S.D. Codified Laws § 3-12C-1209 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1209
Monthly benefit options for generational members
Status: in_force

Any generational member applying for a retirement benefit shall elect one of the following monthly benefit options:

(1) A single life benefit that provides a monthly benefit to the member for as long as the member lives and ceases upon the death of the member;

(2) A sixty percent joint and survivor benefit that provides a reduced lifetime monthly benefit to the member, and upon the member's death sixty percent of the reduced benefit continues to the surviving spouse until the death of the surviving spouse; or

(3) A one hundred percent joint and survivor benefit that provides a reduced lifetime monthly benefit to the member, and upon the member's death one hundred percent of the reduced benefit continues to the surviving spouse until the death of the surviving spouse.

The benefits payable to the member and the surviving spouse pursuant to a joint and survivor benefit are based on the ages of the member and the spouse and are the actuarial equivalent of a single life benefit. The monthly benefit of a member electing the joint and survivor benefit is reduced in order to provide for a continuing benefit for the surviving spouse after the member's death. The last payment of the member's benefit is for the month in which the member's death occurs, and any surviving spouse benefit is effective from the first day of the month following the member's death. The benefits payable pursuant to this section shall be paid in accordance with § 401(a)(9) of the Internal Revenue Code.

Source: SL 2016, ch 32, § 9; SDCL § 3-12-508 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-12C-1111 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1111
Early retirement benefits for foundation members
Status: in_force

Any vested foundation member can retire in the ten years preceding the member's normal retirement age and the retirement benefit shall be reduced by the lesser of the following:

(1) One-fourth of one percent for each full month which remains between the date of commencement of payments and the date the member will reach the member's normal retirement age; or

(2) One-fourth of one percent for each full month which remains between the date of commencement of payments and the date the member will reach the member's reduction age.

Source: SL 1967, ch 303, § 7 as added by SL 1968, ch 216, § 1; SDCL Supp, § 3-12-27.1; SL 1970, ch 25, § 6; SL 1974, ch 35, § 60; SL 1978, ch 34, § 1; SL 1986, ch 37, § 8; SL 2016, ch 32, § 44; SDCL § 3-12-106 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-17-5 — SD Code / Title 3 / Chapter 17 / Section 3-17-5
Law enforcement officer removed from office not eligible for new appointment during term--Salary payment for office as misdemeanor
Status: in_force

Any person removed under the provisions of §§ 3-17-3 and 3-17-4 shall be ineligible to hold any public appointive or elective office or position of the state or any political subdivision thereof, during the unexpired part of the term of office to which such person was elected or appointed, and from which he has been removed.

It is a Class 2 misdemeanor for any officer or board to allow or pay any person so removed, any salary for any public appointive or elective office or position during the period for which he shall be disqualified to hold such office or position, and any person or board who shall allow or pay any such salary contrary to the provisions of this section shall be liable to the state or political subdivision as the case may be, for the salary so paid or allowed.

Source: SL 1917, ch 281, § 2; RC 1919, § 7011; SL 1923, ch. 248; SDC 1939, § 48.0203; SL 1980, ch 24, § 47.
S.D. Codified Laws § 3-4-4 — SD Code / Title 3 / Chapter 4 / Section 3-4-4
Board of county commissioners--Filling vacancies
Status: in_force

When a vacancy occurs in the board of county commissioners, the remaining board members must appoint a suitable person to fill the vacancy from the district where the vacancy occurs. The board has thirty-five days to fill the vacancy or until the conclusion of the second regular meeting after the vacancy occurs, whichever is later. If there is an even number of county commissioners remaining on the board, the county auditor must act as a member of the board to fill the vacancy.

Source: SL 1874-5, ch 57, § 53; PolC 1877, ch 22, § 9; SL 1885, ch 148, § 1; CL 1887, § 1393; RPolC 1903, § 1812; RC 1919, § 7018; SDC 1939, § 48.0104; SL 1967, ch 236; SL 1974, ch 55, § 3; SL 2025, ch 24, § 1.
S.D. Codified Laws § 3-13-96 — SD Code / Title 3 / Chapter 13 / Section 3-13-96
Automatic escalation for participating employers--Automatic enrollment units prior to July 1, 2015
Status: in_force

A participating employer who became an automatic enrollment unit prior to July 1, 2015, may elect to add automatic escalation for the participating employer's current and future permanent employees. The decision must be made by the elected official, the appointed official, or the governing body in charge of the unit and is effective after notice of the decision has been delivered in writing to the system.

Source: SL 2025, ch 27, § 123.
S.D. Codified Laws § 3-6F-4 — SD Code / Title 3 / Chapter 6F / Section 3-6F-4
Disclosure of information prohibited--Misdemeanor
Status: in_force

Except as provided in § 3-6F-3 , any person responsible for recording, reporting, or maintaining medical information required pursuant to the provisions of this chapter, who knowingly or intentionally discloses or fails to protect medical information declared to be confidential pursuant to § 3-6F-3 , or who compels another person to disclose such medical information, is guilty of a Class 2 misdemeanor.

Source: SL 2012, ch 23, § 86.
S.D. Codified Laws § 3-12C-823 — SD Code / Title 3 / Chapter 12C / Section 3-12C-823
Contributions upon return to covered employment
Status: in_force

If a member's disability benefits have terminated and the member returns to covered employment, the member and employer shall make contributions pursuant to § 3-12C-401 .

Source: SL 2014, ch 20, § 11; SDCL § 3-12-211 ; SL 2019, ch 22, §§ 32, 45.
S.D. Codified Laws § 3-12C-206 — SD Code / Title 3 / Chapter 12C / Section 3-12C-206
Trustees--Oath of office
Status: in_force

Each trustee, after being appointed or elected, shall take and file in the Office of the Secretary of State the oath required by § 3-1-5 .

Source: SL 1959, ch 84, § 7; SDC Supp 1960, § 15.3911; SL 1961, ch 255, § 8; SL 1967, ch 303, § 3; SDCL §§ 3-12-5, 9-15-8, 13-45-10; SL 1968, ch 216, § 1; SL 1974, ch 35, § 8; SDCL § 3-12-50; SL 2019, ch 22, §§ 9, 45; SL 2022, ch 15, § 2.
S.D. Codified Laws § 3-13-56.5 — SD Code / Title 3 / Chapter 13 / Section 3-13-56.5
Maximum deferral
Status: in_force

Except as provided for in §§ 3-13-65 and 3-13-66 , a participant may not defer more in any plan year than the lesser of:

(1) The applicable dollar amount associated with a particular year pursuant to § 457(e)(15)(A) of the Internal Revenue Code, as indexed after 2006 pursuant to § 457(e)(15)(B) of the Internal Revenue Code; or

(2) One hundred percent of the participant's includible compensation.

Source: SL 2025, ch 27, § 81.
S.D. Codified Laws § 3-14-5 — SD Code / Title 3 / Chapter 14 / Section 3-14-5
Definitions
Status: in_force

The terms "office," "officer," "executive," and "administrative," when used in § 3-14-3 or 3-14-4 mean and apply to any executive or administrative officer of the state; to any county, municipality, township, or school district; and to any district, board, bureau, commission, department, or other body or office, exercising executive or administrative powers as part of the government, or any arm of the government, of the state. The terms "executive" and "administrative" apply interchangeably to any or all of said offices.

Source: SL 1985, ch 15, § 17; SL 1992, ch 60, § 2.
S.D. Codified Laws § 3-6C-10 — SD Code / Title 3 / Chapter 6C / Section 3-6C-10
Workers' compensation not payable while on vacation or sick leave
Status: in_force

An employee may not be compensated under § 62-4-3 for a period for which the employee has also received sick pay authorized by § 3-6C-7 or 3-6C-9 or vacation pay authorized by § 3-6C-4 . Nothing in this section limits any other compensation or benefits due to an employee under Title 62.

Source: SL 2012, ch 23, § 21; SL 2019, ch 21, § 10.
S.D. Codified Laws § 3-11-1 — SD Code / Title 3 / Chapter 11 / Section 3-11-1
Legislative policy
Status: in_force

In order to extend to the officers and employees of the State of South Dakota and its political subdivisions and to the dependents and survivors of such officers and employees the basic protection accorded to others by the federal old age and survivors insurance system embodied in Title II of the federal Social Security Act, as amended, it is hereby declared to be the policy of the Legislature, subject to the limitations of this chapter, that steps be taken to provide such protection to the officers and employees of the State of South Dakota and its political subdivisions on as broad a basis as is permitted under Title II of the federal Social Security Act, as amended.

Source: SL 1951, ch 100, § 2; SDC Supp 1960, § 17.1201.
S.D. Codified Laws § 3-12C-1401.1 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1401.1
Reemployment of retired member--Limited exception to separation of service requirement
Status: in_force

The provisions of § 3-12C-1401 do not apply if the retired member is at least fifty-nine and a half years of age when the member begins receiving retirement benefits and is employed for less than twelve hundred fifty hours during the fiscal year of the participating unit. However, if the retired member completes twelve hundred fifty hours or more during a fiscal year of the participating unit, the member's benefits shall be suspended. The suspension ceases if the member terminates employment. If the member is subsequently reemployed, the provisions of §§ 3-12C-1401 , 3-12C-1405 , and 3-12C-1406 apply, where applicable.

Source: SL 2021, ch 29, § 3, eff. Apr. 1, 2021.
S.D. Codified Laws § 3-17-20 — SD Code / Title 3 / Chapter 17 / Section 3-17-20
Suspension of certain county officials pending completion of criminal prosecution--Appointment of person to discharge duties--Restoration to office
Status: in_force

If any officer is arrested for or charged with any offense against the laws of this state or the United States of America, and the board of county commissioners is informed that criminal proceedings are pending before any court or officer, the board of county commissioners may in the case of a Class 1 misdemeanor charge that is relevant to the responsibilities and duties of the office and shall in the case of a felony charge suspend that officer from office until such charge is prosecuted. The officer who is suspended pursuant to this section is relieved from all responsibilities provided by law which are pertinent to that office. The county commission shall appoint one of the officer's assistants or a suitable person to discharge the duties of the office during any suspension imposed in accordance with the provisions of §§ 3-17-20 to 3-17-22 , inclusive. If it is determined during the criminal proceeding that the officer suspended is not guilty of the offense charged, the court shall so notify the board of county commissioners. If the term for which the officer was elected or appointed has not expired, the suspended officer shall be restored to that office by the board of county commissioners. For the purposes of §§ 3-17-20 to 3-17-22 , inclusive, the term, officer, includes the county auditor, county treasurer, and county register of deeds.

Source: SL 2007, ch 22, § 1.
S.D. Codified Laws § 3-8-11 — SD Code / Title 3 / Chapter 8 / Section 3-8-11
Cancellation and replacement of warrant payable to deceased employee
Status: in_force

In case a warrant has already issued, payable to such deceased employee, which has not been paid on account of the death of such employee, such disbursing officer shall be authorized to request the return of such warrant to his office by cancellation, and such disbursing officer shall be authorized to cancel the same and issue another warrant payable direct to the surviving spouse or circuit court judge for the benefit of the minor children.

Source: SL 1953, ch 491, § 3; SDC Supp 1960, § 55.2919 (3).
S.D. Codified Laws § 3-17-9 — SD Code / Title 3 / Chapter 17 / Section 3-17-9
Judgment of ouster in removal proceedings--Enforcement of judgment--Salary during period of suspension if officer vindicated
Status: in_force

The judgment thereof, if against the defendant, shall be that of immediate ouster from his office, and declaring his office to be vacant.

If the judgment in such proceeding be that of ouster, and the defendant fails or refuses to surrender his office, the circuit court shall issue all needful writs or process, directed to the proper officer, for the execution of such judgment. If the ultimate determination of the issues in the proceeding be in favor of the accused, such suspension shall not work a forfeiture of his salary during the period of such suspension.

Source: PolC 1877, ch 22, §§ 3, 5; SL 1881, ch 123, § 1; CL 1887, §§ 1387, 1389; RPolC 1903, §§ 1806, 1808; SL 1915, ch 268, § 1; RC 1919, §§ 7012, 7013; SDC 1939, §§ 48.0204, 48.0205.
S.D. Codified Laws § 3-13C-13 — SD Code / Title 3 / Chapter 13C / Section 3-13C-13
Required minimum distributions--General rule
Status: in_force

The system shall pay all benefits in accordance with a good faith interpretation of the requirements in § 401(a)(9) of the Internal Revenue Code and the regulations in effect under that section, as applicable to a governmental plan within the meaning of § 414(d) of the Internal Revenue Code.

The member's entire interest must be distributed, or begin to be distributed, by the required beginning date, which is April first of the calendar year following the later of:

(1) The calendar year in which the member reaches the applicable age, which is determined as follows:

(a) If the member was born before July 1, 1949, the applicable age is seventy and one-half;

(b) If the member attained age seventy-two before January 1, 2023, the applicable age is seventy-two;

(c) If the member attains age seventy-two after December 31, 2022, the applicable age is seventy-three; or

(d) Effective January 1, 2033, applicable age shall have the meaning set forth in § 401(a)(9)(C)(v) of the Internal Revenue Code; or

(2) The calendar year in which the member retires and separates from service with the member's employer.

A member or beneficiary eligible for benefits must apply for benefits in order to commence distribution of benefits. The system, pursuant to a qualified domestic relations order, may establish separate benefits for a member and alternate payee.

Source: SL 2020, ch 13, § 20; SL 2021, ch 28, § 20; SL 2024, ch 21, § 5.
S.D. Codified Laws § 3-13-66 — SD Code / Title 3 / Chapter 13 / Section 3-13-66
Catch up--Alternative
Status: in_force

Effective for any year that a participant attains age fifty years or older, or attains the age set forth in § 414(v)(2)(E) of the Internal Revenue Code, the participant may make an additional elective deferral equal to the applicable dollar amount associated with a particular year, pursuant to § 414(v)(2)(B) of the Internal Revenue Code, as indexed after December 31, 2006, pursuant to § 414(v)(2)(C) of the Internal Revenue Code, in addition to the participant's maximum deferral under § 3-13-56.5 .

Source: SL 2025, ch 27, § 93.
S.D. Codified Laws § 3-12C-1609 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1609
Existing regents' contracts preserved--Expansion of retirement plan--Transition
Status: in_force

Nothing in §§ 3-12C-1608 to 3-12C-1612 , inclusive, shall be construed to be a termination of any contract made on behalf of the State of South Dakota and its employees by the Board of Regents. The purpose of said sections is to expand the retirement plan of the Board of Regents for faculty and administrators and to allow for the transition of the plan in effect from April 1, 1964, to June 30, 1975, into the South Dakota Retirement System as provided for in this chapter.

Source: SL 1975, ch 38, § 2; SDCL § 3-12-69.2 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-12C-106 — SD Code / Title 3 / Chapter 12C / Section 3-12C-106
Contributing member defined--Report
Status: in_force

For purposes of this chapter, "contributing member" means any member for whom the system receives an employer contribution report. The employer contribution report must state any contributions made for the member by the employer and employee.

Source: SL 2016, ch 32, § 53; SDCL § 3-12-47.7; SL 2019, ch 22, § 1; SL 2025, ch 27, § 5.
S.D. Codified Laws § 3-1A-1 — SD Code / Title 3 / Chapter 1A / Section 3-1A-1
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Any member of the individual's immediate family," a spouse or minor children living at home;

(2) "Close economic interest," any enterprise that, in the calendar year preceding the filing of any statement of financial interest under this chapter, contributes more than ten percent of or more than two thousand dollars to the gross income of the family, including the individual required to file the statement and any member of the individual's immediate family. The term also includes any enterprise in which the individual or any member of the individual's immediate family controls more than ten percent of the capital or stock;

(3) "Enterprise," any business or economic relationship;

(4) "Statement of financial interest," a description of the type of financial activity and the nature of the association with any enterprise as defined in this section.

Source: SL 1974, ch 121, § 1; SL 2010, ch 19, § 2; SL 2017, ch 23, § 7.
S.D. Codified Laws § 3-18-8 — SD Code / Title 3 / Chapter 18 / Section 3-18-8
Implementation of settlement between labor or employee organization and governing body
Status: in_force

If a settlement is reached with a labor or employee organization or organizations and the governing body, such governing body shall implement the settlement in the form of an agreement which shall be effective only upon approval by resolution of the governing body. If the settlement requires the adoption of a law or charter amendment to implement it fully, the governmental agency shall make every reasonable effort to propose and secure the enactment of the law or charter amendment.

Source: SL 1969, ch 88, § 8; SL 1970, ch 27, § 2; SL 1971, ch 20, § 2.
S.D. Codified Laws § 3-21-5 — SD Code / Title 3 / Chapter 21 / Section 3-21-5
Effect of inaccuracy in notice
Status: in_force

The notice required by § 3-21-2 may not be deemed invalid or insufficient by reason of any inaccuracy in stating the time, place or cause of the injury if it is shown that the claimant had no intention to mislead and that the public entity was not misled.

Source: SL 1986, ch 4, § 5.
S.D. Codified Laws § 3-12C-807 — SD Code / Title 3 / Chapter 12C / Section 3-12C-807
Deduction of other public benefits from disability benefit--Reduction when children become ineligible--Applications before July 1, 2015
Status: in_force

Disability benefits shall be reduced by an amount equal to the unmodified benefits paid or payable under other public systems. Disability benefits payable on account of children shall be reduced when children become ineligible. In no event may the annual amount of a disability benefit be less than the greater of six percent of the compensation on which the disability benefit is based or six hundred dollars a year.

However, any disability benefit effective prior to July 1, 1994, and payable on or after that date may not be reduced by any benefit payable on account of a veteran's disability or from any insured or self-insured short-term disability plan sponsored by an employer and paid for by the employee or paid for under a salary reduction plan. Further, any disability benefit effective prior to July 1, 1994, and payable on or after July 1, 1995, may not be reduced by any benefit payable on account of a federal military retirement or a federal national guard retirement. The provisions of this section apply to any member whose application for disability benefits is received by the system prior to July 1, 2015.

Source: SL 1974, ch 35, § 55; SL 1986, ch 37, § 7; SL 1993, ch 43, §§ 1, 2; SL 1994, ch 36; SL 1995, ch 20; SL 2014, ch 20, § 27; SDCL § 3-12-101 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-12C-828 — SD Code / Title 3 / Chapter 12C / Section 3-12C-828
Surviving spouse benefit where member dies after normal retirement age while receiving disability benefits
Status: in_force

If a member dies after normal retirement age while receiving disability benefits, and no other benefits are being paid on behalf of the member, the member's surviving spouse shall receive a surviving spouse benefit, payable in monthly installments, equal to sixty percent of the monthly disability benefit that the member received before death.

Source: SL 2014, ch 20, § 16; SDCL § 3-12-216 ; SL 2019, ch 22, §§ 37, 45.
S.D. Codified Laws § 3-17-18 — SD Code / Title 3 / Chapter 17 / Section 3-17-18
Time for trial of state's attorney or sheriff
Status: in_force

Any trial of a state's attorney or sheriff who has been charged with a criminal offense under the laws of this state, shall be commenced no later than sixty days from the date upon which formal charges are brought unless continued by court order.

Source: SL 1985, ch 28, § 7.
S.D. Codified Laws § 3-6E-15 — SD Code / Title 3 / Chapter 6E / Section 3-6E-15
State Cement Plant former employee workers' compensation claims
Status: in_force

Responsibility for the administration and payment of workers' compensation claims of former employees of the South Dakota State Cement Plant Commission is hereby transferred to the state employee workers' compensation program.

Source: SL 2012, ch 23, § 77; SL 2019, ch 21, § 59.
S.D. Codified Laws § 3-5-5 — SD Code / Title 3 / Chapter 5 / Section 3-5-5
Premiums on corporate surety bonds
Status: in_force

Whenever an officer, deputy, or employee of the State of South Dakota, or its subdivisions including counties, school districts, townships, municipal corporations, and all other governmental subdivisions and departments, in furnishing a bond required by law or rules or regulations of any board, or department, or governmental subdivision of this state, shall furnish a bond executed by a surety company legally authorized to transact business in this state, the state or any of its said departments or subdivisions is hereby authorized and required to pay the premium thereon out of its general funds, upon the lawful approval of said bond.

Source: SL 1933 (SS), ch 5, § 1; SDC 1939, § 48.0306.
S.D. Codified Laws § 3-12C-1618 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1618
Payments by Rapid City
Status: in_force

The municipality of Rapid City shall pay to the system an amount equal to the present value of all benefits earned by employees described in § 3-12C-1615 up to July 1, 1982, multiplied by the funding ratio set forth in the valuation of the actuarial requirements and financial condition of the system as of June 30, 1980. That amount shall be determined as of the close of business on July 1, 1982, by the system's actuary. Any amount to be paid to the system by the municipality of Rapid City which exceeds the value of the assets of the municipality of Rapid City firemen pension fund, determined as of the date of transfer of the assets, may be paid in periodic installments as provided in § 3-12C-308 .

Source: SL 1982, ch 37, § 4; SL 1992, ch 60, § 2; SDCL § 3-12-62.5 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-11-4.1 — SD Code / Title 3 / Chapter 11 / Section 3-11-4.1
Payroll deductions authorized--Failure to deduct not release--Adjustment or refund without interest
Status: in_force

The employee's tax imposed by this chapter may be collected by deducting the amount of the contribution from wages as and when paid, but failure to make such deduction shall not relieve the employee or employer from liability for such contribution. If more or less than the correct amount of the contribution is paid or deducted with respect to any wages, proper adjustment, or refund if adjustment is impracticable, shall be made, without interest, in such manner and at such times as the administrator shall prescribe.

Source: SL 1980, ch 30, § 11; SL 2006, ch 16, § 2.
S.D. Codified Laws § 3-11-24 — SD Code / Title 3 / Chapter 11 / Section 3-11-24
Rules and regulations--Required coverage
Status: in_force

The administrator shall promulgate rules, pursuant to chapter 1-26 , for the administration of this chapter and in conformity with section 218 of Title II of the federal Social Security Act and federal regulations adopted pursuant thereto. Such rules shall include procedures to determine the extent of coverage within separate coverage groups and prescribing the manner and method of filing reports and paying contributions required under the agreement.

Source: SL 1951, ch 100, §§ 7, 12; SL 1953, ch 84; SDC Supp 1960, §§ 17.1206 (2), 17.1211 (3); SL 1963, ch 127, § 1; SL 2006, ch 16, § 4.
S.D. Codified Laws § 3-12C-407 — SD Code / Title 3 / Chapter 12C / Section 3-12C-407
Accumulated contributions defined--Foundation members
Status: in_force

For any foundation member, "accumulated contributions" means the sum of:

(1) All contributions made by the member and any member contributions made by an employer after June 30, 1984, pursuant to § 3-12C-401 ;

(2) For a member whose contributory service concluded after June 30, 2010, eighty-five percent of the employer contributions or noncontributory service, if the member had three years or more of contributory service, and fifty percent of the employer contributions, if the member had less than three years of service; or for a member whose contributory service concluded before July 1, 2010, one hundred percent of the employer contributions or noncontributory service, if the member had three years or more of contributory service, and seventy-five percent of the employer contributions, if the member had less than three years of service;

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

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

Source: SL 2016, ch 32, § 24; SDCL § 3-12-89.2; SL 2019, ch 22, §§ 19, 45; SL 2025, ch 27, § 32.
S.D. Codified Laws § 3-23-2.2 — SD Code / Title 3 / Chapter 23 / Section 3-23-2.2
Circumstances under which state authority, board, or commission member does not derive direct benefit from or have interest in contract
Status: in_force

A state authority, board, or commission member does not derive a direct benefit from or have an interest in a contract:

(1) Based solely on the value associated with the member's publicly-traded investments or holdings, or the investments or holdings of any other person with whom the member lives or commingles assets;

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

(3) If the member is a state employee and is authorized to enter into the contract pursuant to §§ 5-18A-17 through 5-18A-17.6 , inclusive;

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

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

(6) If the contract is for the deposit of public funds in a financial institution as otherwise authorized by law.

Source: SL 2017, ch 31, § 5.
S.D. Codified Laws § 3-22-6 — SD Code / Title 3 / Chapter 22 / Section 3-22-6
Promulgation of rules
Status: in_force

The bureau may, pursuant to chapter 1-26 , establish rules for:

(1) Submission, reporting, handling, and payment of claims;

(2) Implementation of risk management and loss control practices;

(3) Rates and timing of contributions by state entities for coverage;

(4) Collection and reporting of data regarding claims; and

(5) Other procedures necessary for operation of PEPL.

Source: SL 1986, ch 413, § 6; SL 2010, ch 24, § 4.
S.D. Codified Laws § 3-9-11 — SD Code / Title 3 / Chapter 9 / Section 3-9-11
Travel and moving expenses--Promulgate rules--Prior approval required
Status: in_force

The State Board of Finance shall promulgate rules pursuant to chapter 1-26 necessary to implement the provisions of §§ 3-9-9 , 3-9-10 , and 3-9-12 . The State Board of Finance shall require that a request for a moving allowance, including reimbursement of travel expenses, be submitted to the state auditor for approval or disapproval before a moving allowance is authorized. The board shall designate what classification of officers and employees may or may not be authorized for the moving allowance.

Source: SL 1963, ch 292; SL 1975, ch 36; SL 2012, ch 25, § 1; SL 2022, ch 13, § 2.
S.D. Codified Laws § 3-8-12 — SD Code / Title 3 / Chapter 8 / Section 3-8-12
Salary increase of full-time elected official who may vote on own salary delayed
Status: in_force

If the salary of any full - time elected official who may vote on his own salary is increased, the increase for that elected official may not commence until the expiration of the term for which such official was elected, or until two years after the passage of such increase, whichever is less.

Source: SL 1985, ch 22; SL 1986, ch 34.
S.D. Codified Laws § 3-10-2 — SD Code / Title 3 / Chapter 10 / Section 3-10-2
Salary deduction authorized by signature of married person or minor
Status: in_force

If a request for a salary or wage deduction is made by an officer or employee who is a married person his signature is a sufficient authorization and if the request is made by a minor the signature of the minor is a sufficient authorization for the making of a deduction pursuant to provisions of § 3-10-1 .

Source: SL 1943, ch 172, § 2; SDC Supp 1960, § 48.0609.
S.D. Codified Laws § 3-9-2.3 — SD Code / Title 3 / Chapter 9 / Section 3-9-2.3
Promulgation of rules regarding allowances for lodging, meals, and per diem
Status: in_force

The State Board of Finance may promulgate rules, pursuant to chapter 1-26 , to establish amounts that may be allowed for lodging, meals, and per diem pursuant to the provisions of §§ 3-9-2 , 3-9-2.1 , and 3-9-2.2 .

Source: SL 2017, ch 26, § 2.
S.D. Codified Laws § 3-11-20 — SD Code / Title 3 / Chapter 11 / Section 3-11-20
Special appropriations by political subdivisions
Status: in_force

To carry out the provisions of this chapter any political subdivision affected by this chapter shall, after the application is made and approved and becomes effective, provide for additional funds to carry out the purposes of § 3-11-18 by special appropriation, and said political subdivision may transfer, for that purpose, any surplus or other funds which will not be needed for other purposes before the next succeeding annual appropriation.

Source: SL 1953, ch 85; SDC Supp 1960, § 17.1208; SL 1980, ch 30, § 12.
S.D. Codified Laws § 3-6D-6 — SD Code / Title 3 / Chapter 6D / Section 3-6D-6
Merit standards for personnel management actions
Status: in_force

Any personnel management actions taken under the provisions of this chapter shall comply with merit standards as follows:

(1) Recruiting, selecting, and advancing civil service employees through open consideration of qualified applicants for initial appointments and promotions. Selection of qualified applicants is based on relative ability, knowledge, and skills;

(2) Providing equitable and adequate compensation;

(3) Training civil service employees to assure high quality performance;

(4) Retaining civil service employees based on performance, correcting inadequate performance, and separating employees whose performance cannot be improved; and

(5) Assuring fair treatment without regard to age, political affiliation, race, color, national origin, sex, or religious creed.

Source: SL 2012, ch 23, § 43; SL 2019, ch 21, § 28.
S.D. Codified Laws § 3-12C-1112 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1112
Adjustment of early retirement benefits for foundation members who retire before eligible for social security
Status: in_force

Any foundation member who retires before being eligible for social security retirement benefits may elect to receive initial retirement benefit payments from the system in an amount greater than the standard benefit payments computed on the basis of the member's age and earnings at retirement. The greater amount, in conjunction with a later reduced amount, shall be the actuarial equivalent of the normal retirement benefit computed on the basis of age at retirement. The greater amount shall be paid until the foundation member reaches the age of sixty-two, at which time the payment from the system shall be the reduced amount so that, as far as possible, the foundation member's combined monthly retirement income from the system and social security shall approximately equal the greater amount paid prior to age sixty-two.

Source: SL 1974, ch 35, § 61; SL 2006, ch 20, § 1; SL 2016, ch 32, § 45; SDCL § 3-12-107 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-12C-803 — SD Code / Title 3 / Chapter 12C / Section 3-12C-803
Disability benefits eligibility--Applications before July 1, 2015--Required information--Filing deadline
Status: in_force

A contributing member who becomes disabled and who has acquired at least three years of contributory service or noncontributory service since the member's most recent entry into active status and prior to becoming disabled or was disabled by accidental means while performing usual duties for an employer, is eligible for a disability benefit if the disability is expected to be of long, continued, and indefinite duration of at least one year. In order to be eligible for a disability benefit, a member must be disabled on the date the member's contributory service ends. Any member who fails to file an application for disability benefits with the executive director within three years after the date the member's contributory service ends, forfeits all rights to disability benefits. Any information required for a complete application must be received within one year after the application for disability benefits was received. If the required information is not received by the system within one year after the application is received, the member may reapply. For purposes of this section, a transfer within a participating unit, or a change in employment from one participating unit to another participating unit if there is no break in contributory service, does not constitute a new entry into active status. The provisions of this section apply to any member whose application for disability benefits is received by the system before July 1, 2015.

Source: SL 1974, ch 35, § 52; SL 1977, ch 28, § 11; SL 1979, ch 30, § 2; SL 1980, ch 31, § 3; SL 1992, ch 3; SL 2004, ch 37, § 3; SL 2005, ch 24, § 5; SL 2014, ch 20, § 24; SL 2016, ch 31, § 21; SDCL § 3-12-98 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-12C-220 — SD Code / Title 3 / Chapter 12C / Section 3-12C-220
Diversion of funds prohibited--Legislative policy
Status: in_force

In order to ensure employee confidence in the preservation and management of the South Dakota Retirement System, it is legislative policy that there should be no legislative enactment nor administrative action which would have the effect, directly or indirectly, of diverting any funds of the system to any purpose other than the administration and support of the benefits of members of the system.

Source: SL 1990, ch 34; SDCL § 3-12-72.3 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-12C-229 — SD Code / Title 3 / Chapter 12C / Section 3-12C-229
Annual report of funded status of system
Status: in_force

At the beginning of each legislative session, the board shall provide the Governor and the Legislature with an annual report of the funded status of the system for the fiscal year that ended the previous June thirtieth.

Source: SL 2017, ch 27, § 3; SDCL § 3-12-122.1 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-13A-1 — SD Code / Title 3 / Chapter 13A / Section 3-13A-1
Special pay retirement program established
Status: in_force

There is hereby established the South Dakota special pay retirement program. It is the intent of the Legislature that the special pay retirement program shall become a qualified plan under § 401(a) of the code and that the program shall be treated as a governmental plan under § 414(d) of the code. It is the further intent of the Legislature that special pay transmitted to the fund is picked up by the participating unit and thus shall be designated as an employer contribution under § 414(h)(2) of the code.

Source: SL 2004, ch 43, § 1; SDCL, § 3-12-165 ; SL 2005, ch 28, § 1.
S.D. Codified Laws § 3-6E-13 — SD Code / Title 3 / Chapter 6E / Section 3-6E-13
Promulgation of rules regarding benefits plan
Status: in_force

The human resources commissioner is responsible for the administration of this chapter and shall promulgate rules required for the effective administration of the provisions of this chapter pursuant to chapter 1-26 . The rules may be promulgated in the following areas:

(1) To establish what benefits will be offered pursuant to this chapter;

(2) Participation in the plan by employees, retired employees, and dependents;

(3) Procedures for election of coverage;

(4) Effective dates of coverage if not specified by statute;

(5) Termination of coverage;

(6) Changes in dependent coverage;

(7) Collection of premiums and contributions;

(8) To coordinate the benefits plan with the health insurance plan authorized in this chapter; and

(9) Other provisions as required to meet federal law.

Source: SL 2012, ch 23, § 75; SL 2019, ch 21, § 57.
S.D. Codified Laws § 3-18-15.4 — SD Code / Title 3 / Chapter 18 / Section 3-18-15.4
Change in policies not prohibited--Contractual rights preserved
Status: in_force

Nothing in this chapter prevents a governmental agency from legally changing any ordinance, policy, or rule that is currently the subject matter of a grievance procedure. However, any prior contractual rights may not be affected by a subsequent change of any ordinance, policy, or rule.

Source: SL 1970, ch 27, § 1; SL 1993, ch 375, § 2.
S.D. Codified Laws § 3-11-22 — SD Code / Title 3 / Chapter 11 / Section 3-11-22
County auditor may collect delinquent contributions from subdivisions--Travel costs
Status: in_force

The county auditor may be deputized by the administrator to collect delinquent social security employment taxes and reports and his cost of travel accruing while on official business as a deputy of the administrator shall be reimbursed by his county which shall reclaim such travel costs from the delinquent political subdivision. Reimbursement for the county may be obtained by formal direction of the board of county commissioners to the county treasurer to transfer any funds which the county has in its possession, belonging to such political subdivisions, to the county general fund.

Source: SDC Supp 1960, § 17.1207 as added by SL 1963, ch 127, § 2; SL 1971, ch 19, § 2; SL 1980, ch 30, § 14; SL 2006, ch 16, § 2.
S.D. Codified Laws § 3-12C-902 — SD Code / Title 3 / Chapter 12C / Section 3-12C-902
Payment or delivery to minors
Status: in_force

Any payment of any benefit to a minor pursuant to the provisions of this chapter shall be made on the minor's behalf to a custodian or conservator appointed by law. However, if no custodian or conservator is appointed and the amount payable does not exceed ten thousand dollars each calendar year, payment shall be made to any parent having the care and custody of the minor and with whom the minor resides.

If the child is eighteen years of age or older, the benefit is payable directly to the child. If any payment exceeds ten thousand dollars in a calendar year, payment must be made on the minor’s behalf to a custodian or conservator appointed by law.

Source: SL 2006, ch 18, § 1; SDCL § 3-12-95.1; SL 2019, ch 22, § 1; SL 2022, ch 15, § 5.
S.D. Codified Laws § 3-11-14 — SD Code / Title 3 / Chapter 11 / Section 3-11-14
Counties to budget for employer contributions
Status: in_force

All counties in this state and the officers thereof shall provide sufficient funds to comply with this chapter either in their annual budget or by supplemental budget as provided by law.

Source: SL 1951, ch 100, § 8; SDC Supp 1960, § 17.1207; SL 1963, ch 127, § 2; SL 1985, ch 15, § 16.
S.D. Codified Laws § 3-12C-1634 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1634
Information required of city of Mitchell
Status: in_force

For purposes of payment of retiree benefits pursuant to § 3-12C-1630 and to calculate the minimum benefit pursuant to § 3-12C-1631 , the city of Mitchell shall provide the following information:

(1) Each retired firefighter's benefit as of June 30, 1996, plus that benefits' COLA;

(2) Each active or inactive vested firefighter's accrued benefit as of June 30, 1996;

(3) Each active firefighter's final average compensation as of June 30, 1996;

(4) Each active firefighter's credited service as of June 30, 1996;

(5) Each active firefighter's employee contributions, with interest credited thereon, as of June 30, 1996; and

(6) The annual rate of salary for a first-class firefighter as of June 30, 1996.

Source: SL 1996, ch 28, § 6; SDCL § 3-12-158 ; SL 2019, ch 22, § 1; SL 2021, ch 26, § 9.
S.D. Codified Laws § 3-12C-305 — SD Code / Title 3 / Chapter 12C / Section 3-12C-305
Newly established retirement plans of political subdivisions and public corporations to participate in consolidated system
Status: in_force

No political subdivision or public corporation, including municipalities, counties, and chartered governmental units, may establish any retirement plan unless such political subdivision or public corporation becomes a participating unit of the system created in this chapter.

Source: SL 1974, ch 35, § 24; SDCL § 3-12-66 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-10-1 — SD Code / Title 3 / Chapter 10 / Section 3-10-1
Savings bond purchase programs authorized by public employers
Status: in_force

The governing bodies of counties, municipalities, political subdivisions, public districts, and other public agencies or subdivisions of the State of South Dakota are hereby authorized to provide for the purchase of United States savings bonds or similar United States obligations by salary or wage deductions for those officers and employees who make written requests for such deductions and such purchases.

Source: SL 1943, ch 172, § 1; SDC Supp 1960, § 48.0609; SL 1992, ch 60, § 2.
S.D. Codified Laws § 3-12C-1504.1 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1504.1
Payment of supplemental pension benefit
Status: in_force

The system may pay the participant's monthly supplemental pension benefit and the participant's monthly retirement benefit in separate payments. Each payment is a separate benefit, including provision of a separate Internal Revenue Service Form 1099-R for each payment by the system.

Source: SL 2025, ch 27, § 56.
S.D. Codified Laws § 3-12C-601 — SD Code / Title 3 / Chapter 12C / Section 3-12C-601
Retirement benefit to terminated member with vested right--Calculation
Status: in_force

A terminated member who has a vested right in the system may leave the member's accumulated contributions on deposit with the system and receive a retirement benefit commencing at the member's retirement. In calculating such benefit, the member's final average compensation shall be increased by the COLA commencing each July first for each complete twelve-month period between the member's last termination and the date on which the member's retirement benefit commences.

Source: SL 1974, ch 35, § 33; SL 1982, ch 32, § 4; SL 1986, ch 37, § 4; SL 1998, ch 17, § 3; SL 2004, ch 40, § 8; SL 2010, ch 20, § 9; SL 2017, ch 27, § 10; SDCL § 3-12-75 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-11-2 — SD Code / Title 3 / Chapter 11 / Section 3-11-2
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Coverage group" has the meaning given that term by the provisions of section 218 of Title II of the Social Security Act, as amended, and applicable federal regulations adopted pursuant thereto;

(2) "Administrator," the administrator of the State Social Security and the Internal Revenue Service Division;

(3) "Division," the State Social Security and the Internal Revenue Service Division in the State Auditor's Office;

(4) "Employee" includes officers of the state, and any political subdivision thereof, including officers and employees of any association organized under and pursuant to the provisions of chapter 9-17 ;

(5) "Employment," any service performed by an employee of the state, or any political subdivision thereof, for such employer, except:

(a) Service which in the absence of an agreement entered into under this chapter would constitute "employment" as defined in the federal Social Security Act; or

(b) Service which under the federal Social Security Act may not be included in an agreement between the state and the secretary of health, education, and welfare entered into under this chapter;

(6) "Federal Insurance Contributions Act," chapter 21 of subtitle C of the federal Internal Revenue Code as such act has been amended;

(7) "Political subdivision," a subdivision of the state to which has been delegated certain powers of local government, but only if the employees of such subdivision are not by virtue of their relation to such subdivision, employees of the state or another subdivision. The term includes special districts or authorities created by the Legislature, and qualifying governmental instrumentalities;

(8) "Qualifying," any and all coverage groups permitted by the federal Social Security Act when an agreement or any modification thereof is entered into between the State of South Dakota and the secretary of health and human services;

(9) "Secretary of health and human services" includes the former federal security administrator, and it includes any individual to whom either the secretary or the administrator has delegated any of his functions under the federal Social Security Act with respect to coverage under such act of employees of states and their political subdivisions;

(10) "Social Security Act," the act of Congress approved August 14, 1935, Chapter 531, 49 Stat. 620, officially cited as the "Social Security Act," (including regulations and requirements issued pursuant thereto), as such act has been amended;

(11) "Wages" and "salaries," all remuneration for employment as defined herein, including the cash value of all remuneration paid in any medium other than cash, except that such term shall not include that part of such remuneration which, even if it were for "employment" within the meaning of the Federal Insurance Contributions Act, would not constitute "wages" within the meaning of that act.

Source: SL 1951, ch 100, § 3; SL 1953, ch 82, § 1; SL 1955, ch 63, § 1; SL 1955, ch 64; SL 1957, ch 89; SDC Supp 1960, § 17.1202; SL 1980, ch 30, § 1; SL 2006, ch 16, § 1.
S.D. Codified Laws § 3-12C-1606 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1606
Members of consolidated systems--Entitled to prior benefits--Retention of Code
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 , all members of systems established thereunder are entitled to retire at the age, with the length of service and the benefits available to the members, under those provisions or the provisions of this chapter.

For purposes of this section, the executive director shall retain as part of the permanent files all volumes of the South Dakota Codified Laws.

Source: SL 1974, ch 35, § 83; SL 1975, ch 39, § 7; SL 2016, ch 31, § 27; SDCL § 3-12-127; SL 2019, ch 22, § 1; SL 2025, ch 27, § 62.
S.D. Codified Laws § 3-12C-217.1 — SD Code / Title 3 / Chapter 12C / Section 3-12C-217.1
Domestic relations order--Beneficiary designated
Status: in_force

If a qualified domestic relations order provides that a member's former spouse must be treated as a beneficiary for any payment pursuant to § 3-12C-409 , the provision must supersede any contrary beneficiary designation by the member. The provision of the qualified domestic relations order and the member's beneficiary designation must be administered in a manner that gives full effect to the order and both proportional and equitable effect to the member's designation of any beneficiary.

Source: SL 2025, ch 27, § 20.
S.D. Codified Laws § 3-12C-804 — SD Code / Title 3 / Chapter 12C / Section 3-12C-804
Employer certification--Unable to accommodate
Status: in_force

No application for disability benefits pursuant to § 3-12C-803 , may be determined until the employer has certified to the system that, within the employer's understanding of the member's medical condition and the employer's knowledge of the member's employment requirements and duties, the employer is unable to provide to the member either effective accommodations in the member's current position or a comparable level position.

Source: SL 1995, ch 23, § 2; SL 2006, ch 19, § 2; SL 2014, ch 20, § 32; SDCL § 3-12-141; SL 2019, ch 22, § 1; SL 2025, ch 27, § 44.
S.D. Codified Laws § 3-18-15.3 — SD Code / Title 3 / Chapter 18 / Section 3-18-15.3
Grievance procedure adopted in absence of agency action
Status: in_force

If no grievance procedure is enacted as provided in § 3-18-15.1 , the Department of Labor and Regulation shall promulgate rules pursuant to chapter 1-26 to adopt a standard grievance procedure to carry out the provisions of § 3-18-15.1 .

Source: SL 1970, ch 27, § 1; SL 1973, ch 33; SL 1993, ch 375, § 6; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 33, eff. Apr. 12, 2011.
S.D. Codified Laws § 3-22-1 — SD Code / Title 3 / Chapter 22 / Section 3-22-1
Public entity pool for liability established--Coverage provided--Effect on certain claims and defenses
Status: in_force

There is hereby established the South Dakota public entity pool for liability effective March 1, 1987. PEPL shall provide defense and liability coverage for any state entity or employee as provided for within the coverage document issued by PEPL. Nothing in this chapter may be construed to require payment of a particular claim or class of claims, to create any cause of action, nor to waive or limit any immunity or legal defense otherwise available to any covered claim. Punitive damages may not be recovered pursuant to this chapter. No claim for indemnity or contribution by the United States, arising directly or indirectly from the acts or omissions of the South Dakota National Guard, its agents, officers, members, or employees, which is cognizable under the Federal Tort Claims Act may be prosecuted under this chapter.

Source: SL 1986, ch 413, § 1; SL 1993, ch 46; SL 2010, ch 24, § 1.
S.D. Codified Laws § 3-12C-1215 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1215
Amount of surviving spouse benefit for generational member
Status: in_force

If no family benefit is being paid pursuant to § 3-12C-907 , a surviving spouse of a contributing generational member who had acquired at least three years of contributory service or noncontributory service or died while performing usual duties for the employer is, upon attaining the age sixty-seven, eligible to receive a surviving spouse benefit as follows:

(1) If a family benefit had been 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 a family benefit had not been paid, sixty percent of the amount calculated pursuant to subsection (a) or (b), whichever is greater, increased by the COLA from the date of the member's death:

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

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

The surviving spouse benefit shall be paid in monthly installments for the life of the surviving spouse.

Source: SL 2016, ch 32, § 18; SL 2017, ch 27, § 36; SDCL § 3-12-516 ; SL 2019, ch 22, §§ 38, 45.
S.D. Codified Laws § 3-12C-605 — SD Code / Title 3 / Chapter 12C / Section 3-12C-605
Uncollected payments from system--Reversion
Status: in_force

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

Source: SL 1984, ch 24, § 2; SDCL § 3-12-77.1 ; SL 2019, ch 22, §§ 20, 45.
S.D. Codified Laws § 3-1-1.1 — SD Code / Title 3 / Chapter 1 / Section 3-1-1.1
Draft registration compliance required for hiring
Status: in_force

No person who is required by the Military Selective Service Act, 50 U.S.C. § 453, as amended and in effect on January 1, 2012, to register with the selective service system and who has not done so, may be hired by the state or a county, township, municipality, school district, or any other governmental unit or department in any capacity.

Source: SL 1988, ch 159, § 3; SL 2012, ch 23, § 9.
S.D. Codified Laws § 3-9-20 — SD Code / Title 3 / Chapter 9 / Section 3-9-20
Daily meal allowance--Wildland fire employees and fire suppression forces
Status: in_force

Notwithstanding §§ 3-9-2 to 3-9-2.2 , inclusive, the Department of Public Safety shall establish a maximum daily meal allowance for wildland fire employees and fire suppression forces authorized by §§ 34-35-20 , 41-20A-8 , 41-20A-10 , and 41-20A-12 , while performing duties on any uncontrolled fire within the Black Hills Forest Fire Protection District, or outside the District if the Governor has declared an emergency pursuant to § 34-48A-5 or 41-20A-8 . The amount may not exceed the current United States General Services Administration per diem rate for South Dakota. The department shall publish the maximum daily meal allowance to be effective as of October first each year. The daily meal allowance applies only to meals that are ordered and distributed in a manner approved by the department.

Source: SL 2026, ch 21, § 1.
S.D. Codified Laws § 3-10-7 — SD Code / Title 3 / Chapter 10 / Section 3-10-7
Transfer of previously owned annuity to payment by public employer
Status: in_force

When a public employee has a tax - sheltered annuity prior to employment by the state or a political subdivision of the state, such employee shall have the privilege of transferring the periodic payments on such an annuity to the current employer.

Source: SL 1963, ch 329.
S.D. Codified Laws § 3-12C-1507 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1507
Contract purchases and benefit payments deemed qualified plan distributed annuity contracts
Status: in_force

Supplemental pension contract purchases and supplemental pension benefit payments administered pursuant to the provisions of §§ 3-12C-1501 to 3-12C-1510 , inclusive, are considered to be qualified plan distributed annuity contracts under Internal Revenue Service Treasury Regulation 1.402(c)-2.

Source: SL 2008, ch 24, § 8; SL 2016, ch 31, § 33; SDCL § 3-12-195 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-5-1 — SD Code / Title 3 / Chapter 5 / Section 3-5-1
Bonds of state officers and employees--Approval, recording, and safekeeping
Status: in_force

The bonds of all state officers, appointees of the Governor or employees of the state, required to give bonds, shall be given to the State of South Dakota, and shall be approved by the Governor as to sufficiency and by the attorney general as to form, except that the form of the attorney general's bond shall be approved by one of the justices of the Supreme Court, and all such bonds when so approved, shall be recorded in the Office of the Secretary of State in a book to be known as the "Bond Record" and when such bonds have been recorded the secretary of state shall immediately deliver same to the auditor - general for safekeeping in the State Department of Legislative Audit, who shall index the same alphabetically and file numerically, except the bond of the auditor - general and his employees, which shall be delivered to the state auditor and kept on file in his office. The state auditor's and auditor - general's receipts for said bonds shall be filed with the secretary of state.

Source: CL 1887, § 1373; SL 1895, ch 147, § 1; RPolC 1903, § 1790; SL 1913, ch 283; RC 1919, § 7026; SL 1919, ch 285; SDC 1939, § 48.0303; SL 1955, ch 222.
S.D. Codified Laws § 3-8-2 — SD Code / Title 3 / Chapter 8 / Section 3-8-2
Annual appropriation for salaries of constitutional officers
Status: in_force

There is hereby annually appropriated out of any money in the state treasury not otherwise appropriated the sums necessary to meet the expenditures authorized by § 3-8-1 , and payments shall be made therefrom upon approved vouchers filed in the Office of the State Auditor.

Source: SL 1947, ch 241, § 8; SDC Supp 1960, § 48.0612.
S.D. Codified Laws § 3-6D-3 — SD Code / Title 3 / Chapter 6D / Section 3-6D-3
Meetings--Chair--Quorum--Law enforcement officer discipline
Status: in_force

The commission shall hold meetings as necessary to carry out its duties under this chapter. The commission shall elect one of its members as chair at the first meeting in each year. Four members shall constitute a quorum for the conduct of business. If the subject of any meeting is the discipline of any law enforcement officer, at least two of the members of the commission in attendance shall be experienced in law enforcement.

Source: SL 2012, ch 23, § 40; SL 2019, ch 21, § 25.
S.D. Codified Laws § 3-12C-404 — SD Code / Title 3 / Chapter 12C / Section 3-12C-404
Deduction of delinquent contributions from payments due from state--Penalty and interest
Status: in_force

If any participating unit becomes delinquent thirty or more days by failure or refusal to pay any amounts due to the system, the state treasurer shall, upon certification by the executive director of the delinquency, withhold and deduct the amount of the delinquency, penalty, and interest as specified in § 3-12C-403 from the next succeeding payment or payments of any money in the hands of the state treasurer due and payable to the participating unit.

Source: SL 1959, ch 84, § 30; SDC Supp 1960, § 15.3934 (2); SL 1967, ch 50, § 5; SDCL § 13-45-38; SL 1970, ch 25, § 13; SDCL Supp, § 3-12-23.1; SL 1974, ch 35, § 32; SL 2008, ch 20, § 8, eff. Jan. 1, 2009; SL 2016, ch 31, § 12; SDCL § 3-12-74 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-13A-23 — SD Code / Title 3 / Chapter 13A / Section 3-13A-23
Annuity distributions date
Status: in_force

A participant who does not take a total lump-sum distribution, transfer funds by rollover pursuant to § 3-13A-20 , or transfer funds by trustee-to-trustee transfer pursuant to § 3-13A-19 may begin annuity distributions by selecting a retirement date, as set out in § 3-13A-22 . If a participant does not make a selection, the participant's normal retirement date is as defined in subdivision 3-13A-2 (6).

Source: SL 2004, ch 43, § 22; SDCL, § 3-12-186; SL 2005, ch 28, § 1; SL 2021, ch 28, § 13.
S.D. Codified Laws § 3-12C-1612 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1612
Normal retirement allowance reduced by actuarial equivalent--Deposit of individual balance--Member contributions
Status: in_force

All benefits payable pursuant to § 3-12C-1106 must be reduced by the actuarial equivalent that could be purchased by a sum of money equal to twice the value of the Board of Regents' balance payable at the member's retirement. The Board of Regents is hereby authorized, if the Board of Regents receives member approval, to deposit with the system the individual balance accumulated in the regents retirement system during the period of April 1, 1964, to June 30, 1975. The deposit must not include the excess balance, as defined in § 3-12C-1608 . The individual balance is considered a member contribution.

Source: SL 1975, ch 38, § 5; SL 1976, ch 40, § 2; SL 1979, ch 29, § 2; SDCL § 3-12-69.5; SL 2019, ch 22, § 1; SL 2025, ch 27, § 63.
S.D. Codified Laws § 3-9-2.4 — SD Code / Title 3 / Chapter 9 / Section 3-9-2.4
Meals allowance--Uniformed highway patrol officers
Status: in_force

Notwithstanding §§ 3-9-2 to 3-9-2.2 , inclusive, the daily meal allowance of uniformed highway patrol officers when assigned to field duties is seventeen dollars per day.

Source: SL 2024, ch 20, § 5.
S.D. Codified Laws § 3-6D-10 — SD Code / Title 3 / Chapter 6D / Section 3-6D-10
Promulgation of position classification rules
Status: in_force

The commission shall promulgate rules, pursuant to chapter 1-26 , to develop a position classification system for all positions in the civil service, based upon similarity of duties performed and responsibilities assumed, so that the same qualifications and pay may reasonably be required and established for positions allocated to the same class.

Source: SL 2012, ch 23, § 47; SL 2019, ch 21, § 32.
S.D. Codified Laws § 3-12C-1101 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1101
Final average compensation for foundation members whose contributory service concluded before July 1, 2021
Status: in_force

For any foundation member whose contributory service concluded before July 1, 2021, the term, final average compensation, means the highest average annual compensation earned by a member during any period of twelve 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 twelve consecutive calendar quarters. For any member who has less than twelve but more than four calendar quarters of membership in the system, 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 2016, ch 32, § 26; SL 2017, ch 29, § 1; SDCL § 3-12-89.4 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-6C-13 — SD Code / Title 3 / Chapter 6C / Section 3-6C-13
Donation of accrued vested leave to another employee--Approval by bureau
Status: in_force

A permanent employee may donate accrued vested leave to another permanent employee who has exhausted all accrued vacation and sick leave and who meets one of the following criteria:

(1) The recipient employee is terminally ill and the employee's condition does not allow a return to work; or

(2) The recipient employee 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 the employee's physical condition does not allow a return to work for a period of at least ninety consecutive days.

The recipient employee may not receive donated leave once the employee is able to return to work or is approved for disability benefits provided for in § 3-12C-803 or any other public disability benefits.

The donation of accrued vested leave may not exceed two thousand eighty hours per recipient employee as defined in subdivision (1) of this section or one thousand forty hours per illness or injury for a recipient employee as defined in subdivision (2) of this section, not to exceed two thousand eighty hours per recipient. The donation shall be approved by the bureau under rules promulgated by the commission pursuant to chapter 1-26 , 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, coordination of leave donation with disability and other public benefits and in compliance with the provisions of § 3-6C-12 , and procedures for approval of the donation.

Source: SL 2012, ch 23, § 24; SL 2019, ch 21, § 13.
S.D. Codified Laws § 3-6D-9 — SD Code / Title 3 / Chapter 6D / Section 3-6D-9
Delegation of administrative functions to institutions and departments
Status: in_force

The human resources commissioner may delegate the administration of this chapter to state institutions and departments throughout the state. However, the human resources commissioner shall delegate to institutions under the jurisdiction of the Board of Regents the administration of recruitment, examining, and selection of employees for institutions under the jurisdiction of the Board of Regents. All delegated administrative authority shall be exercised in accordance with the provisions of this chapter and commission rules.

Source: SL 2012, ch 23, § 46; SL 2019, ch 21, § 31.
S.D. Codified Laws § 3-8-2.2 — SD Code / Title 3 / Chapter 8 / Section 3-8-2.2
Additional adjustment of the salaries of the secretary of state, the state auditor, the state treasurer, the commissioner of school and public lands, the Governor, and the attorney general
Status: in_force

On July 1, 2023, prior to the adjustment required pursuant to § 3-8-2.1 , the base annual salaries of the following constitutional officers shall be set to the following values:

(1) The secretary of state, the state auditor, the state treasurer, and the commissioner of school and public lands, one hundred thirteen thousand dollars;

(2) The Governor, one hundred thirty thousand dollars;

(3) The attorney general, one hundred twenty-five thousand dollars.

The salaries, as adjusted pursuant to this section and § 3-8-2.1 , shall be the base salaries for the next adjustment required pursuant to § 3-8-2.1 . Thereafter, the base salaries of these constitutional officers that are to be annually adjusted in all subsequent years, pursuant to § 3-8-2.1 , will be the total of the base salary and adjustment amount established by the prior annual adjustment.

Source: SL 2021, ch 23, § 1.
S.D. Codified Laws § 3-6C-33 — SD Code / Title 3 / Chapter 6C / Section 3-6C-33
Reporter safeguards--Immunity--Exclusion
Status: in_force

A reporter who makes a good faith report of improper governmental conduct or crime, or submits records in support of the good faith report, is immune from any liability, civil or criminal, which might otherwise be incurred or imposed, and has the same immunity for participation in any judicial proceeding resulting from the good faith report. The immunity does not extend to a state employee who participated in the reported improper governmental conduct or crime.

Source: SL 2025, ch 26, § 2.
S.D. Codified Laws § 3-1A-4 — SD Code / Title 3 / Chapter 1A / Section 3-1A-4
Additions and corrections filed on assumption of elective local office
Status: in_force

Any person who assumes the office of a county commissioner, school board member of a school district with a total enrollment of more than two thousand students, or commissioner, councilman, or mayor in municipalities of the first class, shall, within fifteen days after the person assumes office, file a statement of financial interest setting forth any additions or corrections to any previous statement of financial interest filed pursuant to § 12-25-30 .

Source: SL 1974, ch 121, § 7; SL 1977, ch 68, § 13; SL 1992, ch 60, § 2; SL 2017, ch 23, § 2; SL 2019, ch 20, § 2.
S.D. Codified Laws § 3-12C-1003 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1003
New enrollments in additional survivor protection prohibited
Status: in_force

The provisions of § 3-12C-1001 notwithstanding, on or after July 1, 2010, no member of the system may enroll in the program created under that section.

Source: SL 2010, ch 22, § 2; SDCL § 3-12-104.2 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-20-5 — SD Code / Title 3 / Chapter 20 / Section 3-20-5
Application for reduced tuition--Rules by Board of Regents
Status: in_force

Any employee of the state desiring the benefits of this chapter shall make application to the Board of Regents. The Board of Regents shall determine whether the person is entitled to the benefits of this chapter. The Board of Regents may promulgate rules pursuant to chapter 1-26 to accomplish the purposes of this chapter.

Source: SL 1986, ch 28, § 5.
S.D. Codified Laws § 3-12C-1213 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1213
Surviving spouse benefit--Retired generational member--Amount of benefit
Status: in_force

Upon the death of a generational member retiree who elected either a sixty percent or one hundred percent joint and survivor benefit, the surviving spouse is eligible to receive a surviving spouse benefit. The amount of the surviving spouse benefit is based on the election made upon the retirement of the member and is payable on a monthly basis to the surviving spouse for the life of the spouse. The surviving spouse benefit is effective the first day of the month following the death of the member and is payable upon the receipt of a completed application.

Source: SL 2016, ch 32, § 16; SDCL § 3-12-514; SL 2019, ch 22, § 1; SL 2020, ch 15, § 5.
S.D. Codified Laws § 3-24-2 — SD Code / Title 3 / Chapter 24 / Section 3-24-2
Terms of office
Status: in_force

The initial appointments for the members of the board are temporary and staggered with one member serving two years, one member serving three years, one member serving four years, and one member serving five years. Each member's initial term is to be determined by the Governor.

Source: SL 2017, ch 32, § 2.
S.D. Codified Laws § 3-12C-1503 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1503
Rollover of funds--Single premium--Contract effective upon signing--Payment of benefits
Status: in_force

A 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 is a beneficiary of the funds subject to this section, may become a supplemental pension participant by direct rollover of pretax funds held by the member in a variable retirement account, in contribution credit, or in either or both of the plans created in chapters 3-13 and 3-13 A into the fund. Any rollover must be in compliance with the provisions of § 401(a)(31) of the Internal Revenue Code and must be recorded in the participant's supplemental pension contract record. All of a participant's funds rolled into the fund must be expended in full as the single premium for a supplemental pension contract. No single premium may be less than ten thousand dollars. A supplemental pension contract goes into effect when a participant signs the supplemental pension contract. The initial monthly supplemental pension benefit is payable the first day of the first month after the contract goes into effect. Payment of any prior and current supplemental pension benefits must be made within two months after the contract is in effect.

Source: SL 2008, ch 24, § 4; SL 2013, ch 20, § 14; SL 2016, ch 32, § 47; SL 2018, ch 33, § 15; SDCL § 3-12-191; SL 2019, ch 22, § 1; SL 2019, ch 23, § 8; SL 2022, ch 15, § 11.
S.D. Codified Laws § 3-4-11 — SD Code / Title 3 / Chapter 4 / Section 3-4-11
Replacement of vacancy requiring consent of Senate--Time limitation--Person deemed reappointed
Status: in_force

If any position on a board or commission whose members are appointed by the Governor with the consent of the Senate becomes vacant pursuant to § 3-4-1 , the Governor may make an interim appointment to fill the vacancy, but any interim appointment expires when the Senate acts upon the appointee's nomination. If the vacancy is the result of a resignation, the person who has resigned remains on the board or commission until the Governor appoints a person with the consent of the Senate or makes an interim appointment to fill the vacancy or until a date set in writing by the person who resigned, whichever is sooner.

If a person's term on the board or commission has expired, the person remains on the board or commission until the Senate consents to the appointment of the Governor's nominee or until the Senate acts upon the renomination of the person whose term has expired. If the Governor does not nominate a person for the new term by the tenth legislative day after the Legislature convenes, the person whose term has expired is deemed to be renominated for the new term and the Senate may act on the nomination accordingly. If a person is unable to serve an additional term due to a term limit, the person is not deemed renominated pursuant to this section and may not remain on the board or commission pursuant to this section after the adjournment of the next legislative session after the person's term expires.

This section applies to any board or commission whose members are appointed by the Governor with the consent of the Senate unless the board or commission is specifically exempted from this section by law.

Source: SL 2024, ch 19, § 2.
S.D. Codified Laws § 3-12C-211 — SD Code / Title 3 / Chapter 12C / Section 3-12C-211
Rules for administration
Status: in_force

The Board of Trustees may promulgate rules necessary to establish uniform procedures for the administration of the system and to insure uniformity of application of the provisions of this chapter. Rules may be adopted in the following areas:

(1) Membership and class of membership;

(2) Contributions and the collection of contributions;

(3) Criteria and procedures for the determination of applications for, and payment of disability benefits;

(4) Procedure for applications for benefits and the payment of benefits;

(5) Election of trustees; and

(6) Procedure for the conduct of meetings of the board.

The rules shall be promulgated pursuant to chapter 1-26 and shall be in accordance with the provisions of this chapter.

Source: SL 1967, ch 303, § 3 (9); SDCL § 3-12-11; SL 1968, ch 216, § 1; SL 1974, ch 35, § 15; SL 1983, ch 22, § 1; SL 2017, ch 27, § 7; SDCL § 3-12-58 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-6C-35 — SD Code / Title 3 / Chapter 6C / Section 3-6C-35
Reporter safeguards--Immunity and protections--Eligibility
Status: in_force

To be eligible for protections under §§ 3-6C-33 and 3-6C-34 , a reporter who discloses information about improper governmental conduct or a crime must do so in good faith and upon a reasonable belief that the information disclosed is accurate and true. A disclosure that is made with a reckless disregard for the truth or that the state employee knows or should know is false or malicious is not a good faith report.

Source: SL 2025, ch 26, § 4.
S.D. Codified Laws § 3-13-54 — SD Code / Title 3 / Chapter 13 / Section 3-13-54
Promulgation of rules--Limitation on availability of accumulated deferred compensation to participant--Exception
Status: in_force

The board may promulgate rules pursuant to chapter 1-26 concerning the time and amount of compensation which may be deferred, the persons who may participate in the plan, the conditions of participation, the time and manner in which accumulated deferrals may be made available to a participant or beneficiary, the establishment of administrative changes, and participation by political subdivisions. Except pursuant to the provisions of an automatic enrollment feature established under subdivision 3-13-56(4), in no event may the accumulated deferred compensation become available to the participant prior to thirty days following the participant's separation from employment with a participating employer unless the participant is faced with an unforeseeable emergency as determined by the board, unless an in-service distribution of a small amount of funds is made, or unless a distribution is made to a participant who has been called to perform qualified military service for a period in excess of thirty days. If a participant returns to service with a participating employer within thirty days following separation from service, the accumulated deferred compensation is not available to the participant.

Source: SL 1987, ch 38, § 6; SL 2009, ch 20, § 4; SL 2011, ch 20, § 4.
S.D. Codified Laws § 3-12C-308 — SD Code / Title 3 / Chapter 12C / Section 3-12C-308
Political subdivision or public corporation joining system--Accrued benefit deposit required--Participation by employees--Deferred payment of deposit--Present value of benefits earned to date defined
Status: in_force

Employees of an eligible political subdivision or public corporation not participating in the systems consolidated into the system created by this chapter, may become a participating unit in the system if the unit commits to deposit an amount equal to the present value of benefits earned to date, based on the employee's prior service to the unit to be covered by the system. The expense of the actuarial determination of this amount must be borne by the applicant. All eligible employees of an applicant shall participate in the system upon admission. If the unit is unable to deposit this amount in a single sum, the unit must have the option to pay the amount by periodic level installments over a period up to twenty years, the value of which, when discounted for compound interest at the assumed rate of return, is equal to the amount due at the date of participation.

For purposes of this section, "present value of benefits earned to date" means:

(1) The present value of the benefits currently being paid to retired members, if included, and the retired members' beneficiaries;

(2) The present value of the benefits payable to terminated members; and

(3) The actuarial accrued liability of active members, based on the actuarial assumptions and methods used in the actuarial valuation.

Source: SL 1967, ch 303, § 10; SDCL § 3-12-36; SL 1968, ch 216, § 1; SL 1974, ch 35, § 27; SL 2004, ch 42, § 12; SL 2016, ch 31, § 9; SDCL § 3-12-69; SL 2019, ch 22, §§ 43, 45; SL 2025, ch 27, § 25.
S.D. Codified Laws § 3-12C-808 — SD Code / Title 3 / Chapter 12C / Section 3-12C-808
Conversion of disability benefit to retirement benefit--Credited service--Applications before July 1, 2015
Status: in_force

When a member who is receiving a disability benefit reaches age sixty-five, or at a later date if there are no eligible children, or if over age sixty at the time of commencement of disability, after a period of five years, the member's disability benefit must be terminated and thereafter the member must receive the benefit payable for service retirement at that age, calculated on the projected compensation and projected service. If a member who received a disability benefit returns to employment prior to normal retirement age, the member's credited service must include the time of disability.

If a member receiving a disability benefit ceases to be disabled, elects to convert to a retirement benefit, or is converted to a retirement benefit pursuant to this section, the disability benefit is terminated. The member shall receive credited service for the period that the member receives a disability benefit, except as provided for in this section, and not beyond the member’s normal retirement age.

The provisions of this section apply to any member whose application for disability benefits is received by the system prior to July 1, 2015.

Source: SL 1974, ch 35, § 57; SL 1992, ch 33; SL 2014, ch 20, § 28; SDCL § 3-12-103; SL 2019, ch 22, § 1; SL 2025, ch 27, § 45.
S.D. Codified Laws § 3-13-106 — SD Code / Title 3 / Chapter 13 / Section 3-13-106
Automatic enrollment--Advance authorization not required
Status: in_force

Automatic enrollment or automatic escalation, pursuant to this chapter, does not require advance authorization by the automatic enrollee. This section is an exception to the provisions of any state law requiring employee authorization for a payroll deduction or any similar ordinance of a local automatic enrollment unit.

Source: SL 2025, ch 27, § 133.
S.D. Codified Laws § 3-12C-111 — SD Code / Title 3 / Chapter 12C / Section 3-12C-111
Terminated defined--Exceptions
Status: in_force

For purposes of this chapter, "terminated" means a complete severance of employment from public service of any member by resignation or discharge and involves the following termination proceedings routinely followed by the member's participating unit:

(a) Payment to the member for unused vacation leave;

(b) Payment to the member for unused sick leave;

(c) Payment to the member for severance of an employment contract;

(d) Severance of employer-provided health insurance coverage;

(e) Severance of employer-provided life insurance coverage; or

(f) Severance of any other employer-provided perquisite of employment granted by the member's participating unit to an active employee.

The term does not mean a leave of absence, layoff, vacation leave, sick leave, or jury duty.

Source: SL 2019, ch 22, § 7; SL 2025, ch 27, § 11.
S.D. Codified Laws § 3-12C-1001 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1001
Election of additional survivor protection--Commencement and termination--Additional terms
Status: in_force

Within three hundred sixty-five days of becoming a member, within ninety days of attaining age thirty-five, or within ninety days of the first anniversary of a marriage, a member may elect to provide the member's spouse with additional survivor protection by increasing the member's contribution by an additional one and five-tenths percent of compensation, which additional contribution may not be matched by the member's employer. The additional contribution must commence with the first payroll period following the date of the election. The additional contribution must continue until one of the following occurs:

(1) The member's spouse attains the age sixty-five;

(2) The death or disability of the member;

(3) The death of the spouse;

(4) The termination of the member's employment; or

(5) The termination of the marriage through a divorce decree or an annulment.

The additional contribution may not be treated as a member contribution for purposes of determining the amount of refund of accumulated contributions. Contributions paid prior to January 1, 1979, must be considered part of accumulated contributions for determining the amount of refund if the member terminates employment. Notwithstanding any other provision of this section, a member who is currently contributing to the system may terminate the additional survivor protection under this section, but all funds contributed for the additional survivor protection must remain with the system and may not be considered as part of the member's accumulated contributions.

For purposes of implementing this section, the one and two-tenths percent contribution for additional survivor protection was applied to all compensation received on or after July 1, 2004, regardless of when that compensation was earned, and the one and five-tenths percent of compensation must be applied to all compensation received on or after July 1, 2010, regardless of when the compensation was earned.

Source: SL 1974, ch 35, § 58; SL 1976, ch 40, § 4; SL 1977, ch 28, § 12; SL 1978, ch 33, §§ 1, 3; SL 1982, ch 32, § 6; SL 1995, ch 21; SL 1998, ch 15, § 20; SL 1998, ch 21, § 1; SL 2004, ch 41, § 1; SL 2010, ch 22, § 1; SDCL § 3-12-104; SL 2019, ch 22, § 1; SL 2025, ch 27, § 48.
S.D. Codified Laws § 3-12C-214.2 — SD Code / Title 3 / Chapter 12C / Section 3-12C-214.2
Repayment of overpayments by person other than member--Options--Interest--Delayed repayment--Failure to select an option--Required notice and presumption
Status: in_force

Any person other than a member who is 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 that must continue as long as the benefit is paid.

If the person required to repay an overpayment is receiving a benefit from the system and does not choose a repayment option within two months after being given notice of the overpayment, the person 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 person's choice or the person's failure to choose a repayment option, system staff must inform the person that the reduction is unlikely to result in repayment of the exact amount of the overpayment plus interest if appropriate, and the person 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, § 19.
S.D. Codified Laws § 3-12C-1303 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1303
Distributions from generational member's variable retirement account
Status: in_force

The variable retirement account is payable to the generational member when the member commences a retirement benefit or a disability benefit. If a generational member dies before commencing a benefit, the variable retirement account is payable at the death of the member to the member's spouse who meets the requirements for an immediate or deferred surviving spouse benefit under § 3-12C-1214 or 3-12C-1215 . For the purpose of paying a distribution, the variable retirement account is the amount in the member's variable retirement account or the total of the variable retirement contributions made on behalf of the member, whichever is greater.

The variable retirement account 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.

The variable retirement account is not payable to any member who withdraws his or her accumulated contributions from the system.

Source: SL 2016, ch 32, § 23; SDCL § 3-12-521; SL 2019, ch 22, § 1; SL 2022, ch 15, § 8; SL 2023, ch 14, § 6.
S.D. Codified Laws § 3-9-9 — SD Code / Title 3 / Chapter 9 / Section 3-9-9
Household moving allowance--State transfers--Eligibility and amount
Status: in_force

A current full - time officer or employee, except an elected constitutional officer of the State of South Dakota, may receive a household moving allowance.

The officer or employee is eligible for the allowance if the officer or employee is transferred by the department, institution, board, commission, or other state agency to move from the officer's or employee's headquarter duty station in South Dakota to another headquarter duty station in South Dakota, if the duty stations are at least fifty miles apart. The officer or employee may be paid up to an amount equal to three months of the officer’s or employee’s salary but not to exceed fifteen thousand dollars. The amount must be provided by the agency head in the offer letter to the officer or employee.

Source: SL 1963, ch 292; SL 1968, ch 195, § 1; SL 1972, ch 20; SL 1976, ch 35; SL 1979, ch 25; SL 1981, ch 21; SL 1984, ch 30, § 83; SL 2022, ch 13, § 1; SL 2023, ch 13, § 2.
S.D. Codified Laws § 3-23-7 — SD Code / Title 3 / Chapter 23 / Section 3-23-7
Officials with contract authority--Description of direct benefit from contract
Status: in_force

A person described in § 3-23-6 derives a direct benefit from a contract if the person, the person's spouse, or any other person with whom the person lives and commingles assets:

(1) Is a party to or intended beneficiary of any contract held by the school district or cooperative education service unit;

(2) Has more than a five percent ownership interest in an entity that is a party to any contract held by the school district or cooperative education service unit;

(3) Acquires property under the contract; or

(4) Will receive compensation, commission, promotion, or other monetary benefit directly attributable to any contract with the school district or cooperative education service unit.

Source: SL 2016, ch 33, § 7; SL 2017, ch 31, § 11; SL 2021, ch 73, § 24.
S.D. Codified Laws § 3-13-65 — SD Code / Title 3 / Chapter 13 / Section 3-13-65
Catch up--Maximum deferral
Status: in_force

Effective for each of the three calendar years immediately preceding a participant's normal retirement date, a participant may defer up to twice the dollar amount specified in § 3-13-56.5 .

Source: SL 2025, ch 27, § 92.
S.D. Codified Laws § 3-12C-1808 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1808
Contributions--Accounting
Status: in_force

The system must determine the amount necessary to pay the benefits under § 3-12C-1805 , for each calendar year. The required contribution is the aggregate of the benefits payable under § 3-12C-1805 to all participants for the calendar year and an amount determined to be a necessary and reasonable expense of administering the qualified benefit preservation arrangement. Contributions may not be calculated in a manner designed to pay future benefits under § 3-12C-1805 . Each payment of contributions by an employer that would otherwise be made to the system fund must be reduced by the amount necessary to pay the benefits under § 3-12C-1805 , and the contributions must be deposited in the qualified benefit preservation arrangement trust fund. Any employer contribution otherwise required under the terms of this chapter is divided into the contributions required to pay the benefits under § 3-12C-1805 , and the contributions paid into and accumulated in the system fund to pay the maximum benefits permitted. Any employer contribution to fund the benefits under § 3-12C-1805 may not be credited to or commingled with any contribution paid into and accumulated in the system fund. The amount deducted from an employer contribution and deposited into the qualified benefit preservation arrangement fund does not increase the amount of employer contributions required under the system fund. Any contribution not used to pay the benefits under § 3-12C-1805 for a current calendar year, together with any income accruing to the qualified benefit preservation arrangement fund, is used to pay the administrative expenses of the qualified benefit preservation arrangement for the calendar year. Any contribution not used to pay the benefits under § 3-12C-1805 for the current calendar year that remain after paying administrative expenses is used to fund administrative expenses or benefits of participants in future years.

The system must account separately for the amounts determined to be necessary to provide the benefits under § 3-12C-1805 for each participant. The separate accounting does not constitute setting aside the amounts for the benefit of a participant. Benefits under § 3-12C-1805 must be paid from the qualified benefit preservation arrangement fund.

Any consultant or outside auditor, attorney, or actuary performing services for the system may also perform services for the qualified benefit preservation arrangement. Any fees attributable to services performed with respect to the qualified benefit preservation arrangement are payable solely from the qualified benefit preservation arrangement fund.

Source: SL 2020, ch 14, § 8; SL 2025, ch 27, § 74.
S.D. Codified Laws § 3-3-2 — SD Code / Title 3 / Chapter 3 / Section 3-3-2
Investigation and interview of veteran applicants
Status: in_force

If a veteran as defined in § 33A-2-1 applies for appointment for employment under this chapter, the officer, board, or person whose duty it is to appoint or employ some person to fill the position shall investigate the qualifications of the applicant. If the applicant possesses at least the minimum qualifications necessary to fill the position, the officer, board, or person shall interview the applicant.

Source: SL 1935, ch 188, § 3; SDC 1939, § 41.0503; SL 2010, ch 19, § 9; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 20, eff. Apr. 12, 2011; SL 2016, ch 30, § 2.
S.D. Codified Laws § 3-3-9 — SD Code / Title 3 / Chapter 3 / Section 3-3-9
Distribution of information about state laws on veterans' preference in employment
Status: in_force

Beginning on July 1, 2016, the Department of Veterans Affairs shall create informative materials about current state laws pertaining to veterans' preference in employment to be both posted on the Department of Veterans Affairs website for public access and for distribution by the council and its member organizations.

Source: SL 2016, ch 30, § 3; SL 2020, ch 140, § 2.
S.D. Codified Laws § 3-13-80 — SD Code / Title 3 / Chapter 13 / Section 3-13-80
Distribution--Form--Election--Period
Status: in_force

A participant may elect to receive the participant's distribution in any of the following forms:

(1) A lump sum;

(2) Equal monthly installments over a fixed period; or

(3) Any other form offered by the third-party administrator.

The election must be made prior to the time any amounts become payable. A participant or a beneficiary who has chosen a payment form other than an annuity has the ability to change the payment option, subject to any administrative restrictions and charges established by the board.

If the distribution begins prior to the participant's death, the entire interest must be distributed over the life expectancy of the participant or the life expectancies of the participant and a designated beneficiary. Any amount not distributed during the participant's life must be distributed after the participant's death, at least as rapidly as under the distribution method being used on the date of the participant's death. If the distribution begins after the participant's death, the entire amount payable to the participant must be paid during a period of no more than five years, unless the distribution commences within one year and the participant's spouse is the named beneficiary, then during the life expectancy of the surviving spouse.

Source: SL 2025, ch 27, § 107.
S.D. Codified Laws § 3-13-49 — SD Code / Title 3 / Chapter 13 / Section 3-13-49
State deferred compensation plan--Agreements in writing--Administrative charge--Amounts deferred remitted to state deferred compensation fund
Status: in_force

The board may establish the South Dakota deferred compensation plan for state government and political subdivision governments as determined by the board. Any eligible person wishing to participate shall execute such agreements as the board may require and shall specify in writing the amount of compensation to be deferred. Such agreement shall authorize reduction of compensation by the amount specified plus an administrative charge set by the board. The employer of each participating employee shall remit all amounts so deferred to the South Dakota deferred compensation fund, along with such documentation as may be required, no later than ten days after each payday. No deferral of compensation under this chapter may reduce compensation for the purpose of calculation of contributions and benefits under chapters 3-6E and 3-12C .

Source: SL 1987, ch 38, § 1.
S.D. Codified Laws § 3-13-84 — SD Code / Title 3 / Chapter 13 / Section 3-13-84
Distributions deemed reasonable and made in good faith under federal law
Status: in_force

Any distribution under §§ 3-13-79 and 3-13-80 is deemed to be reasonable and made in good faith under § 401(a)(9) of the Internal Revenue Code.

Source: SL 2025, ch 27, § 111.
S.D. Codified Laws § 3-1-2 — SD Code / Title 3 / Chapter 1 / Section 3-1-2
Time of commencement of term of office
Status: in_force

Except as otherwise expressly provided, all state, district, and county officers shall qualify and enter upon the duties of their office on the first Monday of January succeeding their election or within twenty days thereafter. However, a state officer may qualify and enter upon the duties of office on the Saturday immediately preceding the second Tuesday of January that succeeds the state officer's election.

Source: CL 1887, § 1380; SL 1897, ch 109, § 1; RPolC 1903, § 1797; RC 1919, § 7033; SDC 1939, § 48.0312; SL 2018 (SS), ch 1, § 1, eff. Dec. 12, 2018.
S.D. Codified Laws § 3-12C-1602 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1602
Intent to provide increased benefits to previously retired members of systems
Status: in_force

It is the intent of the Legislature of the State of South Dakota to provide increased benefits for the already retired members of the retirement systems consolidated into the South Dakota Retirement System created by this chapter and to provide the financial resources necessary to adequately pay for the increased benefits.

Source: SL 1974, ch 35, § 77; SL 2017, ch 27, § 23; SDCL § 3-12-123 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-9-19 — SD Code / Title 3 / Chapter 9 / Section 3-9-19
Bank cards for employees--Annual fees--Rules
Status: in_force

Any budget unit of the state may recommend that an employee be issued a bank card. If the employee is issued a bank card by an issuing authority, the budget unit recommending the issuance shall be responsible for any annual fee for the bank card. No bank card may be issued unless the issuing authority has contracted with the state to minimize any state liability for nonpayment of charges on such bank cards. The Bureau of Finance and Management shall promulgate rules, pursuant to chapter 1-26 , for recommendation for issuance, use and termination of bank cards.

Source: SL 1990, ch 33.
S.D. Codified Laws § 3-12C-1202 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1202
Limitations on final average compensation for generational members
Status: in_force

For purposes of this section, the term, compensation year, means each separate, mutually exclusive period of four consecutive calendar quarters considered in the computation of final average compensation. The earliest compensation year is the earliest four consecutive calendar quarters considered in the computation of final average compensation and each subsequent compensation year is the subsequent period of four consecutive calendar quarters beginning after the earliest compensation year and continuing with each compensation year thereafter.

For any generational member, compensation is limited as follows:

(1) Compensation in the earliest compensation year is limited to one hundred five percent of the highest compensation received for any prior four-consecutive-calendar-quarter period 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;

(2) Compensation for each subsequent compensation year is limited to one hundred five percent of the highest compensation considered for any prior compensation year, but the amount may not be less than the limit applied in subdivision (1).

Compensation in excess of the limited amount may not be included in the computation of final average compensation but is payable pursuant to section § 3-12C-713 .

If the earliest compensation year includes one or more quarters from the earliest four consecutive calendar quarters in the member's last forty quarters of membership in the system, that compensation year may not be limited.

Compensation in the last calendar quarter considered in the computation of final average compensation is limited to one hundred five percent of the highest compensation considered for any prior calendar quarter during the member's last forty calendar quarters of membership in the system.

Source: SL 2017, ch 29, § 6; SDCL § 3-12-502.1 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-24-4 — SD Code / Title 3 / Chapter 24 / Section 3-24-4
Information, reports, and complaints to board--Confidentiality of records
Status: in_force

Any person acting in good faith may:

(1) Furnish information to the board relating to suspected, anticipated, or completed violations of a corrupt act relating to any subdivision in § 3-24-3 ;

(2) File a report with the board; or

(3) File a complaint with the board alleging a violation of any subdivision of § 3-24-3 .

The information, reports, or complaints and the investigative records and files of the board are confidential and not a public record according to chapter 1-27 until the board votes in favor of conducting a contested case hearing.

Source: SL 2017, ch 32, § 4.
S.D. Codified Laws § 3-13-56.4 — SD Code / Title 3 / Chapter 13 / Section 3-13-56.4
Minimum deferral
Status: in_force

A participant may not defer less than twenty-five dollars per month.

Source: SL 2025, ch 27, § 80.
S.D. Codified Laws § 3-13C-13.4 — SD Code / Title 3 / Chapter 13C / Section 3-13C-13.4
Required minimum distributions--Reasonable and made in good faith
Status: in_force

Notwithstanding the other provisions of §§ 3-13C-13 to 3-13C-13 .3, inclusive, or the provisions of United States 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, § 24.
S.D. Codified Laws § 3-12C-1702 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1702
Calculation of benefits for sheriffs and deputies--Prior elective rights preserved
Status: in_force

For purposes of determining the benefits of a county sheriff or a deputy county sheriff for credited service earned prior to January 1, 1980, the benefits are calculated pursuant to § 3-12C-1106 . For credited service after January 1, 1980, the benefits are calculated pursuant to § 3-12C-1107 . Nothing in this chapter may be construed as an abridgement of the right of a sheriff to exercise the right to elect to participate pursuant to § 3-12C-303 .

Source: SL 1979, ch 26, §§ 2, 3; SDCL § 3-12-92.2; SL 2019, ch 22, § 1; SL 2025, ch 27, § 69.
S.D. Codified Laws § 3-17-2 — SD Code / Title 3 / Chapter 17 / Section 3-17-2
Removal of appointive state officers by Governor without cause
Status: in_force

All state officers not liable to impeachment and not subject to removal by the Governor, in accordance with the provisions of § 3-17-1 , and appointed by the Governor with or without the advice and consent of the Senate, shall be subject to removal by the Governor without assigning cause therefor.

Source: SL 1901, ch 192, § 2; RPolC 1903, § 1805; RC 1919, § 7010; SDC 1939, § 48.0202.
S.D. Codified Laws § 3-12C-818 — SD Code / Title 3 / Chapter 12C / Section 3-12C-818
Calculation of disability benefits--Foundation members
Status: in_force

The disability benefit approved pursuant to § 3-12C-817 is the greater of the following calculations:

(1) Twenty-five percent of the foundation member's final average compensation at the date of disability; or

(2) The foundation member's unreduced accrued retirement benefit at the date of disability.

The disability benefit must be paid in monthly installments for the life of the foundation member unless the benefit terminates pursuant to § 3-12C-822 .

For purposes of determining the eligibility of a surviving spouse benefit and administering a qualified domestic relations order, the disability benefit of a foundation member is considered a retirement benefit when the member attains normal retirement age.

Source: SL 2014, ch 20, § 7; SL 2015, ch 26, § 2; SL 2016, ch 32, § 49; SDCL § 3-12-207; SL 2019, ch 22, § 1; SL 2022, ch 15, § 3.
S.D. Codified Laws § 3-9-5.1 — SD Code / Title 3 / Chapter 9 / Section 3-9-5.1
Authorization of out-of-state travel--Department of Legislative Audit and Legislative Research Council
Status: in_force

Officers and employees of the Department of Legislative Audit and the Legislative Research Council may incur traveling and personal expenditures outside the boundaries of this state by and with the written consent of the chair of the Executive Board of the Legislative Research Council.

Source: SDC 1939, § 48.0604 (2) as enacted by SL 1968, ch 194; SL 2025, ch 19, § 12.
S.D. Codified Laws § 3-12C-602 — SD Code / Title 3 / Chapter 12C / Section 3-12C-602
Withdrawal of accumulated contributions on leaving covered employment--Spouse signature required--Effect--Limitation
Status: in_force

A member who has left covered employment may withdraw the sum of the member's accumulated contributions upon application to the executive director, on a form approved by the system. If the member is married, the member's spouse must sign the form.

A member who withdraws the member's accumulated contributions pursuant to this section forfeits all credited service and benefits provided in this chapter.

The right to withdraw accumulated contributions ceases if the member returns to covered employment with a participating unit.

Source: SL 1967, ch 303, § 8; SDCL § 3-12-30; SL 1968, ch 216, § 1; SL 1974, ch 35, § 34; SL 1977, ch 28, § 6; SL 1995, ch 24, § 13; SL 1998, ch 15, § 6; SL 2018, ch 33, § 9; SDCL § 3-12-76; SL 2019, ch 22, § 1; SL 2019, ch 23, § 4; SL 2021, ch 27, § 2; SL 2026, ch 24, § 1.
S.D. Codified Laws § 3-12C-215 — SD Code / Title 3 / Chapter 12C / Section 3-12C-215
Member information confidential--Permitted disclosure
Status: in_force

Member information is confidential. Member information may be disclosed only in the following circumstances:

(1) To the member or with the member’s consent;

(2) For the purpose of, and only to the extent necessary for, the administration of this chapter and chapters 3-13 and 3-13A ; or

(3) In a judicial or administrative proceeding, to the extent required by a proper judicial or administrative order.

Source: SL 2002, ch 22, § 5; SDCL § 3-12-58.1; SL 2019, ch 22, § 1; SL 2020, ch 12, § 3; SL 2025, ch 29, § 2.
S.D. Codified Laws § 3-13A-2 — SD Code / Title 3 / Chapter 13A / Section 3-13A-2
Definitions
Status: in_force

The definitions contained in chapter 3-12C , apply to this chapter, unless otherwise specified. Terms used in this chapter mean:

(1) "Account," the record for each participant reflecting the amount of the participant's special pay transmitted to the fund, allocated investment gains and losses thereon, and administrative charges against those amounts;

(2) "Accounting date," the date on which an investment is valued and the total investment return is allocated to a participant's account;

(3) "Direct rollover," a payment by the program to an eligible retirement plan specified by the plan participant;

(4) "Eligible retirement plan," one of the following plans that accepts a participant's or a participant's surviving spouse's rollover distribution:

(a) An individual retirement account described in § 408(a) of the Internal Revenue Code;

(b) An individual retirement annuity described in § 408(b) of the Internal Revenue Code;

(c) A Roth individual retirement plan described in § 408A of the Internal Revenue Code;

(d) An annuity plan described in § 403(a) of the Internal Revenue Code;

(e) A qualified plan described in § 401 of the Internal Revenue Code; or

(f) An individual retirement plan or individual retirement annuity in the case of an eligible rollover distribution to a beneficiary who is not a participant's surviving spouse;

(5) "Eligible rollover distribution," any distribution of all or any portion of the balance to the credit of the participant. An eligible rollover distribution does not include:

(a) Any distribution that is one of a series of substantially equal periodic payments, not less frequently than annually, made for the life or life expectancy of the participant or the joint lives or joint life expectancies of the participant and the participant's designated beneficiary, or for a specified period of ten years or more;

(b) Any distribution to the extent the distribution is required under § 401(a)(9) of the Internal Revenue Code; or

(c) Any other distribution that is reasonably expected to total less than two hundred dollars during a single plan year;

(6) "Fund," the South Dakota special pay fund established pursuant to § 3-13A-3 ;

(7) "Normal retirement date," the date a participant may retire, pursuant to the provisions of chapter 3-12C , without reduced benefits;

(8) "Participant," a terminated employee of a participating unit who has reached the calendar month before the month of the employee's fifty-fifth birthday and who received six hundred dollars or more in special pay;

(9) "Participating unit," the State of South Dakota, the South Dakota Board of Regents, or any other political subdivision of the state that participates in the program;

(10) "Plan year," a calendar year ending on December thirty-first;

(11) "Program," the South Dakota special pay retirement program, created pursuant to § 3-13A-1 ;

(12) "Special pay," compensation other than regular salary or wages granted to a participant and transferred in a lump sum to the fund at the termination of the participant's employment;

(13) "Third-party administrator," a person who, pursuant to contract, handles administration of the program on behalf of the board and the executive director; and

(14) "Vendor," a person selected by the state investment officer to provide investment or insurance products to the program.

Source: SL 2004, ch 43, § 2; SDCL § 3-12-166; SL 2005, ch 28, § 1; SL 2006, ch 22, § 1; SL 2008, ch 20, § 18; SL 2013, ch 20, § 19; SL 2013, ch 22, §§ 1, 2; SL 2016, ch 31, § 54; SL 2025, ch 27, § 134.
S.D. Codified Laws § 3-12C-1637 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1637
Calculation of Huron firefighter benefits
Status: in_force

Upon retirement, each member described in § 3-12C-1635 who is an active firefighter in the employ of the city of Huron on July 1, 1998, shall receive the greater of:

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

(2) The member's retirement benefit calculated under the city of Huron firemen pension fund based on credited service up to June 30, 1998, and compensation up to June 30, 1998, and utilizing the fund's benefit terms and benefit formula.

In either case, such retirement benefit shall be increased in accordance with the provisions of § 3-12C-703 , shall be paid from the fund established by this chapter and shall be funded pursuant to §§ 3-12C-1638 and 3-12C-401 . Any benefit granted pursuant to subdivision (2) may not include a benefit pursuant to § 3-12C-1114 .

Source: SL 1998, ch 22, § 3; SL 2017, ch 27, § 31; SDCL § 3-12-161 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-12C-1625 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1625
Watertown firefighters pension fund members--Credited service
Status: in_force

On July 1, 1995, all members of the city of Watertown firemen pension fund as of June 30, 1995, including all retirees and benefit recipients, shall become members of the system. Each individual shall receive credited service under the system for all service earned under the city of Watertown firemen pension fund.

Source: SL 1995, ch 19, § 1; SDCL § 3-12-62.10 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-2-3 — SD Code / Title 3 / Chapter 2 / Section 3-2-3
Oath required of deputies and assistants
Status: in_force

Each deputy or assistant shall take and subscribe the same oath as his or her principal, naming the deputyship. The oath shall be endorsed upon and filed with the deputy's or assistant's certificate of appointment.

Source: PolC 1877, ch 6, § 3; CL 1887, § 1399; RPolC 1903, § 1818; RC 1919, § 7046; SDC 1939, § 48.0402; SL 2010, ch 19, § 6.
S.D. Codified Laws § 3-19-2 — SD Code / Title 3 / Chapter 19 / Section 3-19-2
Maximum payment or indemnity--Different maximum established by governing body--Excess claim to Legislature
Status: in_force

In no event may the total amount of payment or indemnity for any one officer or employee exceed the sum of twenty-five thousand dollars. However, any political subdivision may establish a different maximum amount of payment or indemnity by a resolution approved by its governing body. Indemnity in excess of twenty-five thousand dollars or the maximum amount of the payment or indemnity approved by a resolution adopted by a political subdivision's governing body, whichever is greater, may be presented as a claim to the Legislature.

Source: SL 1969, ch 232; SL 1974, ch 34; SL 1977, ch 34; SL 1985, ch 30; SL 2005, ch 29, § 1.
S.D. Codified Laws § 3-12C-711.1 — SD Code / Title 3 / Chapter 12C / Section 3-12C-711.1
Maximum annual benefit--Applicability of limits
Status: in_force

If a member has been credited with less than ten years of credited service, the maximum annual retirement benefit must be reduced by multiplying the maximum annual pension by a fraction, the numerator of which is the number of the member's years of credited service and the denominator of which is ten.

The limits as provided by § 415 of the Internal Revenue Code apply to a straight life annuity with no ancillary benefits and to an annuity that constitutes a qualified joint and survivor annuity, provided payment begins between ages sixty-two and sixty-five. The limits do not apply to any portion of a benefit resulting from required member contributions made on an after-tax basis.

If payment begins before age sixty-two, the limits are reduced so they are actuarially equivalent to a benefit beginning at age sixty-two.

For a police officer or firefighter who is a member of the system, the limit may not be reduced for retirement before age sixty-two, regardless of retirement age, provided that the member has completed at least fifteen years of credited service.

If a member's benefit is limited by the maximum annual retirement benefit, the member may be eligible for a benefit as determined by § 3-12C-1805 . The interest assumption for purposes of determining actuarial equivalency under this section is five percent annually. The mortality assumption is the applicable mortality table under § 417(e)(3) of the Internal Revenue Code.

Source: SL 2025, ch 27, § 43.
S.D. Codified Laws § 3-13-61 — SD Code / Title 3 / Chapter 13 / Section 3-13-61
Required minimum distributions--Reasonable and made in good faith
Status: in_force

Notwithstanding the provisions of §§ 3-13-58 to 3-13-60 , inclusive, or the provisions of United States 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, § 10.
S.D. Codified Laws § 3-1-5 — SD Code / Title 3 / Chapter 1 / Section 3-1-5
Oath of office for civil officers--Bond
Status: in_force

Every person elected or appointed to any civil office shall, before entering upon the duties thereof, qualify by taking an oath or affirmation to support the Constitution of the United States and of this state, and faithfully to discharge the duties of his office, naming it; and by giving a bond, when one is required, conditioned that he will faithfully and impartially discharge the duties of his office, naming it, and render a true account of all money, credits, accounts, and public personal property requiring inventory, as defined in rules issued by the commissioner of human resources and administration, that shall come into his hands as such officer, and pay over and deliver the same according to law.

Source: PolC 1877, ch 5, §§ 2 to 4; CL 1887, § 1371; RPolC 1903, §§ 1788, 1789; RC 1919, § 7025; SDC 1939, § 48.0302; SL 1974, ch 55, § 1; SL 1975, ch 32; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 3-11-5 — SD Code / Title 3 / Chapter 11 / Section 3-11-5
State and subdivision employees covered by federal act--Subdivisions later brought in
Status: in_force

The State of South Dakota and all its political subdivisions may come under and within the provisions of Title II of the federal Social Security Act, as amended, and all qualifying employees and officers of the State of South Dakota and its political subdivisions, shall thereupon be insured under the provisions of said act in the same manner as are all other employees under the federal old age and survivors insurance system. Any subdivision, for any reason not covered, may be brought under this act as soon as practical and as permitted by the laws of this state and the United States. The decision of the administrator as to whether or not a political subdivision may be brought under the act shall be final, except as the Legislature may direct otherwise.

Source: SL 1951, ch 100, § 4; SL 1953, ch 83, § 1; SDC Supp 1960, § 17.1203; SL 2006, ch 16, § 2.
S.D. Codified Laws § 3-12C-806 — SD Code / Title 3 / Chapter 12C / Section 3-12C-806
Elimination or addition of disability benefit pertaining to children--Applications before July 1, 2015
Status: in_force

That portion of a disability benefit that is payable on account of children shall be eliminated as each child becomes ineligible. However, the portion of a disability benefit that is payable on account of children shall increase if a disabled member gains an additional child who is eligible. All other provisions in § 3-12C-807 do not apply to members receiving a disability benefit pursuant to this chapter. The provisions of this section apply to any member whose application for disability benefits is received by the system before July 1, 2015.

Source: SL 1994, ch 32, § 4; SL 2011, ch 22, § 1; SL 2014, ch 20, § 26; SL 2016, ch 31, § 22; SDCL § 3-12-99.1 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-12C-1901 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1901
General rule
Status: in_force

The system shall pay all benefits in accordance with a good faith interpretation of the requirements in § 401(a)(9) of the Internal Revenue Code and the regulations in effect under that section, as applicable to a governmental plan within the meaning of section 414(d) of the Internal Revenue Code.

The member's entire interest must be distributed, or begin to be distributed, by the required beginning date, which is April first of the calendar year following the later of:

(1) The calendar year in which the member reaches the applicable age, which is determined as follows:

(a) If the member was born before July 1, 1949, the applicable age is seventy and one-half;

(b) If the member attained age seventy-two before January 1, 2023, the applicable age is seventy-two;

(c) If the member attains age seventy-two after December 31, 2022, the applicable age is seventy-three; or

(d) Effective January 1, 2033, applicable age shall have the meaning set forth in § 401(a)(9)(C)(v) of the Internal Revenue Code; or

(2) The calendar year in which the member retires and separates from service with the member's employer.

A member or beneficiary eligible for benefits must apply for benefits in order to commence distribution of benefits. The system, pursuant to a qualified domestic relations order, may establish separate benefits for a member and alternate payee.

Source: SL 2021, ch 28, § 2; SL 2024, ch 21, § 2.
S.D. Codified Laws § 3-17-6 — SD Code / Title 3 / Chapter 17 / Section 3-17-6
Grounds for removal of local officers from office
Status: in_force

Any officer of any local unit of government may be charged, tried, and removed from office for misconduct, malfeasance, nonfeasance, crimes in office, drunkenness, gross incompetency, corruption, theft, oppression, or gross partiality.

Source: PolC 1877, ch 22, § 3; CL 1887, § 1387; RPolC 1903, § 1806; SL 1915, ch 268, § 1; RC 1919, § 7012; SL 1929, ch 214; SDC 1939, § 48.0204; SL 1977, ch 57; SL 1981, ch 177, § 2.
S.D. Codified Laws § 3-12C-1640 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1640
Information required of city of Huron
Status: in_force

For purposes of payment of retirement or other benefits pursuant to § 3-12C-1636 and to calculate the minimum benefit pursuant to § 3-12C-1637 , the city of Huron shall provide the following information:

(1) Each retired firefighter's benefit and form of payment as of June 30, 1998;

(2) Each active or deferred vested firefighter's accrued benefit as of June 30, 1998;

(3) Each active firefighter's final average compensation as of June 30, 1998.

(4) Each active firefighter's credited service as of June 30, 1998;

(5) Each active firefighter's employee contributions, with interest credited thereon as of June 30, 1998; and

(6) The annual rate of salary for a first-class firefighter as of June 30, 1998.

Source: SL 1998, ch 22, § 6; SDCL § 3-12-164 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-12C-502 — SD Code / Title 3 / Chapter 12C / Section 3-12C-502
Credited service defined--Foundation members
Status: in_force

For any foundation member, "credited service" means:

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

(2) Years of noncontributory service, or fractions thereof, credited before July 1, 1974, previously credited under the provisions of the retirement systems consolidated pursuant to § 3-12C-1601 ;

(3) 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;

(4) 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;

(5) 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 ;

(6) Years of service, or fractions thereof, by faculty and administrators employed by the Board of Regents before April 1, 1964, credited pursuant to §§ 3-12C-1611 and 3-12C-1612 ;

(7) Years of noncontributory service, or fractions thereof, earned before July 1, 1967, but not credited under the South Dakota public employee retirement system as it was consolidated pursuant to § 3-12C-1601 , because the individual earned the service prior to attaining the age of thirty. The service must be credited only to an individual who was a contributing member on July 1, 1987. No service may be credited pursuant to this subdivision to any member who has withdrawn the member's accumulated contributions after July 1, 1967; and

(8) 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 that system.

Source: SL 2016, ch 32, § 25; SDCL § 3-12-89.3; SL 2019, ch 22, § 1; SL 2025, ch 27, § 33.
S.D. Codified Laws § 3-5-5.1 — SD Code / Title 3 / Chapter 5 / Section 3-5-5.1
Blanket or individual bonds for state officers and employees
Status: in_force

The Bureau of Human Resources and Administration, with the approval and advice of the attorney general and director of the division of insurance, shall purchase a blanket bond or individual bonds, issued to the state as the insured, covering the honesty and faithful performance of all state employees, officers, members of state boards and commissions, and appointees of the Governor. The terms of bonds authorized under this section may be up to five years. If the bureau purchases a blanket bond pursuant to this section no officer or employee of the state shall be required to furnish an individual bond to qualify for office.

Source: SL 1970, ch 22; SL 1972, ch 17; SL 1988, ch 28; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 3-12C-1104 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1104
Limitations on final average compensation for foundation members whose contributory service concludes after June 30, 2020
Status: in_force

For purposes of this section, the term, compensation year, means each separate, mutually exclusive period of four consecutive calendar quarters considered in the computation of final average compensation. The earliest compensation year is the earliest four consecutive calendar quarters considered in the computation of final average compensation, and each subsequent compensation year is the subsequent period of four consecutive calendar quarters beginning after the earliest compensation year and continuing with each compensation year thereafter.

For any foundation member whose contributory service concluded after June 30, 2020, compensation is limited as follows:

(1) Compensation in the earliest compensation year is limited to one hundred five percent of the highest compensation received for any prior four-consecutive-calendar-quarter period 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; and

(2) Compensation for each subsequent compensation year is limited to one hundred five percent of the highest compensation considered for any prior compensation year, but the amount may not be less than the limit applied in subdivision (1).

Compensation in excess of the limited amount may not be included in the computation of final average compensation but is payable pursuant to § 3-12C-713 .

If the earliest compensation year includes one or more quarters from the earliest four consecutive calendar quarters in the member's last forty quarters of membership in the system, that compensation year may not be limited.

Compensation in the last calendar quarter considered in the computation of final average compensation is limited to one hundred five percent of the highest compensation considered for any prior calendar quarter during the member's last forty calendar quarters of membership in the system.

The final average compensation of any foundation member whose contributory service concluded before July 1, 2022, may not be less than the member's final average compensation computed as of June 30, 2017.

Source: SL 2017, ch 29, § 4; SDCL § 3-12-89.10 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-6E-9 — SD Code / Title 3 / Chapter 6E / Section 3-6E-9
Employee contributions to benefits plan--Crediting and disbursement
Status: in_force

The State of South Dakota shall deduct on each payroll of a member for each payroll period the amount of the contribution or premium, including any administrative expense. The state shall make deductions from salaries of plan-eligible employees and shall transmit monthly the amount specified to be deducted to the state treasurer. The state treasurer, after making a record of receipts, shall credit the benefits plan with an amount equal to that remitted by the state. After the credit has been assigned to the benefits plan, the human resources commissioner shall disburse credit in accordance with this chapter and the rules promulgated pursuant to chapter 1-26 by the human resources commissioner.

Source: SL 2012, ch 23, § 71; SL 2019, ch 21, § 53.
S.D. Codified Laws § 3-19-1 — SD Code / Title 3 / Chapter 19 / Section 3-19-1
Payment or indemnity allowable for costs, fees, judgments, or settlements in claims or actions against officers or employees
Status: in_force

If any claim or action is instituted against any governing board or member thereof, or an officer or employee of the State of South Dakota, or any political subdivision of the state, including the board of supervisors or members of an improvement district, arising out of an act or omission occurring within the scope of the employment of such employee, or when exercising official duties or responsibilities as an officer or member of such governing board, the entity may elect to do any one or more of the following things:

(1) Indemnify such officer or employee for the court costs incurred in the defense of such claim or action;

(2) Pay or indemnify such officer or employee the reasonable attorney fees incurred by virtue of such claim or action;

(3) Pay or indemnify such officer or employee for a judgment based upon such claim or action; or

(4) Pay or indemnify such officer or employee for a compromise or settlement of such claim or action.

Source: SL 1969, ch 232; SL 1990, ch 52, § 2.
S.D. Codified Laws § 3-12C-1501 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1501
Supplemental pension benefit created
Status: in_force

There is hereby established the South Dakota Retirement System supplemental pension benefit. The supplemental pension benefit shall be within and integral to the South Dakota Retirement System. It is the intent of the Legislature that the provisions related to the supplemental pension benefit shall be qualified under § 401(a) of the Internal Revenue Code and that the provisions constitute one aspect of a governmental plan as identified under § 414(d) of that code.

Source: SL 2008, ch 24, § 1; SL 2013, ch 20, § 13; SDCL § 3-12-189 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-23-2.1 — SD Code / Title 3 / Chapter 23 / Section 3-23-2.1
Circumstances under which state authority, board, or commission member has interest in contract
Status: in_force

An elected or appointed member of a state authority, board, or commission has an interest in a contract if the member, the member's spouse, or any other person with whom the member lives or commingles assets:

(1) Is employed by a party to the contract; or

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

Source: SL 2017, ch 31, § 4.
S.D. Codified Laws § 3-12C-1502 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1502
Interest rate assumption--Suspension of new supplemental pension contracts--No right to particular price
Status: in_force

On an annual basis, at minimum, the board shall establish an interest rate assumption upon which the provisions of subsequent supplemental pension contracts shall be based. The board shall establish the assumption on the basis of the recommendations of the system's actuary and the state investment officer. The interest rate assumption may not be greater than the actuarial assumed rate of return for the fund, nor may the interest rate assumption be less than the effective rate of interest. Any other provision of law notwithstanding, the board may suspend issuance of new supplemental pension contracts at any time. Any suspension of new supplemental pension contracts shall be prospective in operation and may not affect supplemental pension contracts already in effect.

The administration of the supplemental pension benefit requires that supplemental pension benefit purchase costs vary from one time period to the next. Consequently, participants who accept the option of a supplemental pension benefit have no expectation or fundamental right to any particular supplemental pension benefit purchase price.

Source: SL 2008, ch 24, § 3; SL 2016, ch 31, § 30; SDCL § 3-12-190 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-13-56.2 — SD Code / Title 3 / Chapter 13 / Section 3-13-56.2
Enrollment--Form
Status: in_force

The executive director shall establish a participation agreement form that includes:

(1) The name, address, social security number, and birthdate of the participant and the participant's beneficiary;

(2) The name and address of the participant's employer;

(3) The participant's selection of investment alternatives; and

(4) Any other information necessary for the administration of the plan.

Source: SL 2025, ch 27, § 78.
S.D. Codified Laws § 3-12C-1627 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1627
Payments by Watertown
Status: in_force

The city of Watertown shall pay to the system an amount equal to the present value of all benefits earned by individuals described in § 3-12C-1625 prior to July 1, 1995, and multiplied by the funding ratio set forth in the valuation of the actuarial requirements and financial condition of the system as of June 30, 1994. The amount shall be determined on July 1, 1995, by the system's actuary. Any amount to be paid to the system by the city of Watertown which exceeds the value of the assets of the city of Watertown firemen pension fund, as determined as of the date of transfer, shall be paid pursuant to the provisions of § 3-12C-308 .

Source: SL 1995, ch 19, § 3; SDCL § 3-12-62.12 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-12C-824 — SD Code / Title 3 / Chapter 12C / Section 3-12C-824
Retirement benefit of member who received disability benefits and returned to covered employment
Status: in_force

Upon retirement, a member who received disability benefits and whose benefits were terminated and who returned to covered employment shall receive a retirement benefit based on the member's credited service before receiving disability benefits and after receiving disability benefits. The final average compensation used in the calculation of the retirement benefit is the greater of:

(1) The member's final average compensation at the date of retirement; or

(2) The member's 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, § 12; SL 2017, ch 27, § 33; SDCL § 3-12-212 ; SL 2019, ch 22, §§ 33, 45.
S.D. Codified Laws § 3-12C-1203 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1203
Normal retirement age for generational members
Status: in_force

For any generational member, normal retirement age is sixty-seven for Class A credited service and for Class B credited service as a justice, judge, and magistrate judge and age fifty-seven for other Class B credited service. The Legislature may increase the normal retirement age for some or all then-contributing members if life expectancy at retirement continues to increase, as substantiated by a periodic actuarial experience analysis that takes into account census data of all active members, vested terminated members, and retired members as well as beneficiaries of the system.

Source: SL 2016, ch 32, § 5; SDCL § 3-12-504 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-5-2 — SD Code / Title 3 / Chapter 5 / Section 3-5-2
Bonds of county officers--Approval and filing
Status: in_force

The bonds of all county officers shall be approved by the board of county commissioners, except bonds of the county commissioners, which shall be approved by the auditor, and shall, together with the oaths of office be filed in the office of the county auditor.

Source: CL 1887, § 1373; SL 1895, ch 147, § 1; RPolC 1903, § 1790; SL 1913, ch 283; RC 1919, § 7026; SL 1919, ch 285; SDC 1939, § 48.0303; SL 1955, ch 222, § 1; SL 1974, ch 55, § 4.
S.D. Codified Laws § 3-12C-228 — SD Code / Title 3 / Chapter 12C / Section 3-12C-228
Funding of system--Review--Report--Corrective action
Status: in_force

The board shall review the funding of the system and shall make a report to the Governor and the Retirement Laws Committee if the funding of the system does not meet both of the following conditions:

(1) The fair value funded ratio is greater than or equal to one hundred percent; and

(2) The contribution rate meets or exceeds the minimum actuarial requirement to support benefits.

The report shall include recommendations for the circumstances and timing for any corrective action, including benefit changes, to improve the conditions in subdivisions (1) and (2). For Class D members, corrective action is limited to reducing or eliminating the cost of living adjustment. Based on this report and the recommendations of the board, the Legislature may adopt corrective action to improve the conditions in subdivisions (1) and (2).

Eligibility for benefits, the amount of any benefit, and the rate of member contributions established in this chapter are not the contractual rights of any member and are subject to change by the Legislature for purposes of corrective action to improve the conditions in subdivisions (1) and (2).

Source: SL 1974, ch 35, § 75; SL 1986, ch 37, § 12; SL 2004, ch 42, § 1; SL 2008, ch 20, § 15; SL 2013, ch 21, § 1; SL 2016, ch 31, § 26; SL 2017, ch 27, § 2; SL 2018, ch 33, § 14; SDCL § 3-12-122; SL 2019, ch 22, § 1; SL 2020, ch 13, § 4.
S.D. Codified Laws § 3-12C-110 — SD Code / Title 3 / Chapter 12C / Section 3-12C-110
Spouse defined
Status: in_force

For purposes of this chapter, "spouse" means an individual who was married to the member at the time of the death of the member and whose marriage was both before the member's retirement and more than twelve months before the death of the member.

Source: SL 2019, ch 22, § 6; SL 2025, ch 27, § 10.
S.D. Codified Laws § 3-12C-1644 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1644
Class C members to receive benefits as provided under cement plant retirement plan
Status: in_force

Each Class C member shall receive the same benefit as provided pursuant to the member's respective cement plant retirement plan as in effect on June 30, 2013. The benefits of any Class C member and the member's beneficiaries shall be paid from the fund established by this chapter and funded pursuant to SL 2014, ch 21, § 1 and § 3-12C-1642 .

Source: SL 2014, ch 21, § 4, eff. Apr. 1, 2014; SDCL § 3-12-219 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-13-55 — SD Code / Title 3 / Chapter 13 / Section 3-13-55
Definition of terms
Status: in_force

The definitions contained in chapter 3-12C apply to this chapter unless the context clearly otherwise requires. Terms used in this chapter mean:

(1) "Account," the record for each participant reflecting the amount of the participant's deferrals, allocated investment gains and losses, and administrative charges against those amounts;

(2) "Accounting date," the date on which an investment is valued and the total investment return is allocated to a participant's account;

(3) "Accumulated deferred compensation," compensation deferred by a participant in the plan, plus any investment return thereon;

(4) "Automatic enrollee," an individual who becomes an employee of an automatic enrollment unit;

(5) “Automatic enrollment unit," any unit of state or local government that participates in the system and whose leadership chooses to provide automatic enrollment to the unit's employees;

(6) "Compensation," total cash remuneration paid to an employee by a participating employer for personal services rendered to the participating employer;

(7) "Deferred compensation" or "deferrals," the portion of a participant's compensation deferred pursuant to this plan, including, pre-tax contributions, designated Roth contributions, or both;

(8) "Dependent," a participant's qualifying child or a participant's qualifying relative, as defined in § 152 of the Internal Revenue Code;

(9) "Designated Roth contributions," a participant's deferred compensation that is includable in the participant's gross income at the time deferred and has been irrevocably designated as Roth contributions by the participant in accordance with federal law;

(10) "Employee," an individual providing services to this state or a political subdivision of this state, for which compensation is paid by a participating employer, including:

(a) A member of the Legislature;

(b) A member of a board or commission of this state or a political subdivision of this state;

(c) An individual employed by an agency, board, or commission of this state or a political subdivision of this state; and

(d) An individual furnishing services to this state or a political subdivision of this state pursuant to a contract as an independent contractor;

(11) "Includible compensation," the compensation remaining after subtracting any pre-tax contributions under the plan;

(12) "Normal retirement date," the date a participant is eligible to retire, pursuant to chapter 3-12C , without reduced benefits;

(13) "Participant," an employee of a participating employer who elects to participate in the plan;

(14) "Participation agreement," the written agreement between an employer and an employee under which compensation is deferred pursuant to this plan;

(15) "Plan," the South Dakota deferred compensation plan as provided for in this chapter;

(16) "Pre-tax contribution," a participant's deferred compensation, which is not includable in the participant's gross income at the time deferred;

(17) "Plan year," a calendar year ending on December thirty-first;

(18) "Severance from employment," the complete severance of a participant's employment relationship with a participating employer, as set forth in § 457(d)(1)(A) of the Internal Revenue Code;

(19) "Third-party administrator," a person who, pursuant to contract, handles administration of the plan on behalf of the board and the executive director;

(20) "Unforeseeable emergency," a severe financial hardship to a participant resulting from:

(a) An illness or accident of the participant, a dependent of the participant, or a designated beneficiary of the participant;

(b) The funeral expenses of a dependent of the participant or a designated beneficiary of the participant;

(c) A severe loss of income that is beyond the control of the participant;

(d) The loss of the participant's property due to casualty;

(e) The imminent foreclosure or eviction from a participant's primary residence; or

(f) Any other similar, extraordinary, and unforeseeable circumstance arising as a result of events beyond the control of the participant; and

(21) "Vendor," a person selected by the state investment officer to provide investment or insurance products to the plan.

Source: SL 1987, ch 38, § 7; SL 2012, ch 26, § 14; SL 2025, ch 27, § 76.
S.D. Codified Laws § 3-12C-113 — SD Code / Title 3 / Chapter 12C / Section 3-12C-113
Internal Revenue Code references
Status: in_force

For purposes of this chapter, "Internal Revenue Code" or "code" means the United States Internal Revenue Code (January 1, 2026).

Source: SL 2023, ch 14, § 2; SL 2024, ch 21, § 1; SL 2025, ch 28, § 1; SL 2026, ch 22, § 1.
S.D. Codified Laws § 3-17-3 — SD Code / Title 3 / Chapter 17 / Section 3-17-3
Removal of local law enforcement officers by Governor--Grounds
Status: in_force

The Governor shall have power, after notice and hearing, to remove from office any state's attorney, sheriff, or police officer, or any deputy or assistant state's attorney, or deputy sheriff who shall willfully fail, neglect, or refuse to perform any of the duties imposed upon him by, or to enforce any of the provisions of law relating to intoxicating liquors, or who shall willfully fail, neglect, or refuse to perform any duties imposed upon them by law, or who shall be guilty of intoxication or drunkenness, or who shall be guilty of the violation of any law, or who shall assist or connive in the violation of any law, or who shall be grossly incompetent to perform the duties of his office.

Source: SL 1917, ch 281, § 2; RC 1919, § 7011; SL 1923, ch 248; SDC 1939, § 48.0203.
S.D. Codified Laws § 3-12C-112 — SD Code / Title 3 / Chapter 12C / Section 3-12C-112
Vested defined
Status: in_force

For purposes of this chapter, "vested" means the right to a retirement benefit from the system, as provided for in this chapter, after three years of contributory service or noncontributory service, even if the member leaves the employment of a participating unit, provided the member does not withdraw accumulated contributions.

Source: SL 2019, ch 22, § 8; SL 2025, ch 27, § 12.
S.D. Codified Laws § 3-12C-217 — SD Code / Title 3 / Chapter 12C / Section 3-12C-217
Domestic relations orders--Determination as to whether qualified--Restrictions on provisions
Status: in_force

For purposes of § 3-12C-216 , the system shall determine if a domestic relations order is a qualified domestic relations order. Upon receipt of a domestic relations order, the system shall promptly issue a written notice of receipt to the member and any alternate payee. Within a reasonable period of time, the system shall issue a determination indicating if the domestic relations order qualifies as a plan-approved domestic relations order in accordance with § 414(p) of the Internal Revenue Code.

No order may require the payment of benefits to an alternate payee before the retirement of a member or the withdrawal of a member's accumulated contributions for a distribution to an alternate payee. In addition, no order may require the payment of monthly benefits to an alternate payee after the death of the member.

No order approved after July 1, 2018, may require the payment of benefits to the alternate payee's estate after the death of the alternate payee. The amount paid in monthly benefits to the alternate payee shall be paid to the member after the death of the alternate payee.

Source: SL 2018, ch 33, § 11; SDCL § 3-12-115.1 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-8-3 — SD Code / Title 3 / Chapter 8 / Section 3-8-3
Salaried state officer retaining money received as theft
Status: in_force

Any officer receiving a salary from the state who shall keep or retain any money, emolument, fee, or perquisite, paid to or received by him for the performance of any duty or duties connected with his office, or in any manner paid to him as such officer or by reason of his holding such office is guilty of theft. It is the intent and meaning of this section that no officer receiving a salary from the state shall keep or retain any money, emolument, fee, or perquisite paid to him by reason of his holding such office, other than the annual salary payable to such officer as provided by the Constitution.

Source: SL 1901, ch 127, § 1; RPolC 1903, § 314; RC 1919, § 6965; SDC 1939, § 55.2304; SL 1980, ch 24, § 41.
S.D. Codified Laws § 3-12C-1207 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1207
Early retirement benefits for generational members
Status: in_force

Any vested generational member may elect to start the retirement benefit in the ten years preceding the member's normal retirement age. However, no retirement benefit may be paid unless the member submits a completed retirement application to the system that includes the benefit option elected by the member. The normal retirement benefit shall be reduced by five percent for each full year and prorated for each additional full month between the date the early retirement benefit commences and the date the member attains normal retirement age.

Source: SL 2016, ch 32, § 15; SDCL § 3-12-513 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-23-1.1 — SD Code / Title 3 / Chapter 23 / Section 3-23-1.1
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Board member," an elected or appointed member of the governing board;

(2) "Cooperative education service unit," a legal entity created pursuant to §§ 13-5-31 to 13-5-33 , inclusive, including subcontractors, agents or assigns of the cooperative education service unit;

(3) "Disgorgement," the act of giving up on demand or by legal compulsion something that was obtained by illegal or unethical acts; and

(4) "School district," a school district as defined in § 13-5-1 .

Source: SL 2017, ch 31, § 1; SL 2021, ch 73, § 22.
S.D. Codified Laws § 3-18-15.2 — SD Code / Title 3 / Chapter 18 / Section 3-18-15.2
Appeal to department--Investigation, hearing, and order by department--Summary disposition of certain claims--Public employees of Board of Regents
Status: in_force

If, after following the grievance procedure enacted by the governing body, the grievance remains unresolved, except in cases provided in § 3-6D-15 , the grievance may be appealed to the Department of Labor and Regulation by filing an appeal with the department within thirty days after the final decision by the governing body is mailed or delivered to the employee. The department shall conduct an investigation and hearing and shall issue an order covering the points raised, which order is binding on the employee and the governmental agency. However, the department, upon the motion of any party, may dispose of any grievance, defense, or claim:

(1) If the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and a party is entitled to a judgment as a matter of law; or

(2) At the close of the evidence offered by the proponent of the grievance, defense, or claim if the department determines that the evidence offered by the proponent of the grievance, defense, or claim is legally insufficient to sustain the grievance, defense, or claim.

Nothing in this section gives the department power to grant any contract of employment to a public employee employed by the Board of Regents.

Source: SL 1970, ch 27, § 1; SL 1976, ch 33, § 5; SL 1983, ch 25; SL 1985, ch 29; SL 2002, ch 16, § 3; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011; SL 2018, ch 12, § 5; SL 2020, ch 63, § 3.
S.D. Codified Laws § 3-12C-810 — SD Code / Title 3 / Chapter 12C / Section 3-12C-810
Maximum amount of disability benefit--Reporting earned income--Applications before July 1, 2015
Status: in_force

For the first thirty-six months of a disability benefit provided by § 3-12C-805 , the maximum amount a member may receive in any calendar year from the disability benefit and earned income, as defined in § 32(c)(2) of the Internal Revenue Code, is one hundred percent of the member's final average compensation. Starting with the thirty-seventh month of the disability benefit, the maximum amount that a member may receive in any calendar year from disability benefits provided by the federal Social Security Act equal to the primary insurance amount, the disability benefit provided by this chapter and earned income, as defined in § 32(c)(2) of the Internal Revenue Code, is one hundred percent of the member's final average compensation. The maximum amount shall be indexed for each full fiscal year during which the member is eligible for such disability benefit by the COLA. Any amount exceeding this maximum amount shall reduce each monthly disability benefit payable pursuant to § 3-12C-805 in the following fiscal year on a pro rata basis.

Any member eligible to receive a disability benefit shall report to the system in writing any earned income of the member. The report shall be filed with the system before June first following the end of each calendar year in which a disability benefit is paid. A disabled member may file a signed copy of the member's individual income tax return in lieu of the report. No report or return need be filed for the calendar year the member dies or converts to a normal or early retirement benefit under this chapter. The disability benefit of any member failing to file a report or return as required in this section shall be suspended until the report or return is filed. The reduction may occur, however, only if a disability benefit is being paid by the system, but may not reduce the disability benefit below the minimum provided for in § 3-12C-805 .

This section applies to any member receiving or entitled to receive a disability benefit pursuant to § 3-12C-803 .

Source: SL 1995, ch 23, §§ 4, 5; SL 2004, ch 40, § 4; SL 2012, ch 26, § 13; SL 2013, ch 20, § 12; SL 2014, ch 20, § 33; SL 2016, ch 31, § 29; SL 2017, ch 27, § 27; SDCL § 3-12-143 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-11-9 — SD Code / Title 3 / Chapter 11 / Section 3-11-9
Fee-generating state agencies to pay employer contributions--Report
Status: in_force

Any and all state agencies, regulatory boards, and commissions whose administrative costs are paid by fees derived by activities of such boards, commissions, or agencies, as authorized by state law to carry on such activities, shall at a time and manner as the administrator may require report to the administrator the wages paid their employees and shall remit to the administrator a sum of money which equals the contributions due with such report.

Source: SL 1959, ch 305; SDC Supp 1960, § 17.1216; SL 1980, ch 30, § 5; SL 2006, ch 16, § 2.
S.D. Codified Laws § 3-18-3 — SD Code / Title 3 / Chapter 18 / Section 3-18-3
Exclusive representation by designated representatives--Right to adjust grievances preserved
Status: in_force

Representatives designated or selected for the purpose of formal representation by the majority of the employees in a unit appropriate for such purposes shall be the exclusive representatives of all employees in such unit for the purpose of representation in respect to rates of pay, wages, hours of employment, or other conditions of employment; provided that salary increases for Board of Regents' faculty and exempt staff may only be distributed to address institutional priorities, program needs, performance meeting or exceeding expectations, or internal or external market considerations. Notwithstanding any other provision of this section, any individual employee, or a group of employees, shall have the right at any time to present grievances to their employer and to have such grievances adjusted without the intervention of the formal representative as long as the adjustment is not inconsistent with the terms of any settlement with the formal representative then in effect; provided that the formal representative has been given opportunity to be present at such adjustment.

Source: SL 1969, ch 88, § 7, subdiv 3; SL 1970, ch 26, § 2; SL 1971, ch 20, § 1; SL 1999, ch 17, § 1.
S.D. Codified Laws § 3-17-21 — SD Code / Title 3 / Chapter 17 / Section 3-17-21
Leave of absence status of suspended person
Status: in_force

Any officer who is suspended from employment in accordance with the provisions of § 3-17-20 shall assume leave of absence status and shall receive the same salary and employment benefits to which the officer would otherwise be entitled to be paid by the county. Except as otherwise provided in §§ 3-17-20 to 3-17-22 , inclusive, an officer who is suspended pursuant to § 3-17-20 has the same rights, benefits, and obligations as any county employee who is on a leave of absence status for any other purpose. Notwithstanding any other provision of law, an officer shall receive credit for the period of suspension toward any retirement benefit afforded by the county, if the officer is reinstated pursuant to § 3-17-20 .

Source: SL 2007, ch 22, § 2.
S.D. Codified Laws § 3-12C-1603 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1603
Increase in benefits for previously retired members of systems
Status: in_force

Any retired members of the Supreme and Circuit Court Judicial Retirement System, District County Court and Municipal Court Judges Retirement Program, South Dakota Teachers Retirement System, South Dakota Municipal Retirement System, South Dakota Law Enforcement Retirement System, South Dakota Public Employees Retirement System and State Cement Plant Retirement Program as of June 30, 1974, who were receiving or eligible to receive a retirement benefit shall be entitled to an increased monthly benefit commencing with the payment due on or after July 1, 1974, equal to the greater of:

(1) One hundred ten percent of the benefit the member was entitled to on June 30, 1974, under the retirement system from which the member retired; or

(2) Ten dollars times the years of credited contributory service or fraction thereof, under the retirement system from which the member retired, to a maximum of one hundred dollars.

The time, manner, and form of payment of the retirement benefit are not modified by the change in benefits provided by this section.

Source: SL 1974, ch 35, §§ 78, 79; SL 2017, ch 27, § 24; SDCL § 3-12-124 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-12C-1810 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1810
Income
Status: in_force

Any assets held by the qualified benefit preservation arrangement to assist in meeting the employer's obligations under the qualified benefit preservation arrangement, including all employer contributions made under the qualified benefit preservation arrangement, all property and rights acquired or purchased with these amounts, and all income attributable to these amounts must be held separate and apart from other funds of the employer and used exclusively for the uses and purposes of participants and general creditors, as set forth in this part. Participants have no preferred claim on, or any beneficial interest in, any assets of the qualified benefit preservation arrangement fund. Any rights created under this part are unsecured contractual rights of a participant against the employer. Any assets held by the qualified benefit preservation arrangement fund are subject to the claims of the employer's general creditors under federal and state law in the event of the employer's insolvency.

Income accruing to the qualified benefit preservation arrangement fund constitutes income derived from the exercise of an essential governmental function upon which the qualified benefit preservation arrangement fund is exempt from tax under §§ 115 and 415(m)(1) of the Internal Revenue Code.

Source: SL 2020, ch 14, § 10; SL 2025, ch 27, § 75.
S.D. Codified Laws § 3-11-15 — SD Code / Title 3 / Chapter 11 / Section 3-11-15
County auditors to certify school districts annually
Status: in_force

County auditors shall certify to the administrator all school districts subject to the federal old age and survivors insurance system tax as of the first day of September of each year and shall submit such certification to the administrator on or before the fifteenth day of September of the same year.

Source: SDC Supp 1960, § 17.1207 as added by SL 1963, ch 127, § 2; SL 1971, ch 19, § 1; SL 1980, ch 30, § 9; SL 2006, ch 16, § 2.
S.D. Codified Laws § 3-13-105 — SD Code / Title 3 / Chapter 13 / Section 3-13-105
Automatic enrollment--Automatic escalation--Notice--Election to opt out--Automatic enrollee status
Status: in_force

The system shall provide no less than sixty days' notice of each annual automatic escalation, pursuant to § 3-13-101 . An enrollee may elect not to participate in automatic escalation or may elect to defer an additional amount that is less than or greater than ten dollars. The enrollee shall annually provide notice of any election no later than December fifteenth for an enrollee of an automatic enrollment unit that elected a January start or June fifteenth for an enrollee of an automatic enrollment unit that elected a July start. If the enrollee elects not to participate or to defer a lesser amount after the applicable date provided in this section, the system may not refund the automatic escalation amount to the enrollee. If an enrollee elects not to participate in automatic escalation or elects to defer an additional amount that is less than or greater than ten dollars, the status of the automatic enrollee, pursuant to § 3-13-98 , is not affected.

Source: SL 2025, ch 27, § 132.
S.D. Codified Laws § 3-12C-1402 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1402
Reduction of retirement benefit during reemployment before July 1, 2004--Recalculation of additional benefit
Status: in_force

If a retired member whose benefits have been reduced pursuant to § 3-12C-1111 becomes employed as a permanent full-time employee by a participating unit before July 1, 2004, the member's monthly retirement benefit shall be reduced by fifteen percent and the COLA shall be eliminated throughout the period that the member reenters covered employment. If the member remains in such reemployment for at least three years pursuant to the provisions of § 3-12C-1403 and then again retires, the member's additional benefit shall be recalculated to consider only the member's credited service and final compensation earned during reentry.

Source: SL 1970, ch 25, § 13; SDCL Supp, § 3-12-29.3; SL 1974, ch 35, § 65; SL 1982, ch 32, § 8; SL 1986, ch 37, § 10; SL 1997, ch 28, § 2; SL 2004, ch 38, § 3; SL 2017, ch 27, § 20; SDCL § 3-12-111; SL 2019, ch 22, § 1; SL 2021, ch 26, § 4; SL 2022, ch 15, § 9.
S.D. Codified Laws § 3-12C-516 — SD Code / Title 3 / Chapter 12C / Section 3-12C-516
Members receiving differential wage payments
Status: in_force

To the extent required by § 414(u)(12) of the Internal Revenue Code, a member receiving differential wage payments, as defined under § 3401(h)(2) of the Internal Revenue Code, from a member's employer shall be treated as employed by that employer, and the differential wage payment shall be treated as compensation for purposes of calculating final average compensation and applying the limits on annual additions under § 415(c) of the Internal Revenue Code. This provision shall be applied to all similarly situated members in a reasonably equivalent manner.

Source: SL 2016, ch 31, § 17; SDCL § 3-12-86.2; SL 2019, ch 22, § 1; SL 2023, ch 14, § 4.
S.D. Codified Laws § 3-11-13 — SD Code / Title 3 / Chapter 11 / Section 3-11-13
Political subdivisions to pay employer contributions
Status: in_force

Every political subdivision included in the agreement pursuant to the provisions of this chapter shall be liable for the contributions required of an employer under the provisions of section 3111 of the Internal Revenue Code.

Source: SL 1951, ch 100, § 11; SDC Supp 1960, § 17.1210 (1).
S.D. Codified Laws § 3-12C-1406 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1406
Invalid retirement--Repayment of retirement benefit payments
Status: in_force

Except as provided in § 3-12C-1401.1 , if a retired member reenters employment within the three consecutive calendar months that start with the member's effective date of retirement, the member's retirement is deemed invalid. If the member received one or more retirement benefit payments during the invalid retirement, the member shall repay the payments as a lump sum immediately, repay the payments by contractual payments over a period of up to three years, which payments shall include interest at the assumed rate of return, or repay the payments by an actuarial equivalent reduction in eventual monthly benefits.

Source: SL 2010, ch 23, § 1, eff. Apr. 1, 2010; SL 2016, ch 31, § 34; SDCL § 3-12-199 ; SL 2019, ch 22, § 1; SL 2021, ch 29, § 7, eff. Apr. 1, 2021.
S.D. Codified Laws § 3-13-99 — SD Code / Title 3 / Chapter 13 / Section 3-13-99
Automatic enrollment--Nonstate participating employer
Status: in_force

An automatic enrollment unit other than the state may elect to automatically enroll the unit's permanent employees who are not contributing to the deferred compensation plan. The automatic enrollment unit may elect to commence automatic enrollment for the employees on the January or July immediately after the automatic enrollment unit's decision is delivered in writing to the system. The notice of the decision must be received no later than September fifteenth for a January start or March fifteenth for a July start.

Source: SL 2025, ch 27, § 126.
S.D. Codified Laws § 3-1-3 — SD Code / Title 3 / Chapter 1 / Section 3-1-3
Time allowed for qualification after decision of contest or removal of obstruction
Status: in_force

If there is a contest for such office, or if the person elected to such office is prevented or obstructed in any manner from entering upon the duties of such office, the time prescribed in which he shall qualify and enter upon the duties of his office shall not govern, and he shall be allowed twenty days after the day of such decision or the termination of such preventing or obstructing cause in which to qualify.

Source: SL 1874-5, ch 73, § 2; PolC 1877, ch 5, § 11; CL 1887, § 1381; RPolC 1903, § 1798; RC 1919, § 7034; SDC 1939, § 48.0313.
S.D. Codified Laws § 3-12C-1628 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1628
Moneys from Watertown firemen’s fund--Considered member contributions
Status: in_force

Any amount transferred to the system from the city of Watertown firemen pension fund, which under the fund was credited to the accounts of individual employees, is considered a member contribution.

Source: SL 1995, ch 19, § 4; SDCL § 3-12-62.13; SL 2019, ch 22, § 1; SL 2025, ch 27, § 65.
S.D. Codified Laws § 3-6C-19 — SD Code / Title 3 / Chapter 6C / Section 3-6C-19
Freedom of speech of officers and employees--Restrictive rules prohibited
Status: in_force

It is the policy of the State of South Dakota that citizens of this state and of the United States may not be deprived of their freedom of speech guaranteed them by the constitutions of the United States of America and of the State of South Dakota, by reason of the fact that they are state officers and employees. No state agency may pass a rule restricting or prohibiting the constitutionally guaranteed right of its employees and officers to express their opinions.

Source: SL 2012, ch 23, § 30.
S.D. Codified Laws § 3-13-88 — SD Code / Title 3 / Chapter 13 / Section 3-13-88
Trustee-to-trustee transfer--Credited service in governmental defined benefit retirement plan
Status: in_force

For the purpose of acquiring credited service in a qualified governmental defined benefit retirement plan, as identified under § 401(a) and defined in § 414(d) of the Internal Revenue Code, a participant may transfer a portion or all of the participant's account in the plan by trustee-to-trustee transfer to the government defined benefit retirement plan.

Source: SL 2025, ch 27, § 115.
S.D. Codified Laws § 3-12C-1611 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1611
Contributory service credited to Board of Regents employees--Eligibility of nonparticipating employees--Qualification for prior credited service
Status: in_force

Employees of the Board of Regents shall be credited with contributory service for each year such employee participated in the retirement plan in effect between April 1, 1964, and June 30, 1975. Employees of the Board of Regents who did not participate during all the years that they were eligible to participate in the Board of Regents retirement plan in effect from April 1, 1964, to June 30, 1975, are eligible for credited service only if purchase is made pursuant to § 3-12C-504 . Credited service must be obtained for all South Dakota service between April 1, 1964, and June 30, 1975, in order to qualify an employee for credited service prior to April 1, 1964, as granted by § 3-12C-1610 .

Source: SL 1975, ch 38, § 4; SDCL § 3-12-69.4 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-12C-1647 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1647
Promulgation of rules to administer retirement benefits for Class C members
Status: in_force

The board may, pursuant to chapter 1-26 , adopt rules to establish uniform procedures for the administration of the retirement benefits of Class C members.

Source: SL 2014, ch 21, § 7, eff. Apr. 1, 2014; SDCL § 3-12-222 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-13-94 — SD Code / Title 3 / Chapter 13 / Section 3-13-94
Correction of errors--Payroll error
Status: in_force

If, due to a payroll error, a participant's deferral is deposited in an investment alternative other than the one selected by the participant, the third-party administrator may correct the error by transferring the participant's deferral to the proper investment alternative, subject to any limitations that may be imposed by the vendor. No retroactive adjustment may be made.

Source: SL 2025, ch 27, § 121.
S.D. Codified Laws § 3-12C-107 — SD Code / Title 3 / Chapter 12C / Section 3-12C-107
Disability defined
Status: in_force

For purposes of this chapter, "disability" or "disabled" means any medically determinable physical or mental impairment that prevents a member from performing the member's usual duties for the member's employer, even with accommodations, or performing the duties of a comparable level position for the member's employer. The term excludes any condition resulting from a willful, self-inflicted injury.

Source: SL 2019, ch 22, § 5; SL 2025, ch 27, § 7.
S.D. Codified Laws § 3-12C-312 — SD Code / Title 3 / Chapter 12C / Section 3-12C-312
Participating unit liaison
Status: in_force

Each participating unit shall appoint an employee to serve as an authorized agent between the participating unit and the system.

Source: SL 2025, ch 27, § 28.
S.D. Codified Laws § 3-4-5 — SD Code / Title 3 / Chapter 4 / Section 3-4-5
Vacancies occurring immediately prior to election
Status: in_force

If a vacancy occurs within thirty days preceding an election day at which it may be filled, no appointment shall be made unless it be necessary to carry out such election and the canvass of the same according to law; in that case an appointment may be made at any time previous to such election to hold until after such election or until a successor is elected and qualified.

Source: SL 1864-5, ch 12, § 4; PolC 1877, ch 22, § 10; CL 1887, § 1394; RPolC 1903, § 1813; RC 1919, § 7019; SDC 1939, § 48.0105.
S.D. Codified Laws § 3-8-4.3 — SD Code / Title 3 / Chapter 8 / Section 3-8-4.3
Compensation permitted for other state employment during unpaid leave of absence
Status: in_force

Any state employee who takes leave of absence without pay from his or her primary employment with the state may accept payment from the funds of other state institutions, departments, offices, or agencies for services rendered to such other institution, department, office, or agency. Compensation for additional services performed while on leave of absence without pay does not constitute dual compensation within the purview of § 3-8-4 or 3-8-4.1 .

Source: SL 1976, ch 37, § 5; SL 2010, ch 19, § 79.
S.D. Codified Laws § 3-21-2 — SD Code / Title 3 / Chapter 21 / Section 3-21-2
Notice prerequisite to action for damages--Time limit
Status: in_force

No action for the recovery of damages for personal injury, property damage, error, or omission or death caused by a public entity or its employees may be maintained against the public entity or its employees unless written notice of the time, place, and cause of the injury is given to the public entity as provided by this chapter within one hundred eighty days after the injury. Nothing in this chapter tolls or extends any applicable limitation on the time for commencing an action.

Source: SL 1986, ch 4, § 2; SL 2007, ch 23, § 1.
S.D. Codified Laws § 3-17-17 — SD Code / Title 3 / Chapter 17 / Section 3-17-17
Restoration of state's attorney or sheriff to office
Status: in_force

If it is determined during the criminal proceeding that the state's attorney or sheriff so suspended is not guilty of the offense charged, this fact shall be certified to the county auditor by the Governor, whereupon such suspended state's attorney or sheriff shall be restored to office provided the term for which he was elected or appointed has not expired.

Source: SL 1985, ch 28, § 6.
S.D. Codified Laws § 3-6E-2 — SD Code / Title 3 / Chapter 6E / Section 3-6E-2
Self-funded plan
Status: in_force

The human resources commissioner may provide all, or any part of, the benefits under the plan or plans provided pursuant to this chapter by means of a plan which is self-funded in whole or in part.

Source: SL 2012, ch 23, § 64; SL 2019, ch 21, § 46.
S.D. Codified Laws § 3-12C-702 — SD Code / Title 3 / Chapter 12C / Section 3-12C-702
Individual’s birthday for purposes of eligibility
Status: in_force

For purposes of determining eligibility for, and the amount of, any benefit payable pursuant to this chapter, the first day of the month in which an individual's birthday falls is considered the individual's birthday.

Source: SL 2016, ch 32, § 55; SDCL § 3-12-47.9; SL 2019, ch 22, § 1; SL 2025, ch 27, § 40.
S.D. Codified Laws § 3-12C-1621 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1621
Aberdeen firefighters to participate in system
Status: in_force

On July 1, 1994, all members of the municipality of Aberdeen firemen's relief and pension fund on June 30, 1994, including all retirees and benefit recipients, shall become members of the system. Each individual shall receive credited service under the system for all service earned under the municipality of Aberdeen firemen's relief and pension fund.

Source: SL 1994, ch 37, § 1; SDCL § 3-12-133 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-6C-12 — SD Code / Title 3 / Chapter 6C / Section 3-6C-12
Payment for accrued unused sick leave on termination of employment
Status: in_force

A permanent employee, who has been continuously employed in a permanent position for at least seven years prior to the date of the employee's retirement, voluntary resignation, layoff, termination for inability to perform job functions due to physical disability, or death, shall receive payment for one-fourth of the unused sick leave which has accrued as of the employee's final day on payroll. The payment may not exceed the sum of four hundred eighty hours. Payment shall be made in a lump sum with the employee's last payroll warrant. An employee meeting the definition of a participant in subdivision 3-13A-2(7) shall have the lump-sum payment transmitted to the fund pursuant to the provisions of § 3-13A-5 . However, if the employee dies, payment for the accumulated sick leave shall be paid in accordance with §§ 3-8-8 to 3-8-11 , inclusive.

Source: SL 2012, ch 23, § 23; SL 2019, ch 21, § 12.
S.D. Codified Laws § 3-12C-1109 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1109
Adjustments in benefit for certain retirees based on time and circumstances of retirement
Status: in_force

Each member who retired before July 1, 2008, and each beneficiary of a deceased member who retired prior to July 1, 2008, shall receive a retirement benefit based on the provisions of § 3-12C-1106 , 3-12C-1107 , or 3-12C-1108 as applicable based on the member's final average compensation, credited service, and other public benefits at retirement and the benefit formulas in §§ 3-12C-1106 , 3-12C-1107 , and 3-12C-1108 when increased by the COLA from the date of retirement to July 1, 2008.

Increased benefits as provided by any amendment to this section are prospective in nature and are effective July 1, 2008.

Each member or beneficiary of a member who retired before July 1, 1974, who is receiving benefits pursuant to § 3-12C-1605 or each member or beneficiary of a member who elected to retire pursuant to § 3-12C-1606 , shall have a benefit increased by an additional two percent as of July 1, 2008, in lieu of the increase provided in this section.

If a member retired before normal retirement age, the benefit shall be adjusted in accordance with the law in effect at the time of retirement. If a member elected an alternate method of payment under the law in effect at the time of retirement, the benefit shall be adjusted in accordance with the law in effect at the time of retirement. If the additional benefit is to be paid to a beneficiary of a deceased member, the additional benefit shall be adjusted in accordance with the law in effect at the time of the member's retirement.

No member or beneficiary whose retirement benefit terminated before July 1, 2008, may receive any benefits pursuant to this section.

Source: SL 1997, ch 26, § 7; SL 1998, ch 15, § 19; SL 1999, ch 15, § 6; SL 2000, ch 25, § 4; SL 2008, ch 23, § 4; SL 2017, ch 27, § 13; SDCL § 3-12-92.6 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-12C-301 — SD Code / Title 3 / Chapter 12C / Section 3-12C-301
Members of system
Status: in_force

All of the following full-time employees are included as members in the system:

(1) All state employees;

(2) All certified school employees;

(3) All justices, judges, and magistrate judges;

(4) All police officers and firefighters of participating municipalities;

(5) All general employees of participating municipalities;

(6) All employees of participating counties;

(7) All classified employees of school districts that are participating with the school districts' classified employees and all other classified employees;

(8) All employees of the Board of Regents; and

(9) All state law enforcement officers.

Source: SL 1957, ch 142, § 8; SL 1959, ch 84, § 15; SDC Supp 1960, §§ 15.3919 (1), 44.06A08; SL 1961, ch 255, § 17; SL 1963, ch 86, § 1; SL 1965, ch 220, § 13; SL 1967, ch 303, § 4; SDCL §§ 3-12-19, 3-13-12, 9-15-25, 9-15-26, 13-45-21; SL 1968, ch 56, § 1; SL 1968, ch 216, § 1; SDCL Supp, § 3-12-19.2; SL 1974, ch 35, § 19; SL 1975, ch 38, § 8; SL 1976, ch 39, § 7; SL 1981, ch 13, § 1; SL 2012, ch 26, § 8; SDCL § 3-12-62 ; SL 2019, ch 22, § 1; SL 2020, ch 12, § 5; SL 2021, ch 29, § 9, eff. Apr. 1, 2021.
S.D. Codified Laws § 3-13A-16 — SD Code / Title 3 / Chapter 13A / Section 3-13A-16
Payments and benefits under program not assignable or subject to creditors' actions
Status: in_force

Notwithstanding the provisions of § 3-13A-15 , no participant may assign or otherwise alienate any right to any payment or benefit under the program. The right of a participant to any payment or benefit is not subject to the rights of the participant's or any beneficiary's creditors, and is exempt from executions, attachment, prior assignment, or any other judicial relief or order for the benefit of creditors or other third persons, except as required under applicable law, including any qualified domestic relations order as defined in § 414(p) of the Internal Revenue Code, or as is otherwise specifically provided in this chapter.

Source: SL 2004, ch 43, § 15; SDCL § 3-12-179; SL 2005, ch 28, § 1; SL 2008, ch 20, § 20; SL 2013, ch 20, § 20.
S.D. Codified Laws § 3-13-49.1 — SD Code / Title 3 / Chapter 13 / Section 3-13-49.1
Political subdivisions
Status: in_force

Notwithstanding the provisions of § 3-13-49 , any political subdivision may establish a deferred compensation program for its employees. Participation in such program shall be by written agreement between the employees and the governing body of the political subdivision. The agreement shall provide for the deferral of compensation and the investment and administration of such funds.

Source: SL 1989, ch 43.
S.D. Codified Laws § 3-6E-11 — SD Code / Title 3 / Chapter 6E / Section 3-6E-11
Certificate of benefits
Status: in_force

The bureau shall make available upon request, to each member, a certificate setting forth the benefits to which the member and the member's dependents are entitled under this chapter, to whom the benefits are payable, to whom claims shall be submitted, and a summary of the provisions of the plan's benefits as they affect the member and the member's dependents.

Source: SL 2012, ch 23, § 73; SL 2019, ch 21, § 55.
S.D. Codified Laws § 3-17-13 — SD Code / Title 3 / Chapter 17 / Section 3-17-13
Effect of suspension
Status: in_force

A state's attorney or sheriff who is suspended from employment in accordance with the provisions of § 3-17-12 shall assume leave of absence status and shall receive the same salary and employment benefits to which he would otherwise be entitled to be paid by the county he represents. Except as otherwise provided in §§ 3-17-12 to 3-17-19 , inclusive, a state's attorney or sheriff who is suspended pursuant to §§ 3-17-12 to 3-17-19 , inclusive, has the same rights, benefits, and obligations as any county employee who is on a leave of absence status for any other purpose. Notwithstanding any other law, a state's attorney or sheriff shall receive credit for the period of suspension toward any retirement benefit afforded by the county represented if ultimately reinstated pursuant to §§ 3-17-12 to 3-17-19 , inclusive.

Source: SL 1985, ch 28, § 2.
S.D. Codified Laws § 3-12C-1622 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1622
Eligible benefits for Aberdeen firefighters
Status: in_force

Each individual described in § 3-12C-1621 shall receive the same benefit provided by the municipality of Aberdeen firemen's relief and pension fund on June 30, 1994, and the benefit shall be increased on July 1, 1994, and thereafter in accordance with § 3-12C-703 . The benefits of the individuals described in § 3-12C-1621 who are entitled to receive benefits from the municipality of Aberdeen firemen's relief and pension fund as of July 1, 1994, shall be paid from the fund established by this chapter.

Source: SL 1994, ch 37, § 2; SL 2017, ch 27, § 26; SDCL § 3-12-134 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-9-7 — SD Code / Title 3 / Chapter 9 / Section 3-9-7
Expenses for political meetings not reimbursable--Rules for receipt of expenses for attending fairs and other public meetings
Status: in_force

No state officer or employee who attends a political meeting, the state fair, the inaugural, or other public meeting of like character, shall be entitled to be reimbursed from state funds for travel expenses to such meetings unless the officer's or employee's duties necessarily require that he be present at the meeting.

The Board of Finance shall promulgate rules pursuant to chapter 1-26 to specify the eligibility of state officers and employees to attend the meetings referred to in this section, except that no state officer or employee shall be paid travel for attendance at any political meeting.

Source: SL 1913, ch 358; RC 1919, § 5351; SDC 1939, § 55.1303; SL 1976, ch 38, §§ 1, 2.
S.D. Codified Laws § 3-6C-8 — SD Code / Title 3 / Chapter 6C / Section 3-6C-8
Accrual of leave while receiving workers' compensation
Status: in_force

A permanent employee may accrue vacation leave, but not sick leave, while receiving workers' compensation under § 62-4-3 .

Source: SL 2012, ch 23, § 19; SL 2019, ch 21, § 8.
S.D. Codified Laws § 3-8-6.2 — SD Code / Title 3 / Chapter 8 / Section 3-8-6.2
Central payroll system administered by Bureau of Finance and Management--Rules and regulations
Status: in_force

The Bureau of Finance and Management, at the direction and under the control of the Governor, shall develop, maintain, and administer a central payroll system for the efficient compensation payment of officials and employees of the State of South Dakota. The commissioner of the Bureau of Finance and Management may, upon approval of the Governor, issue such rules and regulations as he deems necessary for carrying out of the provisions and intent of this section.

Source: SL 1976, ch 51, § 2; SL 1978, ch 27, § 1.
S.D. Codified Laws § 3-13-53 — SD Code / Title 3 / Chapter 13 / Section 3-13-53
Deferred compensation fund
Status: in_force

The South Dakota deferred compensation fund is hereby established. All compensation deferred pursuant to this chapter shall be deposited in the fund. Expenditures from the fund shall be paid on warrants drawn by the state auditor on vouchers approved by the executive director. All administrative expenses shall be budgeted and expended pursuant to chapters 4-7 , 4-8 , 4-8A , and 4-8B . In accord with § 457(g) of the Internal Revenue Code, all money in the fund and all property and rights held by the fund, at all times until made available to a participant or the participant's beneficiary, shall be held in trust for the exclusive benefit of the participant. All compensation deferred pursuant to this chapter shall be transferred not later than fifteen business days after the end of the month in which the compensation otherwise would have been paid to the participant.

Source: SL 1987, ch 38, § 5; SL 1997, ch 32, § 1; SL 2008, ch 20, § 17; SL 2013, ch 20, § 17; SL 2016, ch 31, § 53.
S.D. Codified Laws § 3-11-18 — SD Code / Title 3 / Chapter 11 / Section 3-11-18
Municipalities to include funds in annual appropriation ordinances--Special appropriation when omitted
Status: reserved

All municipalities of this state and the governing bodies thereof are hereby authorized and directed to provide sufficient funds to comply with the provisions hereof in the annual appropriation ordinance of such municipality, provided that if any municipality shall fail to provide for such funds in any annual appropriation ordinance, then each said municipality and the officers thereof are hereby authorized and directed to provide sufficient funds to comply with the provisions of this chapter by a special appropriation ordinance and may transfer for that purpose any surplus or other funds which will not be needed for other purposes before the next succeeding annual appropriations ordinance.

Source: SL 1951, ch 100, § 9; SL 1953, ch 85; SDC Supp 1960, § 17.1208.
S.D. Codified Laws § 3-12C-1115 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1115
Surviving spouse benefit--Foundation member--Calculation of benefit
Status: in_force

If no family benefit is being paid pursuant to § 3-12C-907 , a surviving spouse of a contributing foundation member who had acquired at least three years of contributory service or noncontributory service or who died while performing usual duties for the employer and who died after June 30, 2015, is, upon attaining the age of sixty-five, eligible to receive a surviving spouse benefit calculated as follows, whichever is applicable:

(1) If a family benefit had been 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 a family benefit had not been paid, sixty percent of the amount calculated pursuant to subsection (a) or (b), whichever is greater, increased by the COLA from the date of the member's death:

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

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

The surviving spouse benefit shall be paid, upon receipt of a completed application, in monthly installments for the life of the surviving spouse. 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.

Source: SL 2014, ch 20, § 18; SL 2015, ch 26, § 1; SL 2016, ch 32, § 42; SL 2017, ch 27, § 15; SDCL § 3-12-95.5; SL 2019, ch 22, §§ 26, 45; SL 2020, ch 15, § 4.
S.D. Codified Laws § 3-22-18 — SD Code / Title 3 / Chapter 22 / Section 3-22-18
Liability pool not to be considered insurance or insurance company
Status: in_force

The PEPL does not constitute insurance nor may it be considered an insurance company under the laws of South Dakota nor is the PEPL under the jurisdiction of the commissioner of insurance.

Source: SL 1986, ch 413, § 19.
S.D. Codified Laws § 3-13A-8 — SD Code / Title 3 / Chapter 13A / Section 3-13A-8
Vesting of participant account--Forfeiture
Status: in_force

A participant's account is fully vested in the program at any time on or after the date the participant begins participation in the program. A participant's account is not subject to any forfeiture pursuant to the provisions of the program. A loss as described in § 3-13A-25 is not considered to be a forfeiture.

Source: SL 2005, ch 27, § 1.
S.D. Codified Laws § 3-12C-1301 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1301
Variable retirement accounts of generational members--Contributions and credited investment return
Status: in_force

Each generational member shall have a variable retirement account, which consists of variable retirement contributions and the credited investment return. The investment return shall be credited annually as of June thirtieth for all generational members with a variable retirement account on that date. The credited investment return is the South Dakota Investment Council's reported money-weighted investment return of the system, net of fees, for the completed fiscal year. In the case of a distribution during the fiscal year, the credited investment return is the estimated investment return to the end of the month before payment. Any variable retirement contributions made during the fiscal year shall receive one-half year's credited investment return.

Source: SL 2016, ch 32, § 21; SDCL § 3-12-519; SL 2019, ch 22, § 1; SL 2022, ch 15, § 7.
S.D. Codified Laws § 3-12C-1629 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1629
Mitchell firefighters as members of system
Status: in_force

On July 1, 1996, all members of the City of Mitchell firemen's pension plan as of June 30, 1996, including all retirees, vested inactive members, and benefit recipients, shall become members of the system. Each member shall receive credited service under the system for all service earned under the City of Mitchell firemen's pension plan.

Source: SL 1996, ch 28, § 1; SDCL § 3-12-153 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-13-100 — SD Code / Title 3 / Chapter 13 / Section 3-13-100
Automatic enrollment--Initial deferrals--Election to not participate--Refund--Effect
Status: in_force

Upon initially becoming an automatic enrollee, twenty-five dollars per month must be deferred to the plan from the compensation of an automatic enrollee, unless the automatic enrollee elects not to participate in the plan within ninety days after the automatic enrollee's first pay date and gives notice of that election to the system, or unless the automatic enrollee elects to defer an increased amount. The deferred compensation and associated gains or losses of an automatic enrollee who elects not to participate must be refunded to the automatic enrollee within thirty days of receipt of the final contribution by the plan. An automatic enrollee who elects not to participate is not barred from future voluntary participation in the plan.

Source: SL 2025, ch 27, § 127.
S.D. Codified Laws § 3-12C-1505.1 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1505.1
Increase in supplemental pension spouse’s benefit
Status: in_force

A supplemental pension spouse's benefit must receive an annual increase in the same manner as does a participant's benefit.

Source: SL 2025, ch 27, § 58.
S.D. Codified Laws § 3-6D-4 — SD Code / Title 3 / Chapter 6D / Section 3-6D-4
Employees covered by chapter--Exemptions
Status: in_force

This chapter applies to all executive branch employees of state government, but excluding:

(1) Elected officers and all employees in the offices of the secretary of state, state treasurer, state auditor, commissioner of school and public lands, and public utilities commission;

(2) The members of boards and commissions;

(3) Department secretaries, bureau commissioners, division directors, deputy secretaries, deputy bureau commissioners, deputy division directors, and supervisors who determine and publicly advocate substantive program policy, attorneys, physicians, confidential assistants to exempt employees and other directors or administrative policy-making positions of executive branch institutions, commissions, boards and agencies;

(4) All positions in the Office of the Governor and Bureau of Finance and Management;

(5) Presidents, deans, administrative and policy-making positions, student health service physicians, teaching and professional research positions under the jurisdiction of the State Board of Regents and other directors or administrative policy-making positions of such institutions as determined by the human resources commissioner;

(6) Teachers of the several institutions under the jurisdiction of the executive branch;

(7) A person hired to fill the position of an employee who is deployed or activated under circumstances requiring reinstatement under the Uniform Services Employment and Reemployment Rights Act, 38 U.S.C. § 4301 as in effect January 1, 2012;

(8) Patients who are employed by state institutions under the executive branch;

(9) Temporary employees and interns; and

(10) The attorney general and all employees within its office except certified law enforcement officers within the division of criminal investigation.

The commission may promulgate rules, pursuant to chapter 1-26 , that establish criteria to implement this section for exemptions from the civil service. The human resources commissioner may determine which positions are eligible for exemption under the provisions of this chapter. Any decision of the human resources commissioner relating to exemptions from the civil service may be appealed to the commission pursuant to chapter 1-26 .

Source: SL 2012, ch 23, § 41; SL 2019, ch 21, § 26.
S.D. Codified Laws § 3-12C-1505.2 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1505.2
No value increase for single premium
Status: in_force

For purposes of calculating any beneficiary payment, a participant's single premium does not increase in value during the period of the supplemental pension contract.

Source: SL 2025, ch 27, § 59.
S.D. Codified Laws § 3-12C-1403 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1403
Retirement benefits--Members who reentered covered employment after June 30, 2004 and before April 1, 2010
Status: in_force

If less than three years of contributory service or noncontributory service is acquired after a retired member's reentry into covered employment, the member upon subsequent retirement must receive a refund of the member's accumulated contributions.

If three years or more of contributory service or noncontributory service is acquired after a retired member's reentry into covered employment, the member upon subsequent retirement may receive either a refund of the member's accumulated contributions or an additional benefit based upon the member's credited service and final compensation earned during the reentry. Only the member's credited service from the subsequent employment must be taken into account in calculating a reduction pursuant to § 3-12C-1111 , if any, in the member's additional benefit. The COLA applied to the original benefit pursuant to § 3-12C-703 , must be eliminated for the period of reemployment, unless the member retired as a Class B public safety member and subsequently reentered covered employment as a Class A member.

The provisions of this section apply to any member who retired without any reduction in benefits pursuant to § 3-12C-1111 , and who reenters covered employment after June 30, 2004, but before April 1, 2010.

Source: SL 1974, ch 35, § 39; SL 1978, ch 32, § 3; SL 1982, ch 32, § 5; SL 1997, ch 28, § 1; SL 1998, ch 15, § 10; SL 2004, ch 38, § 1; SL 2005, ch 24, § 3; SL 2010, ch 20, § 10; SL 2010, ch 23, § 6, eff. Apr. 1, 2010; SL 2012, ch 26, § 11; SL 2016, ch 31, § 15; SL 2017, ch 27, § 11; SDCL § 3-12-82; SL 2019, ch 22, § 1; SL 2021, ch 26, § 5; SL 2025, ch 27, § 53.
S.D. Codified Laws § 3-13-64 — SD Code / Title 3 / Chapter 13 / Section 3-13-64
Unforeseeable emergency distribution--Participant deferrals cease
Status: in_force

If a participant receives approval of an unforeseeable emergency distribution, pursuant to § 3-13-82 , the participant must cease deferrals to the plan before the distribution may be completed.

Source: SL 2025, ch 27, § 91.
S.D. Codified Laws § 3-18-3.1 — SD Code / Title 3 / Chapter 18 / Section 3-18-3.1
Unfair practices of employers defined
Status: in_force

It shall be an unfair practice for a public employer to:

(1) Interfere with, restrain, or coerce employees in the exercise of rights guaranteed by law;

(2) Dominate, interfere, or assist in the formation or administration of any employee organization, or contribute financial or other support to it; provided, an employer shall not be prohibited from permitting employees to confer with him during working hours without loss of time or pay;

(3) Discriminate in regard to hire or tenure or employment or any term or condition of employment to encourage or discourage membership in any employee organization;

(4) Discharge or otherwise discriminate against an employee because he has filed a complaint, affidavit, petition, or given any information or testimony under this chapter;

(5) Refuse to negotiate collectively in good faith with a formal representative; and

(6) Fail or refuse to comply with any provision of this chapter.

Source: SL 1973, ch 30, § 1.
S.D. Codified Laws § 3-23-3.1 — SD Code / Title 3 / Chapter 23 / Section 3-23-3.1
Circumstances under which state authority, board, or commission member may have interest in contract
Status: in_force

Any elected or appointed state authority, board, or commission member may have an interest in a contract if:

(1) The member, upon learning of the interest subject to the provisions of this chapter or a transaction that may create an interest subject to the provisions of this chapter discloses the interest no later than the first meeting of the authority, board, or commission held after the first day of July of each year;

(2) The authority, board, or commission is notified of the contract and the member's role in the contract;

(3) The terms of the contract do not violate any other provision of law; and

(4) The disclosure is included in the minutes that are publicly available and are filed with the auditor-general and attorney general.

Each member shall receive a form, developed by the attorney general, for the purpose of annual disclosure of any interest and direct benefit covered by the provisions of this chapter. In addition to any interest in a contract and direct benefit covered by the provisions of this chapter, the member shall also disclose at least annually any ownership interest of five percent or greater in any entity that receives grant money from the state, either directly or by a pass-through grant, or that contracts with the state or any political subdivision for services. An authority, board, or commission member who has an interest in a contract pursuant to this section shall disclose the existence of a contract in which the member has an interest but for which authorization by the authority, board, or commission is not required for the person to have an interest in the contract. The auditor-general shall compile and present any disclosure annually for review by the Department of Legislative Audit and the Government Operations and Audit Committee.

Source: SL 2017, ch 31, § 7.