 , for investment return for purposes of the actuarial valuation. If a member withdraws contributions pursuant to § 3-12C-602 or 3-12C-604 , or if benefits are payable under § 3-12C-409 , the interest must be as annually compounded on the preceding June thirtieth.

Source: SL 2016, ch 32, § 54; SDCL § 3-12-47.8; SL 2019, ch 22, § 1; SL 2025, ch 27, § 8.
S.D. Codified Laws § 3-5-12 — SD Code / Title 3 / Chapter 5 / Section 3-5-12
New bond or restoration of bond becoming insufficient
Status: in_force

When any official bond running to the state or any county becomes insufficient for the purpose thereof, the approving authority shall require a new bond or additional surety or sureties, as shall be necessary to restore the bond to the full amount of liability required by law.

Source: SL 1907, ch 79; RC 1919, § 7039; SL 1929, ch 206, § 1; SDC 1939, § 48.0307.
S.D. Codified Laws § 3-6C-29 — SD Code / Title 3 / Chapter 6C / Section 3-6C-29
Reporting improper governmental conduct or crime--Required form--Reporter cooperation--Construction
Status: in_force

A supervisor who must submit a required report pursuant to § 3-6C-28 shall prepare the required report in a form prescribed by the attorney general.

The reporter shall cooperate with any investigation or inquiry initiated in response to the filing of the required report.

Nothing in this section may be construed to prohibit the reporter from filing a complaint pursuant to § 3-24-4 .

Source: SL 2025, ch 25, § 4.
S.D. Codified Laws § 3-18-5 — SD Code / Title 3 / Chapter 18 / Section 3-18-5
Question on representative of employees--Petition for investigation or certification--Hearing to ascertain representatives for formal recognition
Status: in_force

When a question concerning the representative of employees 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 certify to the parties in writing, the name or names of the representatives that have been designated or selected. The filing of a petition for the investigation or certification of a representative of employees by any of the parties shall constitute a question within the meaning of this section. In any such investigation, the department may provide for an appropriate hearing, and shall take a secret ballot of employees to ascertain such representatives for the purposes of formal recognition. If the department has certified a formally recognized representative in a unit of employees as provided in § 3-18-4 , it shall not be required to consider the matter again for a period of one year unless it appears to it that sufficient reason exists.

Source: SL 1969, ch 88, § 7, subdiv 5; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 33, eff. Apr. 12, 2011.
S.D. Codified Laws § 3-18-3.4 — SD Code / Title 3 / Chapter 18 / Section 3-18-3.4
Time for filing complaint on unfair practice
Status: in_force

Any complaint brought under the provisions of §§ 3-18-3.1 and 3-18-3.2 shall be filed with the Department of Labor and Regulation within sixty days after the alleged commission of an unfair labor practice occurs or within sixty days after the complainant should have known of the offense.

Source: SL 1983, ch 23; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 33, eff. Apr. 12, 2011.
S.D. Codified Laws § 3-12C-1401.2 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1401.2
Certification when retired member becomes reemployed--Perjury
Status: in_force

If a retired member becomes reemployed by the same employer unit the member retired from within one year after the member's retirement, the system may require both the member and the employer unit to certify that:

(1) The member's termination was a complete severance of employment and the member has been separated from service for at least three consecutive calendar months prior to reemployment, as provided for in § 3-12C-1401 ;

(2) All standard hiring and employment procedures of the employer unit were followed in the reemployment process; and

(3) No prior agreement to reemploy the member, either overt or covert, existed between the member and the employer unit or any officer of the employer unit.

An employer unit's chief executive officer, the officer's agent, or the chair of the employer's governing commission or board shall provide the certification on behalf of the employer unit. The system must provide forms for the member's and the employer unit's certifications. An intentionally false certification is perjury, as provided for in § 22-29-9.1 .

Source: SL 2025, ch 27, § 52.
S.D. Codified Laws § 3-20-4 — SD Code / Title 3 / Chapter 20 / Section 3-20-4
Eligibility for reduced tuition benefits
Status: in_force

To be eligible for the reduced tuition benefit, any employee of the state shall:

(1) Be a bona fide resident of the state and employed by the state in a permanent classification that is eligible for benefits pursuant to chapter 3-12A ;

(2) Maintain an average academic grade of 2.0 or better; and

(3) Have received a merit rating of competent or better in his most recent merit appraisal or is otherwise certified as competent by his immediate supervisor.

Source: SL 1986, ch 28, § 4; SL 1993, ch 45, § 3.
S.D. Codified Laws § 3-23-8.1 — SD Code / Title 3 / Chapter 23 / Section 3-23-8.1
Written conflict of interest policy
Status: in_force

Each school district or cooperative education service unit shall develop a written conflict of interest policy, including any disclosure and authorization form that includes the list of any disclosable interest in contracts or direct benefits covered by this chapter.

Source: SL 2017, ch 31, § 15; SL 2021, ch 73, § 28.
S.D. Codified Laws § 3-12C-1504.2 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1504.2
Proof of marital status
Status: in_force

A participant who is married at the time that the participant contracts for a supplemental pension benefit shall provide a copy of the participant's marriage license to the system.

Source: SL 2025, ch 27, § 57.
S.D. Codified Laws § 3-13-83.1 — SD Code / Title 3 / Chapter 13 / Section 3-13-83.1
Immediate distribution--In-service distribution--Age requirement--Effect
Status: in_force

Notwithstanding § 3-13-83 , a participant who is at least fifty-nine and one-half years old may elect to receive an in-service distribution from the plan in any form permitted under § 3-13-80 . The receipt of an in-service distribution pursuant to this section does not preclude the participant from continuing to make deferrals of compensation into the plan.

Source: SL 2026, ch 27, § 2.
S.D. Codified Laws § 3-12C-815 — SD Code / Title 3 / Chapter 12C / Section 3-12C-815
Health care provider information--Disability--Other medical documentation
Status: in_force

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 perform the duties required by the member’s employment. If no form is provided by a health care provider, the member must submit other medical documentation of the diagnosis, complicating conditions, including limitations or restrictions, and the member’s ability to perform usual duties required by the member’s employment.

Source: SL 2014, ch 20, § 4; SDCL § 3-12-204; SL 2019, ch 22, § 1; SL 2024, ch 22, § 2.
S.D. Codified Laws § 3-18-8.1 — SD Code / Title 3 / Chapter 18 / Section 3-18-8.1
Intervention by department on failure to reach agreement
Status: in_force

In case of impasse or failure to reach an agreement in negotiations conducted under the provisions of this chapter, either party may request the Department of Labor and Regulation to intervene under the provisions of §§ 60-10-1 to 60-10-3 , inclusive. Such request shall be mailed within ten days after a written statement is delivered to the designated representative for the other party declaring an impasse. Nothing in this section prohibits the parties to an impasse from adopting any other procedure to facilitate a settlement that is mutually agreeable.

Source: SL 1970, ch 26, § 3; SL 1983, ch 24, § 1; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 33, eff. Apr. 12, 2011.
S.D. Codified Laws § 3-21-9 — SD Code / Title 3 / Chapter 21 / Section 3-21-9
No liability for parole or release of prisoner or revocation thereof or for certain other matters
Status: in_force

No person, political subdivision, or the state is liable for any injury resulting from the parole or release of a prisoner or from the terms and conditions of his parole or release or from the revocation of his parole or release, or for any injury caused by or resulting from:

(1) An escaping or escaped prisoner;

(2) An escaping or escaped person;

(3) A person resisting arrest;

(4) A prisoner to any other prisoner; or

(5) Services or programs administered by or on behalf of the prison, jail, or correctional facility.

Source: SL 1986, ch 4, § 11.
S.D. Codified Laws § 3-13C-13.2 — SD Code / Title 3 / Chapter 13C / Section 3-13C-13.2
Required minimum distributions--Member's death before distributions begun
Status: in_force

If a member dies before required distribution of the member's benefits has begun, the member's interest shall be distributed as follows:

(1) If the member has a surviving spouse, the surviving spouse shall receive benefits over the life of the surviving spouse beginning as soon as administratively possible and effective the month after the member's death; or

(2) If the member has no surviving spouse, the member's remaining interest shall be distributed in a lump sum payment to the designated beneficiary within five years from the date of the member's death.

Source: SL 2021, ch 28, § 22.
S.D. Codified Laws § 3-13A-23.4 — SD Code / Title 3 / Chapter 13A / Section 3-13A-23.4
Required minimum distributions--Reasonable and made in good faith
Status: in_force

Notwithstanding the provisions of §§ 3-13A-23 to 3-13A-23 .1, inclusive, or the provisions of the treasury regulations, benefit options may continue so long as the option satisfies § 401(a)(9) of the Internal Revenue Code based on a reasonable and good faith interpretation of that section.

Source: SL 2021, ch 28, § 17.
S.D. Codified Laws § 3-13-91 — SD Code / Title 3 / Chapter 13 / Section 3-13-91
Plan assets--Trust
Status: in_force

The plan and the plan's assets, until made available to a participant or a beneficiary, must be maintained in trust for the sole benefit of the participants of the plan.

Source: SL 2025, ch 27, § 118.
S.D. Codified Laws § 3-12C-1608 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1608
Board of Regents employees--Definition of balances
Status: in_force

Terms as used in §§ 3-12C-1608 to 3-12C-1612 , inclusive, unless the context otherwise requires, shall mean:

(1) "Board of Regents' balance," the contributions from April 1, 1964, to June 30, 1975, plus accumulated interest, made by the Board of Regents and deposited on behalf of an employee in any pension fund that is established by contract with an insurance company;

(2) "Excess balance," the contributions in addition to those accumulated in the individual balance and made from April 1, 1964, to June 30, 1975, with accumulated interest, by a Board of Regents employee included in the provisions of §§ 3-12C-1608 to 3-12C-1612 , inclusive, and deposited in any pension fund that is established by contract with an insurance company;

(3) "Individual balance," the contributions from April 1, 1964, to June 30, 1975, with accumulated interest made on a matching basis by the Board of Regents' employees included in the provisions of §§ 3-12C-1608 to 3-12C-1612 , inclusive, and the Board of Regents and deposited on behalf of the employee in any pension fund that is established by contract with an insurance company.

Source: SL 1975, ch 38, § 1; SL 1979, ch 29, § 1; SDCL § 3-12-69.1 ; SL 2019, ch 22, § 1; SL 2021, ch 27, § 6.
S.D. Codified Laws § 3-6C-25 — SD Code / Title 3 / Chapter 6C / Section 3-6C-25
Student intern preference to South Dakota residents or students
Status: in_force

Preference in the selection of student interns shall be given to those students who are residents of South Dakota or attending an institution of higher education within this state.

Source: SL 2012, ch 23, § 36.
S.D. Codified Laws § 3-13-76 — SD Code / Title 3 / Chapter 13 / Section 3-13-76
Selection of normal retirement date--Amendment
Status: in_force

A participant may select a normal retirement date. The normal retirement date may not be earlier than the date that the participant severs employment. If a participant does not select a normal retirement date, the participant's normal retirement date is as defined in chapter 3-12C .

Source: SL 2025, ch 27, § 103.
S.D. Codified Laws § 3-12C-104 — SD Code / Title 3 / Chapter 12C / Section 3-12C-104
COLA or cost of living adjustment defined
Status: in_force

For purposes of this chapter, "COLA" or "cost of living adjustment" means the annual increase, if any, as determined by § 3-12C-704 , in the amount of the benefit provided on July first, compounded annually. No COLA may be provided unless the member has received benefit payments for at least the consecutive, twelve-month period before July first.

Source: SL 2017, ch 27, § 1; SDCL § 3-12-47.10; SL 2019, ch 22, §§ 4, 45; SL 2021, ch 26, § 1; SL 2025, ch 27, § 3.
S.D. Codified Laws § 3-2-1 — SD Code / Title 3 / Chapter 2 / Section 3-2-1
Appointment of deputy to be in writing--Revocation--Filing
Status: in_force

The appointment of every deputy must be in writing and shall be revocable in writing at the pleasure of the principal, and all such appointments and revocations shall be filed as and where required for the bond and oath of the principal.

Source: SL 1872-3, ch 49, § 1; SL 1874-5, ch 27, § 37; PolC 1877, ch 6, § 1; CL 1887, § 1397; SL 1891, ch 108, § 1; RPolC 1903, § 1816; RC 1919, § 7045; SDC 1939, § 48.0401.
S.D. Codified Laws § 3-12C-1210 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1210
Irrevocable benefit election by generational members
Status: in_force

If more than one monthly retirement benefit payment has been made to the generational member, the benefit election made by a member is irrevocable and surviving spouse benefits, if elected, may only be paid to the person who is the spouse both at the time of the election and at the time of the member's death and only if the spouse survives the member. The benefit election may not be rescinded in the event of a subsequent divorce or the subsequent death of the spouse.

Source: SL 2016, ch 32, § 10; SDCL § 3-12-509 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-6F-3 — SD Code / Title 3 / Chapter 6F / Section 3-6F-3
Confidentiality of results
Status: in_force

Individual test results and medical information collected pursuant to this chapter are confidential. This information may be revealed only as authorized by the human resources commissioner. An applicant or employee may have access to the information or test results upon written request to the human resources commissioner.

Source: SL 2012, ch 23, § 85; SL 2019, ch 21, § 65.
S.D. Codified Laws § 3-12C-901 — SD Code / Title 3 / Chapter 12C / Section 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
Status: in_force

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 year, one-half year of contributory service having been performed after the end of the last break; or if the member was receiving a disability benefit which commenced after July 1, 1974, and was based on an application received by the system before July 1, 2015, the following benefits must be paid:

(1) A surviving spouse having the care of children shall receive an annual amount, payable in monthly installments, equal to forty percent of the member's projected compensation, plus ten percent of the projected compensation for each child to a maximum of six children;

(2) The conservator or custodian of each child, on whose account there is no benefit payable under subdivision (1) of this section, shall receive on behalf of each child, to a maximum of five children, an annual amount, payable in monthly installments, equal to twenty percent of the member's projected compensation;

(3) If the sum of benefits payable under subdivisions (1) and (2) of this section exceeds one hundred percent of the member's projected compensation, the benefits payable under both subdivisions (1) and (2) of this section must be proportionally reduced so that the total of the benefits is equal to one hundred percent of the member's projected compensation; and

(4) If there are no benefits being paid under subdivision (1) of this section and the member's accumulated contributions have not been withdrawn pursuant to § 3-12C-906 , the spouse who has reached age sixty-five shall, upon the system's receipt of a completed application, receive a monthly payment equal to sixty percent of the amount which would have been payable to the deceased member at normal retirement age based on the member's credited and projected service, projected compensation, and projected primary social security. If the surviving spouse is eligible at the time of the member's death, the benefit is effective the first day of the month following the date on which the member's contributory service terminates. The benefit payable under this subdivision must be increased by application of the COLA commencing each July first for each complete twelve-month period between the date the member would have reached normal retirement age and the date benefits commence to the spouse.

For benefits payable pursuant to subdivision (1) or (2) of this section, the 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.

For purposes of this section, "care of children" means the responsibility for the maintenance, education, and supervision of one or more children.

Source: SL 1967, ch 303, § 9 as added by SL 1968, ch 216, § 1; SDCL Supp, § 3-12-29.2; SL 1970, ch 25, § 8; SL 1974, ch 35, § 51; SL 1976, ch 40, § 3; SL 1979, ch 30, § 1; SL 1980, ch 31, § 8; SL 1982, ch 34, § 2; SL 1984, ch 25; SL 1993, ch 213, § 78; SL 1999, ch 16, § 2; SL 2004, ch 40, § 1; SL 2005, ch 24, § 4; SL 2006, ch 18, § 2; SL 2010, ch 20, § 11; SL 2014, ch 20, § 23; SL 2017, ch 27, § 14; SDCL § 3-12-95; SL 2019, ch 22, § 1; SL 2020, ch 12, § 8; SL 2020, ch 15, § 1; SL 2025, ch 27, § 47.
S.D. Codified Laws § 3-12C-202 — SD Code / Title 3 / Chapter 12C / Section 3-12C-202
System managed by board--Standard of conduct--Legal advice
Status: in_force

The system shall be under the Board of Trustees. The Board of Trustees shall be held to the standard of conduct of a fiduciary and shall carry out its functions solely in the interest of the members 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 system may not engage in any activity that is not solely designed to provide for the exclusive benefit of the members and benefit recipients of the system. The attorney general is the legal adviser to the board.

Source: SL 1967, ch 303, § 3; SDCL § 3-12-4; SL 1968, ch 216, § 1; SL 1973, ch 2, § 22 (a) to (d); SL 1973, ch 25; SDCL Supp, §§ 3-12-4.1, 3-13-4.1, 13-45-8.1, 16-8-7.1; SL 1974, ch 35, § 12; SL 1979, ch 27, § 3; SL 1992, ch 30, § 2; SL 2010, ch 21, § 1; SDCL § 3-12-54 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-13-101 — SD Code / Title 3 / Chapter 13 / Section 3-13-101
Automatic enrollment--Automatic escalation--Circumstances for no escalation
Status: in_force

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 became an automatic enrollment unit after June 30, 2015. If the enrollee has one or more investment alternatives or a Roth account, or any combination thereof, the additional dollars must be prorated in the same manner as the enrollee's deferral before the escalation. No automatic escalation may occur for an automatic enrollee unless at least one year has passed from the enrollee's hire date on which the enrollee became an automatic enrollee. In addition, no automatic escalation may occur for an automatic enrollee who opts out of automatic escalation or has lowered the automatic enrollee's deferral to zero.

Source: SL 2025, ch 27, § 128.
S.D. Codified Laws § 3-21-13 — SD Code / Title 3 / Chapter 21 / Section 3-21-13
Restrictions on agreements providing for indemnification
Status: in_force

No agreement providing for indemnification by the state is enforceable against the state, except to the extent that liability coverage is provided for the indemnification pursuant to § 3-22-1 , funds are specifically appropriated by the Legislature to provide for the indemnification, or the Legislature has expressly authorized the indemnification.

Source: SL 2019, ch 25, § 1.
S.D. Codified Laws § 3-12C-406 — SD Code / Title 3 / Chapter 12C / Section 3-12C-406
Knowing transmission of report with excluded compensation as misdemeanor
Status: in_force

Any person or employer who transmits a report of compensation to the system knowing that some or all of the compensation is excluded by § 3-12C-105 , is guilty of a Class 1 misdemeanor.

Source: SL 2017, ch 28, § 5; SDCL § 3-12-47.13 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-10-5 — SD Code / Title 3 / Chapter 10 / Section 3-10-5
Withholding from salary and purchase of annuity--Periodic payments
Status: in_force

When so authorized by an employee, it shall be the duty of the employer to withhold the amount designated from the salary of the employee and to purchase a retirement annuity from a company or organization licensed to do business in the State of South Dakota, for such employee and to make the periodic payments on such retirement annuity according to the terms of the annuity contract.

Source: SL 1963, ch 329.
S.D. Codified Laws § 3-12C-1801 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1801
Participant--Definition in this part
Status: in_force

For purposes of §§ 3-12C-1801 to 3-12C-1817 , inclusive, a participant is a member, retiree, or the surviving spouse of a member or retiree, who is eligible to participate in the qualified benefit preservation arrangement as determined by § 3-12C-1804 .

Source: SL 2020, ch 14, § 1; SL 2025, ch 27, § 72.
S.D. Codified Laws § 3-18-6 — SD Code / Title 3 / Chapter 18 / Section 3-18-6
Promulgation of rules of procedure for elections and negotiations
Status: in_force

The secretary of labor and regulation shall promulgate rules pursuant to chapter 1-26 to carry out the provisions of §§ 3-18-4 , 3-18-5 , and 3-18-8.1 . The rules shall specify:

(1) The procedure to be used for the election to determine representation for formal recognition; and

(2) The procedure to follow if negotiations reach an impasse.

Source: SL 1969, ch 88, § 7, subdiv 5; SL 1983, ch 22, § 4; SL 1993, ch 375, § 4; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 33, eff. Apr. 12, 2011.
S.D. Codified Laws § 3-6C-20 — SD Code / Title 3 / Chapter 6C / Section 3-6C-20
Holiday benefit eligibility
Status: in_force

Holidays, other than Sundays, enumerated in § 1-5-1 , are a benefit for permanent employees including those who are not scheduled to work the day on which a holiday falls. A permanent employee shall receive holiday pay if the employee works at least one shift or is on approved paid leave during the calendar week in which the holiday falls. Part-time permanent employees shall receive prorated holiday pay. For payroll and leave purposes, a holiday on which an employee does not work is no more than eight hours long. When an hourly employee must work on the date a holiday is observed, the holiday pay is the greater of either eight hours or the total hours worked. Holiday pay for an hourly, permanent, part-time employee who must work on the date a holiday is observed is the greater of either the prorated amount or total hours worked.

Source: SL 2012, ch 23, § 31; SL 2019, ch 21, § 19; SL 2022, ch 12, § 1.
S.D. Codified Laws § 3-12C-811 — SD Code / Title 3 / Chapter 12C / Section 3-12C-811
Disability benefits for applications received after June 30, 2015
Status: in_force

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.
S.D. Codified Laws § 3-6C-32 — SD Code / Title 3 / Chapter 6C / Section 3-6C-32
Reporter safeguards--Definitions
Status: in_force

Terms used in §§ 3-6C-32 to 3-6C-36 , inclusive, mean:

(1) "Adverse employment action," constructive or actual discharge, suspension from employment, demotion, transfer, decrease in compensation or benefits, imposition of an unfavorable work schedule, or any other similar reprisal or retaliatory action;

(2) "Conflict of interest," conduct defined or described in §§ 5-18A-17 to 5-18A-17.6 , inclusive, 42-7A-27 , and 42-7A-28 ;

(3) "Crime," a criminal act attempted or committed by misusing a state employee’s access, duty, responsibility, or position as a state employee, which constitutes a felony under state law;

(4) "Good faith report," a report made, without malice, by a reporter, which the reporter has reasonable cause to believe is accurate and true;

(5) "Improper governmental conduct," any conduct or omission that results in:

(a) A conflict of interest prohibited by state law;

(b) Fraud; or

(c) Theft of moneys or property belonging to or derived from federal, state, or local government sources, constituting a felony;

(6) "Reporter," a state employee who witnesses or has evidence of improper governmental conduct or a crime, and who makes a good faith report of the improper governmental conduct or the crime, to a supervisor or other appropriate authority;

(7) "State agency," any agency, board, bureau, commission, committee, department, division, or office of this state; and

(8) "State employee," a full-time, part-time, seasonal, or temporary employee of any state agency.

Source: SL 2025, ch 26, § 1.
S.D. Codified Laws § 3-6C-36 — SD Code / Title 3 / Chapter 6C / Section 3-6C-36
Reporter safeguards--Cause of action--Venue--Available remedies--Time to bring action--Exhaustion--Construction
Status: in_force

A reporter may bring a civil action for a violation of § 3-6C-34 in the circuit court of Hughes County against the reporter's supervisor, in the supervisor's official capacity, or the state agency by which the reporter is employed.

The court may order any of the following remedies:

(1) An injunction to restrain continued violation of § 3-6C-34 ;

(2) Reinstatement of the reporter to the same position or, if the position is filled, to an equivalent position;

(3) Back pay;

(4) Full reinstatement of fringe benefits and seniority rights; and

(5) If appropriate and in the interests of justice, an award of attorney’s fees and costs.

An action may not be brought pursuant to this section more than two years after the violation of § 3-6C-34 occurred.

A reporter bringing an action under this section may not be required to exhaust existing internal procedures or other administrative remedies.

Nothing in this section may be construed to exclude a reporter's remedy pursuant to § 3-6D-22 .

Source: SL 2025, ch 26, § 5.
S.D. Codified Laws § 3-6D-16 — SD Code / Title 3 / Chapter 6D / Section 3-6D-16
Good cause for employee discipline--Order upholding or reversing agency decision
Status: in_force

In resolving grievances involving the discipline of a civil service employee, the commission shall determine and decide whether the action was made for good cause. If the commission finds that the action was made for good cause, the commission shall enter an order upholding the decision of the agency disciplining the employee. If, however, the commission finds that the action was made without good cause, the commission shall enter an order reversing the decision of the agency.

Source: SL 2012, ch 23, § 53; SL 2019, ch 21, § 38.
S.D. Codified Laws § 3-3-5 — SD Code / Title 3 / Chapter 3 / Section 3-3-5
Noncompliance as misdemeanor
Status: in_force

Any person in the public service who neglects or refuses to comply with the provisions of this chapter is guilty of a Class 1 misdemeanor.

Source: SL 1935, ch 188, § 8; SDC 1939, § 41.9903; SL 1980, ch 24, § 33; SL 2010, ch 19, § 12.
S.D. Codified Laws § 3-12C-509 — SD Code / Title 3 / Chapter 12C / Section 3-12C-509
Purchase of prior service credit for public service not covered by retirement plan
Status: in_force

If a current contributing member with at least five years of contributory service in the system has other public service for which the member is not entitled to retirement benefits from another public retirement system, the member may elect to deposit or have deposited on the member's behalf an amount equal to an actuarially-determined percentage times the Class A rate of contribution multiplied by the higher of the member's annual compensation at the time of making the election, or the member's final compensation calculated as if the member retired on the date of the member's election, for each year of other public service for which the member wishes to receive credit as a Class A member.

The member rate in effect as of July 1, 2001, shall be used in calculation of the purchase cost of any service performed prior to July 1, 2002, if a contract to purchase such service was in place prior to July 1, 2004. The member rate in effect on and after July 1, 2002, shall be the basis for calculation of the purchase cost of any service if the contract to purchase such service is not in place until on or after July 1, 2004.

Source: SL 1974, ch 35, § 41; SL 1980, ch 31, § 5; SL 1984, ch 24, § 6; SL 1989, ch 38, § 17; SL 2002, ch 23, § 3; SL 2004, ch 39, § 2; SDCL § 3-12-84; SL 2019, ch 22, § 1; SL 2023, ch 14, § 3.
S.D. Codified Laws § 3-1-8 — SD Code / Title 3 / Chapter 1 / Section 3-1-8
Acting as officer without qualifying as misdemeanor--Validity of acts of de facto officer
Status: in_force

Every person who executes any of the functions of a public office without having taken and duly filed the required oath of office, or without having executed and duly filed the required security, is guilty of a Class 2 misdemeanor; and in addition to the punishment prescribed therefor, he forfeits his right to the office. Nothing in this section shall be construed to affect the validity of acts done by a person exercising the functions of a public office in fact, where other persons than himself are interested in maintaining the validity of such acts.

Source: PenC 1877, §§ 96, 97; CL 1887, §§ 6296, 6297; RPenC 1903, §§ 101, 102; RC 1919, §§ 3684, 3685; SDC 1939, § 13.1102; SL 1980, ch 24, § 30.
S.D. Codified Laws § 3-6E-12 — SD Code / Title 3 / Chapter 6E / Section 3-6E-12
Persons to whom benefits payable
Status: in_force

Any benefits payable under the plan may be paid either directly to the attending physician, dentist, hospital, medical, or dental group, or other person, corporation, limited liability company, association, or firm furnishing the service upon which the claim is based, or to the member upon presentation of receipted bills for such service.

Source: SL 2012, ch 23, § 74; SL 2019, ch 21, § 56.
S.D. Codified Laws § 3-23-4 — SD Code / Title 3 / Chapter 23 / Section 3-23-4
Circumstances under which authority, board, or commission may contract with former member
Status: in_force

Within the one-year period prohibiting any contract with an elected or appointed authority, board, or commission member, the authority, board, or commission may approve a former member to contract with the elected or appointed authority, board, or commission if the authority, board, or commission determines that the terms of the contract are fair, reasonable, and are in the best interests of the public.

Any approval given pursuant to this section shall be included in the official minutes of the authority, board, or commission and is a public record. The minutes including the approval shall be filed with the auditor-general and attorney general. The auditor-general shall compile and present any approval annually for review by the Government Operations and Audit Committee.

Source: SL 2016, ch 33, § 4; SL 2017, ch 31, § 8.
S.D. Codified Laws § 3-23-7.2 — SD Code / Title 3 / Chapter 23 / Section 3-23-7.2
Officials with contract authority--Exclusions from interest in or direct benefit from contract
Status: in_force

A person described in § 3-23-6 does not derive a direct benefit from or have an interest in a contract:

(1) Based solely on the value associated with the person's publicly-traded investments or holdings, or the investments or holdings of any other person with whom the board member, business manager, chief financial officer, superintendent, or chief executive officer lives or commingles assets;

(2) By participating in a vote or a decision in which the person's only interest arises from an act of general application;

(3) Based on the person receiving income as an employee or independent contractor of a party with whom the school district or cooperative education service unit has a contract, unless the person receives compensation or a promotion directly attributable to the contract, or unless the person is employed by the party as a board member, executive officer, or other person working for the party in an area related to the contract;

(4) If the contract is for the sale of goods or services, or for maintenance or repair services, in the regular course of business at a price at or below a price offered to all customers;

(5) If the contract is subject to a public bidding process;

(6) If the contract is with the official depository as set forth in § 6-1-3 ;

(7) Based solely on the person receiving nominal income or compensation, a per diem authorized by law or reimbursement for actual expenses incurred; or

(8) If the contract or multiple contracts with the same party within a twelve-month period with whom the school district or cooperative education service unit contracts is in an amount less than five thousand dollars.

Source: SL 2017, ch 31, § 13; SL 2021, ch 73, § 26.
S.D. Codified Laws § 3-17-4 — SD Code / Title 3 / Chapter 17 / Section 3-17-4
Notice and hearing on removal of law enforcement officer
Status: in_force

Proceedings for the removal of any such officer may be commenced either by the Governor on the Governor's own motion, or on written complaint of any citizen of the state, filed with the Governor. Written notice of the time and place fixed for the hearing of the complaint, together with a copy thereof, must be personally served on the officer at least ten days before the hearing.

Source: SL 1917, ch 281, § 2; RC 1919, § 7011; SL 1923, ch 248; SDC 1939, § 48.0203; SL 2023, ch 3, § 20.
S.D. Codified Laws § 3-8-4 — SD Code / Title 3 / Chapter 8 / Section 3-8-4
Dual salaries prohibited
Status: in_force

Except as provided in §§ 3-8-4.1 to 3-8-4.3 , inclusive, no person receiving a salary payable out of the state treasury or from the funds of any state institution or department, may, during the period for which such salary has been or is to be paid, receive any other salary from the state or any institution or department thereof.

Source: SDC 1939, § 48.0603; SL 1976, ch 37, § 1; SL 1997, ch 23, § 1.
S.D. Codified Laws § 3-6D-1 — SD Code / Title 3 / Chapter 6D / Section 3-6D-1
Civil Service Commission--Members--Appointment--Terms--Vacancies
Status: in_force

There is hereby created a Civil Service Commission. The commission consists of seven members, not all of whom may be of the same political party. Three of the members shall be experienced in law enforcement. The Governor shall appoint each member for a term of four years, beginning on the first day of July. Any member appointed to fill a vacancy arising from other than the natural expiration of a term shall serve for only the unexpired portion of the term.

Source: SL 2012, ch 23, § 38; SL 2019, ch 21, § 23.
S.D. Codified Laws § 3-12C-109 — SD Code / Title 3 / Chapter 12C / Section 3-12C-109
Minimum actuarial requirement to support benefits defined
Status: in_force

For purposes of this chapter, "minimum actuarial requirement to support benefits" means the normal cost and the interest on and amortization of the unfunded actuarial accrued liability over a period not to exceed twenty years, all expressed in terms of a percentage of covered payroll and based on the baseline COLA or the restricted COLA, as applicable. If the actuarial value of assets exceeds the actuarial accrued liability, the minimum actuarial requirement to support benefits includes recognition of the amount by which the actuarial value of assets exceeds the actuarial accrued liability. In no event may the recognition reduce the minimum actuarial requirement to support benefits to a percentage less than the contribution rate.

Source: SL 2018, ch 33, § 13; SDCL § 3-12-120.4; SL 2019, ch 22, § 1; SL 2023, ch 16, § 3; SL 2025, ch 27, § 9.
S.D. Codified Laws § 3-13A-17 — SD Code / Title 3 / Chapter 13A / Section 3-13A-17
Powers and duties of executive director
Status: in_force

The executive director shall administer the program and shall determine all questions arising under or in connection with the program. The executive director may hire additional employees as may be required and shall set the remuneration of the employees. In addition, the executive director, with the approval of the board, may contract with vendors for third-party administration of various duties under the program as the executive director sees fit. The executive director shall execute any agreements necessary to carry out the provisions of §§ 3-13A-1 to 3-13A-25 , inclusive, except any agreements executed by the state investment officer pursuant to § 3-13A-9 .

Source: SL 2004, ch 43, § 16; SDCL § 3-12-180; SL 2005, ch 28, § 1; SL 2016, ch 31, § 59.
S.D. Codified Laws § 3-13-56.7 — SD Code / Title 3 / Chapter 13 / Section 3-13-56.7
Ceasing of deferrals
Status: in_force

A participant may cease making deferrals at any time.

Source: SL 2025, ch 27, § 83.
S.D. Codified Laws § 3-18-15.5 — SD Code / Title 3 / Chapter 18 / Section 3-18-15.5
Grievance procedures for employees of political subdivisions
Status: in_force

The provisions of § 3-18-15.1 do not apply to employees of political subdivisions unless those employees are members of a public employee union or the governing body of a political subdivision has adopted an ordinance or resolution establishing a grievance procedure for all employees of the political subdivision.

Source: SL 2013, ch 23, § 1.
S.D. Codified Laws § 3-6C-26 — SD Code / Title 3 / Chapter 6C / Section 3-6C-26
Executive branch employees--Access to confidential information--Criminal background checks--Promulgation of rules
Status: in_force

Each current or new executive branch employee, whose duties include access to confidential information obtained from the United States Internal Revenue Service or from an authorized secondary source, shall submit to and successfully pass a state and federal criminal background investigation. The employee shall submit to a fingerprint check by the Division of Criminal Investigation and the Federal Bureau of Investigation before being granted access to any confidential information. The appointing authority shall submit the completed fingerprint card to the Division of Criminal Investigation. In addition to the initial criminal background investigation, each employee shall submit to a criminal background investigation every five years thereafter. The human resources commissioner may promulgate rules, pursuant to chapter 1-26 , to establish policies for exempt employees concerning the procedure for submitting fingerprints and completing the criminal background investigation. The commission may promulgate rules, pursuant to chapter 1-26 , to establish policies for civil service employees concerning the procedure for submitting fingerprints and completing the criminal background investigation.

The appointing authority may pay any fee charged for the cost of fingerprinting or the criminal background investigation for any person whose employment is subject to the requirements of this section.

Source: SL 2017, ch 24, § 1; SL 2020, ch 16, § 1.
S.D. Codified Laws § 3-12C-1105 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1105
Normal retirement age for foundation members
Status: in_force

For any foundation member, normal retirement age is age sixty-five for Class A credited service and for Class B credited service as a justice, judge, and magistrate judge and age fifty-five for other Class B credited service.

Source: SL 2016, ch 32, § 28; SDCL § 3-12-89.6 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-12C-606 — SD Code / Title 3 / Chapter 12C / Section 3-12C-606
Reinstatement of terminated rights
Status: in_force

Any rights which have terminated pursuant to the provisions of § 3-12C-604 or 3-12C-605 may be reinstated upon presentation to the executive director of a request for reinstatement of those rights and competent evidence of the rights.

Source: SL 1984, ch 24, § 4; SL 2016, ch 31, § 13; SDCL § 3-12-77.3 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-13-93 — SD Code / Title 3 / Chapter 13 / Section 3-13-93
Correction of errors--Excess deferrals
Status: in_force

If, due to an error, a participant defers more than the permissible amount, the third-party administrator may correct the error by returning the excess deferral to the participant. For any plan year in which a participant makes both pre-tax contributions and designated Roth contributions, any corrective distribution must be taken first from the participant's designated Roth contributions, and then, if required, from the pre-tax contributions. A participant may elect a different method of distribution.

Source: SL 2025, ch 27, § 120.
S.D. Codified Laws § 3-12C-409 — SD Code / Title 3 / Chapter 12C / Section 3-12C-409
Refund of unpaid accumulated contributions upon termination--Reversion of unclaimed payments to system
Status: in_force

After all benefits currently or potentially payable under any provision of this chapter have terminated, if the aggregate benefits paid to a member and the member's surviving spouse and minor children, including any distribution of the member's variable retirement account, are less than the member's accumulated contributions, the amount by which the accumulated contributions exceed total payments made to date shall be paid in a lump sum as provided in this section.

Amounts payable under this section shall be paid as follows:

(1) To the beneficiary or entity designated by the member, if any is designated;

(2) If no beneficiary or entity is designated, then to the member's surviving spouse;

(3) If no beneficiary or entity is designated and there is no surviving spouse, then to all surviving children, irrespective of age, on a share-alike basis; or

(4) If no beneficiary or entity is designated, there is no surviving spouse, and there are no surviving children, then to the member's estate.

If no claim for payment due upon the death of a deceased member is made within three years from date of death, the payment shall revert to the system. However, a claim may be honored after the expiration of the three-year reversion period if, in the opinion of the executive director, payment of the claim is warranted by exceptional circumstances.

Source: SL 1974, ch 35, § 64; SL 1986, ch 37, § 9; SL 1995, ch 24, § 16; SL 1997, ch 29, § 1; SL 1998, ch 15, § 21; SL 1999, ch 15, § 7; SL 2006, ch 21, § 1; SL 2010, ch 20, § 12; SL 2014, ch 20, § 30; SL 2015, ch 27, § 1; SL 2016, ch 32, § 46; SL 2017, ch 27, § 19; SDCL § 3-12-110 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-12C-1302 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1302
Variable retirement contributions of generational members
Status: in_force

Each year the board shall establish the variable retirement contribution for the following fiscal year based on the results of the most current annual actuarial valuation. The variable retirement contribution for any year may be adjusted from zero to one and one-half percent of each contributing generational member's compensation and shall be allocated to each generational member's variable retirement account. The variable retirement contribution for the fiscal year beginning July 1, 2017, shall be one and one-half percent of each contributing member's compensation.

Source: SL 2016, ch 32, § 22; SDCL § 3-12-520 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-13A-10 — SD Code / Title 3 / Chapter 13A / Section 3-13A-10
Lump-sum distribution to participant
Status: in_force

A participant who elects an immediate total lump-sum distribution from the program shall be guaranteed payment of the entire amount of the participant's special pay, plus any earnings, and less any mandatory income tax withholding and fees established by the board, within a period that is not longer than is reasonable from the date the participant's funds were received by the program on behalf of the participant.

Source: SL 2004, ch 43, § 9; SDCL, § 3-12-173; SL 2005, ch 28, § 1.
S.D. Codified Laws § 3-16-7 — SD Code / Title 3 / Chapter 16 / Section 3-16-7
Officer's interest in public contract as misdemeanor
Status: in_force

No public officer who is authorized to sell or lease any property, or make any contract in the officer's official capacity may become voluntarily interested individually in any sale, lease, or contract, directly or indirectly with such entity. A violation of this section is a Class 2 misdemeanor unless the act is exempted by law.

Source: PenC 1877, § 499; CL 1887, § 6700; RPenC 1903, § 521; RC 1919, § 3816; SDC 1939, § 13.1308; SL 1980, ch 24, § 46; SL 2014, ch 44, § 2.
S.D. Codified Laws § 3-5-3 — SD Code / Title 3 / Chapter 5 / Section 3-5-3
Amount of bonds
Status: in_force

The bond of the state auditor shall be in the penal sum of ten thousand dollars, of the state treasurer in the penal sum of five hundred thousand dollars, of the secretary of state in the penal sum of five thousand dollars, of the commissioner of school and public lands in the penal sum of twenty thousand dollars, of the attorney general in the penal sum of three thousand dollars, of county commissioners in the penal sum of one thousand dollars, of the state's attorney in the penal sum of one thousand dollars; the bonds of registers of deeds, county auditors, sheriffs, coroners, treasurers, and constables, whether of the county or any civil township therein, shall each be in the penal sum to be fixed by the board of county commissioners in each county; but that of the county auditor shall not be in a less penal sum than two thousand dollars, and that of the county treasurer shall not be in a less penal sum than four thousand dollars, except when the total amount of taxes to be by him collected in any year is less than two thousand dollars, and then in double the amount of taxes to be by him collected. In no case shall the bond of the county treasurer be less than the sum of one thousand dollars; and those of constables shall not be in a less penal sum than two hundred dollars each.

Source: CL 1887, § 1374; SL 1891, ch 93, § 1; RPolC 1903, §§ 889, 1791; SL 1903, ch 82; RC 1919, § 7027; SDC 1939, § 48.0304; SL 1974, ch 55, § 5; SL 1975, ch 33.
S.D. Codified Laws § 3-13-102 — SD Code / Title 3 / Chapter 13 / Section 3-13-102
Automatic enrollment--Contract
Status: in_force

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, § 129.
S.D. Codified Laws § 3-12C-817 — SD Code / Title 3 / Chapter 12C / Section 3-12C-817
Commencement of benefits--Application expiration
Status: in_force

A member whose application for disability benefits is approved shall receive the benefits beginning with the month following the date on which the member's contributory service terminates. If any member fails to terminate contributory service within one year after receiving notice that the member's application has been approved, the member's application approval expires.

Source: SL 2014, ch 20, § 6; SL 2016, ch 31, § 39; SDCL § 3-12-206; SL 2019, ch 22, § 1; SL 2026, ch 25, § 2.
S.D. Codified Laws § 3-13-81 — SD Code / Title 3 / Chapter 13 / Section 3-13-81
Distribution--Withdrawal from particular contributions
Status: in_force

A participant may direct from which contributions a distribution is made. The participant may direct that the withdrawal be taken from either pre-tax contributions or designated Roth contributions, or from both pre-tax contributions and designated Roth contributions.

Source: SL 2025, ch 27, § 108.
S.D. Codified Laws § 3-13-95 — SD Code / Title 3 / Chapter 13 / Section 3-13-95
Automatic enrollment units--Automatic escalation--Decision--Recission of unit’s status--Automatic enrollee’s status
Status: in_force

Any participating employer may become an automatic enrollment unit. Automatic enrollment includes automatic escalation for any participating employer becoming an automatic enrollment unit after June 30, 2015. The decision to become an automatic enrollment unit must be made by the elected official, the appointed official, or the governing body in charge of the participating employer. The participating employer shall become an automatic enrollment unit after notice of the decision has been delivered in writing to the system. An automatic enrollment unit may choose to rescind the status at a later date and may do so by delivering written notice of the decision to the system. If a rescission occurs, the status of any automatic enrollee who was enrolled in the plan is not affected.

Source: SL 2025, ch 27, § 122.
S.D. Codified Laws § 3-12C-1212 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1212
Retroactive retirement benefits for generational members
Status: in_force

Any generational member who fails to make a timely application for retirement benefits may receive three months of benefits retroactive from the effective date of the member's retirement benefit. However, no member may receive any retroactive benefits for any period of time before the first day of the month following the date the member's contributory service terminated.

Source: SL 2016, ch 32, § 13; SDCL § 3-12-512 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-12C-1108 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1108
Normal retirement benefit for foundation members for Class B credited service as justice, judge, or magistrate judge
Status: in_force

Upon retirement, a foundation member shall receive a normal retirement benefit, commencing at normal retirement age or thereafter as provided in § 3-12C-1113 , for the first fifteen years of Class B credited service as a justice, judge, or magistrate judge equal to three and seven hundred thirty-three thousandths percent of final average compensation for each year of Class B credited service as a justice, judge, or magistrate judge before July 1, 2008, plus three and three hundred thirty-three thousandths percent of final average compensation for each year of Class B credited service as a justice, judge, or magistrate judge after July 1, 2008. A foundation member shall also receive for Class B credited service as a justice, judge, or magistrate judge in excess of fifteen years, two and four-tenths percent of final average compensation for each year of Class B credited service as a justice, judge, or magistrate judge before July 1, 2008, plus two percent of final average compensation for each year of Class B credited service as a justice, judge, or magistrate judge after July 1, 2008.

Source: SL 1994, ch 34, § 5; SL 1997, ch 26, § 4; SL 1998, ch 15, § 17; SL 1999, ch 15, § 4; SL 2000, ch 25, § 3; SL 2008, ch 23, § 3; SL 2016, ch 32, § 39; SDCL § 3-12-92.4 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-12C-1626 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1626
Watertown firefighters benefits paid from the system--Minimum benefit
Status: in_force

Each individual described in § 3-12C-1625 shall receive the same benefit under the form of annuity provided by the city of Watertown firemen pension fund in effect on June 30, 1995, which benefit shall be increased on July 1, 1995, and thereafter in accordance with § 3-12C-703 . The benefits of individuals described in § 3-12C-1625 who are entitled to receive benefits from the city of Watertown firemen pension fund as of July 1, 1995, shall be paid from the fund established by this chapter and funded pursuant to §§ 3-12C-1627 and 3-12C-1628 .

Firefighters who are not retired on July 1, 1994, are guaranteed a minimum benefit equal to the accrued benefit under the city of Watertown firemen pension fund as of July 1, 1994. If the minimum benefit is paid in lieu of a benefit under this chapter, the minimum benefit may not be increased annually as provided in § 3-12C-703 and the member is not entitled to benefits pursuant to § 3-12C-1114 or subdivision 3-12C-901(4).

Source: SL 1995, ch 19, § 2; SL 2017, ch 27, § 9; SDCL § 3-12-62.11 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-12C-1630 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1630
Benefits for Mitchell firefighters
Status: in_force

Each retired member or benefit recipient described in § 3-12C-1629 shall receive the same benefit under the form of annuity provided by the city of Mitchell firemen's pension plan as in effect on June 30, 1996, except for the COLA. Each benefit shall be increased on July 1, 2008, and thereafter by the system's COLA. The benefits of members described in § 3-12C-1629 who are entitled to receive benefits from the city of Mitchell firemen's pension plan as of July 1, 1996, shall be paid from the fund established by this chapter.

Source: SL 1996, ch 28, § 2; SL 2008, ch 26, § 1; SL 2010, ch 20, § 14; SL 2017, ch 27, § 28; SDCL § 3-12-154 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-12C-210 — SD Code / Title 3 / Chapter 12C / Section 3-12C-210
Expense fund continued--Transfer from retirement system fund--Report of budget--Appropriation and disbursement for expenses
Status: in_force

The South Dakota Retirement System expense fund is continued and the board is authorized to transfer from the South Dakota Retirement System fund an annual amount not to exceed three percent of the annual contributions received by the system, and the money transferred is appropriated for the payment of the administrative costs of the system. The board shall report its proposed annual budget to the Legislature for approval. Expenditures from all funds shall be disbursed on warrants drawn by the state auditor and shall be supported by vouchers approved by the executive director of the system.

Source: SL 1967, ch 303, § 12; SDCL § 3-12-42; SL 1968, ch 216, § 1; SL 1970, ch 25, § 12; SL 1974, ch 35, § 18; SL 1976, ch 42; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 33, eff. Apr. 12, 2011; SL 2016, ch 31, § 5; SDCL § 3-12-61 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-6F-1 — SD Code / Title 3 / Chapter 6F / Section 3-6F-1
Drug screening program for applicants to certain positions--Program for employees in those positions
Status: in_force

The human resources commissioner shall establish and implement a drug screening program for applicants who seek the following employment:

(1) Positions at the Human Services Center or the South Dakota Developmental Center whose primary duty includes patient or resident care or supervision;

(2) Positions at the South Dakota State Veterans' Home whose primary duty includes patient or resident care or supervision;

(3) Safety sensitive positions; and

(4) Positions in the Department of Public Safety, Wildland Fire Suppression Division whose duties include firefighting.

The human resources commissioner may also establish and implement a drug screening program for employees holding those positions based upon reasonable suspicion of illegal drug use by any employee.

Source: SL 2012, ch 23, § 83; SL 2019, ch 21, § 64; SL 2021, ch 1 (Ex. Ord. 21-3 ), §§ 14, 68, eff. Apr. 19, 2021.
S.D. Codified Laws § 3-18-1.1 — SD Code / Title 3 / Chapter 18 / Section 3-18-1.1
"Grievance" defined
Status: in_force

The term "grievance" as used in this chapter means a complaint by a public employee or group of public employees based upon an alleged violation, misinterpretation, or inequitable application of any existing agreements, contracts, ordinances, policies, or rules of the government of the State of South Dakota or the government of any one or more of the political subdivisions thereof, or of the public schools, or any authority, commission, or board, or any other branch of the public service, as they apply to the conditions of employment. Negotiations for, or a disagreement over, a nonexisting agreement, contract, ordinance, policy, or rule is not a "grievance" and is not subject to this section.

Source: SL 1970, ch 27, § 1; SL 1993, ch 375, § 1.
S.D. Codified Laws § 3-12C-203 — SD Code / Title 3 / Chapter 12C / Section 3-12C-203
Trustees--Board created--Composition
Status: in_force

There is created a governing authority of the system known as the Board of Trustees. Voting representation on the board must be the following:

(1) Two state employee members;

(2) Two certified school employee members;

(3) A participating municipality member;

(4) A participating county member;

(5) A participating classified employee member;

(6) A current contributing Class B public safety member;

(7) A Class B judicial member;

(8) One head of a principal department established pursuant to § 1-32-2 , or one head of a bureau under the Department of Executive Management established pursuant to § 1-33-3 , appointed by the Governor;

(9) An individual appointed by the Governor;

(10) A county commissioner of a participating county;

(11) A school district board member;

(12) An elected municipal official of a participating municipality;

(13) A retiree; and

(14) A faculty or administrative member employed by the Board of Regents and not subject to the provisions of chapter 3-6D .

A representative of the State Investment Council shall serve as an ex officio nonvoting member.

Source: SL 1967, ch 303, § 3; SDCL § 3-12-4; SL 1968, ch 216, § 1; SL 1973, ch 25; SL 1974, ch 35, § 3; SL 1975, ch 38, § 7; SL 1976, ch 39, § 8; SL 1977, ch 28, § 4; SL 1979, ch 27, § 1; SL 1994, ch 33; SL 2018, ch 33, § 7; SDCL § 3-12-48; SL 2019, ch 22, § 1; SL 2020, ch 12, § 2; SL 2025, ch 27, § 13.
S.D. Codified Laws § 3-12C-513 — SD Code / Title 3 / Chapter 12C / Section 3-12C-513
Service credit for leave of absence--Contributions to cover period of absence
Status: in_force

A member taking a leave of absence authorized by the member's employer may receive credited service during the leave if employee and employer contributions are made to the system during the leave by or on behalf of the employee. The contributions shall be at the rates in effect during the leave and shall be based on the member's rate of compensation immediately prior to the leave. If a member's rate of compensation causes the member's compensation for the calendar year to exceed the maximum taxable amount for social security, the contributions shall include the additional contribution pursuant to § 3-12C-402 . The contributions shall be transmitted to the system at least monthly. For purposes of calculation of benefits, the member shall be considered to have received compensation during the period of the leave at the rate used to calculate the contributions made during the leave. If contributions are not made during the leave, the member may receive credited service for the leave by making contributions, or having contributions made on the member's behalf as provided in § 3-12C-504 .

Source: SL 1967, ch 303, § 9; SDCL § 3-12-31; SL 1968, ch 216, § 1; SL 1970, ch 25, § 9; SL 1973, ch 27; SL 1974, ch 35, § 42; SL 1980, ch 31, § 7; SDCL § 3-12-85 ; SL 2019, ch 22, § 1; SL 2019, ch 23, § 5.
S.D. Codified Laws § 3-12C-226 — SD Code / Title 3 / Chapter 12C / Section 3-12C-226
System annual actuarial valuation--Scope--Actuarial value funded ratio defined
Status: in_force

To determine and verify the adequacy of any member and employer contributions to the system, an actuarial valuation of the system must be made annually by an approved actuary.

The actuarial valuation must provide:

(1) A demonstration of the relationship of any current member and employer contributions, expressed as a percentage of payroll, to the minimum actuarial requirement to support benefits; and

(2) The current year's actuarial value funded ratio and fair value funded ratio, as well as the ratios from the prior actuarial valuations.

For purposes of this section, "actuarial value funded ratio" means the actuarial value of assets divided by the actuarial accrued liability.

Source: SL 1974, ch 35, § 74; SL 1996, ch 27; SL 2004, ch 42, § 13; SL 2018, ch 33, § 12; SDCL § 3-12-120; SL 2019, ch 22, §§ 14, 45; SL 2025, ch 27, § 23.
S.D. Codified Laws § 3-13-51.2 — SD Code / Title 3 / Chapter 13 / Section 3-13-51.2
Executive director and investment officer to execute necessary agreements
Status: in_force

The executive director shall execute any agreements necessary to carry out the provisions of this chapter, except agreements as are executed by the state investment officer pursuant to § 3-13-51.1 .

Source: SL 2000, ch 27, § 4; SL 2016, ch 31, § 51.
S.D. Codified Laws § 3-16-8 — SD Code / Title 3 / Chapter 16 / Section 3-16-8
Self-dealing in award or terms of agency contract prohibited
Status: in_force

A state officer or employee may not solicit nor accept any gift, favor, reward, service, or promise of reward, including a promise of future employment, in exchange for recommending, influencing, or attempting to influence the award of or the terms of a contract by the state agency the officer or employee serves.

Source: SL 2015, ch 30, § 1.
S.D. Codified Laws § 3-9-6 — SD Code / Title 3 / Chapter 9 / Section 3-9-6
Authorization of out-of-state travel--Governor’s authority to delegate--Signed record--Federal regulation
Status: in_force

The Governor may delegate to each responsible officer of any other agency, department, or institution the authority to grant consent for official travel outside this state. The Governor may establish general guidelines for travel outside the state. For each outside-the-state expenditure, there must be a record signed with either an original handwritten signature or an electronic signature attached using a security procedure capable of verifying the act of the person signing the record by the appropriate responsible officer. State agencies are permitted to follow federal regulations for payment of travel and other allowances to state employees, dependents of state employees, or to foreign nationals, if the travel and other allowances are funded entirely by federal or private grants in support of international programs.

Source: SDC 1939, § 48.0604 (4) as enacted by SL 1968, ch 194; SL 1979, ch 24; SL 2023, ch 3, § 19; SL 2026, ch 3, § 8.
S.D. Codified Laws § 3-12C-201 — SD Code / Title 3 / Chapter 12C / Section 3-12C-201
Citation of chapter
Status: in_force

This chapter shall be cited as the South Dakota Retirement Act.

Source: SL 1974, ch 35, § 84; SDCL § 3-12-128 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-12C-903 — SD Code / Title 3 / Chapter 12C / Section 3-12C-903
Benefits payable directly to child at age eighteen--Elimination upon ineligibility
Status: in_force

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, ch 22, § 3; SL 2016, ch 31, § 19; SDCL § 3-12-95.2 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-11-6 — SD Code / Title 3 / Chapter 11 / Section 3-11-6
Federal agreement authorized--Scope of agreement--Modification
Status: in_force

The administrator, with the approval of the Governor, is hereby authorized to enter into, on behalf of the state, an agreement with the secretary of Health and Human Services, consistent with the terms and provisions of this chapter, for the purpose of extending the benefits of the federal old age and survivors insurance system to employees and officials of the state and political subdivisions thereof. The agreement may contain such provisions relating to coverage, benefits, contributions, modification and termination, administration, and other appropriate provisions as the administrator and the secretary of Health and Human Services shall agree upon.

Source: SL 1951, ch 100, § 5; SDC Supp 1960, § 17.1204; SL 2006, ch 16, § 2.
S.D. Codified Laws § 3-6C-22 — SD Code / Title 3 / Chapter 6C / Section 3-6C-22
Disaster service not to affect other benefits
Status: in_force

Any absence approved pursuant to § 3-6C-21 for disaster service volunteers does not affect a permanent employee's right to receive normal vacation and sick leave, bonus, advancement, and other advantages of employment.

Source: SL 2012, ch 23, § 33; SL 2019, ch 21, § 21.
S.D. Codified Laws § 3-12C-827 — SD Code / Title 3 / Chapter 12C / Section 3-12C-827
Surviving spouse benefit where member received disability benefits
Status: in_force

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 to one of the following calculations, whichever is applicable:

(1) If there was a family benefit paid, sixty percent of the family benefit paid at the time the family benefit ended, increased by the COLA from the date the last family benefit was paid; or

(2) If there was no family benefit paid, sixty percent of the deceased member's disability benefit paid at the time of the member's death, increased by the COLA from the date of the member's death.

Source: SL 2014, ch 20, § 15; SL 2016, ch 32, § 50; SL 2017, ch 27, § 35; SDCL § 3-12-215 ; SL 2019, ch 22, §§ 36, 45.
S.D. Codified Laws § 3-17-11 — SD Code / Title 3 / Chapter 17 / Section 3-17-11
Advancement of appeals on Supreme Court calendar--Circuit court order not stayed pending appeal
Status: in_force

In case of appeal to the Supreme Court, such appeal shall be advanced and take precedence over all causes upon the court calendar, and be assigned for hearing as soon after the record on appeal and briefs are filed as the business of the court will permit. The taking of an appeal by the defendant and the filing of a supersedeas bond shall not operate to stay the proceedings of the circuit court or judge, or restore the defendant to office pending such appeal.

Source: SL 1915, ch 268, § 1; RC 1919, § 7015; SDC 1939, § 48.0206.
S.D. Codified Laws § 3-6E-5 — SD Code / Title 3 / Chapter 6E / Section 3-6E-5
Effective date of enrollment
Status: in_force

Each plan-eligible employee shall be enrolled in the plan on the effective dates established by the human resources commissioner.

Source: SL 2012, ch 23, § 67; SL 2019, ch 21, § 49.
S.D. Codified Laws § 3-12C-1102 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1102
Limitations on final average compensation for foundation members whose contributory service concluded before July 1, 2020
Status: in_force

For any foundation member whose contributory service concluded before July 1, 2020, if the compensation received in the last calendar quarter considered exceeds a set percentage of the amount in the highest previous calendar quarter, or if the average compensation received in the last four calendar quarters considered exceeds a set percentage of the amount earned in the highest calendar quarter prior to the last four calendar quarters considered, only the lesser amount shall be considered and the excess may not be included in the computation of final average compensation. Those respective set percentages are as follows:

(1) Before July 1, 2004, one hundred twenty-five percent and one hundred fifteen percent;

(2) Between July 1, 2004, and June 30, 2005, one hundred fifteen percent and one hundred ten percent; and

(3) After June 30, 2005, one hundred five percent and one hundred five percent.

Source: SL 2017, ch 29, § 3; SDCL § 3-12-89.9 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-12C-217.2 — SD Code / Title 3 / Chapter 12C / Section 3-12C-217.2
Domestic relations orders--Prospective provisions--Errors
Status: in_force

The provisions of a qualified domestic relations order are prospective from the date of the order. Any division of benefits paid prior to the date of the order, service of the order upon the system, or qualification of the order by the system, whichever is later, must be the responsibility of the parties to the order. The executive director may agree to adjust future payments to remedy an error in prior payments, if the error in prior payments involved the system.

Source: SL 2025, ch 27, § 21.
S.D. Codified Laws § 3-12C-101 — SD Code / Title 3 / Chapter 12C / Section 3-12C-101
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Actuarial accrued liability," the present value of all benefits less the present value of future normal cost contributions;

(2) "Actuarial experience analysis," a periodic report that reviews basic experience data and furnishes actuarial analysis that substantiates the assumptions adopted for the purpose of making an actuarial valuation of the system;

(3) "Actuarial valuation," a projection of the present value of all benefits and the current funded status of the system, based upon stated assumptions as to rates of interest, mortality, disability, salary progressions, withdrawal, and retirement as established by a periodic actuarial experience analysis that takes into account the census data of all active members, vested terminated members, retired members, and their beneficiaries under the system;

(4) "Actuarial value of assets," equal to the fair value of assets;

(5) "Actuarially determined contribution rate," the fixed, statutory contribution rate, no less than the normal cost rate with expenses assuming the minimum COLA, and no greater than the normal cost rate with expenses assuming the maximum COLA;

(6) "Air rescue firefighter," an employee of the Department of the Military who is stationed at Joe Foss Field, Sioux Falls, and who is directly involved in firefighting activities on a daily basis;

(7) "Approved actuary," any actuary who is a member of the American Academy of Actuaries or an associate or a fellow of the Society of Actuaries who meets the qualification standards of the American Academy of Actuaries to issue actuarial opinions regarding the system, or any firm retaining the actuary on the firm's staff, and who is appointed by the board to perform actuarial services;

(8) "Assumed rate of return," the actuarial assumption adopted by the board pursuant to § 3-12C-227 , as the annual assumed percentage return on trust fund assets, compounded;

(9) "Beneficiary," the person designated by a member of the system to receive any payments after the death of the member;

(10) "Benefits," the amounts paid to a member, spouse, child, or beneficiary as a result of the provisions of this chapter;

(11) "Board," the Board of Trustees of the South Dakota Retirement System;

(12) "Calendar quarter," a period of three calendar months ending March thirty-first, June thirtieth, September thirtieth, or December thirty-first of any year;

(13) "Campus security officer," an employee of the Board of Regents whose position is subject to the minimal educational training standards established by the Law Enforcement Officers Standards Commission, pursuant to chapter 23-3 , who satisfactorily completes the training required by chapter 23-3 , within one year of employment, and whose primary duty as a sworn law enforcement officer is to preserve the safety of the students, faculty, staff, visitors, and the property of the university. The employer shall file with the system evidence of the appointment as a sworn law enforcement officer at the time of employment and shall file evidence of satisfactory completion of the training program pursuant to chapter 23-3 , within one year of employment;

(14) "Certified school employee," any employee of a participating unit who is required to have a certificate, as defined in § 13-42-1 ;

(15) "Class A credited service," service credited as a Class A member of the system;

(16) "Class A member," any member other than a Class B member or a Class C member and is either a foundation member or a generational member. A member is a Class A member until proof is supplied to the executive director that a member is a Class B member;

(17) "Class B credited service," service credited as a Class B member of the system;

(18) "Class B judicial member," any Class B member who is a justice, judge, or magistrate judge;

(19) "Class B member," a member who is a justice, judge, state law enforcement officer, magistrate judge, police officer, firefighter, county sheriff, deputy county sheriff, correctional security staff, parole agent, air rescue firefighter, emergency medical services personnel, campus security officer, court services officer, juvenile corrections agent, gaming enforcement agent, conservation officer, or park ranger, and is either a foundation member or a generational member;

(20) "Class B public safety member," any Class B member other than a justice, judge, or magistrate judge;

(21) "Class C credited service," service credited as a Class C member of the system;

(22) "Class C member," any member of the cement plant retirement plan including any retiree or any vested member;

(23) "Class D credited service," service credited as a Class D member of the system;

(24) "Class D member," any member who was a member of the Department of Labor and Regulation employees' retirement plan as of June 30, 2020;

(25) "Classified employee," an employee:

(a) Of a public school district who is not required by law to be a certified school employee;

(b) Of a college or university under the control of the Board of Regents who is not a faculty member or an administrator and comes within the provisions of chapter 3-6D ;

(c) Of a public corporation;

(d) Of a chartered governmental unit; or

(e) Who participates in the system and is not provided for elsewhere in this chapter;

(26) "Comparable level position," a member's position of employment that is generally equivalent to the member's prior position of employment in terms of required education, required experience, required training, required work history, geographic location, and compensation and benefits;

(27) "Conservation officer," an employee of the Department of Game, Fish and Parks and the Division of Wildlife or Division of Custer State Park who is employed pursuant to § 41-2-11 and whose position is subject to the requirements as to education and training provided for in chapter 23-3 ;

(28) "Consumer price index," the consumer price index for urban wage earners and clerical workers calculated by the United States Bureau of Labor Statistics;

(29) "Contributory service," service to a participating unit during which contributions were made to a South Dakota Retirement System, which may not include years of credited service as provided for in § 3-12C-509 or 3-12C-511 ;

(30) "Correctional security staff," the warden, deputy warden, and any other correctional staff holding a security position, as verified by the Department of Corrections and approved by the Bureau of Human Resources and Administration and the Bureau of Finance and Management, and determined by the board as Class B members;

(31) "Court services officer," an individual appointed pursuant to § 26-7A-8 ;

(32) "Covered employment," a member's employment as a full-time employee of a participating unit;

(33) "Deputy county sheriff," an individual who is:

(a) An employee of a county that is a participating unit;

(b) Appointed by the board of county commissioners, pursuant to §§ 7-12-9 and 7-12-10 ; and

(c) Subject to the minimum educational and training standards established by the Law Enforcement Officers Standards Commission, pursuant to chapter 23-3 .

The term does not include jailers or clerks appointed pursuant to §§ 7-12-9 and 7-12-10 , unless the participating unit has requested that the jailer be considered as a deputy county sheriff and the board has approved the request;

(34) "Disability advisory committee," a committee composed of:

(a) The secretary of the Department of Human Services or the secretary's designee;

(b) An attorney appointed by the executive director; and

(c) A physician appointed by the executive director;

(35) "Effective date of retirement," the first day of the month in which a retirement benefit is payable;

(36) "Eligible retirement plan," a plan described in section 402(c)(8)(B) of the Internal Revenue Code;

(37) "Eligible rollover distribution," any distribution to a member of accumulated contributions pursuant to § 3-12C-602 . The term does not include any portion of a distribution that represents contributions made to the system on an after-tax basis nor distributions paid as a result of the member reaching the required beginning date;

(38) “Emergency medical services personnel,” an individual who is licensed by the State Board of Medical and Osteopathic Examiners in accordance with chapter 36-4B and actively practices emergency medical services;

(39) "Employer," this state and any department, bureau, board, or commission of this state, any political subdivision of this state, or any public corporation of this state that elects to become a participating unit;

(40) "Employer contribution," an amount contributed by the employer of a contributing member, excluding any member contribution made by an employer after June 30, 1984, pursuant to § 3-12C-401 ;

(41) "Equivalent public service," any public service other than as a justice, a judge, or a magistrate judge and comparable to Class B service, as defined by this section, if the service is in the employ of a public entity that is not a participating unit;

(42) "Executive director," the executive director of the South Dakota Retirement System;

(43) "Fair value of assets," the total assets of the system at fair market value for securities traded on exchanges; for securities not traded on exchanges, a value based on similar securities; and for alternative investments, reported net asset value;

(44) "Fair value funded ratio," the fair value of assets divided by the actuarial accrued liability;

(45) "Fiduciary," any person who:

(a) Exercises any discretionary authority or control over the management of the system or the management or disposition of the system's assets;

(b) Renders investment advice for a fee or other compensation, direct or indirect, or has any authority or responsibility to do so; or

(c) Has any discretionary authority or responsibility in the administration of the system;

(46) "Foundation member," any member of the system whose contributory service began before July 1, 2017;

(47) "Firefighter," any full-time firefighter who works at least twenty hours a week and at least six months a year. The term does not include any volunteer firefighter;

(48) "Full-time employee," any employee who is considered full-time by the participating unit and is customarily employed by the participating unit for twenty hours or more a week and at least six months a year, regardless of classification of employment as seasonal, temporary, leased, contract, or any other designation;

(49) "Fund," public employees' retirement fund or funds established for the administration of this chapter;

(50) "Gaming enforcement agent," any employee of the South Dakota Commission on Gaming who is appointed pursuant to § 42-7B-56 and who must, as a condition of employment, be law enforcement certified;

(51) "Generational member," any member of the system whose contributory service began after June 30, 2017;

(52) "Health care provider," a physician or other health care practitioner licensed, registered, certified, or otherwise authorized by law to provide specified health services;

(53) "Juvenile corrections agent," a designee of the secretary of corrections charged with the care, custody, and control of juveniles committed to the Department of Corrections until the age of twenty-one, or a person who is charged with the care, custody, and control of juveniles at a juvenile corrections facility under the control of a participating unit;

(54) "Law enforcement officer," any agent of the Division of Criminal Investigation, officer of the South Dakota Highway Patrol, police officer, county sheriff, or deputy county sheriff;

(55) "Member," any individual who is contributing or has made contributions to the system and is either a foundation member or generational member. An individual's membership ceases when the individual withdraws the individual's accumulated contributions after termination of employment;

(56) "Member contribution," any amount contributed by a member, including any member contribution made by an employer after June 30, 1984, pursuant to § 3-12C-401 ;

(57) "Military service," a period of active duty with the United States Army, the United States Navy, the United States Air Force, the United States Marine Corps, or the United States Coast Guard, from which duty the member received an honorable discharge or an honorable release;

(58) "Municipality," any incorporated municipal government under chapter 9-3 , or any chartered governmental unit, as provided for in S.D. Const., Art. IX;

(59) "Noncontributory service," for any foundation member, service delineated in subdivisions 3-12C-502 (2), (5), (7), and (8), and for any generational member, service pursuant to § 3-12C-514 ;

(60) "Normal cost," the expected long-term cost of the system benefits and expenses expressed as a percentage of payroll;

(61) "Normal retirement," the termination of employment and application for benefits by a member with three or more years of contributory service or noncontributory service on or after the member's normal retirement age;

(62) "Other public benefits," eighty percent of the primary insurance amount or primary social security benefits that would be provided under federal social security;

(63) "Other public service," service:

(a) For the government of the United States, including military service;

(b) For the government of any state or political subdivision thereof;

(c) For any agency or instrumentality of the government of the United States or the government of a state or political subdivision; or

(d) As an employee of an association of government entities described in this subdivision;

(64) "Park ranger," an employee of the Department of Game, Fish and Parks within the Division of Parks and Recreation and whose position is subject to the requirements as to education and training provided for in chapter 23-3 , and whose primary duty is law enforcement in the state park system;

(65) "Parole agent," an employee of the Department of Corrections employed pursuant to § 24-15-14 , who directly supervises parolees on a daily basis;

(66) "Participating unit," this state, any department, bureau, board, or commission of this state, and any political subdivision or public corporation of this state that has employees who are members of the system;

(67) "Plan year," a period extending from July first of one calendar year through June thirtieth of the following calendar year;

(68) "Police officer," any employee in the police department of any participating municipality, holding the rank of patrol officer or probationary patrol officer, or holding a higher rank, and whose position is subject to the minimum educational and training standards established by the Law Enforcement Officers Standards Commission pursuant to chapter 23-3 . The term does not include a civilian employee of a police department nor any individual employed by a municipality whose services as a police officer require less than twenty hours a week and six months a year. If a municipality that is a participating unit operates a city jail, the participating unit may request that any jailer appointed pursuant to § 9-29-25 be considered a police officer, subject to the approval of the board;

(69) "Political subdivision," any municipality, school district, county, chartered governmental unit, public corporation or entity, and special district created for any governmental function;

(70) "Present value of all benefits," the present value of all benefits expected to be paid to all retired, terminated, and active members and beneficiaries, based on past and future credited service and future compensation increases;

(71) "Projected compensation," a deceased or disabled member's final average compensation multiplied by the COLA commencing each July first for each complete twelve-month period elapsed between the date of the member's death or disability, whichever occurred earlier, and the date the member would attain normal retirement age or the benefit commences, whichever occurred earlier;

(72) "Projected service," the credited service plus the service that the member would have been credited with at normal retirement age had the member continued in the system and received credit at the same rate the member was credited during the year covered by the compensation that was used in the calculation of the disability or family benefit;

(73) "Qualified military service," service in the uniformed services, as defined in § 414(u)(5) of the Internal Revenue Code;

(74) "Retiree," any foundation or generational member who retires with a lifetime benefit payable from the system;

(75) "Retirement," the severance of a member from the employ of a participating unit with a retirement benefit payable from the system;

(76) "Retirement benefit," the monthly amount payable upon the retirement of a member;

(77) "Single premium," the lump-sum amount paid by a supplemental pension participant pursuant to a supplemental pension contract in consideration for a supplemental pension benefit;

(78) "Social investment," investment, divestment, or prohibition of investment of the assets of the system for purposes other than maximum risk-adjusted investment return, which other purposes include ideological purposes, environmental purposes, political purposes, religious purposes, or purposes of local or regional economic development;

(79) "State employee," an employee of any board, bureau, commission, or department of this state;

(80) "Supplemental pension benefit," any single-premium immediate pension benefit payable pursuant to §§ 3-12C-1504 and 3-12C-1505 ;

(81) "Supplemental pension contract," any agreement between a participant and the system upon which a supplemental pension is based, including the amount of the single premium, the type of pension benefit, and the monthly supplemental pension payment amount;

(82) "Supplemental pension contract record," the record of:

(a) Each supplemental pension participant reflecting relevant participant data;

(b) A designation of any beneficiary, if any;

(c) The amount of the participant's funds rolled into the fund;

(d) The provisions of the participant's supplemental pension contract; and

(e) Any supplemental pension payments made pursuant to the contract;

(83) "Supplemental pension participant," any member who is a retiree receiving a benefit from the system, or, if the member is deceased, the member's surviving spouse who is receiving a benefit from the system, and who chooses to purchase a supplemental pension benefit pursuant to the provisions of this chapter. For purposes of this chapter, "participant" means the same meaning as "supplemental pension participant";

(84) "Supplemental pension spouse," any individual who was married to a supplemental pension participant at the time the participant entered into the supplemental pension contract;

(85) "System," the South Dakota Retirement System created in this chapter;

(86) "Trustee," a member of the Board of Trustees; and

(87) "Unfunded actuarial accrued liability," the actuarial accrued liability less the actuarial value of assets.

Source: SL 1967, ch 303, § 2; SDCL § 3-12-2; SL 1968, ch 216, § 1; SL 1970, ch 25, § 1; SL 1973, ch 24, §§ 1, 2; SL 1974, ch 35, § 2; SL 1975, ch 38, § 6; SL 1975, ch 39, §§ 2, 3; SL 1976, ch 40, § 1; SL 1977, ch 28, §§ 1 to 3; SL 1977, ch 29; SL 1977, ch 31, §§ 1 to 3; SL 1978, ch 31; SL 1978, ch 32, § 5; SL 1979, ch 26, § 1; SL 1980, ch 31, § 1; SL 1982, ch 32, § 1; SL 1982, ch 33; SL 1982, ch 34, § 1; SL 1982, ch 35; SL 1983, ch 17; SL 1983, ch 18; SL 1983, ch 19, §§ 1, 2; SL 1983, ch 22, § 2; SL 1984, ch 23, § 1; SL 1985, ch 24, §§ 1, 2; SL 1986, ch 37, §§ 1-3, 11; SL 1987, ch 35; SL 1987, ch 36, §§ 1, 2; SL 1988, ch 30, §§ 1 to 3; SL 1988, ch 31; SL 1989, ch 21, § 40; SL 1989, ch 38, §§ 5, 9; SL 1989, ch 238, § 3; SL 1990, ch 36; SL 1991, ch 29, §§ 1, 2; SL 1991, ch 30; SL 1992, ch 30, § 1; SL 1992, ch 34, §§ 1, 2; SL 1993, ch 38, §§ 1, 2; SL 1993, ch 39, § 1; SL 1993, ch 40; SL 1993, ch 41; SL 1993, ch 42, §§ 1-3; SL 1993, ch 44, §§ 2, 3; SL 1994, ch 32, §§ 1, 2; SL 1994, ch 34, §§ 1, 2; SL 1995, ch 18, §§ 1, 2, 4; SL 1995, ch 23, § 1; SL 1995, ch 24, §§ 1, 11, 15; SL 1996, ch 29, § 1; SL 1996, ch 30, §§ 1, 5; SL 1997, ch 25, § 1; SL 1997, ch 26, § 1; SL 1997, ch 27, § 1; SL 1998, ch 15, §§ 1, 2, 3, 4, 5; SL 1998, ch 16, § 1; SL 1998, ch 17, § 1; SL 1998, ch 17, § 2; SL 1998, ch 18, § 1; SL 1998, ch 19, § 1; SL 1998, ch 110, § 2; SL 1999, ch 14, §§ 1, 2; SL 1999, ch 15, § 1; SL 2000, ch 24, §§ 1, 2; SL 2002, ch 22, §§ 1, 2; SL 2004, ch 35, § 1; SL 2004, ch 36, §§ 1, 2; SL 2004, ch 37, §§ 1, 2; SL 2004, ch 38, § 7; SL 2004, ch 40, §§ 5 to 7; SL 2004, ch 42, §§ 3 to 11; SL 2005, ch 24, §§ 1, 2; SL 2006, ch 17, § 1; SL 2008, ch 20, §§ 1 to 6; SL 2008, ch 21, § 1; SL 2008, ch 24, § 2; SL 2009, ch 138, § 3; SL 2010, ch 20, §§ 1 to 6; SL 2010, ch 21, § 2; SL 2010, ch 23, §§ 3, 4, eff. Apr. 1, 2010; SL 2010, ch 77, § 2; SL 2011, ch 1 (Ex. Ord. 11-1), § 18, eff. Apr. 12, 2011; SL 2011, ch 20, § 1; SL 2012, ch 26, §§ 1 to 6; SL 2013, ch 20, §§ 2 to 5; SL 2014, ch 18, § 1; SL 2014, ch 20, §§ 19 to 22; SL 2014, ch 21, §§ 8, 9 eff. Apr. 1, 2014; SL 2015, ch 25, §§ 1 to 3; SL 2016, ch 32, § 56; SL 2017, ch 27, § 4; SL 2017, ch 28, § 6; SL 2018, ch 32, §§ 1 to 4; SL 2018, ch 33, §§ 1 to 6; SDCL § 3-12-47; SL 2019, ch 22, §§ 2, 45; SL 2019, ch 23, § 1; SL 2019, ch 24, § 1; SL 2020, ch 12, § 1; SL 2020, ch 13, § 3; SL 2021, ch 29, § 8, eff. Apr. 1, 2021; SL 2022, ch 14, § 1; SL 2022, ch 15, § 1; SL 2023, ch 14, § 1; SL 2023, ch 15, § 1; SL 2023, ch 16, § 1; SL 2024, ch 1 (Ex. Ord. 24-1), § 35, eff. Apr. 8, 2024; SL 2025, ch 27, § 1.
S.D. Codified Laws § 3-12C-607 — SD Code / Title 3 / Chapter 12C / Section 3-12C-607
Early withdrawal precludes additional refund
Status: in_force

No member or former member of the system who has withdrawn contributions from the system before July 1, 1998, may receive any additional refund pursuant to this chapter.

Source: SL 1998, ch 15, § 31; SDCL § 3-12-77.4 ; SL 2019, ch 22, §§ 21, 45.
S.D. Codified Laws § 3-12C-1703 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1703
Calculation of benefits of parole agent
Status: in_force

For purposes of determining the benefits of a parole agent, for credited service earned prior to July 1, 1991, the benefits shall be calculated pursuant to § 3-12C-1106 and for credited service after June 30, 1991, the benefits shall be calculated pursuant to § 3-12C-1107 .

Source: SL 1991, ch 29, § 3; SDCL § 3-12-92.3 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-12C-821 — SD Code / Title 3 / Chapter 12C / Section 3-12C-821
Contributions for period of employment while receiving disability benefits
Status: in_force

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 deposited by the member's employer 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 shall be governed by § 457 of the Internal Revenue Code. Notwithstanding the provisions of § 3-12C-401 , the contributions required of the member's employer pursuant to § 3-12C-401 shall be deposited into the member trust fund created by this chapter, but without any association with or credit to the member.

Source: SL 2014, ch 20, § 9; SDCL § 3-12-209 ; SL 2019, ch 22, §§ 30, 45.
S.D. Codified Laws § 3-12C-906 — SD Code / Title 3 / Chapter 12C / Section 3-12C-906
Family benefits in lieu of other death benefits--Election by designated beneficiary to withdraw accumulated contributions
Status: in_force

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 subdivision 3-12C-901(4), to withdraw the member's accumulated contributions providing there are no children on account of whom benefits are payable under subdivisions 3-12C-901(1) and (2).

Source: SL 1974, ch 35, § 51; SL 1975, ch 39, § 6; SDCL § 3-12-97 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-13A-12 — SD Code / Title 3 / Chapter 13A / Section 3-13A-12
Transfer of funds from terminated investment selection
Status: in_force

If a contract between the state investment officer and a vendor is terminated and a participant fails to notify the executive director or third-party administrator of the participant's new investment selection before the contract terminates, the executive director or third-party administrator shall transfer that participant's account to the investment alternative designated by the state investment officer.

Source: SL 2004, ch 43, § 11; SDCL § 3-12-175; SL 2005, ch 28, § 1; SL 2016, ch 31, § 58.
S.D. Codified Laws § 3-12C-1636 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1636
Benefits for Huron firefighters
Status: in_force

Each retired member, any benefit recipient, or any deferred vested member described in § 3-12C-1635 and in such status before July 1, 1998, shall receive the member's previously selected annuity option as provided under the city of Huron firemen pension fund as in effect on June 30, 1998, but is not eligible for a benefit pursuant to § 3-12C-1114 . Each such benefit in effect before July 1, 1998, shall be increased on that date and thereafter in accordance with § 3-12C-703 . The retirement benefit of a deferred vested member that goes into effect after July 1, 1998, shall be increased in accordance with § 3-12C-703 , but the member's final average compensation may not be increased before retirement by the COLA pursuant to § 3-12C-601 . The benefits of members described in § 3-12C-1635 who are entitled to receive benefits from the city of Huron firemen pension fund before July 1, 1998, shall be paid from the fund established by this chapter and funded pursuant to § 3-12C-1638 .

Source: SL 1998, ch 22, § 2; SL 2004, ch 40, § 11; SL 2017, ch 27, § 30; SDCL § 3-12-160 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-13-51.1 — SD Code / Title 3 / Chapter 13 / Section 3-13-51.1
Investment of funds--Investment officer as fiduciary
Status: in_force

A participant may invest in any investment selected by the state investment officer, including annuity contracts. The state investment officer may enter into contracts for investment alternatives. The executive director or third-party administrator may transfer funds to, from, and among the respective investment alternatives as directed by the participant or as required if the investment alternative is no longer available. The state investment officer shall be held to the standard of conduct of a fiduciary and shall carry out all functions solely in the interests of the participants and benefit recipients and for the exclusive purpose of providing benefits and defraying reasonable expenses incurred in performing the duties required by law.

Source: SL 2000, ch 27, § 2; SL 2016, ch 31, § 50.
S.D. Codified Laws § 3-12C-214.1 — SD Code / Title 3 / Chapter 12C / Section 3-12C-214.1
Member repayment of overpayments--Options--Interest--Delayed repayment--Failure to select an option--Required notice and presumption
Status: in_force

Any member required to repay an overpayment of benefits may choose one of the following repayment methods:

(1) Immediate repayment in a lump sum from other funds;

(2) Repayment by monthly installments over a period not to exceed three years, plus interest at the system's assumed rate of return;

(3) Repayment by monthly benefit reductions over a period not to exceed three years, plus interest at the system's assumed rate of return; or

(4) Repayment by an actuarial equivalent reduction in monthly benefits as follows:

(a) If the member is a foundation member and does not have a spouse, the reduction must continue for the member's lifetime. If the member is a foundation member with a potential surviving spouse benefit payable, the reduction must reduce both the member's monthly benefits and the surviving spouse's monthly benefits and must continue for both the member's and the surviving spouse's lifetimes; or

(b) If the member is a generational member and elected a single life benefit, the reduction must continue for the member's lifetime. If the member is a generational member with a joint and survivor benefit payable, the reduction must reduce both the member's monthly benefits and the surviving spouse's monthly benefits and must continue for both the member's and the surviving spouse's lifetimes.

If a member required to repay an overpayment does not choose a repayment option within two months after being given notice of the overpayment, the member is deemed to have chosen to make repayment by an actuarial equivalent reduction in monthly benefits. If repayment is pursuant to an actuarial equivalent reduction by either the member's choice or the member's failure to choose a repayment option, system staff must inform the member that the reduction is unlikely to result in repayment of the exact amount of the overpayment, plus interest if appropriate, and the member is presumed to understand.

If repayment is delayed for more than three months, interest on the overpayment amount must accrue during the period of delay at the system's assumed rate of return. If any overpayment is due to a system error, the executive director may absolve any interest accrual.

Source: SL 2025, ch 27, § 18.
S.D. Codified Laws § 3-6D-5 — SD Code / Title 3 / Chapter 6D / Section 3-6D-5
Protections for applicants and employees
Status: in_force

Each civil service applicant and civil service employee shall be accorded the following protections:

(1) Discrimination on the basis of political affiliation in regard to the hiring, promotion, termination, or any other tangible employment action relating to a civil service employee is prohibited;

(2) A civil service employee may not be required to participate in partisan political activities;

(3) A civil service employee may not be obliged, by reason of that employment, to contribute to any political funds or collections or render political service. A civil service employee refusing to contribute funds or to render that political service may not be removed or otherwise disciplined or prejudiced for the refusal;

(4) A civil service employee retains the right of free speech;

(5) A civil service employee may not be disciplined for the reporting of any violation of state or federal law to any local, state or federal authority;

(6) A civil service employee has the right to obtain a copy of the employee's personnel file or any other pertinent data that directly relates to the employee held in the state's files. The cost of the copy shall be borne by the employee;

(7) Prior to any disciplinary action, a civil service employee shall be given verbal or written notice and an opportunity to present reasons, either in person or in writing, why the proposed action should not be taken; and

(8) Other rights and protections as enumerated by state or federal statute or rule.

Source: SL 2012, ch 23, § 42; SL 2019, ch 21, § 27.
S.D. Codified Laws § 3-12C-205 — SD Code / Title 3 / Chapter 12C / Section 3-12C-205
Resignation of trustee due to loss of qualifying status--Filling of vacancy
Status: in_force

If any trustee no longer serves in the capacity that qualified the trustee for membership on the board, the trustee is considered to have resigned from the board on June thirtieth of the following calendar year. The vacancy created by the resignation shall be filled through the annual election process. However, if the vacancy is not filled through the annual election process, the board shall fill the vacancy by appointment. The person elected or appointed shall serve a four-year term regardless of the time remaining in the term of the trustee who ceased serving in the qualifying capacity. The provisions of this section do not apply to any trustee who, on January 1, 2019, is no longer serving in the capacity that qualified the trustee.

Source: SL 1959, ch 84, § 8; SDC Supp 1960, § 15.3912; SL 1961, ch 255, § 7; SDCL §§ 9-15-6, 13-45-12; SL 1970, ch 106, § 2; SL 1974, ch 35, § 11; SL 1982, ch 32, § 2; SL 2011, ch 21, § 2; SDCL § 3-12-53 ; SL 2019, ch 22, § 1; SL 2019, ch 23, § 6.
S.D. Codified Laws § 3-12C-1616 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1616
Rapid City firefighter retirement benefits--Normal retirement age
Status: in_force

Upon retirement, each employee described in § 3-12C-1615 shall receive the greater of:

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

(2) The retirement benefit calculated under the municipality of Rapid City firemen pension fund based on credited service up to June 30, 1982, and compensation up to June 30, 1982.

Source: SL 1982, ch 37, § 2; SL 1992, ch 60, § 2; SL 2017, ch 27, § 8; SDCL § 3-12-62.3 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-12C-712 — SD Code / Title 3 / Chapter 12C / Section 3-12C-712
Compensation limits in Internal Revenue Code § 401(a)(17)
Status: in_force

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) of the Internal Revenue Code but for whom the limitation on compensation did not apply before January 1, 2018, shall be based on unlimited compensation for credited service before January 1, 2018, and limited compensation for credited service as of January 1, 2018.

Source: SL 2017, ch 28, § 3, eff. Jan. 1, 2018; SDCL § 3-12-47.12 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-22-7 — SD Code / Title 3 / Chapter 22 / Section 3-22-7
Payment of covered claims--Employee not liable for covered claim in excess of coverage--Subrogation
Status: in_force

PEPL may pay a covered claim established by judgment or negotiated settlement as provided in the coverage document and which is not barred or avoidable through sovereign immunity or other substantive law. No employee is subject to personal liability for any covered claim in excess of the coverage provided by PEPL. The PEPL shall be fully subrogated to any right of recovery a state entity or employee may be entitled to, associated with any claim paid pursuant to this section.

Source: SL 1986, ch 413, § 7; SL 1987, ch 40, § 5; SL 2010, ch 24, § 5.
S.D. Codified Laws § 3-18-11 — SD Code / Title 3 / Chapter 18 / Section 3-18-11
Consent to strikes by supervisors prohibited--Discharge from employment for submission of grievance prohibited
Status: in_force

No person exercising any authority, supervision, or direction over any public employee shall have the power to authorize, approve or consent to a strike by one or more employees, and such person shall not authorize, approve, or consent to such strike, nor shall any such person discharge or cause any public employee to be discharged or separated from his or her employment because of participation in the submission of a grievance in accordance with the provision of § 3-18-10 .

Source: SL 1969, ch 88, § 3.
S.D. Codified Laws § 3-12C-221 — SD Code / Title 3 / Chapter 12C / Section 3-12C-221
Rights of members on termination of system or discontinuance of contributions
Status: in_force

If the system is terminated, or if contributions to the system are discontinued, the rights of all members to benefits that have accrued as of the date of termination or discontinuation of contributions shall vest. A member's recourse against the fund shall be limited by the extent to which the member's benefits are funded.

Source: SL 1984, ch 23, § 4; SDCL § 3-12-72.2 ; SL 2019, ch 22, §§ 13, 45.
S.D. Codified Laws § 3-12C-1107 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1107
Normal retirement benefit for foundation members for Class B credited service other than justice, judge, or magistrate judge
Status: in_force

Upon retirement, a foundation member shall receive a normal retirement benefit, commencing at normal retirement age or thereafter as provided in § 3-12C-1113 , for Class B credited service other than as a justice, judge, or magistrate judge, equal to two and four-tenths percent of final average compensation for each year of Class B credited service other than as a justice, judge, or magistrate judge before July 1, 2008, plus two percent of final average compensation for each year of Class B credited service other than as a justice, judge, or magistrate judge after July 1, 2008.

Source: SL 1974, ch 35, § 48; SL 1993, ch 44, § 5; SL 1994, ch 34, § 4; SL 1997, ch 26, § 3; SL 1998, ch 15, § 16; SL 1999, ch 15, § 3; SL 2000, ch 25, § 2; SL 2008, ch 23, § 2; SL 2016, ch 32, § 38; SDCL § 3-12-92 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-13-67 — SD Code / Title 3 / Chapter 13 / Section 3-13-67
Catch up--Choice required
Status: in_force

A participant may not exercise the provisions of §§ 3-13-65 and 3-13-66 in the same year.

Source: SL 2025, ch 27, § 94.
S.D. Codified Laws § 3-13A-20 — SD Code / Title 3 / Chapter 13A / Section 3-13A-20
Rollover transfer of participant's account
Status: in_force

The board shall establish by rule promulgated pursuant to chapter 1-26 the parameters under which a participant, a participant's surviving spouse, or a participant's beneficiary may transfer a portion or all of the participant's account by rollover to a plan which is an eligible plan under the code.

Source: SL 2004, ch 43, § 19; SDCL § 3-12-183; SL 2005, ch 28, § 1; SL 2009, ch 20, § 5.
S.D. Codified Laws § 3-13-103 — SD Code / Title 3 / Chapter 13 / Section 3-13-103
Automatic enrollment--Qualified default investment alternative--Secondary alternative--Liability
Status: in_force

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. The state investment officer shall select a qualified default investment alternative for deferrals from automatic enrollees during the initial ninety-day opt-out period and may select an alternative qualified default investment alternative for accumulated deferrals and subsequent deferrals from automatic enrollees who exceed the ninety-day opt-out period but do not select another investment alternative. Neither the state investment officer, the system, the third-party administrator, nor the automatic enrollment unit may be held liable for any loss sustained by an automatic enrollee whose deferrals are either voluntarily or involuntarily invested in either qualified default investment alternative.

Source: SL 2025, ch 27, § 130.
S.D. Codified Laws § 3-12C-1504 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1504
Types of supplemental pension benefits
Status: in_force

A supplemental pension participant who is a retiree receiving a benefit from the system shall receive one of three types of supplemental pension benefits:

(1) A supplemental pension benefit payable monthly for the lifetime of the participant;

(2) A supplemental pension benefit payable monthly for the lifetime of the participant and, upon the death of the participant, a supplemental pension benefit payable monthly to the participant's supplemental pension spouse equal to sixty percent of the monthly benefit amount that the participant was receiving at the time of death; or

(3) A supplemental pension benefit payable monthly for the lifetime of the participant and, upon the death of the participant, a supplemental pension benefit payable monthly to the participant's supplemental pension spouse equal to one hundred percent of the monthly benefit amount that the participant was receiving at the time of death.

A participant who is a retiree receiving a benefit from the system may contract for any of the three types of supplemental pension benefits provided in this section. The contract shall be signed by the supplemental pension participant, and the participant shall provide a copy of the participant's current driver license or other picture identification card issued by a government agency or tribe. If the participant is married, the spouse shall sign the contract and provide a copy of the spouse's current driver license or other picture identification card issued by a government agency or tribe. A participant who is the member's surviving spouse may contract only for a supplemental pension benefit payable monthly for the lifetime of the surviving spouse.

Source: SL 2008, ch 24, § 5; SL 2016, ch 32, § 48; SL 2018, ch 33, § 16; SDCL § 3-12-192 ; SL 2019, ch 22, § 1; SL 2021, ch 27, § 5.
S.D. Codified Laws § 3-12C-218 — SD Code / Title 3 / Chapter 12C / Section 3-12C-218
Business name of system--Treasurer
Status: in_force

The Board of Trustees shall transact all business and hold all cash in the name of the South Dakota Retirement System. The state treasurer shall be the treasurer of the system.

Source: SL 1967, ch 303, § 3 (3); SDCL § 3-12-13; SL 1968, ch 216, § 1; SL 1974, ch 35, §§ 1, 17; SDCL § 3-12-60 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-6D-11 — SD Code / Title 3 / Chapter 6D / Section 3-6D-11
Promulgation of pay system rules
Status: in_force

The commission shall promulgate rules, pursuant to chapter 1-26 , to develop a statewide pay system which assures the principle of equal pay for equal work applying to positions existing in the civil service.

Source: SL 2012, ch 23, § 48; SL 2019, ch 21, § 33.
S.D. Codified Laws § 3-13-98 — SD Code / Title 3 / Chapter 13 / Section 3-13-98
Automatic enrollment--Participating employer
Status: in_force

Any individual who becomes a permanent employee of a participating employer, after the participating employer becomes an automatic enrollment unit, becomes an automatic enrollee in the plan. Any permanent employee of the state who is not contributing to the plan on June 30, 2019, becomes an automatic enrollee in the plan on July 1, 2019. Any other permanent employee who is not contributing to the plan and who is employed by an automatic enrollment unit that elects automatic enrollment, pursuant to § 3-13-99 , becomes an automatic enrollee in the plan.

Source: SL 2025, ch 27, § 125.
S.D. Codified Laws § 3-12C-1116 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1116
Early surviving spouse benefit for foundation member's spouse
Status: in_force

A foundation member's spouse who would be eligible to receive a surviving spouse benefit at age sixty-five may elect to start the benefit prior to age sixty-five but no earlier than the date on which the surviving spouse attains the age of fifty-five. The early surviving spouse benefit, payable for the life of the surviving spouse, is the surviving spouse benefit reduced by five percent for each full year and prorated for each additional full month between the date the early surviving spouse benefit commences and the date the surviving spouse attains the age of sixty-five.

Source: SL 2014, ch 19, § 1, eff. July 1, 2015; SL 2016, ch 32, § 43; SDCL § 3-12-95.6 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-8-9 — SD Code / Title 3 / Chapter 8 / Section 3-8-9
Information required for payment to spouse or children of deceased employee
Status: in_force

The disbursing officers shall be authorized to issue and pay such claim by the issuance of a warrant upon presentation to, and filing with the disbursing officers of the state or any of its political subdivisions of a verified claim, executed by such surviving spouse or circuit court judge as hereafter provided together with a showing in respect to:

(1) The time and place of death of the deceased employee;

(2) The department or branch of service of the state, or any political subdivision where the deceased was employed;

(3) The total amount of property, real and personal, owned by the deceased employee at the time of his death;

(4) The amount of her claim and the date of accrual thereof;

(5) And such other information as the disbursing officer may require.

Source: SL 1953, ch 491, §§ 2, 5; SDC Supp 1960, § 55.2919 (2), (5).
S.D. Codified Laws § 3-6D-22 — SD Code / Title 3 / Chapter 6D / Section 3-6D-22
Grievance for retaliation against whistleblower
Status: in_force

A civil service employee may file a grievance with the commission if the employee believes that there has been retaliation because of reporting a violation of state law through the chain of command of the employee's agency, to the attorney general's office, the State Government Accountability Board, or because the employee has filed a suggestion pursuant to this section.

Source: SL 2012, ch 23, § 59; SL 2017, ch 32, § 12; SL 2019, ch 21, § 44.
S.D. Codified Laws § 3-13A-9 — SD Code / Title 3 / Chapter 13A / Section 3-13A-9
Investment of funds
Status: in_force

A plan participant may invest in any investment selected by the state investment officer, including annuity contracts. The state investment officer may enter into contracts for investment alternatives. The executive director or third-party administrator may transfer funds to, from, and among the respective investment alternatives as directed by the participant or as required if the investment alternative is no longer available.

Source: SL 2004, ch 43, § 8; SDCL § 3-12-172; SL 2005, ch 28, § 1; SL 2016, ch 31, § 56.
S.D. Codified Laws § 3-12C-519 — SD Code / Title 3 / Chapter 12C / Section 3-12C-519
Class B public safety member--Purchase of equivalent public service
Status: in_force

If a current contributing Class B public safety member of this system has equivalent public service for which the member is not entitled to retirement benefits from another public retirement system, the member may elect to deposit or have deposited on the member's behalf an amount equal to an actuarially determined percentage times the appropriate Class B rate of contribution multiplied by the higher of the member's annual compensation at the time of making the election, or the member's final average compensation calculated as if the member retired on the date of the election, for each year of equivalent public service for which the member wishes to receive credit as a Class B member.

Source: SL 1997, ch 27, § 2; SL 2004, ch 39, § 4; SL 2004, ch 40, § 10; SDCL § 3-12-130.1; SL 2019, ch 22, § 1; SL 2025, ch 27, § 38.
S.D. Codified Laws § 3-6E-6 — SD Code / Title 3 / Chapter 6E / Section 3-6E-6
Coverage of eligible dependents
Status: in_force

A plan-eligible employee may elect to have any of the employee's eligible dependents covered by the plan. The election shall be made at the time the employee becomes enrolled in the plan, or at another time as the human resources commissioner allows.

Source: SL 2012, ch 23, § 68; SL 2019, ch 21, § 50.
S.D. Codified Laws § 3-12C-514 — SD Code / Title 3 / Chapter 12C / Section 3-12C-514
Service credit for leave of absence--Qualified military service--Return to employment after discharge
Status: in_force

A member must receive credited service for leave of absence due to qualified military service, authorized in advance by the employer, without contribution by the employee or employer, if the member returns to the employ of a participating unit within one year from the member's date of discharge from the member's initial period of qualified military service and if the member remains in the employ of a participating unit for at least one year. The member may not receive credited service for any voluntary extension of qualified military service at the instance of the member beyond the initial period of enlistment, induction, or call to active duty. Credited service granted under this section is only for the initial period that the member is performing qualified military service. No credited service granted under this section may be considered to represent either member contributions or an employer contributions for purposes of contribution withdrawals pursuant to this chapter.

If the member returns to the employ of the member's employer unit within one year of discharge from the initial period of qualified military service but does not remain in the employ of the unit for at least one year, the member must be granted credited service for the initial period of qualified military service pursuant to § 414(u)(8) of the Internal Revenue Code if the member deposits with the system employee contributions for the initial period of the qualified military service as provided for in § 414(u)(8)(C). The contributions must be made in a lump sum, must be based on the member's compensation immediately prior to the leave of absence, and must be without interest. The participating unit that was the member's employer prior to the leave of absence shall deposit any employer contributions in an equal amount with the system. Notwithstanding other provisions of this chapter, the member need not be a contributing member at the time the member deposits the contributions. The member is subject to the time limitations for payment as provided for in § 414(u)(8)(C).

Source: SL 1970, ch 25, § 9; SDCL Supp, § 3-12-31; SL 1973, ch 27; SL 1974, ch 35, § 42; SL 1995, ch 24, § 12; SL 2008, ch 20, § 13; SL 2011, ch 20, § 2; SL 2013, ch 20, § 10; SDCL § 3-12-86; SL 2019, ch 22, § 1; SL 2025, ch 27, § 36.
S.D. Codified Laws § 3-12C-408 — SD Code / Title 3 / Chapter 12C / Section 3-12C-408
Accumulated contributions defined for generational members
Status: in_force

For any generational member, the term, accumulated contributions, means the sum of:

(1) All contributions made by the member;

(2) Eighty-five percent of the contributions made by the member's employer if the member has three years or more of contributory service or noncontributory service, or fifty percent of the contributions made by the employer if the member has less than three years of contributory service or noncontributory service;

(3) Member credited service purchases pursuant to §§ 3-12C-504 , 3-12C-509 , and 3-12C-511 ; and

(4) The effective rate of interest on the sum of subdivisions (1), (2), and (3).

Source: SL 2016, ch 32, § 1; SDCL § 3-12-500 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-24-11 — SD Code / Title 3 / Chapter 24 / Section 3-24-11
Administrative and budgetary support--Staff
Status: in_force

The State Government Accountability Board is attached to the Office of the Attorney General for administrative and budgetary support. In order to review and investigate any alleged violation of the subdivisions listed in § 3-24-3 , the board may employ staff as it deems necessary.

Source: SL 2017, ch 32, § 11.
S.D. Codified Laws § 3-5-9 — SD Code / Title 3 / Chapter 5 / Section 3-5-9
Recording of bonds of county and precinct officers
Status: in_force

The bonds of all county and precinct officers immediately after the approval of the same, shall be recorded at length in the office of the register of deeds of the county to which such bonds are given, in a book to be provided and kept for that purpose. When such bonds are so recorded they shall be forthwith filed respectively as provided in this chapter.

Source: SL 1885, ch 120, § 1; CL 1887, § 1377; RPolC 1903, § 1794; SL 1913, ch 283; RC 1919, § 7030; SDC 1939, § 48.0309.
S.D. Codified Laws § 3-5-13 — SD Code / Title 3 / Chapter 5 / Section 3-5-13
Bond found insufficient by county commissioners--Determination of sufficiency by circuit court
Status: in_force

In case the board of county commissioners should decide that a bond presented to it is insufficient, a reasonable time, not to exceed five days, shall be allowed the officer to supply a sufficient bond, and such board may take three days to consider the approval of any bond. If such board refuse or neglect to approve the bond of any county officer or township officer elect, he may present the same to the judge of the circuit court and serve notice of a time of hearing thereof upon the board. Upon due proof of such service being made to the judge at the time therein named, he shall, unless good cause for delay appear, proceed to hear and determine the sufficiency of the bond, and may approve the same, and such approval shall be in all respects valid.

Source: PolC 1877, ch 5, § 8; CL 1887, § 1376; RPolC 1903, § 1793; RC 1919, § 7029; SDC 1939, § 48.0308.
S.D. Codified Laws § 3-12C-1605 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1605
Previously retired members paid from consolidated fund
Status: in_force

Notwithstanding the repeal on July 1, 1974, of chapters 3-12 ; 3-13 ; 9-15 ; 13-45 ; certain provisions of chapter 16-8 ; chapter 16-11A , and certain provisions of chapter 33-13 , persons retired under those programs, and teachers retired under the provisions of chapter 51 of the Session Laws of 1939, as amended, who retired pursuant to that act prior to July 1, 1951, and beneficiaries of deceased retirees of those programs, to the extent they are being paid benefits on July 1, 1974, shall be secured in the benefits provided by those provisions from the fund established pursuant to this chapter.

Source: SL 1974, ch 35, § 82; SDCL § 3-12-126 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-20-2 — SD Code / Title 3 / Chapter 20 / Section 3-20-2
Maximum credit hours to which reduced tuition may be applied
Status: in_force

Any employee of the state is eligible for the reduced tuition amount provided for in this chapter for a maximum of six credit hours per semester.

Source: SL 1986, ch 28, § 2; SL 1991, ch 35; SL 1993, ch 45, § 2.
S.D. Codified Laws § 3-13A-13 — SD Code / Title 3 / Chapter 13A / Section 3-13A-13
Allocation of investment return among participant accounts--Accounting dates
Status: in_force

The total investment return on any offered investment shall be allocated to the account of each participant based on the proportion the participant's account bears to all other accounts which have been invested in the same investment alternative. Allocations shall be made on each accounting date. The last day of each calendar quarter is an accounting date. The board may provide additional accounting dates.

Source: SL 2004, ch 43, § 12; SDCL, § 3-12-176; SL 2005, ch 28, § 1.
S.D. Codified Laws § 3-12C-905 — SD Code / Title 3 / Chapter 12C / Section 3-12C-905
Deductions of member's primary social security from benefits
Status: in_force

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; SDCL § 3-12-96 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-21-8 — SD Code / Title 3 / Chapter 21 / Section 3-21-8
No liability for failure to provide correctional facilities or equipment, services, etc., therein
Status: in_force

No person, political subdivision, or the state is liable for failure to provide a prison, jail, or penal or correctional facility, or if such facility is provided, for failure to provide sufficient equipment, personnel, programs, facilities, or services in a prison or other correctional facility.

Source: SL 1986, ch 4, § 10.
S.D. Codified Laws § 3-22-11 — SD Code / Title 3 / Chapter 22 / Section 3-22-11
Disposition or payment of claims
Status: in_force

The director, at the director's sole discretion, may determine the disposition or payment amount of any covered claim. However, the director shall consult with the attorney general prior to entering a negotiated settlement of any civil action arising from a covered claim.

Source: SL 1986, ch 413, § 11; SL 2010, ch 24, § 9.
S.D. Codified Laws § 3-13-56.3 — SD Code / Title 3 / Chapter 13 / Section 3-13-56.3
Enrollment--Modification
Status: in_force

A participant may modify the terms of the participant's participation at any time, subject to the limitations contained in this chapter.

Source: SL 2025, ch 27, § 79.
S.D. Codified Laws § 3-23-10 — SD Code / Title 3 / Chapter 23 / Section 3-23-10
Authorities, boards, and commissions subject to chapter
Status: in_force

The following authorities, boards, or commissions are subject to this chapter:

(1) South Dakota Building Authority;

(2) Board of Economic Development;

(3) South Dakota Housing Development Authority;

(4) South Dakota Health and Education Facilities Authority;

(5) Science and Technology Authority Board of Directors;

(6) South Dakota Ellsworth Development Authority;

(7) South Dakota Commission on Gaming;

(8) South Dakota Lottery Commission;

(9) State Brand Board;

(10) Game, Fish and Parks Commission;

(11) Banking Commission;

(12) Board of Trustees of the South Dakota Retirement System;

(13) Aeronautics Commission;

(14) South Dakota State Railroad Board;

(15) Transportation Commission;

(16) South Dakota Board of Education Standards;

(17) Board of Regents;

(18) Board of Pardons and Paroles;

(19) Board of Minerals and Environment;

(20) Board of Water and Natural Resources;

(21) South Dakota Railroad Authority;

(22) Board of Water Management; and

(23) Board of Technical Education.

Source: SL 2016, ch 33, § 10; SL 2017, ch 81, §§ 57, 59.
S.D. Codified Laws § 3-13-62 — SD Code / Title 3 / Chapter 13 / Section 3-13-62
3-13-62. Required minimum distributions--Participant's death after 2021
Status: in_force

Notwithstanding any contrary provisions, the following distribution provisions are effective for any participant death after December 31, 2021, subject to any regulations or other guidance issued under the Setting Every Community Up for Retirement Enhancement Act, Pub. L. No. 116-94, Div. O, 133 Stat. 2534 (2019) or Pub. L. No. 117-328, Div. T, 136 Stat. 4459 (2022):

(1) If the participant dies before the distribution of the participant's entire account, regardless of whether any distributions commenced before the participant's death, and the participant has a designated beneficiary:

(a) The entire account must be distributed to the designated beneficiary by December thirty-first of the calendar year containing the tenth anniversary of the participant's death;

(b) Notwithstanding subsection (a), if the designated beneficiary is an eligible designated beneficiary, the eligible designated beneficiary may elect for the participant's account to be distributed by:

(i) December thirty-first of the calendar year containing the tenth anniversary of the participant's death; or

(ii) Beginning no later than December thirty-first of the calendar year immediately following the calendar year in which the participant died, over the life of the eligible designated beneficiary or over a period not exceeding the life expectancy of the eligible designated beneficiary. If the eligible designated beneficiary is the surviving spouse, payment under this paragraph is not required until the later of December thirty-first of the calendar year immediately following the calendar year in which the participant died or December thirty-first of the calendar year in which the participant would have attained the applicable age, as provided in § 3-13-58 . The surviving spouse is deemed to have elected treatment in accordance with section 401(a)(9)(B)(iv) of the Internal Revenue Code and any applicable guidance, unless the spouse elects otherwise. If the eligible designated beneficiary does not elect a method of distribution, the participant's account must be distributed in accordance with paragraph (ii) of this subsection; or

(c) Upon either the death of an eligible designated beneficiary before distribution of the participant's entire account or the attainment of the age of majority for an eligible designated beneficiary who is a minor child under subsection (4)(b), subsection (1)(b) no longer applies and the remainder of the entire account must be distributed to the designated beneficiary by December thirty-first of the calendar year containing the tenth anniversary of the eligible designated beneficiary's death or December thirty-first of the calendar year containing the tenth anniversary of the date the minor child reached the age of majority, respectively;

(2) If the participant dies before distribution of the account begins and the participant has no designated beneficiary, the participant's account must be distributed by December thirty-first of the calendar year containing the fifth anniversary of the participant's death. If the participant dies after distribution of the account begins and the participant has no designated beneficiary, any remaining portion of the account must continue to be distributed at least as rapidly as under the method of distribution in effect at the time of the participant's death;

(3) Any distribution required under the incidental death benefit requirements of Internal Revenue Code section 401(a) must be treated as distributions required under this section; and

(4) For purposes of this section, "eligible designated beneficiary" means a designated beneficiary who, as of the date of the death of the participant, is:

(a) The surviving spouse of the participant;

(b) A child of the participant, who has not reached the age of majority, provided that the child ceases to be an eligible designated beneficiary as of the date the child reaches the age of majority;

(c) Disabled within the meaning of Internal Revenue Code section 72(m)(7);

(d) Chronically ill within the meaning of Internal Revenue Code section 7702B(c)(2), except that the requirements of subparagraph (A)(i) may only be treated as met if there is a certification that, as of the date of certification, the period of inability described in the subparagraph with respect to the individual is indefinite and reasonably expected to be lengthy in nature; or

(e) Any other individual who is not more than ten years younger than the participant.

Source: SL 2021, ch 28, § 11; SL 2026, ch 26, § 2.
S.D. Codified Laws § 3-22-16 — SD Code / Title 3 / Chapter 22 / Section 3-22-16
Coverage year
Status: in_force

The PEPL coverage year shall be July first through June thirtieth.

Source: SL 1986, ch 413, § 17.
S.D. Codified Laws § 3-11-25 — SD Code / Title 3 / Chapter 11 / Section 3-11-25
Interstate instrumentalities authorized to enter and implement own agreements
Status: in_force

Any instrumentality jointly created by this state and any other state or states is hereby authorized upon the granting of like authority by such other state or states:

(1) To enter into an agreement with the secretary of Health and Human Services whereby the benefits of the federal old age and survivors insurance system shall be extended to employees of such instrumentality,

(2) To require its employees to pay (and for that purpose to deduct from their wages or salaries) the necessary contributions,

(3) To make payments to the secretary of the treasury in accordance with such agreement, including payments from its own funds, and otherwise to comply with such agreements.

Such agreement shall, to the extent practicable, be consistent with the proper terms and provisions of this chapter.

Source: SL 1951, ch 100, § 10; SDC Supp 1960, § 17.1209.
S.D. Codified Laws § 3-13-60 — SD Code / Title 3 / Chapter 13 / Section 3-13-60
Required minimum distributions--Participant's death before 2022 and distributions
Status: in_force

If a participant died on or before December 31, 2021, and before required distribution of the participant's benefits commenced, the participant's interest must be distributed as follows:

(1) If the participant has a surviving spouse, the surviving spouse must receive benefits over the life of the surviving spouse beginning as soon as administratively possible and effective the month after the participant's death; or

(2) If the participant has no surviving spouse, the participant's remaining interest must be distributed in a lump sum payment to the designated beneficiary within five years from the date of the participant's death.

Source: SL 2021, ch 28, § 9; SL 2026, ch 26, § 1.
S.D. Codified Laws § 3-13-71 — SD Code / Title 3 / Chapter 13 / Section 3-13-71
Establishment of accounts
Status: in_force

An account must be established for each participant's pre-tax contributions. A separate account must be established for each participant's designated Roth contributions. The accounts are the basis for any distribution to the participant or to the participant's beneficiary, surviving spouse, surviving children, or estate, pursuant to § 3-13-56.8 .

Source: SL 2025, ch 27, § 98.
S.D. Codified Laws § 3-3-8 — SD Code / Title 3 / Chapter 3 / Section 3-3-8
Spouse of disabled veteran--Entitlement to preference under certain conditions
Status: in_force

If a veteran disabled due to a service connected cause is unable to exercise the right to a veteran employment preference due to the disability, the veteran's spouse is entitled to the preferences given in § 3-3-1 if the spouse possesses the qualifications and business capacity necessary to discharge the duties of the position involved.

Source: SL 1980, ch 27, § 3; SL 2010, ch 19, § 15.
S.D. Codified Laws § 3-9-1 — SD Code / Title 3 / Chapter 9 / Section 3-9-1
Mileage reimbursement--Private vehicle on state business--Individual with special needs--Covered expenses--Publication
Status: in_force

In lieu of actual transportation expenses, the State Board of Finance may fix the maximum mileage reimbursement rate for using a privately owned motor vehicle on state business. Except as otherwise provided in this section and § 3-9-1.1 , the maximum mileage reimbursement rate is fifty-one cents per mile or the standard mileage rate for business authorized by the United States Internal Revenue Service as of October first each year, whichever is greater rounded up to the nearest penny. If there is not a state vehicle equipped for the transportation of an individual with special needs, the maximum mileage reimbursement rate is:

(1) If a privately owned passenger or cargo van, pickup truck, or sport utility vehicle is used to transport an individual with special needs for state business, sixty-eight cents per mile or one-hundred-and-thirty percent, rounded up to the nearest penny, of the standard mileage rate for business authorized by the United States Internal Revenue Service as of October first each year, whichever is greater; or

(2) If any other vehicle is used to transport an individual with special needs for state business, fifty-one cents per mile or the standard mileage rate for business authorized by the United States Internal Revenue Service as of October first each year, whichever is greater rounded up to the nearest penny.

The mileage reimbursement rate covers all expenses incidental to the operation of a motor vehicle.

The Bureau of Finance and Management shall publish in writing the mileage reimbursement rate to be effective as of October first each year. The state auditor shall issue warrants for using a privately owned motor vehicle on state business at the rate specified upon the sworn statement of the party using the vehicle.

For purposes of this section, "individual with special needs" means an individual with a disability that makes the individual unable to operate an unmodified motor vehicle but allows the individual to operate a personal motor vehicle modified to accommodate the disability.

Source: SL 1920 (SS), ch 85, § 2; SL 1925, ch 115; SL 1931, ch 241; SL 1933, ch 179; SDC 1939, § 55.2704; SL 1949, ch 219; SL 1955, ch 247; SL 1968, ch 203; SL 1974, ch 32, § 1; SL 2004, ch 34, § 1; SL 2017, ch 26, § 1; SL 2024, ch 20, § 1; SL 2026, ch 3, § 6.
S.D. Codified Laws § 3-13-87 — SD Code / Title 3 / Chapter 13 / Section 3-13-87
Trustee-to-trustee transfer or rollover permitted--Requirements
Status: in_force

To the extent permitted by law, a participant may transfer a portion or all of the participant's account in another plan, which is eligible under § 401, 403(b), 408, or 457(b) of the Internal Revenue Code, into the plan by trustee-to-trustee transfer or by rollover. The plan must account for the amounts separately. A participant may rollover designated Roth contributions into the plan only if the contributions are a direct rollover from another plan that permits designated Roth contributions, as described in § 402A(e)(1) of the Internal Revenue Code, and only to the extent the rollover is permitted under § 402(c) of the Internal Revenue Code. The plan must establish and maintain separate recordkeeping for any Roth rollover paid to the plan from any eligible retirement plan and must record the year that the participant first made a designated Roth rollover.

Source: SL 2025, ch 27, § 114.
S.D. Codified Laws § 3-12C-503 — SD Code / Title 3 / Chapter 12C / Section 3-12C-503
Credited service defined--Generational members
Status: in_force

For any generational member, "credited service" means the sum of the following:

(1) Years of service, or fractions thereof, for which a member contribution was made to the system;

(2) Any period of authorized leave of absence or sick leave with pay, for which a deduction for any member contribution was made, deposited, and credited to the fund;

(3) Any period of authorized leave of absence or sick leave without pay or temporary layoff, during or for which a member obtained credit by payments to the fund made in lieu of salary deductions; and

(4) Any period during which a member is on an authorized leave of absence to enter military service, if the member fulfills the requirements set forth in § 3-12C-514 .

Source: SL 2016, ch 32, § 2; SDCL § 3-12-501; SL 2019, ch 22, § 1; SL 2025, ch 27, § 34.
S.D. Codified Laws § 3-6D-13 — SD Code / Title 3 / Chapter 6D / Section 3-6D-13
Approval or rejection of labor contracts and settlements
Status: in_force

The human resources commissioner shall give final approval or rejection to all negotiated labor contracts and settlements for civil service employees based on compliance with this chapter and commission rules.

Source: SL 2012, ch 23, § 50; SL 2019, ch 21, § 35.
S.D. Codified Laws § 3-8-4.1 — SD Code / Title 3 / Chapter 8 / Section 3-8-4.1
Salary or per diem prohibited for service by state employee on board, commission, committee, or council--Reimbursement of expenses
Status: in_force

No employee of the state including any institution thereof serving on a board, commission, committee, or council of the state may receive salary or per diem compensation for serving on such body. Allowable expense reimbursement shall be paid pursuant to § 4-7-10.4 .

Source: SDCL, § 3-8-4 as added by SL 1976, ch 37, § 1.
S.D. Codified Laws § 3-12C-1509 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1509
Applicability of certain retirement system provisions
Status: in_force

Supplemental pension benefits are not subject to the duplicate benefit provisions of § 3-12C-709 , to the participant reemployment restrictions of § 3-12C-703 , 3-12C-1402 , 3-12C-1403 , 3-12C-1404 , 3-12C-1405 or 3-12C-1406 , nor to the benefit adjustment provisions of § 3-12C-1111 or 3-12C-1112 . Supplemental pension benefits are optional benefits granted the protections of the provisions of § 3-12C-216 .

Source: SL 2008, ch 24, § 10; SL 2010, ch 23, § 9, eff. Apr. 1, 2010; SDCL § 3-12-197 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-8-10 — SD Code / Title 3 / Chapter 8 / Section 3-8-10
Probate proceedings not required for payment to spouse or children of deceased employee--Discharge of liability
Status: in_force

No probate proceeding of any kind, nor the appointment of an administrator or agent shall be required and the presentation of a sworn statement by such spouse or circuit court judge shall be sufficient authority for the disbursing officer to pay or to cause to be paid such claims, and the payment of the same shall relieve and discharge the state, or any of its political subdivisions and all disbursing officers thereof, of any liability whatsoever in respect to such claim.

Source: SL 1953, ch 491, § 4; SDC Supp 1960, § 55.2919 (4).
S.D. Codified Laws § 3-12C-1103 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1103
Final average compensation for foundation members whose contributory service concludes after June 30, 2021
Status: in_force

For any foundation member whose contributory service concluded after June 30, 2021, and before July 1, 2022, the term, final average compensation, means the highest average annual compensation earned by a member during any period of sixteen consecutive calendar quarters during the member's last forty calendar quarters of membership in the system, including time during which the member was not a member but for which the member has received credit under the system.

For any foundation member whose contributory service concluded after June 30, 2022, the term, final average compensation, means the highest average annual compensation earned by a member during any period of twenty consecutive calendar quarters during the member's last forty calendar quarters of membership in the system, including time during which the member was not a member but for which the member has received credit under the system.

For purposes of determining final average compensation if periods of contributory service are separated by breaks, any service earned from covered employment may be aggregated to constitute a period of consecutive calendar quarters.

For any member who has less than the number of calendar quarters of membership considered in the computation of the member's final average compensation, but more than four, the member's final average compensation shall be based on the compensation received in all quarters of membership. For any member who has four calendar quarters of membership or less, the member's final average compensation shall be based on the member's annual compensation.

Source: SL 2017, ch 29, § 2; SDCL § 3-12-89.8 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-12C-1617 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1617
Payments from public employees retirement fund to Rapid City firefighters
Status: in_force

The benefits of the retirees described in § 3-12C-1615 who are entitled to receive benefits from the municipality of Rapid City firemen pension fund on July 1, 1982, shall be paid from the fund established by this chapter.

Source: SL 1982, ch 37, § 3; SL 1992, ch 60, § 2; SDCL § 3-12-62.4 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-24-1 — SD Code / Title 3 / Chapter 24 / Section 3-24-1
State Government Accountability Board established
Status: in_force

There is hereby created a State Government Accountability Board to be composed of four members appointed by the Governor. Each member to be appointed shall be a former or retired circuit court judge or Supreme Court Justice. No more than two of the appointed members may be of the same political party. All appointees are subject to confirmation by the Senate and no appointee may be a member of the Legislature during the member's term on the board. The term for a board member is five years and a board member may only be removed for good cause. Good cause to remove a member is conduct such as: malfeasance or misfeasance in office, neglect of duty, corrupt conduct, gross incompetency, or active partisanship. A vacancy in the board's membership shall be filled by the Governor within thirty days of the event causing the vacancy. If a vacancy occurs before a term expires, the new member shall serve for the remaining portion of the unexpired term. If the Senate is not in session at the time the appointment is made, the appointee may serve until the Senate has the opportunity to consider the appointment. The per diem and expenses of the board are the same as the per diem and expenses for members of interim committees of the Legislature. The Governor may appoint a temporary board member if a member is recused or otherwise unavailable to participate. A temporary appointment is not subject to confirmation by the Senate.

Source: SL 2017, ch 32, § 1; SL 2019, ch 26, § 1.
S.D. Codified Laws § 3-13-92 — SD Code / Title 3 / Chapter 13 / Section 3-13-92
Effective date of change--Late filing
Status: in_force

Any form required under the plan which causes a change on a participant's payroll, is effective as early as the next available pay date, subject to the timing of payroll processing by the participant’s employer. If a form is filed too late for a change to be made effective for the next following pay period, the change is effective in the subsequent pay period.

Source: SL 2025, ch 27, § 119.
S.D. Codified Laws § 3-12C-402 — SD Code / Title 3 / Chapter 12C / Section 3-12C-402
Additional contribution for foundation members
Status: in_force

Each participating unit shall make an additional contribution in the amount of six and two-tenths percent of any foundation member's compensation in each calendar year that exceeds the maximum taxable amount for social security for the calendar year. The additional contribution may be made only for Class A foundation members and may not be treated as an employer contribution.

Source: SL 2002, ch 23, § 5; SL 2016, ch 32, § 37; SDCL § 3-12-91.1; SL 2019, ch 22, § 1; SL 2025, ch 27, § 29.
S.D. Codified Laws § 3-8-4.2 — SD Code / Title 3 / Chapter 8 / Section 3-8-4.2
Compensation permitted for other state employment--During off duty hours--During state active duty
Status: in_force

Any state employee, with the approval of the department head, agency head, or head of the state institution involved, may use annual leave, military service leave, weekends, legal holidays, and hours after normal working hours for performing compensable services to a state institution, department, office, or agency other than the institution, department, office, or agency that is the employee's primary employer. Compensation for such additional services performed during such times does not constitute dual compensation prohibited by § 3-8-4 or 3-8-4 .1. Any state employee who is called to state active duty, as defined in § 33-10-20 , may receive dual compensation from the state.

Source: SL 1976, ch 37, § 4; SL 2010, ch 19, § 78; SL 2021, ch 25, § 1.
S.D. Codified Laws § 3-12C-225 — SD Code / Title 3 / Chapter 12C / Section 3-12C-225
Review of investment policy when return lower than average--Report to Governor and Legislature
Status: in_force

In the event the investment return on the common stock portfolio or bond portfolio is lower than the average return achieved by other institutional investors of pension funds, then the Investment Council shall review the way in which the assets are being invested and the sources of investment advice being utilized to determine what changes, if any, are desirable to produce an investment return equal to or greater than the average, and shall make a report to the Governor and the Legislature on the investment performance results and any changes necessary to improve the investment return.

Source: SL 1974, ch 35, § 73; SDCL § 3-12-119 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-6E-17 — SD Code / Title 3 / Chapter 6E / Section 3-6E-17
State employee workers' compensation program fund
Status: in_force

Any funds transmitted to the Office of the State Treasurer as designated transfers to the state employee workers' compensation program shall be placed in the trust fund established by this section and entitled the state employee workers' compensation program fund. Disbursements from this fund shall be made by warrants drawn by the state auditor.

Source: SL 2012, ch 23, § 79; SL 2019, ch 21, § 61.
S.D. Codified Laws § 3-6C-31 — SD Code / Title 3 / Chapter 6C / Section 3-6C-31
Reporting improper governmental conduct or crime--Report to Government Operations and Audit Committee
Status: in_force

The attorney general shall provide information to the Government Operations and Audit Committee, on an annual basis, regarding the number of reports received pursuant to §§ 3-6C-28 and 3-6C-29 and the disposition of each report.

Source: SL 2025, ch 25, § 6.
S.D. Codified Laws § 3-12C-710 — SD Code / Title 3 / Chapter 12C / Section 3-12C-710
Member who leaves employment--Spouse and minor children
Status: in_force

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.
S.D. Codified Laws § 3-12C-1623 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1623
Amount to be paid by municipality of Aberdeen
Status: in_force

The municipality of Aberdeen shall pay to the system an amount equal to the present value of all benefits earned by individuals described in § 3-12C-1621 up to July 1, 1994, multiplied by the funding ratio set forth in the valuation of the actuarial requirements and financial condition of the system as of June 30, 1992. That amount shall be determined on July 1, 1994, by the system's actuary. Any amount to be paid to the system by the municipality of Aberdeen which exceeds the value of the assets of the municipality of Aberdeen firemen's relief and pension fund, determined as of the date of transfer, shall be paid pursuant to the provisions of § 3-12C-308 .

Source: SL 1994, ch 37, § 3; SDCL § 3-12-135 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-12C-825 — SD Code / Title 3 / Chapter 12C / Section 3-12C-825
Retirement benefit of member whose disability benefits were terminated but who did not return to covered employment
Status: in_force

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 compensation used in the calculation of the retirement benefit shall be the final average compensation at the date of disability, increased by the COLA from the date of the termination of disability benefits to the date of retirement.

Source: SL 2014, ch 20, § 13; SL 2017, ch 27, § 34; SDCL § 3-12-213 ; SL 2019, ch 22, §§ 34, 45.
S.D. Codified Laws § 3-18-1 — SD Code / Title 3 / Chapter 18 / Section 3-18-1
Employees subject to chapter--Rights preserved to excluded persons
Status: in_force

The term, public employee, as used in this chapter means any person holding a position by appointment or employment in the government of the State of South Dakota or in the government of any one or more of the political subdivisions thereof, or in the service of the public schools, or in the service of any authority, commission, or board, or any other branch of the public service. The term does not include:

(1) Elected officials and persons appointed to fill vacancies in elective offices and members of any board or commission;

(2) Administrators except elementary and secondary school administrators, administrative officers, directors, or chief executive officers of a public employer or major divisions thereof as well as chief deputies, first assistants, and any other public employees having authority in the interest of the public employer to hire, transfer, suspend, layoff, recall, promote, discharge, assign, reward, or discipline other public employees, or the responsibility to direct them, or to adjust their grievances, or to effectively recommend any action, if in connection with the foregoing, and the exercise of the authority is not of a merely routine or clerical nature, but requires the use of independent judgment;

(3) Students working as part - time employees twenty hours per week or less;

(4) Temporary public employees employed for a period of four months or less;

(5) Commissioned and enlisted personnel of the South Dakota National Guard;

(6) Judges and employees of the unified court system;

(7) Legislators and the full - time and part - time employees of the legislature or any state agency that statutorily is directed by the legislative branch; or

(8) Any person employed by the Board of Regents or employed by an institution under the control of the Board of Regents, except a person employed at South Dakota Services for the Deaf or the South Dakota School for the Blind and the Visually Impaired, who is not otherwise excluded by subdivision (2), (3), or (4).

This section does not preclude employees described in subdivisions (1) to (8), inclusive, from joining professional, noncollective bargaining organizations.

Source: SL 1969, ch 88, § 1, subdiv 1; SL 1978, ch 35, § 1; SL 1982, ch 41; SL 2020, ch 63, § 2; SL 2023, ch 62, § 1.
S.D. Codified Laws § 3-12C-505 — SD Code / Title 3 / Chapter 12C / Section 3-12C-505
Prospective increase for credited service related to years of noncontributory service
Status: in_force

Any increase in a retired member's benefit as a result of credited service related to years of noncontributory service, or fractions thereof, earned by a member from July 1, 1967, to June 30, 1974, inclusive, but not credited under the South Dakota public employee retirement system because of the age and service restrictions established under the system shall be prospective only from July 1, 1997.

Source: SL 1997, ch 25, § 2; SL 2016, ch 32, § 30; SDCL § 3-12-47.1 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-13-68 — SD Code / Title 3 / Chapter 13 / Section 3-13-68
Participant rights--Trust
Status: in_force

A participant does not have actual ownership of deferrals and investments but has a contractual right to receive benefits under the plan. In accordance with § 457(g) of the Internal Revenue Code, all amounts of compensation deferred under the plan, all property and rights purchased with the amounts, and all income attributable to the amounts must be held in trust for the exclusive benefit of the participant until paid or made available to the participant or the participant's beneficiary pursuant to the plan. Any trust under the plan must be established pursuant to a written agreement that constitutes a valid trust under the law of this state.

All amounts of compensation deferred under the plan must be transferred to a trust established under the plan not later than fifteen business days after the end of the month in which the compensation would otherwise have been paid to the employee.

Source: SL 2025, ch 27, § 95.
S.D. Codified Laws § 3-12C-1205 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1205
Normal retirement benefit for generational members for Class B credited service other than justice, judge, or magistrate judge
Status: in_force

Upon retirement, a generational member shall receive a normal retirement benefit, commencing at normal retirement age or thereafter, for Class B credited service other than as a justice, judge, or magistrate judge, equal to two percent of final average compensation for each year of Class B credited service other than as a justice, judge, or magistrate judge.

Source: SL 2016, ch 32, § 7; SDCL § 3-12-506 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-13A-14 — SD Code / Title 3 / Chapter 13A / Section 3-13A-14
Valuation of investment alternatives
Status: in_force

Each offered investment alternative shall be valued on each accounting date. The valuation shall be at market value. Any charges against the value shall be explicitly disclosed. Each participant shall be provided with a statement of the participant's account by no later than forty-five days after the close of each calendar quarter.

Source: SL 2004, ch 43, § 13; SDCL, § 3-12-177; SL 2005, ch 28, § 1.
S.D. Codified Laws § 3-6D-12 — SD Code / Title 3 / Chapter 6D / Section 3-6D-12
Payroll approval
Status: in_force

The human resources commissioner shall approve the payroll for all departments and institutions of the executive branch to ensure compliance with this chapter and chapter 3-6C .

Source: SL 2012, ch 23, § 49; SL 2019, ch 21, § 34.
S.D. Codified Laws § 3-12C-1705 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1705
Foundation member conservation officers
Status: in_force

For purposes of determining the retirement benefits of a foundation member conservation officer for credited service earned before July 1, 1983, the benefits are calculated pursuant to § 3-12C-1106 . For credited service earned after June 30, 1983, the benefits are calculated pursuant to § 3-12C-1107 .

For purposes of credited service earned before July 1, 1983, a conservation officer has a normal retirement age of sixty-five. For purposes of credited service earned after June 30, 1983, a foundation member conservation officer has a normal retirement age of fifty-five.

Source: SL 1983, ch 19, § 3; SL 1989, ch 38, § 7; SL 2016, ch 32, § 32; SDCL § 3-12-62.8; SL 2019, ch 22, § 1; SL 2025, ch 27, § 70.
S.D. Codified Laws § 3-4-9 — SD Code / Title 3 / Chapter 4 / Section 3-4-9
Temporary resignation of elected official--Notice--Temporary replacement--Length of term
Status: in_force

If any member of a governing body or any other elected officer of a county, municipality, school district, township, or special purpose district, who is incapacitated by illness or an accident which causes the member or officer to be unable to attend meetings of the governing body or fulfill the duties of the office, the member may elect to temporarily resign from the governing body or office. Notice of temporary resignation may be given in the same manner as giving notice of resignation from the governing body or office. If the member or officer is unable to give notice, the member's or officer's spouse or guardian or any person who has durable power of attorney for the member or officer may give notice of resignation. A temporary replacement may be made in accordance with the provisions of statute applying to the governing body or office. The temporary member or officer shall serve until the member or officer is able to fulfill the requirements of office or until the expiration of the member's or officer's term, whichever comes first.

Source: SL 2004, ch 32, § 1.
S.D. Codified Laws § 3-12C-207 — SD Code / Title 3 / Chapter 12C / Section 3-12C-207
Trustees--Compensation and expense reimbursement
Status: in_force

Each trustee shall receive per diem compensation and allowable expense reimbursement, pursuant to § 4-7-10.4 .

Source: SL 1967, ch 303, § 3; SDCL § 3-12-6; SL 1968, ch 216, § 1; SL 1974, ch 35, § 9; SDCL § 3-12-51; SL 2019, ch 22, § 1; SL 2025, ch 27, § 15.
S.D. Codified Laws § 3-13-57.4 — SD Code / Title 3 / Chapter 13 / Section 3-13-57.4
Roth contribution program--Employee eligibility
Status: in_force

Any employee receiving compensation from a participating employer may elect to participate in the plan.

Source: SL 2025, ch 27, § 90.
S.D. Codified Laws § 3-12C-713 — SD Code / Title 3 / Chapter 12C / Section 3-12C-713
Contribution credit defined--Payment of contribution credit and credited investment return
Status: in_force

For purposes of this section, the term, contribution credit, means the employer and member contributions, reduced by any variable retirement contributions, on compensation not included in the computation of final average compensation as a result of the final average compensation limits provided pursuant to §§ 3-12C-1104 and 3-12C-1202 .

The contribution credit plus the credited investment return on the contribution credit is payable at the retirement, disability, or death of the member. The credited investment return, which shall be credited annually as of June thirtieth, is the South Dakota Investment Council's reported money-weighted investment return of the system, net of fees, for the completed fiscal year. Any contribution credit made during the fiscal year shall receive one-half year's credited investment return for that year. For any account distributed during the fiscal year, the estimated investment return shall be credited to the end of the month before the date on which the contribution credit is paid.

The contribution credit plus credited investment return is payable to the member commencing a retirement benefit or a disability benefit three consecutive calendar months after the effective date of the benefit. The contribution credit plus credited investment return is payable to a member's child who is eligible for a family benefit or a member's spouse who is eligible for a surviving spouse benefit, upon the death of the member. No contribution credit is payable to any member who withdraws accumulated contributions from the system or to any beneficiary who receives a lump sum payment of accumulated contributions. For the purpose of paying a distribution, the amount payable is the total of contribution credit plus credited investment return or the total contribution credit, whichever is greater. The amount may be paid in a lump sum, rolled over to the South Dakota deferred compensation plan, rolled over to another eligible plan, or used to purchase a supplemental pension benefit. However, the purchase of a supplemental pension benefit is only available upon the member's retirement.

Source: SL 2017, ch 29, § 7; SDCL § 3-12-47.11 ; SL 2019, ch 22, § 1; SL 2021, ch 27, § 3.
S.D. Codified Laws § 3-9-16 — SD Code / Title 3 / Chapter 9 / Section 3-9-16
Immediate accounting on termination of state employment
Status: in_force

If a person's position with the state is terminated the repayment or statement required by § 3-9-15 shall become due immediately.

Source: SL 1974, ch 45, § 4.
S.D. Codified Laws § 3-12C-809 — SD Code / Title 3 / Chapter 12C / Section 3-12C-809
Termination of disability benefit--Conversion to retirement benefit--Applications before July 1, 2015
Status: in_force

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 caused the disability;

(3) The member refuses to undergo a medical examination requested by the system for the purpose of reviewing the medical condition that caused the disability;

(4) The member returns to continuous employment in the position the member held prior to becoming disabled; or

(5) The member returns to continuous employment, including self employment and employment by an employer that is not a participating unit, in a comparable level position to what the member held prior to becoming disabled.

A member's disability benefit must terminate immediately if the member elects to convert to a retirement benefit or if the member's disability benefit is converted to a service retirement benefit pursuant to § 3-12C-808 . The member shall receive credited service for the period that the member received a disability benefit, but except as provided for in § 3-12C-808 , not beyond the member's normal retirement age.

Source: SL 2006, ch 19, § 1; SL 2014, ch 20, § 29; SDCL § 3-12-103.1; SL 2019, ch 22, § 1; SL 2025, ch 27, § 46.
S.D. Codified Laws § 3-6D-23 — SD Code / Title 3 / Chapter 6D / Section 3-6D-23
Probationary period--Dismissal without cause
Status: in_force

A person upon accepting civil service employment with any agency covered by this chapter shall be placed on a probationary period. For a law enforcement officer, the probationary period shall be twelve months. For all other civil service employment, the probationary period shall be six months. During this time the person may be dismissed without cause.

Source: SL 2012, ch 23, § 60.
S.D. Codified Laws § 3-12C-705 — SD Code / Title 3 / Chapter 12C / Section 3-12C-705
Date of application of prorated payment of COLA
Status: in_force

Application of prorated payment of the COLA applies only to benefits which were first payable after July 1, 1998, but before July 1, 2010.

Source: SL 2010, ch 20, § 8; SL 2017, ch 27, § 5; SDCL § 3-12-47.4 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-23-9 — SD Code / Title 3 / Chapter 23 / Section 3-23-9
Removal of board member or other person from office or employment--Criminal penalties--Disgorgement--Voidable contract
Status: in_force

Any person who knowingly violates §§ 3-23-6 to 3-23-8 , inclusive, shall be removed from office or employment and is guilty of a Class 1 misdemeanor. Any person who knowingly violates §§ 3-23-6 to 3-23-8 , inclusive, and is also guilty of theft under chapter 22-30A , shall be penalized at the next greater class of penalty prescribed by chapters 22-6 and 22-30A . No person described in § 3-23-6 who has submitted a good faith disclosure or request for authorization pursuant to § 3-23-8 may be convicted of a crime under this chapter. Any benefit to a person derived from the person's knowing violation of §§ 3-23-6 to 3-23-8 , inclusive, is subject to disgorgement . Any contract made in violation of §§ 3-23-6 to 3-23-8 , inclusive, is voidable by the governing body of the local service agency, school district, or cooperative education service unit.

Source: SL 2016, ch 33, § 9; SL 2017, ch 31, § 16; SL 2017, ch 74, § 3.
S.D. Codified Laws § 3-17-22 — SD Code / Title 3 / Chapter 17 / Section 3-17-22
Compensation and duties of temporary appointee
Status: in_force

The county in which an officer is temporarily appointed pursuant to § 3-17-20 shall pay the appointee for services and expenses in an amount determined and fixed by the board of county commissioners for such office. Any person temporarily appointed as an officer may discharge all the duties of such office.

Source: SL 2007, ch 22, § 3.
S.D. Codified Laws § 3-6C-28 — SD Code / Title 3 / Chapter 6C / Section 3-6C-28
Reporting improper governmental conduct or crime--Requirements--Penalty
Status: in_force

A state employee who, in the regular course of the state employee's duties, has reasonable cause to suspect that another state employee has engaged in improper governmental conduct or a crime shall promptly notify a supervisor.

Upon receipt of a reporter's good faith report, a supervisor shall submit information provided by the reporter to the attorney general and auditor-general in a required report pursuant to § 3-6C-29 .

The supervisor shall promptly submit to the attorney general and auditor-general any record, as allowed by law, in the supervisor's custody or control, evidencing the improper governmental conduct or crime.

A supervisor who knowingly fails to make a report as required by this section is guilty of a Class 1 misdemeanor.

A supervisor who knowingly and intentionally fails to submit a record as required by this section is guilty of a Class 1 misdemeanor.

Source: SL 2025, ch 25, § 3.
S.D. Codified Laws § 3-6E-14 — SD Code / Title 3 / Chapter 6E / Section 3-6E-14
State employee workers' compensation program--Crediting receipts and disbursement
Status: in_force

The State of South Dakota shall provide for the amount necessary to make payment to the state employee workers' compensation program for the claims of employees of the state arising under title 62. This amount shall be transmitted to the account of the state employee workers' compensation program in the Office of the State Treasurer. The state treasurer, after making a record of the receipts, shall credit the state employee workers' compensation program with an amount equal to that remitted or otherwise provided. After the contribution has been assigned to the state employee workers' compensation program, the bureau shall disburse the funds according to the provisions of title 62 and the rules promulgated by the human resources commissioner pursuant to chapter 1-26 .

Source: SL 2012, ch 23, § 76; SL 2019, ch 21, § 58.
S.D. Codified Laws § 3-16-2 — SD Code / Title 3 / Chapter 16 / Section 3-16-2
Keeping office or property at unauthorized place as misdemeanor
Status: in_force

No state, county, township, or precinct officer in this state shall keep his office, or keep any books, papers, records, or other property belonging thereto, at any place other than that prescribed by law. Any state, county, township, or precinct officer violating this section is guilty of a Class 2 misdemeanor.

Source: SL 1883, ch 90, §§ 1, 2; CL 1887, §§ 1401, 1402; RPolC 1903, §§ 1820, 1821; RC 1919, §§ 7022, 7023; SDC 1939, § 48.9901; SL 1980, ch 24, § 45.
S.D. Codified Laws § 3-12C-103 — SD Code / Title 3 / Chapter 12C / Section 3-12C-103
Child defined
Status: in_force

For purposes of administering benefits pursuant to this chapter, the term, child, means an unmarried dependent child of the member, who has not passed the child's nineteenth birthday and each unmarried dependent child, who is totally and permanently disabled, either physically or mentally, regardless of the child's age, if the disability occurred before age nineteen. It includes a stepchild or a foster child who depends on the member for support and lives in the household of the member in a regular parent-child relationship. It also includes any child of the member conceived during the member's lifetime and born after the member's death.

For purposes of making beneficiary-type payments pursuant to this chapter, the term, child, means a person entitled to take as a child via intestate succession pursuant to the provisions of title 29A.

Source: SL 2019, ch 22, § 3.
S.D. Codified Laws § 3-11-26 — SD Code / Title 3 / Chapter 11 / Section 3-11-26
Severability of provisions
Status: in_force

If any provision of this chapter, or the application thereof to any person or circumstance is held invalid, the remainder of the chapter and the application of such provision to other persons or circumstance shall not be affected thereby.

Source: SL 1951, ch 100, § 13; SDC Supp 1960, § 17.1212.
S.D. Codified Laws § 3-22-27 — SD Code / Title 3 / Chapter 22 / Section 3-22-27
Pool arrangement
Status: in_force

Nothing in this chapter limits the formation or operation of any pool arrangement formed pursuant to chapter 1-24 .

Source: SL 2010, ch 24, § 19.
S.D. Codified Laws § 3-21-3 — SD Code / Title 3 / Chapter 21 / Section 3-21-3
Persons to whom notice must be given
Status: in_force

Notice shall be given to the following officers as applicable:

(1) In the case of the State of South Dakota, to the attorney general and the commissioner of human resources and administration;

(2) In the case of a county, to the county auditor;

(3) In the case of a municipality, to the mayor or city finance officer;

(4) In the case of a school district, to the superintendent of schools;

(5) In the case of other public entities, to the chief executive officer or secretary of the governing board.

Source: SL 1986, ch 4, § 3; SL 1994, ch 40; SL 2024, ch 1 (Ex. Ord. 24-1), §§ 13, 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 3-12C-302 — SD Code / Title 3 / Chapter 12C / Section 3-12C-302
Membership in system--Exclusions
Status: in_force

Membership in the system shall exclude the following:

(1) All elective officials except justices and judges, unless the official is currently contributing or has previously contributed to the system or the official has elected and is otherwise qualified to become a member of the system;

(2) The governing body of any participating county, municipality, or other political subdivision; and

(3) All personnel employed by the municipality of Sioux Falls before July 1, 2013. However, any person employed before July 1, 2013, who separates from service with the municipality of Sioux Falls and is subsequently rehired by the municipality of Sioux Falls and begins working after June 30, 2013, as a full-time employee shall be a member of the system.

Source: SL 1967, ch 303, § 4; SDCL § 3-12-20; SL 1968, ch 216, § 1; SDCL Supp, § 3-12-20.1; SL 1973, ch 24, § 3; SL 1974, ch 35, § 20; SL 1975, ch 38, § 9; SL 1975, ch 39, § 4; SL 1976, ch 39, § 6; SL 1977, ch 30, § 1; SL 1980, ch 33, § 1; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 33, eff. Apr. 12, 2011; SL 2013, ch 19, § 2; SL 2015, ch 25, § 4; SL 2016, ch 31, § 7; SDCL § 3-12-63 ; SL 2019, ch 22, § 1; SL 2019, ch 23, § 3; SL 2020, ch 13, § 5; SL 2021, ch 29, § 10, eff. Apr. 1, 2021.
S.D. Codified Laws § 3-13-73 — SD Code / Title 3 / Chapter 13 / Section 3-13-73
Allocation of investment return--Accounting date
Status: in_force

The total investment return on any offered investment must be allocated to the account of each participant based on the proportion the participant's account bears to all other accounts that have been invested in the same investment alternative. Allocations must be made on each accounting date. The last day of each calendar quarter is an accounting date. The board may provide additional accounting dates.

Source: SL 2025, ch 27, § 100.
S.D. Codified Laws § 3-13A-3.2 — SD Code / Title 3 / Chapter 13A / Section 3-13A-3.2
Direct rollovers
Status: in_force

Pursuant to § 3-13A-20 , a participant or a participant's surviving spouse may elect, at the time and in the manner prescribed by the third-party administrator, to have any portion of an eligible rollover distribution paid in a direct rollover to an eligible retirement plan specified by the participant or the surviving spouse if the plan is an eligible plan under § 401, 403(b), 408, 408A, or 457 of the Internal Revenue Code. A participant's beneficiary who is not the participant's surviving spouse may elect, at the time and in the manner prescribed by the third-party administrator, to have any portion of an eligible rollover distribution paid in a direct rollover to a plan specified by the beneficiary, if the plan is an eligible plan under § 408 or 408A of the Internal Revenue Code.

Source: SL 2025, ch 27, § 136.
S.D. Codified Laws § 3-17-8 — SD Code / Title 3 / Chapter 17 / Section 3-17-8
Suspension of local officer pending removal proceedings
Status: in_force

At any time after the commencement of the proceeding under § 3-17-7 the court shall, upon satisfactory showing, suspend the accused from the functions of his office until the final determination of the issues, and upon such suspension the judge shall immediately appoint some competent person to fill the office during such suspension.

Source: PolC 1877, ch 22, § 5; SL 1881, ch 123, § 1; CL 1887, § 1389; RPolC 1903, § 1808; SL 1915, ch 268, § 1; RC 1919, § 7013; SDC 1939, § 48.0205.
S.D. Codified Laws § 3-4-2 — SD Code / Title 3 / Chapter 4 / Section 3-4-2
Resignation of office--To whom made
Status: in_force

Resignations may be made as follows:

(1) Of all state and district officers, either elective or appointive, to the Governor;

(2) Of all members of the Legislature to the presiding officer of its branches respectively when in session, and when not in session to the Governor; and when made to the presiding officer he shall at once notify the Governor;

(3) Of all officers of the Legislature to the respective branches thereof;

(4) Of all elective county officers, by filing with the county auditor such resignation in writing, which shall be filed or deposited with the board of county commissioners, which resignation unless a different time is fixed therein shall take effect upon such filing;

(5) Of officers of civil township to the board of supervisors of the township, except of members of such board, which shall be to the township clerk; and notice shall forthwith be given by the township clerk to the county auditor of the resignation of all officers whose bonds are filed with that officer;

(6) Of all officers holding office by appointment to the body, board, court, or officer that appointed them.

Source: SL 1864-5, ch 12, § 2; PolC 1877, ch 22, § 1; CL 1887, § 1386; SL 1881, ch 137, § 1; RPolC 1903, § 1803; RC 1919, § 7008; SDC 1939, § 48.0102; SL 1974, ch 55, § 2.
S.D. Codified Laws § 3-8-2.3 — SD Code / Title 3 / Chapter 8 / Section 3-8-2.3
Additional adjustment of the salaries of justices and circuit judges
Status: in_force

The base annual salary of each justice of the Supreme Court and each circuit judge shall be adjusted upward six percent on July 1, 2021, and the subsequent base annual salary shall be adjusted upward an additional six percent on July 1, 2022. Each adjustment is based on the justice's or judge's salary as of the date of the increase and is in addition to any across-the-board increase to the base salary as provided pursuant to § 3-8-2.1 .

Source: SL 2021, ch 24, § 1.
S.D. Codified Laws § 3-13A-23.6 — SD Code / Title 3 / Chapter 13A / Section 3-13A-23.6
Required minimum distributions--Waiver of 2020
Status: in_force

Notwithstanding any other provisions of chapter 3-13A , the participant or beneficiary who would have been required to receive required minimum distributions (RMD) for 2020 (or paid in 2021 for the 2020 calendar year for a participant with a required beginning date of April 2, 2021) but for the enactment of Internal Revenue Code § 401(a)(9)(I) (2020 RMDs), and who would have satisfied that requirement by receiving distributions that are either (1) equal to the 2020 RMDs or (2) one or more payments in a series of substantially equal distributions (that include the 2020 RMDs) made at least annually and expected to last for the life (or life expectancy) of the participant, the joint lives (or joint life expectancy) of the participant and the participant's designated beneficiary, or for a period of at least ten years (extended 2020 RMDs) shall receive those distributions for 2020 unless the participant or beneficiary chooses not to receive the distributions. For purposes of the direct rollover provisions of the plan, 2020 RMDs and extended 2020 RMDs also shall be treated as eligible rollover distributions in 2020.

Source: SL 2021, ch 28, § 19.
S.D. Codified Laws § 3-12C-1701 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1701
Correctional security staff benefits
Status: in_force

For purposes of determining the benefits of correctional security staff, for credited service earned prior to July 1, 1978, the benefits shall be calculated pursuant to § 3-12C-1106 and for credited service after July 1, 1978, the benefits shall be calculated pursuant to § 3-12C-1107 .

Source: SL 1977, ch 31, § 4; SL 2018, ch 32, § 5; SDCL § 3-12-92.1 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-12C-904 — SD Code / Title 3 / Chapter 12C / Section 3-12C-904
Elimination of family benefit as children become ineligible
Status: in_force

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; SL 2016, ch 31, § 20; SDCL § 3-12-95.3 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-9-4 — SD Code / Title 3 / Chapter 9 / Section 3-9-4
Consent of responsible officer or department required for out-of-state travel
Status: in_force

No state officer or employee shall incur any expense payable out of any appropriated funds or other agency funds for travel or other personal expense, including meals, lodging, transportation, or other miscellaneous expenses, except on official state business. Whenever any state officer or state employee, other than the Governor, has official business requiring travel outside the boundaries of this state, the provisions of §§ 3-9-5 to 3-9-6 , inclusive, shall be adhered to.

Source: SL 1913, ch 330; RC 1919, § 7059; SDC 1939, § 48.0604; SL 1961, ch 259; SL 1964, ch 150; SL 1968, ch 194.
S.D. Codified Laws § 3-10-3 — SD Code / Title 3 / Chapter 10 / Section 3-10-3
Accounting for funds deducted from salaries--Trust funds--Wage assignment restrictions not applicable
Status: in_force

All auditors, treasurers, and other disbursing officers are authorized to recognize and act upon such requests for salary or wage deductions and to establish special accounts for each such officer or employee so that sufficient funds may be accumulated to the credit of such officer or employee for the purchase of United States savings bonds or similar United States obligations. All funds so accumulated are trust funds. No provision of law prohibiting, restricting, or limiting the assignment or order for wages or salaries shall be deemed in any way to prohibit, restrict or limit the powers conferred in §§ 3-10-1 to 3-10-3 , inclusive.

Source: SL 1943, ch 172, §§ 1, 2; SDC Supp 1960, § 48.0609.
S.D. Codified Laws § 3-6C-15 — SD Code / Title 3 / Chapter 6C / Section 3-6C-15
Donation of vacation leave to recipient caring for terminally ill family member--Approval by bureau
Status: in_force

A permanent employee may donate accrued vested vacation leave to another permanent employee who meets all of the following criteria:

(1) The recipient employee will use the donated leave to care for the recipient employee's spouse, child, or parent who is terminally ill;

(2) The recipient employee's spouse, child, or parent is suffering from an acutely life threatening illness or injury which has been certified by a licensed physician as having a significant likelihood of terminating fatally; and

(3) The recipient employee has exhausted all accrued vacation and sick leave.

The total paid leave, including the donated vacation leave pursuant to this section, may not exceed twelve weeks annually per recipient employee. The donation shall be approved by the bureau under rules promulgated pursuant to chapter 1-26 by the commission, including number of hours to be donated, confidentiality of a donation, definition of terminally ill, definition of life threatening illness or injury, criteria for determining employee eligibility to receive or donate leave and for prorating donated leave for part-time employees, and procedures for approval of the donation. Any donation shall be in compliance with the provisions of § 3-6C-4 .

Source: SL 2012, ch 23, § 26; SL 2019, ch 21, § 15; SL 2020, ch 17, § 5.
S.D. Codified Laws § 3-13A-23.5 — SD Code / Title 3 / Chapter 13A / Section 3-13A-23.5
Required minimum distributions--Participant's death after 2021
Status: in_force

Notwithstanding any contrary provisions, the following distribution provisions are effective for any participant death after December 31, 2021, subject to any regulations or other guidance issued under the Setting Every Community Up for Retirement Enhancement Act, Pub. L. No. 116-94, Div. O, 133 Stat. 2534 (2019) or Pub. L. No. 117-328, Div. T, 136 Stat. 4459 (2022):

(1) If the participant dies before the distribution of the participant's entire account, regardless of whether any distributions commenced before the participant's death, and the participant has a designated beneficiary:

(a) The entire account must be distributed to the designated beneficiary by December thirty-first of the calendar year containing the tenth anniversary of the participant's death;

(b) Notwithstanding subsection (a), if the designated beneficiary is an eligible designated beneficiary, the eligible designated beneficiary may elect for the participant's account to be distributed by:

(i) December thirty-first of the calendar year containing the tenth anniversary of the participant's death; or

(ii) Beginning no later than December thirty-first of the calendar year immediately following the calendar year in which the participant died, over the life of the eligible designated beneficiary or over a period not exceeding the life expectancy of the eligible designated beneficiary. If the eligible designated beneficiary is the surviving spouse, payment under this paragraph is not required until the later of December thirty-first of the calendar year immediately following the calendar year in which the participant died or December thirty-first of the calendar year in which the participant would have attained the applicable age, as provided in § 3-13A-23.1 . The surviving spouse is deemed to have elected treatment in accordance with section 401(a)(9)(B)(iv) of the Internal Revenue Code and any applicable guidance, unless the spouse elects otherwise. If the eligible designated beneficiary does not elect a method of distribution, the participant's account must be distributed in accordance with paragraph (ii) of this subsection; or

(c) Upon either the death of an eligible designated beneficiary before distribution of the participant's entire account or the attainment of the age of majority for an eligible designated beneficiary who is a minor child under subsection (4)(b), subsection (1)(b) no longer applies and the remainder of the entire account must be distributed to the designated beneficiary by December thirty-first of the calendar year containing the tenth anniversary of the eligible designated beneficiary's death or December thirty-first of the calendar year containing the tenth anniversary of the date the minor child reached the age of majority, respectively;

(2) If the participant dies before distribution of the account begins and the participant has no designated beneficiary, the participant's account under the plan must be distributed by December thirty-first of the calendar year containing the fifth anniversary of the participant's death. If the participant dies after distribution of the account begins and the participant has no designated beneficiary, any remaining portion of the account must continue to be distributed at least as rapidly as under the method of distribution in effect at the time of the participant's death;

(3) Any distribution required under the incidental death benefit requirements of Internal Revenue Code section 401(a) must be treated as distributions required under this section; and

(4) For purposes of this section, "eligible designated beneficiary" means a designated beneficiary who, as of the date of the death of the participant, is:

(a) The surviving spouse of the participant;

(b) A child of the participant, who has not reached the age of majority, provided that the child ceases to be an eligible designated beneficiary as of the date the child reaches the age of majority;

(c) Disabled within the meaning of Internal Revenue Code section 72(m)(7);

(d) Chronically ill within the meaning of Internal Revenue Code section 7702B(c)(2), except that the requirements of subparagraph (A)(i) may only be treated as met if there is a certification that, as of the date of the certification, the period of inability described in the subparagraph with respect to the individual is indefinite and reasonably expected to be lengthy in nature; or

(e) Any other individual who is not more than ten years younger than the participant.

Source: SL 2021, ch 28, § 18; SL 2026, ch 26, § 4.
S.D. Codified Laws § 3-6C-14 — SD Code / Title 3 / Chapter 6C / Section 3-6C-14
Restrictions on donation of leave
Status: in_force

Any donation of leave pursuant to § 3-6C-13 or 3-6C-15 may be restricted as follows:

(1) The donating employee may only donate leave to an employee who is at the same or lower pay grade as the donating employee; and

(2) The donation may be denied based upon funding considerations within the agency, at the discretion of the human resources commissioner.

Source: SL 2012, ch 23, § 25; SL 2019, ch 21, § 14.
S.D. Codified Laws § 3-12C-227 — SD Code / Title 3 / Chapter 12C / Section 3-12C-227
System annual actuarial valuation--Basis--Report of change
Status: in_force

The actuarial valuation required by § 3-12C-226 , must be based on actuarial assumptions adopted by the board, as a result of an actuarial experience analysis. The board may not make any change in the actuarial assumptions unless the approved actuary retained to make the actuarial valuation certifies that the change is reasonable. If the board makes a change, the board must report the change to the Governor and to the Retirement Laws Committee. The report must include the actuary's and board's analysis of the conditions that led to the change.

Source: SL 1974, ch 35, § 76; SL 1980, ch 31, § 2; SL 2004, ch 42, § 2; SDCL § 3-12-121; SL 2019, ch 22, § 1; SL 2025, ch 27, § 24.
S.D. Codified Laws § 3-12C-403 — SD Code / Title 3 / Chapter 12C / Section 3-12C-403
Monthly transmission of contributions--Deposit in fund--Late penalty
Status: in_force

All employee and employer contributions to the system and the necessary supporting data must be transmitted by the employer at least monthly to the system. If the employer does not have a pay date in the month, no report is required in that month. Each monthly transmission for each respective calendar month must be dated no later than the last day of the month in which the transmission is required and must be completed by the fifteenth day of the following month. All supporting data must be transmitted electronically, in a format determined by system personnel. All contributions must be deposited with the state treasurer in the fund established to administer this chapter.

If any participating unit fails to deliver contributions with respect to compensation paid in any month and the necessary supporting data by the fifteenth day of the following month, the participating unit must pay to the system a penalty equal to five percent of the delinquent contributions. The delinquent contributions and the penalty must bear interest at the assumed rate of return from the date due until the date paid. In calculating accumulated contributions, all contributions with respect to compensation paid in any fiscal year must be included in the calculation of interest credited for that fiscal year.

Source: SL 1959, ch 84, § 28; SDC Supp 1960, § 15.3932 (3); SL 1961, ch 255, § 29; SL 1965, ch 220, § 21; SL 1967, ch 50, § 4; SL 1967, ch 303, § 5; SDCL §§ 3-12-22 to 3-12-24, 3-12-28, 9-15-49, 13-45-32; SL 1968, ch 216, § 1; SL 1970, ch 25, § 4; SL 1974, ch 35, § 30; SL 1978, ch 32, § 1; SL 1986, ch 38; SL 2008, ch 20, § 7, eff. Jan. 1, 2009; SL 2016, ch 31, § 10; SDCL § 3-12-72; SL 2019, ch 22, § 1; SL 2025, ch 27, § 30.
S.D. Codified Laws § 3-24-3 — SD Code / Title 3 / Chapter 24 / Section 3-24-3
Review and investigation of allegations of misconduct
Status: in_force

The State Government Accountability Board may review and investigate any person holding a statewide office, as defined in § 12-27-1 , and employees of the executive branch of the state regarding:

(1) Allegations of impropriety related to any contract, grant, or loan with any public entity that provides the authority to any other entity to expend public funds;

(2) Documents filed under chapter 3-23 or alleged violations relating to conflicts of interest;

(3) Allegations of a direct or indirect interest in a contract in violation of the constitution or law;

(4) Allegations of malfeasance;

(5) Allegations of misappropriation of public funds;

(6) Allegations of use of false instruments to obtain public funds;

(7) Allegations of theft or embezzlement of public funds;

(8) Allegations of bribery; or

(9) Allegations of use of public money not authorized by law or in violation of the constitution.

The board may establish its own procedures, issue subpoenas, administer oaths, and take sworn testimony.

Source: SL 2017, ch 32, § 3.