S.D. Codified Laws § 3-13A-23.1 — SD Code / Title 3 / Chapter 13A / Section 3-13A-23.1
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 participant'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 participant 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 participant retires and separates from service with the member's employer.

A participant 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 participant and alternate payee.

Source: SL 2021, ch 28, § 14; SL 2024, ch 21, § 4.
S.D. Codified Laws § 3-12C-224 — SD Code / Title 3 / Chapter 12C / Section 3-12C-224
Quadrennial independent report on investment performance
Status: in_force

The board shall retain the services of an independent contractor, not involved in the investment process, to make a report to the board not less than every four years on the investment performance results of the assets of the retirement funds.

Source: SL 1974, ch 35, § 72; SL 2016, ch 31, § 25; SDCL § 3-12-118 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-21-14 — SD Code / Title 3 / Chapter 21 / Section 3-21-14
Nondisparagement clause--Unenforceable--State government
Status: in_force

A nondisparagement or similar clause is void and unenforceable to prevent the communication or disclosure of facts to the Executive Board of the Legislative Research Council or the Government Operations and Audit Committee as to any state government activities associated with any settlement agreement to which the state, an agency thereof, or officer or employee thereof in an official capacity pursuant to chapter 3-19 , is a party.

Source: SL 2022, ch 16, § 1.
S.D. Codified Laws § 3-24-10 — SD Code / Title 3 / Chapter 24 / Section 3-24-10
Annual report by board
Status: in_force

The board shall annually report to the people, the Governor, and the Legislature on its activities. The report shall include data regarding any allegations of violations of subdivisions of § 3-24-3 , including the number of reports filed, complaints received, number of unique persons filing complaints or reports, and hearings conducted by the board. The board may not disclose information that is not subject to disclosure under chapter 1-27 or pursuant to § 3-24-4 .

Source: SL 2017, ch 32, § 10.
S.D. Codified Laws § 3-9-14 — SD Code / Title 3 / Chapter 9 / Section 3-9-14
Advances from appropriated funds--Limitation
Status: in_force

Such advances shall be made from appropriated funds of the budget units in the manner provided for under the rules and regulations promulgated pursuant to § 3-9-18 . No advance shall exceed an amount set forth and under the conditions specified in the rules and regulations promulgated pursuant to § 3-9-18 .

Source: SL 1974, ch 45, § 2; SL 1975, ch 37, § 1.
S.D. Codified Laws § 3-12C-1902 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1902
Member's death after distributions begun
Status: in_force

If a member dies after the required distribution of benefits has begun, the remaining portion of the member's interest shall be distributed at least as rapidly as under the same method of distribution before the member's death.

Source: SL 2021, ch 28, § 3.
S.D. Codified Laws § 3-10-8 — SD Code / Title 3 / Chapter 10 / Section 3-10-8
Payroll deductions authorized by officer or employee--Adoption of rules
Status: in_force

The state, subject to the approval of the Bureau of Finance and Management, and Board of Regents, and, municipal corporations and other political subdivisions, subject to the approval of their governing boards, may authorize payroll deductions and withholding from wages of their officers and employees if authorized in writing or by means of electronic signature by the officer or employee. The Bureau of Finance and Management shall specify by rules, promulgated pursuant to chapter 1-26 , the types of voluntary payroll deductions approved for state employees and the procedures for obtaining and revoking approval and may adopt other reasonable rules necessary to implement this section.

Source: SL 1970, ch 28; SDCL Supp, § 3-8-6.1 ; SL 1971, ch 28, § 1; SL 1985, ch 33, § 9; SL 1989, ch 36; SL 2002, ch 21, § 1.
S.D. Codified Laws § 3-13A-23.2 — SD Code / Title 3 / Chapter 13A / Section 3-13A-23.2
Required minimum distributions--Participant's death after distributions begun
Status: in_force

If a participant dies after the required distribution of benefits has begun, the remaining portion of the participant's interest shall be distributed at least as rapidly as under the same method of distribution before the participant's death.

Source: SL 2021, ch 28, § 15.
S.D. Codified Laws § 3-13-82 — SD Code / Title 3 / Chapter 13 / Section 3-13-82
Immediate distribution--Unforeseeable emergency
Status: in_force

If a participant suffers an unforeseeable emergency, the participant may request an immediate distribution of all or part of the participant's deferrals. The request must be made through an application to the third-party administrator. If the third-party administrator approves the request, the distribution must be made to the extent necessary to satisfy the need, including the payment of federal income tax withholding, if necessary. If the third-party administrator denies the request, the participant may appeal the denial by giving notice of an intention to appeal within thirty days after the date of the notice of denial. No distribution may be made to the extent that the unforeseeable emergency may be relieved:

(1) Through reimbursement or compensation by insurance or otherwise;

(2) By liquidation of the participant's assets to the extent that the liquidation does not cause severe financial hardship; or

(3) By discontinuation of deferrals under the plan.

The need to send a participant's child to college, divorce proceedings, or the desire to purchase a home are not considered to be unforeseeable emergencies. Any amount that is distributed on account of an unforeseeable emergency is not an eligible rollover distribution, and the participant may not elect to have any portion of the distribution paid directly to an eligible retirement plan.

The provisions of this section do not apply if a distribution is made pursuant to § 3-13-83 .

Source: SL 2025, ch 27, § 109.
S.D. Codified Laws § 3-13A-25 — SD Code / Title 3 / Chapter 13A / Section 3-13A-25
Limitation of liability to participants
Status: in_force

Neither the program nor any participating unit is liable to any participant for losses arising out of any decrease in the value of any investments held under the program. The liability of the program to any participant is limited to the value of the participant's account on the date the participant chooses to begin payment pursuant to the provisions of the program. In no event may any member of the board, the executive director, or any member of the executive director's staff have any liability for any action taken with respect to the program unless the action has been taken in bad faith.

Source: SL 2004, ch 43, § 24; SDCL § 3-12-188; SL 2005, ch 28, § 1; SL 2016, ch 31, § 61.
S.D. Codified Laws § 3-1A-5 — SD Code / Title 3 / Chapter 1A / Section 3-1A-5
Forms provided--Value not required--Verification--Open to public inspection
Status: in_force

The secretary of state shall prescribe and provide forms for the reporting of close economic interest. The value of a close economic interest need not be reported. Each individual filing a statement of financial interest shall subscribe to an oath or affirmation verifying the contents of the statement. All statements of financial interest shall be open to public inspection, except pursuant to § 3-1A-5.1 .

Source: SL 1974, ch 121, §§ 8 to 10; SL 2022, ch 11, § 1.
S.D. Codified Laws § 3-13-52 — SD Code / Title 3 / Chapter 13 / Section 3-13-52
Limitation of liability to participants
Status: in_force

Neither the plan nor any participating employer may have any liability to any participant for losses arising out of any decrease in the value of any investments held by the plan. The liability of the plan to any participant is limited to the value of the participant's account on the date the account is made available to the participant pursuant to the provisions of the plan. In no event may any member of the board, the executive director or any member of the executive director's staff have any liability for any action taken with respect to the plan unless such action be taken in bad faith.

Source: SL 1987, ch 38, § 4; SL 2016, ch 31, § 52.
S.D. Codified Laws § 3-18-3.2 — SD Code / Title 3 / Chapter 18 / Section 3-18-3.2
Unfair practices of employee organizations defined
Status: in_force

It is an unfair practice for an employee organization or its agents to:

(1) Restrain or coerce an employee in the exercise of the rights guaranteed by this chapter. However, this subdivision does not impair the right of an employee organization to prescribe its own requirements with respect to the acquisition or retention of membership therein;

(2) Restrain or coerce an employer in the selection of his representative for the purpose of collective bargaining or the adjustment of grievances;

(3) Cause or attempt to cause an employer to discriminate against an employee in violation of subdivision 3-18-3.1 (3) or to discriminate against an employee with respect to whom membership in such organization has been denied or terminated on some ground; and

(4) Refuse to negotiate collectively in good faith with an employer, provided it is the formal representative.

Source: SL 1973, ch 30, § 2; SL 1993, ch 375, § 7.
S.D. Codified Laws § 3-13-63 — SD Code / Title 3 / Chapter 13 / Section 3-13-63
Required minimum distributions--Waiver of 2020
Status: in_force

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

Source: SL 2021, ch 28, § 12.
S.D. Codified Laws § 3-13-57 — SD Code / Title 3 / Chapter 13 / Section 3-13-57
Roth contribution program--Authorization--Definition--Promulgation of rules
Status: in_force

The board may establish a designated Roth contribution program within the deferred compensation plan. For purposes of this section, a "designated Roth contribution" means an elective salary deferral that is:

(1) Designated irrevocably by the participant at the time of the deferred election as a designated Roth contribution that is being made in lieu of all or a portion of the pre-tax elective deferrals the participant is otherwise eligible to make under the plan; and

(2) Treated by the employer as includable in the participant's income at the time the participant would have received that amount in compensation if the participant had not made a deferred election.

The board may promulgate rules, pursuant to chapter 1-26 , relating to distributions, conversions, transfers, rollovers, and limitations with regard to the designated Roth contribution program in accordance with federal law.

Source: SL 2012, ch 28, § 1; SL 2025, ch 27, § 86.
S.D. Codified Laws § 3-12C-501 — SD Code / Title 3 / Chapter 12C / Section 3-12C-501
Uniform application of service credit rules
Status: in_force

Any period of credited service granted under the rules and regulations adopted by the Board of Trustees must be applied uniformly and consistently to all members.

Source: SL 1974, ch 35, § 45; SDCL § 3-12-89 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-12C-1502.1 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1502.1
Basis for supplemental pension benefit
Status: in_force

A participant's monthly supplemental pension benefit is based on the participant's single premium and the current interest rate assumption at the time of purchase, and must take into account the participant's age, gender, and marital status at the time of purchase. A participant has no expectation or fundamental right to any particular monthly benefit amount, including the amount of a monthly benefit being paid to another participant.

Source: SL 2025, ch 27, § 55.
S.D. Codified Laws § 3-12C-1635 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1635
Huron firefighters as members of system
Status: in_force

On July 1, 1998, all members of the city of Huron firemen pension fund as of June 30, 1998, including all retirees, any deferred vested members and any benefit recipients, shall become members of the system. Each active member shall receive credited service under the system for all service earned under the city of Huron firemen pension fund.

Source: SL 1998, ch 22, § 1; SDCL § 3-12-159 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-23-5 — SD Code / Title 3 / Chapter 23 / Section 3-23-5
Removal of state authority, board, or commission member for violation--Criminal penalties--Disgorgement--Voidable contract
Status: in_force

Any elected or appointed state authority, board, or commission member who knowingly violates §§ 3-23-1 to 3-23-4 , inclusive, shall be removed from the authority, board, or commission and is guilty of a Class 1 misdemeanor. Any person who knowingly violates §§ 3-23-1 to 3-23-4 , inclusive, and is also guilty of theft under chapter 22-30A , shall be penalized at the next greater class of penalty prescribed by chapters 22-6 and 22-30A . No authority, board, or commission member who has submitted a good faith request for authorization pursuant to § 3-23-3 may be convicted of a crime under this chapter. Any benefit to the authority, board, or commission member in violation of §§ 3-23-1 and 3-23-2 is subject to disgorgement and any contract made in violation of this chapter is voidable by the authority, board, or commission.

Source: SL 2016, ch 33, § 5; SL 2017, ch 31, § 9.
S.D. Codified Laws § 3-13-70 — SD Code / Title 3 / Chapter 13 / Section 3-13-70
Participant election--Balance transfers--Costs deducted
Status: in_force

Subject to any limitations imposed by a vendor or by the third-party administrator, a participant may elect to transfer any portion of the account balance from one offered investment alternative to another at any time, provided notice is given to the third-party administrator. Any costs associated with a transfer are borne by the participant and are deducted from the account.

Source: SL 2025, ch 27, § 97.
S.D. Codified Laws § 3-8-14 — SD Code / Title 3 / Chapter 8 / Section 3-8-14
Salary differences for certain National Guard and reserve members to be paid by state
Status: in_force

Any employee of the State of South Dakota who, as a member of the South Dakota National Guard or any other reserve component of the armed forces of the United States, is ordered into Title 10 and Title 32 service, after January 1, 2002, other than for training purposes, shall receive the difference between the employee's state salary or wage rate at the time the employee was activated and the employee's military salary and allowances for the time the employee is engaged in such active federal service. The salary or wage difference shall be paid on at least a quarterly basis.

Source: SL 2004, ch 33, § 1.
S.D. Codified Laws § 3-11-17 — SD Code / Title 3 / Chapter 11 / Section 3-11-17
Reports required of political subdivisions
Status: in_force

The political subdivision shall make such reports, in such form and containing such information as the administrator may from time to time require and comply with such provisions as the administrator or the secretary of Health and Human Services may from time to time find necessary.

Source: SL 1951, ch 100, § 7; SDC Supp 1960, § 17.1206 (3); SL 2006, ch 16, § 2.
S.D. Codified Laws § 3-16-1 — SD Code / Title 3 / Chapter 16 / Section 3-16-1
Willful failure to perform official duty as misdemeanor
Status: in_force

Where any duty is or shall be enjoined by law upon any public officer, or upon any person holding any public trust or employment, every intentional omission to perform such duty, where no special provision shall have been made for the punishment of such delinquency, is a Class 2 misdemeanor.

Source: PenC 1877, § 216; CL 1887, § 6416; RPenC 1903, § 220; RC 1919, § 3806; SDC 1939, § 13.1301; SL 1980, ch 24, § 44.
S.D. Codified Laws § 3-12C-1645 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1645
Moneys from cement plant retirement fund--Considered member contributions
Status: in_force

Any amount transferred to the system from the cement plant retirement fund pursuant to § 3-12C-1642 , which under the cement plant retirement plan was credited to the accounts of individual members, is considered a member contribution.

Source: SL 2014, ch 21, § 5, eff. Apr. 1, 2014; SDCL § 3-12-220; SL 2019, ch 22, § 1; SL 2025, ch 27, § 68.
S.D. Codified Laws § 3-3-6 — SD Code / Title 3 / Chapter 3 / Section 3-3-6
Confidential and policy-making positions exempt from chapter
Status: in_force

Nothing in this chapter applies to department heads, to policy-forming officials, to the position of private secretary of any official or department, or to any person holding a strictly confidential relation to the appointing officer.

Source: SL 1935, ch 188, § 7; SDC 1939, § 41.0507; SL 1939, ch 159, § 2; SL 1943, ch 147, § 2; SL 1951, ch 214, § 2; SDC Supp 1960, § 41.0508; SL 2010, ch 19, § 13.
S.D. Codified Laws § 3-21-10 — SD Code / Title 3 / Chapter 21 / Section 3-21-10
Immunity from lawsuits in courts of other jurisdictions
Status: in_force

No waiver of state immunity by statute or, where permitted, by any officer or agent of the state may constitute or be interpreted as a waiver of the state's immunity from lawsuits in federal court or the courts of any jurisdiction other than the South Dakota Unified Judicial System.

Source: SL 1986, ch 4, § 12; SL 2002, ch 24, § 1.
S.D. Codified Laws § 3-5-11 — SD Code / Title 3 / Chapter 5 / Section 3-5-11
Bonds and oaths to cover all duties of office--Noncomplying bonds valid as to matter contained
Status: in_force

The bonds and oaths of all civil officers shall be construed to cover duties required by law subsequent to giving them. No official bond shall be void for want of compliance with the statute, but it shall be valid in law for the matter contained therein.

Source: PolC 1877, ch 5, § 12; CL 1887, § 1382; RPolC 1903, § 1799; RC 1919, § 7036; SDC 1939, § 48.0315.
S.D. Codified Laws § 3-6C-21 — SD Code / Title 3 / Chapter 6C / Section 3-6C-21
Leave from work for American Red Cross disaster service volunteers
Status: in_force

A permanent employee who is a certified disaster service volunteer of the American Red Cross may be granted leave from work with pay not to exceed ten days in any one calendar year to participate in disaster relief services for the American Red Cross during a State of South Dakota declared disaster, upon the request of the American Red Cross for the services of the employee and upon approval of that employee's appointing authority. However, an employee who is needed by the employee's appointing authority to perform job-related disaster services may not be granted this leave. The appointing authority shall compensate an employee granted leave under this section at the employee's regular rate of pay for regular work hours during which the employee is absent from work.

Source: SL 2012, ch 23, § 32; SL 2019, ch 21, § 20.
S.D. Codified Laws § 3-12C-708 — SD Code / Title 3 / Chapter 12C / Section 3-12C-708
Time of termination of benefits
Status: in_force

Monthly benefits paid to a member cease on the last day of the month in which the member died. Monthly benefits paid to a surviving spouse cease on the last day of the month in which the surviving spouse died. Monthly benefits paid to a child cease on the last day of the month in which the child died or the last day of the month in which the child became ineligible, whichever occurs first.

Source: SL 1974, ch 35, § 67; SDCL § 3-12-113 ; SL 2019, ch 22, §§ 40, 45.
S.D. Codified Laws § 3-14-1 — SD Code / Title 3 / Chapter 14 / Section 3-14-1
Holding over until successor qualified
Status: in_force

Except when otherwise expressly provided, every lawful incumbent of any public office, with a definite term, upon the expiration of such term shall continue to discharge its duties until his successor shall have been elected or appointed and has qualified, and shall be entitled to receive the prescribed compensation of such office during the time he shall so discharge its duties.

Source: RC 1919, § 7035; SDC 1939, § 48.0314.
S.D. Codified Laws § 3-17-10 — SD Code / Title 3 / Chapter 17 / Section 3-17-10
Officer allowed expenses of defense after judgment for him in removal proceedings
Status: in_force

If the final determination of such proceeding be favorable to such accused officer, he shall be allowed the reasonable and necessary expenses he has incurred in his defense, including a reasonable attorney fee, to be fixed by the court or judge. Such expenses shall be paid by the county, if he be a county officer; by the township, if he be a township officer; and by the municipality if he be an officer of such municipality.

Source: SL 1915, ch 268, § 1; RC 1919, § 7015; SDC 1939, § 48.0206; SL 1992, ch 60, § 2.
S.D. Codified Laws § 3-23-6 — SD Code / Title 3 / Chapter 23 / Section 3-23-6
School districts and cooperative education service units--Officials with contract authority--Prohibitions on interest in or direct benefit from contract
Status: in_force

No board member, business manager, chief financial officer, superintendent, chief executive officer, or other person with the authority to enter into a contract or spend money in an amount greater than five thousand dollars of a school district, cooperative education service unit, or jointly governed education service entity that receives money from or through the state may have an interest in a contract nor receive a direct benefit from a contract in amount greater than five thousand dollars or multiple contracts in an amount greater than five thousand dollars with the same party within a twelve-month period to which the school district or cooperative education service unit is a party except as provided in § 3-23-8 .

Source: SL 2016, ch 33, § 6; SL 2017, ch 31, § 10; SL 2017, ch 74, § 1; SL 2021, ch 73, § 23.
S.D. Codified Laws § 3-12C-1624 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1624
Moneys from Aberdeen firemen’s fund--Considered member contributions
Status: in_force

Any amount transferred to the system from the municipality of Aberdeen firemen's relief and pension fund, which under the fund was credited to the accounts of individual employees, is considered a member contribution.

Source: SL 1994, ch 37, § 4; SDCL § 3-12-136; SL 2019, ch 22, § 1; SL 2025, ch 27, § 64.
S.D. Codified Laws § 3-13-74 — SD Code / Title 3 / Chapter 13 / Section 3-13-74
Valuation of investment
Status: in_force

Each offered investment alternative must be valued on each accounting date. The valuation must be at market value. Any charges against the value must be explicitly disclosed.

Source: SL 2025, ch 27, § 101.
S.D. Codified Laws § 3-13-79 — SD Code / Title 3 / Chapter 13 / Section 3-13-79
Distribution--Beginning date
Status: in_force

The distribution of deferrals to a participant may begin no earlier than thirty days following the participant's severance from employment with a participating employer. Any irrevocable election of a benefit commencement date, made by a participant or a beneficiary prior to January 1, 2002, and any defaulted distribution other than a defaulted distribution to an annuity option, are revocable as of January 1, 2002. No distribution to an independent contractor of a participating employer may begin until one year after the date on which all contracts with any participating employer have expired. Notwithstanding the foregoing, a distribution of deferrals must be made in accordance with §§ 3-13-58 to 3-13-63 , inclusive.

Source: SL 2025, ch 27, § 106.
S.D. Codified Laws § 3-23-3 — SD Code / Title 3 / Chapter 23 / Section 3-23-3
Circumstances under which state authority, board, or commission may authorize member to derive direct benefit from contract
Status: in_force

Any elected or appointed state authority, board, or commission may authorize an authority, board, or commission member to derive a direct benefit from a contract if:

(1) The member has provided full disclosure to the authority, board, or commission, including:

(a) All parties to the contract;

(b) The member's role in the contract;

(c) The purpose and objective of the contract;

(d) The consideration or benefit conferred or agreed to be conferred upon each party; and

(e) The duration of the contract;

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

(3) The authorization is a public record included in the official minutes of the authority, board, or commission, that shall be filed with the auditor-general and attorney general.

The auditor-general shall compile the authorizations and present them annually for review by the Government Operations and Audit Committee. A member who requests an authorization under this section shall make the request prior to entering into any contract that requires disclosure or within forty-five days after entering into the contract. Once disclosed and authorized by the governing board, no further disclosure or authorization is required unless the contract extends into consecutive fiscal years. A contract that extends into consecutive fiscal years requires an annual disclosure but no new authorization is required. If the authority, board, or commission rejects the request for authorization made by the member, the contract is voidable and subject to disgorgement pursuant to § 3-23-5 , or the member may resign from the authority, board, or commission. No member of a state authority, board, or commission may participate in or vote upon a decision of the state authority, board, or commission relating to a matter in which the member derives a direct benefit.

Source: SL 2016, ch 33, § 3; SL 2017, ch 31, § 6.
S.D. Codified Laws § 3-13A-7 — SD Code / Title 3 / Chapter 13A / Section 3-13A-7
Participant account
Status: in_force

An account shall be established for each participant. The account shall be the basis for any distribution to the participant or to the participant's beneficiary, surviving spouse, surviving children, or estate pursuant to § 3-13A-15 .

Source: SL 2004, ch 43, § 7; SDCL, § 3-12-171; SL 2005, ch 28, § 1.
S.D. Codified Laws § 3-12C-1204 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1204
Normal retirement benefit for generational members for Class A credited service
Status: in_force

Upon retirement, a generational member shall receive a normal retirement benefit, commencing at normal retirement age or thereafter, for Class A credited service, equal to one and eight-tenths percent of final average compensation for each year of Class A credited service.

Source: SL 2016, ch 32, § 6; SDCL § 3-12-505 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-13-58 — SD Code / Title 3 / Chapter 13 / Section 3-13-58
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 participant'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 participant 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 participant retires and separates from service with the member's employer.

A participant 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 participant and alternate payee.

Source: SL 2021, ch 28, § 7; SL 2024, ch 21, § 3.
S.D. Codified Laws § 3-18-3.3 — SD Code / Title 3 / Chapter 18 / Section 3-18-3.3
Rules on unfair practices
Status: in_force

The Department of Labor and Regulation shall promulgate rules pursuant to chapter 1-26 to specify procedures to enforce the provisions of §§ 3-18-3.1 and 3-18-3.2 .

Source: SL 1973, ch 30, § 3; SL 1993, ch 375, § 3; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 33, eff. Apr. 12, 2011.
S.D. Codified Laws § 3-9-18 — SD Code / Title 3 / Chapter 9 / Section 3-9-18
Rules governing travel advances
Status: in_force

The commissioner of the Bureau of Finance and Management is authorized to pass rules in compliance with chapter 1-26 to effectuate §§ 3-9-13 to 3-9-17 , inclusive.

Source: SL 1974, ch 45, § 6.
S.D. Codified Laws § 3-18-10 — SD Code / Title 3 / Chapter 18 / Section 3-18-10
Strikes prohibited--Right to submission of grievance
Status: in_force

No public employee shall strike against the State of South Dakota, any of the political subdivisions thereof, any of its authorities, commissions, or boards, the public school system or any other branch of the public service. Provided, however, that nothing contained in this chapter shall be construed to limit, impair, or affect, the right of any public employee to the expression or communication of a view, grievance, complaint, or opinion on any matter related to the conditions or compensation of public employment or their betterment with the full, faithful and proper performance of the duties of employment.

Source: SL 1969, ch 88, § 2.
S.D. Codified Laws § 3-12C-1648 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1648
Member election to receive lump sum trustee-to-trustee payment in lieu of monthly payments
Status: in_force

Any vested member of the state cement plant retirement plan may elect to receive a lump sum trustee-to-trustee payment in lieu of monthly retirement benefit payments. The amount of the lump sum trustee-to-trustee payment shall be determined by the system's actuary based on the actuarial equivalent of the member's benefit as defined by the cement plant retirement plan. However, no lump sum trustee-to-trustee payment may be made unless both of the following requirements are satisfied:

(1) The member has not received any monthly benefits; and

(2) The member directs a trustee-to-trustee transfer of the lump sum payment to a receiving retirement custodian, trustee, or other approved recipient.

Any eligible member who desires to make the election authorized by this section shall submit an application to the system.

Source: SL 2014, ch 22, § 1; SDCL § 3-12-223 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-9-2.1 — SD Code / Title 3 / Chapter 9 / Section 3-9-2.1
Meals and lodging actual cost reimbursement regardless of whether away from residence or headquarters
Status: in_force

The State Board of Finance may authorize reimbursement of the actual costs of lodging and meals, excluding any alcoholic beverage as defined in subdivision 35-1-1(1), but including a gratuity incurred by a state officer or employee in the performance of his or her duties, regardless of whether the officer or employee is away from his or her place of residence or headquarters station, if:

(1) The lodging and meals are in furtherance of the state's interests, concerns, and activities;

(2) The activity for which the lodging and meal is required is related specifically to hosting a prospect for any business development, trade, or tourism promotional activity; and

(3) The officer or employee is performing an official duty at the direction of the head of the officer's or employee's department or office, which approval is certified in writing by the department or office head, or by the Governor.

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

The reimbursement for a gratuity authorized by this section may either be a voluntary service gratuity, not to exceed eighteen percent, or a mandatory service gratuity added to the bill by the establishment, not to exceed twenty percent.

Source: SL 2015, ch 24, § 2.
S.D. Codified Laws § 3-12C-506 — SD Code / Title 3 / Chapter 12C / Section 3-12C-506
Refund for purchase cost of noncontributing service
Status: in_force

Any member who, pursuant to the provisions of § 3-12C-504 , has purchased a portion or all of the member's noncontributory service earned by a member from July 1, 1967, to June 30, 1974, inclusive, but not credited under the South Dakota public employee retirement system because of the age and service restrictions established under the system is entitled to a refund of such purchase cost.

Source: SL 1997, ch 25, § 3; SL 2016, ch 32, § 31; SDCL § 3-12-47.2 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-13-57.2 — SD Code / Title 3 / Chapter 13 / Section 3-13-57.2
Roth contribution program--Allowed contributions--Limits
Status: in_force

A participant may designate that all or a portion of the participant's deferred compensation be treated as a designated Roth contribution. A participant may defer both designated Roth contributions and pre-tax contributions in the same year. The total deferrals may not exceed the annual deferral limit, as provided for in § 457(e)(15)(A) of the Internal Revenue Code.

Source: SL 2025, ch 27, § 88.
S.D. Codified Laws § 3-12C-410 — SD Code / Title 3 / Chapter 12C / Section 3-12C-410
Lump-sum payments where designated beneficiary does not survive member--Reversion to system of unclaimed payments
Status: in_force

If a designated beneficiary does not survive the member, any lump-sum payment that may be due shall be payable to the member's surviving spouse. If there is no surviving spouse, the payment shall be payable to all of the member's surviving children, irrespective of age, on a share-alike basis. If there is no surviving spouse and no surviving children, the payment shall be payable to the estate of the deceased member. If no claim for payment due upon the death of a deceased member is made within three years from date of death, the payment shall revert to the system. However, a claim may be honored after the expiration of the three-year reversion period if, in the opinion of the executive director, payment of the claim is warranted by exceptional circumstances.

Source: SL 1967, ch 303, § 8 as added by SL 1968, ch 216, § 1; SDCL Supp, § 3-12-29.1; SL 1974, ch 35, § 70; SL 2006, ch 21, § 2; SL 2016, ch 31, § 24; SDCL § 3-12-116 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-18-17 — SD Code / Title 3 / Chapter 18 / Section 3-18-17
Review by trial de novo of decision establishing violation
Status: in_force

In the event that the employee involved is held to have violated § 3-18-10 or 3-18-11 and action is taken against him, he shall have the right of review by a trial de novo in the circuit court. Petition for such trial must be made within twenty days after the decision of the above proceedings is made known to the employee.

Source: SL 1969, ch 88, § 7.
S.D. Codified Laws § 3-21-1 — SD Code / Title 3 / Chapter 21 / Section 3-21-1
Definitions
Status: in_force

Terms used in this chapter, unless the context plainly otherwise requires, mean:

(1) "Employee," all current and former employees and elected and appointed officers of any public entity whether classified, unclassified, licensed or certified, permanent or temporary whether compensated or not. The term includes employees of all branches of government including the judicial and legislative branches and employees of constitutional boards and offices. The term does not include independent contractors;

(2) "Public entities," the State of South Dakota, all of its branches and agencies, boards and commissions. The term also includes all public entities established by law exercising any part of the sovereign power of the state, including, but not limited to municipalities, counties, school districts, townships, sewer and irrigation districts, and all other legal entities that public entities are authorized by law to establish.

Source: SL 1986, ch 4, § 1.
S.D. Codified Laws § 3-12C-216 — SD Code / Title 3 / Chapter 12C / Section 3-12C-216
Exemption of contributions and benefits from taxation and process
Status: in_force

The rights of a person to a benefit, return of accumulated contributions, the benefit itself, any optional benefits and any other right accrued or accruing under the provisions of this chapter and all moneys belonging to the system are hereby exempt from any state, county, municipal, or other local tax and may not be subject to execution, garnishment, attachment, operation of bankruptcy or insolvency laws or any other process of law whatsoever and shall be unassignable, 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 1959, ch 84, § 40; SDC Supp 1960, § 15.3943; SL 1961, ch 255, § 42; SDCL §§ 9-15-70, 13-45-69; SL 1970, ch 25, § 13; SDCL Supp, § 3-12-45; SL 1974, ch 35, § 69; SL 1985, ch 24, § 3; SL 2013, ch 20, § 11; SDCL § 3-12-115 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-12C-303 — SD Code / Title 3 / Chapter 12C / Section 3-12C-303
Newly elected officials permitted to join system--Requirements--Credited service
Status: in_force

A newly-elected official, who is a full-time employee of a participating unit and not a member of the system, may elect to become a member. However, the official shall make the election when the official is first eligible to participate in the system, and the official's election is irrevocable for as long as the official is an elected official. If the official is a current contributing member or has previously contributed to the system, the elected official shall participate in the system. If an elected official has elected not to participate in the system, the official is not eligible to make a new election. The official's credited service is limited to service for which contributions are made.

Source: SL 1967, ch 303, § 4; SDCL § 3-12-21; SL 1968, ch 216, § 1; SL 1970, ch 25, § 3; SL 1974, ch 35, § 21; SDCL § 3-12-64 ; SL 2019, ch 22, § 1; SL 2019, ch 23, § 2; SL 2021, ch 29, § 11, eff. Apr. 1, 2021.
S.D. Codified Laws § 3-12C-1506 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1506
Death of participant or spouse--Lump sum distribution to beneficiaries--Time for making claim
Status: in_force

If payment of monthly supplemental pension benefits ceases due to the death of the participant or the death of a supplemental pension spouse, and the total of monthly supplemental pension benefits paid is less than the amount of the participant's single premium, the difference between the total benefits paid and the single premium shall be disbursed in a lump sum as provided in this section. Amounts payable under this section shall be disbursed as follows:

(1) To the beneficiary or entity designated by the participant in the participant's supplemental pension contract record, if any is designated;

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

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

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

The provisions of this section are not affected by the provisions of § 3-12C-409 or 3-12C-410 .

Source: SL 2008, ch 24, § 7; SL 2016, ch 31, § 32; SDCL § 3-12-194 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-1A-3 — SD Code / Title 3 / Chapter 1A / Section 3-1A-3
Statements required of appointive state officers
Status: in_force

Any gubernatorial appointee for whom Senate confirmation is required shall file with the secretary of state a statement of financial interest before confirmation.

Source: SL 1974, ch 121, § 6; SL 2010, ch 19, § 3.
S.D. Codified Laws § 3-23-2 — SD Code / Title 3 / Chapter 23 / Section 3-23-2
Circumstances under which state authority, board, or commission member derives direct benefit
Status: in_force

An elected or appointed member of a state authority, board, or commission derives a direct benefit from a contract if the member, the member's spouse, or any other person with whom the member lives or commingles assets:

(1) Is a party to or intended beneficiary of the contract;

(2) Has more than a five percent ownership interest in an entity that is a party to the contract;

(3) Acquires property under the contract; or

(4) Will receive from the contracting party compensation, commission, promotion, or other monetary benefit that is directly attributable to the contract.

Source: SL 2016, ch 33, § 2; SL 2017, ch 31, § 3.
S.D. Codified Laws § 3-12C-826 — SD Code / Title 3 / Chapter 12C / Section 3-12C-826
Family benefit--Member dies before normal retirement age while receiving disability benefits
Status: in_force

Upon the death of a member receiving disability benefits, who dies prior to normal retirement age, a family benefit must be paid on behalf of any eligible child of the member. The monthly amount of the family benefit is the amount of the monthly disability benefits the member received before death. The monthly family benefit must be equally apportioned among any eligible children of the member and must be paid on behalf of any child in accordance with § 3-12C-902 . However, if the child is eighteen years of age or older, the benefit is payable directly to the child. As a child becomes ineligible, the family benefit shall be reallocated among any remaining eligible children of the deceased member. The family benefit terminates if there are no eligible children of the deceased member.

Source: SL 2014, ch 20, § 14; SL 2016, ch 31, § 41; SDCL § 3-12-214; SL 2019, ch 22, §§ 35, 45; SL 2022, ch 15, § 4.
S.D. Codified Laws § 3-13-89 — SD Code / Title 3 / Chapter 13 / Section 3-13-89
Rollover to another plan
Status: in_force

A participant or a participant's surviving spouse may transfer a portion or all of the participant's account by rollover to another plan, which is eligible under § 401, 403(b), 408, 408A, or 457 of the Internal Revenue Code. A participant's beneficiary who is not the participant's surviving spouse may transfer a portion or all of the participant's account by rollover to a plan that is eligible under § 408 or 408A of the Internal Revenue Code.

Source: SL 2025, ch 27, § 116.
S.D. Codified Laws § 3-6E-1 — SD Code / Title 3 / Chapter 6E / Section 3-6E-1
Benefits plan for employees--Self-funded or group health insurance--Flexible benefit plan
Status: in_force

The bureau may establish a benefits plan for plan-eligible employees of the state. The plan may either be self-funded or established as a group health insurance program. The plan may provide for group health coverage against the financial cost of hospital, surgical, pharmacy, and medical treatment and care, and any other coverage or benefits the human resources commissioner determines is appropriate and desirable. The human resources commissioner may include a flexible benefit plan which allows an employee to choose the employee's own benefits or levels of coverage.

Source: SL 2012, ch 23, § 63; SL 2019, ch 21, § 45.
S.D. Codified Laws § 3-12C-801 — SD Code / Title 3 / Chapter 12C / Section 3-12C-801
Criteria for determining disability--Uniform application
Status: in_force

The Board of Trustees shall set the criteria for determining the disability of members. Methods of disability determination shall be applied uniformly and consistently to all members applying for the disability benefits.

Source: SL 1974, ch 35, § 54; SDCL § 3-12-100 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-4-10 — SD Code / Title 3 / Chapter 4 / Section 3-4-10
Replacement of vacancy on appointed board or commission--Time limitation--Person deemed reappointed
Status: in_force

If any position on a board or commission whose members are appointed by the Governor without the consent of the Senate becomes vacant pursuant to § 3-4-1 , the Governor must appoint a person to fill the vacancy within one hundred twenty days of the occurrence of the vacancy. 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 to fill the vacancy or until a date set in writing by the person who resigned, whichever is sooner.

Except as provided below, if a person's term on the board or commission has expired, the person remains on the board or commission until the Governor appoints a person to the new term, and if the Governor has not appointed a person to the new term within one hundred twenty days after the term expired, the person is deemed to be reappointed for another term. If a person is unable to serve an additional term due to a term limit, the person may not remain on the board or commission after the person's term has expired and may not be deemed reappointed under this section.

This section applies to any board or commission whose members are appointed by the Governor without the consent of the Senate unless the board or commission is specifically exempted from this section by law.

Source: SL 2024, ch 19, § 1.
S.D. Codified Laws § 3-17-16 — SD Code / Title 3 / Chapter 17 / Section 3-17-16
Powers and duties of acting state's attorney or sheriff
Status: in_force

Any attorney temporarily appointed may discharge all the duties of an elected state's attorney and shall speedily bring to hearing and determination any charges made against the state's attorney so suspended. Any person temporarily appointed as sheriff may discharge all the duties of an elected sheriff.

Source: SL 1985, ch 28, § 5.
S.D. Codified Laws § 3-12C-106.1 — SD Code / Title 3 / Chapter 12C / Section 3-12C-106.1
Establishing active membership--Termination--Quarterly contribution credited--Exception
Status: in_force

A member's period of active membership in the system is established by the date of the employer contribution report to the system, which must include the member's initial employee and employer contributions. A member's active membership is terminated when the system receives notice of termination from an employer, accompanied by the member's final employee and employer contributions.

If the system receives any employee and employer contributions on behalf of a member during a calendar quarter, the member must be credited with a full calendar quarter of contributory service toward calculating the member's benefits or determining the member's eligibility for benefits, but not for determining whether a member's death was active status or inactive status.

Source: SL 2025, ch 27, § 6.
S.D. Codified Laws § 3-12C-1646 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1646
Payment of benefits and operational expenses related to Class C members
Status: in_force

Notwithstanding the provisions of § 3-12C-210 , any benefit payments and any operational expenses related to Class C members shall be paid from the fund established by this chapter.

Source: SL 2014, ch 21, § 6, eff. Apr. 1, 2014; SDCL § 3-12-221 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-6D-17 — SD Code / Title 3 / Chapter 6D / Section 3-6D-17
Award of back pay and benefits to employees disciplined without good cause--Reinstatement--Adverse impact on budget
Status: in_force

In resolving a grievance, the commission may reinstate a civil service employee who has been disciplined without good cause. If reinstatement is ordered by the commission, the order shall include one or more of the following forms of relief: an award of back pay, an award of back benefits, placement in the same position and location that the employee held before the discipline, or placement in a comparable position and location that the employee held before the discipline. Any award of back pay and benefits shall include the employer's contribution pursuant to § 3-12C-401 . Any award of back pay and benefits which adversely affects an agency's budget shall be considered advisory and submitted by the affected agency to the committee created by chapter 4-8A or the next session of the Legislature.

Source: SL 2012, ch 23, § 54; SL 2012, ch 26, § 16; SL 2019, ch 21, § 39.
S.D. Codified Laws § 3-12C-515 — SD Code / Title 3 / Chapter 12C / Section 3-12C-515
Death or disability of member on leave of absence due to qualified military service--Return to service date and benefits
Status: in_force

If a member on leave of absence performing initial qualified military service dies, the member shall be considered to have returned from the leave of absence on the day before the member's death and become a contributing member for purposes of survivor benefits, if the member has at least one year of credited service before the member's death, including the initial period of qualified military service. If the member was contributing for additional survivor protection benefits pursuant to § 3-12C-1001 immediately before the leave of absence, the member shall be considered to have resumed the contributions on the day before the member's death.

If a member on leave of absence performing initial qualified military service becomes disabled pursuant to the disability criteria set out in this chapter, the member shall be considered to have returned from the leave of absence on the day before the member's discharge date and become a contributing member for purposes of eligibility for disability benefits pursuant to § 3-12C-812 , if the member has at least three years of credited service including the period of initial qualified military service. The provisions of § 3-12C-812 notwithstanding, the member need not have been deemed to be a contributing member on the date of the member's disabling event.

Source: SL 2011, ch 20, § 3; SL 2016, ch 31, § 16; SDCL § 3-12-86.1 ; SL 2019, ch 22, §§ 16, 45.
S.D. Codified Laws § 3-22-20 — SD Code / Title 3 / Chapter 22 / Section 3-22-20
Federal antitrust laws--Direct state action
Status: in_force

This chapter is intended as direct state action within the meaning of federal antitrust laws.

Source: SL 1986, ch 413, § 21; SL 2010, ch 24, § 14.
S.D. Codified Laws § 3-9-10 — SD Code / Title 3 / Chapter 9 / Section 3-9-10
Claims for household moving allowance--State transfer or hire--Application form
Status: in_force

Each officer or employee who may be entitled to an allowance under § 3-9-9 or 3-9-12 shall submit a claim voucher to the state auditor with an application for payment of the household moving allowance and a copy of the offer letter of the department, institution, board, commission, or other state agency authorizing the transfer or hire. A household moving allowance application must be made on a form prescribed by the Governor and requires the approval of the department head.

Source: SL 1963, ch 292; SL 2023, ch 13, § 3.
S.D. Codified Laws § 3-24-6 — SD Code / Title 3 / Chapter 24 / Section 3-24-6
Immunity of person acting in good faith--Civil actions
Status: in_force

A person acting in good faith is immune from civil liability for furnishing information, filing a report, or making a complaint. If a civil action is commenced against a person for damages related to furnishing information, filing a report, or making a complaint and the court determines that the person acted in good faith, the person may recover costs or disbursements under chapter 15-17 including reasonable attorney's fees. However, if the court determines that the person furnishing information, filing a report, or making a complaint did not act in good faith, the person who commenced the civil action may recover costs or disbursements under chapter 15-17 , including reasonable attorney's fees, from the person who did not act in good faith.

Source: SL 2017, ch 32, § 6.
S.D. Codified Laws § 3-13A-3.1 — SD Code / Title 3 / Chapter 13A / Section 3-13A-3.1
Month of member’s birth date
Status: in_force

For purposes of participation in the program, the first day of the month in which a member's birthday falls is the member's birthday.

Source: SL 2025, ch 27, § 135.
S.D. Codified Laws § 3-12C-504 — SD Code / Title 3 / Chapter 12C / Section 3-12C-504
Purchase of prior service credit--Calculation of amount due
Status: in_force

A current contributing member of the system may receive credited service by election to make, or have made on the member's behalf, contributions, based on the higher of the member's current compensation, or the member's final compensation calculated as if the member retired on the date of election, at an actuarially determined percentage times the member rate, for each year of service for which the member wishes to receive credit, if:

(1) The current contributing member of the system could have established credit for any South Dakota public service by making contributions under this chapter or any prior law; or

(2) The current contributing member was not permitted to establish credit for any South Dakota public service.

The amount of the credited service and the rate of contribution must be at class A rates, unless the service for which credit is sought was rendered as a class B member, in which case class B rates apply. If a participating unit has failed to pay any employer or member contribution to the system on behalf of a member, as required under this chapter or under any predecessor system consolidated pursuant to § 3-12C-1601 , the amount due the system must be calculated in accordance with this section.

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

Source: SL 1974, ch 35, § 40; SL 1977, ch 28, § 8; SL 1980, ch 31, § 4; SL 1984, ch 24, § 5; SL 1989, ch 38, § 16; SL 2002, ch 23, § 2; SL 2004, ch 39, § 1; SDCL § 3-12-83; SL 2019, ch 22, § 1; SL 2025, ch 27, § 35.
S.D. Codified Laws § 3-21-7 — SD Code / Title 3 / Chapter 21 / Section 3-21-7
No waiver of sovereign immunity
Status: in_force

Nothing in this chapter shall be deemed to waive the sovereign immunity of the public entities of the State of South Dakota or of their employees.

Source: SL 1986, ch 4, § 7.
S.D. Codified Laws § 3-13A-3 — SD Code / Title 3 / Chapter 13A / Section 3-13A-3
Special pay fund
Status: in_force

The South Dakota special pay fund is hereby established. All compensation transmitted to the fund pursuant to §§ 3-13A-1 to 3-13A-25 , inclusive, shall be deposited in the fund. Expenditures from the fund shall be paid on warrants drawn by the state auditor and supported by 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 . All money in the fund and all property and rights held by the fund shall be held in trust for the exclusive benefit of the participants at all times until made available to a participant or the participant's beneficiary. All benefits payable under this program shall be paid and provided for solely from the fund and a participating unit assumes no liability or responsibility therefor. Any trust under the program shall be established pursuant to a written agreement that constitutes a valid trust under the law of South Dakota.

Source: SL 2004, ch 43, § 3; SDCL § 3-12-167; SL 2005, ch 28, § 1; SL 2016, ch 31, § 55.
S.D. Codified Laws § 3-12C-701 — SD Code / Title 3 / Chapter 12C / Section 3-12C-701
Benefits only payable monthly--Lump-sum payments prohibited unless specified
Status: in_force

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

Source: SL 1967, ch 303, § 8; SDCL § 3-12-29; SL 1968, ch 216, § 1; SL 1970, ch 25, § 7; SL 1974, ch 35, § 66; SL 2017, ch 27, § 22; SDCL § 3-12-112 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-11-7 — SD Code / Title 3 / Chapter 11 / Section 3-11-7
Payment of employer's share for state employees--Payroll deductions of state employee's share--Disbursement
Status: in_force

The state auditor shall issue warrants upon the funds in the state treasury, hereinafter appropriated, for such amount as may be required to pay the employer's tax upon wages and salaries of all state employees and shall deduct from the wages and salaries of all state employees covered by this chapter, the amount required to pay the employee's tax under the federal old age and survivors insurance system. Such moneys shall be disbursed upon warrants issued by the state auditor pursuant to sworn vouchers executed by the administrator of the State Social Security and the Internal Revenue Service Division.

Source: SL 1951, ch 100, § 6; SDC Supp 1960, § 17.1205; SL 1980, ch 30, § 4; SL 2006, ch 16, § 2.
S.D. Codified Laws § 3-6E-8 — SD Code / Title 3 / Chapter 6E / Section 3-6E-8
State contributions to health plan--Crediting and disbursement
Status: in_force

The State of South Dakota shall either make a monthly contribution to the system or otherwise provide for the amount necessary to make payment to the system for the full single rate monthly health insurance premium or contribution for the plan with the lowest actuarial value for each plan-eligible employee. This amount shall be transmitted to the account of the state employees' benefits plan in the Office of the State Treasurer. The state treasurer, after making a record of the receipts, shall credit the plan with an amount equal to that remitted or otherwise provided. Costs beyond this amount for other plans offered by the state shall be paid by the employee through premiums. After the contribution has been assigned to the plan, the bureau shall disburse the contribution in accordance with this chapter and the rules promulgated pursuant to chapter 1-26 by the human resources commissioner.

Source: SL 2012, ch 23, § 70; SL 2019, ch 21, § 52; SL 2021, ch 22, § 3.
S.D. Codified Laws § 3-12C-1905 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1905
Reasonable and made in good faith
Status: in_force

Notwithstanding the other provisions of §§ 3-12C-1901 to 3-12C-1904 , 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, § 6.
S.D. Codified Laws § 3-9-1.1 — SD Code / Title 3 / Chapter 9 / Section 3-9-1.1
Mileage reimbursement--Private vehicle on state business--Available state vehicle--Approval--Exceptions
Status: in_force

If an Office of Fleet and Travel Management or a Department of Transportation pool motor vehicle is available within ten miles of an individual's place of residence or headquarters station, but the individual uses a privately owned vehicle instead for state business, the mileage reimbursement rate is forty-five percent of the standard mileage rate for business authorized by the United States Internal Revenue Service as of October first each year, rounded up to the nearest penny.

The Office of Fleet and Travel Management must approve mileage reimbursement paid at the rate set pursuant to § 3-9-1 if there are Office of Fleet and Travel Management or Department of Transportation pool motor vehicles available within ten miles of the individual's place of residence or headquarters station.

This section does not apply to elected officers, departmental secretaries, and chairs of state boards and commissions.

Source: SL 2024, ch 20, § 2; SL 2026, ch 3, § 7.
S.D. Codified Laws § 3-18-15 — SD Code / Title 3 / Chapter 18 / Section 3-18-15
Right of employee or representative to expression or communication of grievance not limited
Status: in_force

Nothing contained in this chapter shall be construed to limit, impair, or affect the right of any public employee or his or her representative to the expression or communication of a view, grievance, complaint, or opinion on any matter related to the conditions or compensation of public employment or their betterment, so long as the same is not designed to and does not interfere with the full, faithful, and proper performance of the duties of employment; nor shall it be construed to require any public employee to perform labor or services against his will.

Source: SL 1969, ch 88, § 7, subdiv 1.
S.D. Codified Laws § 3-13A-5 — SD Code / Title 3 / Chapter 13A / Section 3-13A-5
Transfer of special pay to fund upon termination of employment--Contribution limit
Status: in_force

Upon a participant's termination of employment, the participating unit shall transmit the gross amount of the participant's special pay to the fund. However, except to the extent permitted under § 414(v) of the code, if applicable, a contribution allocated to a participant's account under the program may not exceed the limitation for defined contribution plans pursuant to § 415(c)(1)(A) of the code, or one hundred percent of the participant's compensation, as identified in § 415(c)(3) of the code for the calendar year. For the purposes of the limitations under this section, all of the defined contribution plans of a participant's employer, whether terminated or current, shall be treated as a single defined contribution plan.

Source: SL 2004, ch 43, § 5; SL 2005, ch 27, § 2; SDCL § 3-12-169; SL 2005, ch 28, § 1; SL 2013, ch 22, § 3; SL 2019, ch 23, § 10.
S.D. Codified Laws § 3-6C-6 — SD Code / Title 3 / Chapter 6C / Section 3-6C-6
Vacation on retirement or resignation--Lump-sum payment option--Payment upon death
Status: in_force

An employee who retires or voluntarily resigns may terminate employment at the end of the employee's accrued vacation leave or receive a lump-sum payment for the unused vacation leave which has accrued as of the employee's final day on the payroll. An employee meeting the definition of a participant in subdivision 3-13A-2(7) shall have such lump-sum payment transmitted to the fund pursuant to the provisions of § 3-13A-5 . However, if the employee dies, payment for the accumulated vacation leave shall be paid according to §§ 3-8-8 to 3-8-11 , inclusive.

Source: SL 2012, ch 23, § 17; SL 2019, ch 21, § 6.
S.D. Codified Laws § 3-12C-1643 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1643
Members of cement plant retirement plan to be Class C members of system
Status: in_force

On April 1, 2014, all members of the cement plant retirement plan, including any retiree and any vested member, become Class C members of the system. The administration of retirement benefits for Class C members shall continue with the system.

Source: SL 2014, ch 21, § 3, eff. Apr. 1, 2014; SDCL § 3-12-218 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-13-104 — SD Code / Title 3 / Chapter 13 / Section 3-13-104
Automatic enrollment--Notices required
Status: in_force

Within fifteen days of the system's receipt of the automatic enrollee's initial deferral, the system shall provide notice to the automatic enrollee of the enrollee's right not to participate in the plan.

Within one year after an automatic enrollee's first compensation deferral and annually thereafter, the system shall provide notice to the automatic enrollee of the enrollee's right to amend the deferral amount and the enrollee's right to amend the choice of investment alternatives.

Source: SL 2025, ch 27, § 131.
S.D. Codified Laws § 3-1-9 — SD Code / Title 3 / Chapter 1 / Section 3-1-9
Falsely pretending to be public officer as misdemeanor
Status: in_force

Every person who shall falsely assume or pretend to be any public executive or administrative officer, or who shall knowingly take upon himself to act as such, or to require any person to act as such, or assist him in any matter pertaining to such office, is guilty of a Class 1 misdemeanor.

Source: PenC 1877, § 98; CL 1887, § 6298; RPenC 1903, § 103; RC 1919, § 3686; SDC 1939, § 13.1105; SL 1980, ch 24, § 31.
S.D. Codified Laws § 3-13-85 — SD Code / Title 3 / Chapter 13 / Section 3-13-85
Conflict of interest
Status: in_force

No employee of a participating employer and no spouse or dependent of the employee may act as or represent a third-party administrator or a vendor in a matter concerning the plan, except the State Investment Council and its employees may invest all or part of the fund.

Source: SL 2025, ch 27, § 112.
S.D. Codified Laws § 3-10-4 — SD Code / Title 3 / Chapter 10 / Section 3-10-4
Participation in tax-sheltered annuities authorized--Salary deductions
Status: in_force

The state and its political subdivisions and their employees may participate in tax - sheltered annuities or accounts, or both. The employees may authorize their employer to withhold a designated amount from their salary for a retirement annuity or accounts, or both, purchased for their benefit.

Source: SL 1963, ch 329; SL 1989, ch 35.
S.D. Codified Laws § 3-24-9 — SD Code / Title 3 / Chapter 24 / Section 3-24-9
Status update from board
Status: in_force

A person who has submitted information, a report, or complaint to the board pursuant to § 3-24-4 may request a status update from the board. The board shall respond in writing.

Source: SL 2017, ch 32, § 9.
S.D. Codified Laws § 3-13-56.6 — SD Code / Title 3 / Chapter 13 / Section 3-13-56.6
Employer contribution--System contribution--Vesting
Status: in_force

A participating employer or the system may make contributions to a participant's account on behalf of the participant, except during an automatic enrollee's ninety-day opt-out period, as provided for in § 3-13-100 . Any employer contributions must be pursuant to a written agreement, as provided for in § 3-13-49.1 . The agreement may require contributions by a participant in order to qualify for an employer contribution and may establish employer contribution rates that partially or fully match the participant's contributions.

The board may establish any system contributions. The board may require a contribution by a participant in order to qualify for a system contribution and may establish system contribution rates that partially or fully match the participant's contribution. Any employer contribution or system contribution vests immediately with the participant.

Source: SL 2025, ch 27, § 82.
S.D. Codified Laws § 3-11-21 — SD Code / Title 3 / Chapter 11 / Section 3-11-21
Recovery of delinquent payments from subdivisions with interest and penalty
Status: in_force

Delinquent payments with interest and penalty may be recovered by action in a court of competent jurisdiction against the political subdivision liable therefor or may, at the request of the administrator, be deducted from any other moneys payable to such political subdivision by any department or agency of the state. The interest rate shall be at a rate established by the administrator but shall not exceed the interest rate charged by the federal Social Security Administration for delinquent payment of contributions. For failure to make timely reporting of employee wages and payment of contributions, a delinquent political subdivision shall be assessed a late filing penalty in an amount as the administrator by rule may establish.

Source: SL 1951, ch 100, § 11; SDC Supp 1960, § 17.1210 (2); SL 1972, ch 21, § 1; SL 1980, ch 30, § 13; SL 2006, ch 16, § 2.
S.D. Codified Laws § 3-12C-1401 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1401
Reemployment of retired member--Separation of service required--Hiring procedures
Status: in_force

Except as provided in § 3-12C-1401.1 , a retired member's retirement is invalid if the member is reemployed by a participating unit unless the member's employment relationship with the initial participating unit has been terminated, as defined in this chapter and as required pursuant to Revenue Ruling 57-115 by the Internal Revenue Service, and the member has been separated from service for three consecutive calendar months after the member's effective date of retirement. The initial participating unit's system representative shall certify to the system that the termination of the employment relationship took place. In addition, any second participating unit shall subject the member to all proceedings and requirements associated with the hiring and employment of any new employee by the second participating unit, and that unit's system representative shall so certify to the system. If a single participating unit is both the member's initial participating unit and the member's second participating unit, the unit shall follow all termination procedures and all hiring procedures relative to the member as outlined by this section, and its chief executive officer, the officer's agent, or the chair of the unit's governing commission or board shall so certify.

Source: SL 2004, ch 38, § 6; SL 2010, ch 23, § 8, eff. Apr. 1, 2010; SL 2016, ch 31, § 14; SDCL § 3-12-81.1 ; SL 2019, ch 22, § 1; SL 2021, ch 29, § 2, eff. Apr. 1, 2021.
S.D. Codified Laws § 3-5-8 — SD Code / Title 3 / Chapter 5 / Section 3-5-8
Endorsement of approval of bonds
Status: in_force

The approval of official bonds shall in all cases be endorsed upon the bond and signed by the officer approving, or by the chairman of the board of county commissioners.

Source: PolC 1877, ch 5, § 8; CL 1887, § 1376; RPolC 1903, § 1793; RC 1919, § 7029; SDC 1939, § 48.0308.
S.D. Codified Laws § 3-12C-814 — SD Code / Title 3 / Chapter 12C / Section 3-12C-814
Employer information--Employment history and accommodations
Status: in_force

No application for disability benefits pursuant to § 3-12C-812 may be determined until the member's employer has submitted a completed form and supporting documentation that provides the member's position, usual duties of the position, any modifications or accommodations provided, and the member's employment history with the employer.

Source: SL 2014, ch 20, § 3; SDCL § 3-12-203; SL 2019, ch 22, § 1; SL 2024, ch 22, § 1.
S.D. Codified Laws § 3-12C-1208 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1208
Application for retirement benefit--Spouse signature required--Exceptions
Status: in_force

No retirement benefit may be paid unless the system has received a completed application for a retirement benefit, including the benefit option elected. The application must be made 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 is married is not required to obtain the signature of the member's spouse if the member submits a completed form, in which the member certifies, under the penalty of perjury, that the member is unable to obtain the signature of the member's spouse because:

(1) The member does not know where the member's spouse is and has made a good faith effort to locate the spouse; or

(2) Exceptional circumstances make it inappropriate for the member to obtain the signature of the member's spouse.

If the member is unable to obtain the signature of the member's spouse for either reason, the member must elect the sixty percent joint and survivor benefit pursuant to § 3-12C-1209 and provide documentation to support the assertion of subdivision (1) or (2) of this section.

Source: SL 2016, ch 32, § 11; SDCL § 3-12-510; SL 2019, ch 22, § 1; SL 2021, ch 27, § 4; SL 2024, ch 22, § 3; SL 2026, ch 24, § 2.
S.D. Codified Laws § 3-18-9 — SD Code / Title 3 / Chapter 18 / Section 3-18-9
Strike defined
Status: in_force

The word "strike" as used in this chapter shall mean the failure to report for duty, the willful absence from one's position, the stoppage of work, or the abstinence in whole or in part from the full, faithful and proper performance of the duties of employment by concerting action with others, and without the lawful approval of one's superior, or in any manner interfering with the operation of government of the State of South Dakota, the government of any of the political subdivisions thereof, the public schools or any authority, commission, board, or branch thereof, for the purpose of coercing a change in the conditions or compensation or the rights, privileges, or obligations of employment.

Source: SL 1969, ch 88, § 1, subdiv 2; SL 1970, ch 27, § 3.
S.D. Codified Laws § 3-13-69 — SD Code / Title 3 / Chapter 13 / Section 3-13-69
Participant election--Investments
Status: in_force

Each participant may elect to have deferrals invested in one or more of the investment alternatives selected by the state investment officer. A participant may change the election for future deferrals at any time.

Source: SL 2025, ch 27, § 96.
S.D. Codified Laws § 3-6E-19 — SD Code / Title 3 / Chapter 6E / Section 3-6E-19
State Cement Plant former employee life insurance benefits
Status: in_force

Responsibility for the administration and payment of life insurance plan benefits of former employees of the South Dakota State Cement Plant Commission is hereby transferred to the bureau.

Source: SL 2012, ch 23, § 81; SL 2019, ch 21, § 63.
S.D. Codified Laws § 3-12C-1511 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1511
Participant’s status as retiree
Status: in_force

For purposes of this chapter, a member of the system who has received payment of at least one monthly retirement benefit is a retiree, even if the member has returned to employment with a member unit, either with or without suspension of the retirement benefit.

Source: SL 2025, ch 27, § 61.
S.D. Codified Laws § 3-12C-307 — SD Code / Title 3 / Chapter 12C / Section 3-12C-307
Coverage of joint employees of participating and nonparticipating political subdivisions
Status: in_force

If a participating unit and a nonparticipating South Dakota political subdivision or public corporation agree to provide certain public services on a joint basis, they may agree to consider persons employed pursuant to the agreement as if they were solely employees of the participating unit for the exclusive purposes of the system created in this chapter. The total compensation paid a person because of the employment shall be considered compensation paid by the participating unit and services rendered by the person because of the employment shall be considered service rendered by the employee to the participating unit.

Source: SL 1973, ch 51, § 1; SDCL Supp, § 9-15-25.1; SL 1974, ch 35, § 26; SDCL § 3-12-68 ; SL 2019, ch 22, §§ 15, 45.
S.D. Codified Laws § 3-12C-205.1 — SD Code / Title 3 / Chapter 12C / Section 3-12C-205.1
Trustees--Filling a vacancy--Represented group defined
Status: in_force

The executive director must be notified of a vacancy on the board by the vacating trustee, by the trustee's participating unit's governing body, by the trustee's employer, or by any other trustee. Upon the executive director's receipt of notice, the procedure to fill the vacancy is as follows:

(1) The executive director shall notify all trustees of the vacancy;

(2) If circumstances permit, the executive director must ask the vacating trustee to recommend a replacement to serve in the trustee's stead;

(3) If the vacancy is for a trustee to serve on behalf of:

(a) An employer-represented group, the executive director must provide notice of the vacancy to the governing body of each participating unit affected by the vacancy and request the governing body's input in seeking a qualified candidate. The executive director shall solicit resumes of qualified individuals from governing bodies and interested individuals. The resumes must be submitted to the executive director. If a statewide association exists that is made up of members of the employer-represented group, the executive director must notify the association of the vacancy and request the association's input in seeking a qualified candidate; or

(b) An employee-represented group, the executive director must provide notice of the vacancy to all authorized agents for the group affected by the vacancy and request that all employees affected by the vacancy be notified of the vacancy. Any interested member of the represented group may submit a resume to the executive director. If a statewide association exists that is made up of members of the employee-represented group, the executive director must notify the association of the vacancy and request the association's input in seeking a qualified candidate;

(4) The executive director shall provide to each trustee a copy of each resume received; and

(5) At the next board meeting following a sufficient period of time to receive resumes, the board shall, by secret ballot, select a trustee from among the individuals who submitted resumes.

For purposes of this section, "represented group" means a group entitled to elect one or more trustees, pursuant to §§ 3-12C-203 and 3-12C-204 . The group to which a trustee belongs is determined from the records of the system.

Source: SL 2025, ch 27, § 14.
S.D. Codified Laws § 3-6C-18 — SD Code / Title 3 / Chapter 6C / Section 3-6C-18
Leave and other benefits--Promulgation of rules
Status: in_force

The commission may, pursuant to chapter 1-26 , promulgate rules to further define and administer the types of leave permitted to be taken as sick leave, vacation leave, paid family leave, and leave of absence, including the following: child care, jury duty, military service, maternity, and education and other fringe benefits.

Source: SL 2012, ch 23, § 29; SL 2019, ch 21, § 18; SL 2020, ch 17, § 6.
S.D. Codified Laws § 3-4-3 — SD Code / Title 3 / Chapter 4 / Section 3-4-3
Appointments to fill vacancies--By whom made
Status: in_force

All vacancies, except in the office of a member of the Legislature, representative in Congress, and United States Senator, shall be filled by appointment, as follows:

(1) The attorney general, secretary of state, state auditor, state treasurer, and commissioner of school and public lands, by the Governor with the advice and consent of the Senate. However, if a vacancy occurs in any of the offices listed in this subdivision while the Legislature is in recess, the Governor shall make a temporary appointment until the next session of the Legislature;

(2) In other state and district offices, and the Office of Supreme Court Justice and Circuit Judge, by the Governor;

(3) In county and precinct offices, by the board of county commissioners, except vacancies on such board;

(4) In civil township offices, by the board of supervisors or a majority of them, by warrant under their hands; and if a vacancy occurs from any cause in the foregoing board of appointment the remaining officers of such board shall fill any vacancy therein; and

(5) In special purpose districts, unless otherwise provided, by the remaining board of trustees.

Source: SDC 1939, § 48.0103; SL 1974, ch 153, § 1; SL 2002, ch 144, § 9; SL 2021, ch 21, § 1.
S.D. Codified Laws § 3-13-75 — SD Code / Title 3 / Chapter 13 / Section 3-13-75
Participant statements
Status: in_force

Each participant must be provided with a statement of the participant's account no later than forty-five days after the close of each plan quarter.

Source: SL 2025, ch 27, § 102.
S.D. Codified Laws § 3-12C-1607 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1607
Amount of benefits for justice or judge mandatorily retired
Status: in_force

Any justice of the Supreme Court or judge of the circuit court of this state who is automatically retired pursuant to the provisions of § 16-1-4.1 or 16-6-31 , or who, having reached age seventy, retired before January 7, 1975, and who has not fully qualified for retirement benefits as provided by this chapter shall nevertheless receive retirement benefits in the proportion that his or her total time served bears to fifteen years, or if the justice or judge has served in excess of fifteen years then receive full benefits.

Source: SL 1973, ch 133, § 3; SDCL Supp, § 16-8-9.3; SL 1974, ch 35, § 49; SDCL § 3-12-93 ; SL 2019, ch 22, §§ 39, 45.
S.D. Codified Laws § 3-8-1 — SD Code / Title 3 / Chapter 8 / Section 3-8-1
Constitutional officers to devote full time to office--Compensation limited to salaries--Businesses engaged in prior to taking office
Status: in_force

The Governor, justices of the Supreme Court, judges of the circuit courts, attorney general, secretary of state, state treasurer, state auditor, and commissioner of school and public lands shall devote full time to the duties of their respective offices and such officers shall not be entitled to, or authorized to take or receive for any of their official services any other compensation, emoluments, or perquisites than the salaries provided by law. Said constitutional state officers shall, however, be authorized to retain an interest in a business or occupation that said officer was engaged in prior to taking office, provided, however, that said business or occupation does not cause the creation of a benefit or the making of a profit directly or indirectly by the use of state moneys or using the same for a purpose not authorized by law.

Source: SL 1947, ch 241, § 6; SDC Supp 1960, § 48.0611; SL 1963, ch 288.
S.D. Codified Laws § 3-12C-1620 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1620
Retirement benefits for certain city of Aberdeen employees
Status: in_force

To determine the retirement benefits of Aberdeen ambulance attendants, campus security officers, and court services officers, for credited service earned prior to July 1, 1993, the benefits shall be calculated pursuant to § 3-12C-1106 and for credited service after June 30, 1993, the benefits shall be calculated pursuant to § 3-12C-1107 .

Source: SL 1993, ch 38, § 3; SDCL § 3-12-132 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-12C-812 — SD Code / Title 3 / Chapter 12C / Section 3-12C-812
Disability benefits eligibility
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 before becoming disabled, or was disabled by accidental means while performing usual duties for an employer, is eligible for disability benefits if the disability is expected to be of long, continued, and indefinite duration of at least one year and the member is disabled on the date the member's contributory service ends. 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.

Source: SL 2014, ch 20, § 1; SL 2016, ch 31, § 36; SDCL § 3-12-201 ; SL 2019, ch 22, §§ 28, 45.
S.D. Codified Laws § 3-22-12 — SD Code / Title 3 / Chapter 22 / Section 3-22-12
Fund created--Expenditures--Investment--Purchase of annuity in settlement of claim
Status: in_force

There is hereby created on March 1, 1987, the public entity pool for liability fund to be used to pay claims pursuant to this chapter and the personal services and operating expenses for the management and operation of the PEPL. Any money in the fund shall be continuously appropriated and expenditures shall be made on warrants drawn by the state auditor on vouchers approved by the director and commissioner of human resources and administration. The money in the fund shall be invested by the State Investment Council and the fund shall retain the interest earned. If the bureau determines to purchase an annuity in settlement of a claim, it may purchase an annuity approved by the State Investment Council.

Source: SL 1986, ch 413, § 13; SL 1995, ch 316, § 18; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 3-12C-1706 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1706
Benefits of conservation officers employed by Department of Game, Fish and Parks, Division of Custer State Park, and park rangers--Credited service
Status: in_force

To determine the retirement benefits of a conservation officer employed by the Department of Game, Fish and Parks, Division of Custer State Park, and a park ranger, for credited service earned prior to July 1, 1995, the benefits are calculated pursuant to § 3-12C-1106 . For credited service after June 30, 1995, the benefits are calculated pursuant to § 3-12C-1107 .

Source: SL 1995, ch 18, § 3; SDCL § 3-12-62.9; SL 2019, ch 22, § 1; SL 2025, ch 27, § 71.
S.D. Codified Laws § 3-12C-1201 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1201
Final average compensation defined for generational members
Status: in_force

For any generational member, the term, final average compensation, means the highest average annual compensation earned by a member during any period of twenty consecutive calendar quarters during the member's last forty calendar quarters of membership in the system.

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 twenty consecutive calendar quarters.

For any member who has less than twenty 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, § 3; SL 2017, ch 29, § 5; SDCL § 3-12-502 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-1A-2 — SD Code / Title 3 / Chapter 1A / Section 3-1A-2
Additions and corrections filed on assumption of elective state office
Status: in_force

Any person who assumes the Office of Governor, lieutenant governor, state treasurer, attorney general, secretary of state, state auditor, commissioner of school and public lands, Public Utilities Commissioner, Supreme Court justice, circuit court judge, or state legislator 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 § 12-25-28 or 12-25-29 .

Source: SL 1974, ch 121, § 5; SL 2017, ch 23, § 1; SL 2019, ch 20, § 1.
S.D. Codified Laws § 3-13A-22 — SD Code / Title 3 / Chapter 13A / Section 3-13A-22
Distribution from participant's account--Forms of distribution--Time for election
Status: in_force

A participant is entitled to receive a distribution from the participant's account upon written application to the executive director or third-party administrator. The participant may elect, on forms prescribed by the executive director or third-party administrator, the time distributions under the program are to commence by designating the month and year during which the first distribution is to be made. The 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 executive director or a third-party administrator.

The application and election shall be made prior to the time any amounts become payable. A participant or a beneficiary who has chosen a payment form may change that payment option, if no payment has yet been made, and subject to any administrative restrictions and charges established by the board.

Source: SL 2004, ch 43, § 21; SDCL § 3-12-185; SL 2005, ch 28, §1; SL 2016, ch 31, § 60.
S.D. Codified Laws § 3-12C-1633 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1633
Moneys from Mitchell firemen's fund--Considered member contributions
Status: in_force

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

Source: SL 1996, ch 28, § 5; SDCL § 3-12-157; SL 2019, ch 22, § 1; SL 2025, ch 27, § 66.
S.D. Codified Laws § 3-3-4 — SD Code / Title 3 / Chapter 3 / Section 3-3-4
Restrictions on removal of veteran from employment--Hearing and review--Burden of proof
Status: in_force

No person holding a public position by appointment or employment, and belonging to any of the classes of persons to whom a preference is granted pursuant to this chapter, may be removed from the position or employment unless replaced by another person of a class to whom such preference is granted. However, the person may be removed for incompetency or misconduct shown after a hearing, upon due notice, upon stated charges, and with the right of the employee or appointee to a review by writ of certiorari. The burden of proving incompetency or misconduct rests upon the party alleging the incompetency or misconduct.

Source: SL 1935, ch 188, §§ 5, 6; SL 1937, ch 227, § 2; SDC 1939, §§ 41.0505, 41.0506; SL 2010, ch 19, § 11.
S.D. Codified Laws § 3-6C-4 — SD Code / Title 3 / Chapter 6C / Section 3-6C-4
Vacation leave--Accrual and accumulation--Advanced leave
Status: in_force

Each permanent employee shall earn up to one hundred twenty hours vacation leave per full year of employment. A permanent employee with more than fifteen years employment shall earn up to one hundred sixty hours vacation leave per full year of employment. Vacation leave shall be accrued on an hourly, biweekly, semimonthly, or monthly basis as determined by the human resources commissioner. Vacation leave is cumulative only to the extent of that which may be earned in a period of time not exceeding two years of regular and continuous state employment. Vacation leave may not be advanced to an employee at any time.

Source: SL 2012, ch 23, § 15; SL 2019, ch 21, § 4; SL 2020, ch 17, § 1.
S.D. Codified Laws § 3-12C-1216 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1216
Early surviving spouse benefit for generational member's spouse
Status: in_force

A generational member's spouse who is eligible to receive a surviving spouse benefit at age sixty-seven may elect to start the benefit in the ten years preceding the spouse attaining the age of sixty-seven. The early surviving spouse benefit, payable for the life of the surviving spouse, is the surviving spouse benefit reduced by five percent for each full year and prorated for each additional full month between the date the early surviving spouse benefit commences and the date the surviving spouse attains the age of sixty-seven.

Source: SL 2016, ch 32, § 19; SDCL § 3-12-517 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-12C-703 — SD Code / Title 3 / Chapter 12C / Section 3-12C-703
COLA applied to benefits--COLA elimination
Status: in_force

The COLA payable must be applied annually to all benefits except those based on the member's accumulated contributions, variable retirement account, or contribution credit. The COLA must be eliminated for any period of time that a retired member reenters covered employment in the system, unless the member retired as a Class B public safety member and subsequently has reentered covered employment as a Class A member, or the member retired without a benefit suspension pursuant to § 3-12C-1402 , and then reentered active status before July 1, 2004. The elimination of the COLA must cease when the member again retires and draws either a refund or an additional retirement benefit.

Source: SL 1974, ch 35, § 44; SL 2004, ch 38, § 2; SL 2005, ch 26, § 1; SL 2017, ch 27, § 12; SDCL § 3-12-88; SL 2019, ch 22, § 1; SL 2021, ch 26, § 2; SL 2025, ch 27, § 41.
S.D. Codified Laws § 3-12C-603 — SD Code / Title 3 / Chapter 12C / Section 3-12C-603
Distribution by direct rollover--Promulgation of rules
Status: in_force

A member who elects to withdraw accumulated contributions, as provided for in § 3-12C-602 , or a member's surviving spouse or nonspouse beneficiary who receives a lump-sum payment pursuant to § 3-12C-409 , may receive the distribution directly. An eligible rollover distribution may be transferred by the system in a direct rollover to no more than one eligible retirement plan under § 401, 403(b), 408, 408A, or 457(b) of the Internal Revenue Code, as identified by a member or a member's surviving spouse if the individual so elects. A member's nonspouse beneficiary may transfer a portion or all of the member's account by rollover to an eligible plan under § 408 or 408A.

The board shall promulgate rules pursuant to chapter 1-26 , to comply with federal mandates regarding rollover distributions.

The system is not required to make an independent determination as to whether the plan identified by a member, surviving spouse, or nonspouse beneficiary qualifies as an eligible retirement plan. By electing a direct rollover and identifying the eligible retirement plan to which an eligible rollover distribution is to be made, a member, surviving spouse, or nonspouse beneficiary represents to the system that the identified plan qualifies as an eligible retirement plan. If a member, surviving spouse, or nonspouse beneficiary does not elect a direct rollover, the distribution must be issued in the name of, and directly to, that individual.

Source: SL 1993, ch 42, § 5; SL 1995, ch 24, § 17; SL 1998, ch 15, § 7; SL 2009, ch 20, § 2; SDCL § 3-12-76.3; SL 2019, ch 22, § 1; SL 2025, ch 27, § 39.
S.D. Codified Laws § 3-12C-822 — SD Code / Title 3 / Chapter 12C / Section 3-12C-822
Termination of disability benefits--Health care provider certification--Determination by executive director--Effective date
Status: in_force

A member's disability benefits terminate if the member is no longer disabled, as certified by a health care provider. Upon receipt of certification, the executive director shall determine whether the member meets the qualifications for disability benefits. In making this determination the executive director shall follow the same procedure used in making the initial determination of disability provided in § 3-12C-816 . A member's disability benefits must be suspended and subject to termination if the member refuses to undergo an examination or assessment requested by the disability advisory committee or the executive director.

If the executive director determines that the member no longer qualifies for disability benefits, the executive director must issue an order to terminate the member's benefits and send the order to the member's last known address through certified mail. The member's benefits terminate sixty days after the date the order is mailed to the member.

Source: SL 2014, ch 20, § 10; SL 2016, ch 31, § 40; SDCL § 3-12-210; SL 2019, ch 22, §§ 31, 45; SL 2026, ch 25, § 3.
S.D. Codified Laws § 3-12C-512 — SD Code / Title 3 / Chapter 12C / Section 3-12C-512
Acquisition of credited service for members mobilized into certain federal military service
Status: in_force

If a contributing member was mobilized into federal military service pursuant to the provisions of United States Code Title 10 after February 1, 2002, but prior to September 30, 2004, the member, after returning to active membership in the system, may acquire credited service at the rates in effect prior to July 1, 2004, for a period of two years after the member's release from such federal military service, the cost provisions of §§ 3-12C-504 , 3-12C-509 , and 3-12C-518 notwithstanding. All other provisions in regard to credited service acquisition apply.

Source: SL 2005, ch 25, § 1; SDCL § 3-12-84.3 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-13A-11 — SD Code / Title 3 / Chapter 13A / Section 3-13A-11
Investment alternatives--Transfer of account balances by participants
Status: in_force

Each participant may elect to have the participant's funds invested in one or more of the investment alternatives selected by the state investment officer pursuant to § 3-13A-9 . Subject to any limitations imposed by the executive director, a vendor, or a third-party administrator, a participant may elect to transfer any portion of the account balance from one offered investment alternative to another at any time, if notice is given to the executive director or the third-party administrator. Any costs associated with such a transfer shall be borne by the participant and shall be deducted from the participant's account. 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 executive director or third-party administrator may correct the error by transferring the participant's deferral to the proper investment alternative, subject to any limitations which may be imposed by the vendor. No retroactive adjustment may be made.

Source: SL 2004, ch 43, § 10; SDCL § 3-12-174; SL 2005, ch 28, § 1; SL 2016, ch 31, § 57.
S.D. Codified Laws § 3-12C-1601 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1601
Previous retirement systems consolidated--Purpose
Status: in_force

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, and South Dakota Public Employees Retirement System are hereby continued as a consolidated system known as the South Dakota Retirement System to provide an orderly means of continuing benefits of those already retired and those eligible to retire from the respective systems.

Source: SL 1967, ch 303, § 1; SDCL § 3-12-3; SL 1968, ch 216, § 1; SL 1974, ch 35, § 1; SL 1976, ch 39, § 4; SDCL § 3-12-46 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-12C-403.1 — SD Code / Title 3 / Chapter 12C / Section 3-12C-403.1
Monthly transmission of contributions--Reports--Date--Transmittal
Status: in_force

If a participating unit has at least one pay date in a month, the participating unit must prepare at least one contribution report for the month. If a participating unit has no pay date in a particular month, no report is required for the month.

Each report must be dated no later than the last day of the month being reported.

Each report must state any pay date and associated contributions for the month. The report and associated contributions must be transmitted to the system as provided for in § 3-12C-403 .

Source: SL 2025, ch 27, § 31.
S.D. Codified Laws § 3-6C-11 — SD Code / Title 3 / Chapter 6C / Section 3-6C-11
Use of sick pay or vacation pay to supplement workers' compensation
Status: in_force

If an injured permanent employee's workers' compensation benefits are not equal to the employee's salary, the employee may, notwithstanding any provision in § 3-6C-10 , use paid sick or vacation leave in an amount necessary to make up the difference between the employee's salary and the workers' compensation benefits.

Source: SL 2012, ch 23, § 22; SL 2019, ch 21, § 11.
S.D. Codified Laws § 3-18-2 — SD Code / Title 3 / Chapter 18 / Section 3-18-2
Rights relating to labor organizations--Designation of representatives--Discrimination against employees exercising rights as misdemeanor--Good faith negotiations--Intimidation
Status: in_force

Public employees shall have the right to form and join labor or employee organizations, and shall have the right not to form and join such organizations. Public employees shall have the right to designate representatives for the purpose of meeting and negotiating with the governmental agency or representatives designated by it with respect to grievance procedures and conditions of employment and after initial recognition by the employer, it shall be continuous until questioned by the governmental agency, labor or employee organization, or employees, pursuant to § 3-18-5 . It is a Class 2 misdemeanor to discharge or otherwise discriminate against an employee for the exercise of such rights, and the governmental agency or its designated representatives shall be required to meet and negotiate with the representatives of the employees at reasonable times in connection with such grievance procedures and conditions of employment. The negotiations by the governmental agency or its designated representatives and the employee organization or its designated representatives shall be conducted in good faith. Such obligation does not compel either party to agree to a proposal or require the making of a concession but shall require a statement of rationale for any position taken by either party in negotiations. It shall be unlawful for any person or group of persons, either directly or indirectly to intimidate or coerce any public employee to join, or refrain from joining, a labor or employee organization.

Source: SL 1969, ch 88, § 7, subdiv 2; SL 1970, ch 26, § 1; SL 1973, ch 31; SL 1974, ch 33; SL 1980, ch 24, § 48.
S.D. Codified Laws § 3-24-5 — SD Code / Title 3 / Chapter 24 / Section 3-24-5
Referral to Division of Criminal Investigation--Referral to state's attorney or attorney general
Status: in_force

The board may refer any information, report, or complaint it receives to the Division of Criminal Investigation for investigation. If, based on the information, report, or complaint, the board has reasonable cause to believe that a crime has been committed, the matter shall be referred to the Division of Criminal Investigation. If the Division of Criminal Investigation has cause to believe that a law has been violated, the division shall refer the matter to a state's attorney or the attorney general for prosecution. If an investigation does not reveal sufficient facts to support a criminal prosecution, the Division of Criminal Investigation shall refer the matter back to the board for the board's consideration. If the Division of Criminal Investigation determines that the information, report, or complaint is frivolous, it shall communicate this determination to the board in writing and the board may close the matter.

Source: SL 2017, ch 32, § 5.
S.D. Codified Laws § 3-18-14 — SD Code / Title 3 / Chapter 18 / Section 3-18-14
Injunctive relief in case of strike
Status: in_force

The governing boards of the state and its political subdivisions may apply for injunctive relief in circuit court immediately upon the existence of a strike or related activities, and the state's attorney of every county shall have the same duty and enforcement of the chapter.

Source: SL 1969, ch 88, § 6; SL 1973, ch 32.
S.D. Codified Laws § 3-12C-1639 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1639
Moneys from Huron firemen's fund--Considered member contributions
Status: in_force

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

Source: SL 1998, ch 22, § 5; SDCL § 3-12-163; SL 2019, ch 22, § 1; SL 2025, ch 27, § 67.
S.D. Codified Laws § 3-12C-802 — SD Code / Title 3 / Chapter 12C / Section 3-12C-802
Disability documentation inadmissible for proceedings relative to workers' compensation
Status: in_force

An application for disability benefits pursuant to this chapter, any associated evidence and documents, and the disability determination and decision related thereto shall be inadmissible and nondeterminative for any associated proceeding relative to Title 62.

Source: SL 1995, ch 23, § 3; SDCL § 3-12-142 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-12C-1638 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1638
Amount of payment to system by City of Huron
Status: in_force

The city of Huron shall pay to the system an amount equal to the present value of all benefits earned by the members described in § 3-12C-1635 up to July 1, 1998, multiplied by the funding ratio set forth in the valuation of the actuarial requirements and financial condition of the system as of June 30, 1998. That amount shall be calculated as of the close of business on June 30, 1998, by the system's actuary. Any amount to be paid to the system by the city of Huron which exceeds the value of the assets of the city of Huron firemen pension fund, calculated as of the date of transfer of such assets, may be paid in periodic installments as provided in § 3-12C-308 .

Source: SL 1998, ch 22, § 4; SDCL § 3-12-162 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-6D-20 — SD Code / Title 3 / Chapter 6D / Section 3-6D-20
Prohibited conduct by applicants--Misdemeanor
Status: in_force

An applicant for a civil service position may not:

(1) Directly or indirectly give, render, or pay, or promise to give, render, or pay any money, service, or other thing to any person, for or on account of, or in connection with an examination, appointment, or proposed appointment; or

(2) Submit, with the intent to deceive, any false application, credential, test, or examination to a hiring authority for the purpose of obtaining any appointment or proposed appointment or promotion.

A violation of this section is a Class 1 misdemeanor.

Source: SL 2012, ch 23, § 57; SL 2019, ch 21, § 42.
S.D. Codified Laws § 3-6F-5 — SD Code / Title 3 / Chapter 6F / Section 3-6F-5
Promulgation of rules
Status: in_force

(1) Listing of positions whose primary duty includes patient or resident care or supervision; safety-sensitive positions; and positions at the Department of Public Safety, Division of Wildland Fire, whose duties include firefighting;

(2) Substances to be screened;

(3) Drug screening procedures;

(4) Procedures for collecting, analyzing, and evaluating test samples;

(5) Confidentiality of testing procedures;

(6) Referral for education or treatment; and

(7) Consequences that may result from valid positive test results or from failure to submit to a test.

Source: SL 2012, ch 23, § 87; SL 2019, ch 21, § 66; SL 2020, ch 19, § 1; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 61, eff. Apr. 19, 2021.
S.D. Codified Laws § 3-1A-6 — SD Code / Title 3 / Chapter 1A / Section 3-1A-6
Violation as misdemeanor or petty offense
Status: in_force

Any person who violates any of the provisions of this chapter commits a petty offense. However, any person who intentionally violates any provision of this chapter is guilty of a Class 2 misdemeanor.

Source: SL 1974, ch 121, § 11; SL 1980, ch 24, § 32; SL 2010, ch 19, § 4.
S.D. Codified Laws § 3-13A-19 — SD Code / Title 3 / Chapter 13A / Section 3-13A-19
Trustee-to-trustee transfer of participant's account to government 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 code, a participant may transfer a portion or all of the participant's account in the program by trustee-to-trustee transfer to the government defined-benefit retirement plan.

Source: SL 2004, ch 43, § 18; SDCL, § 3-12-182; SL 2005, ch 28, § 1.
S.D. Codified Laws § 3-3-3 — SD Code / Title 3 / Chapter 3 / Section 3-3-3
Mandamus available to enforce veterans' preference
Status: in_force

A refusal to allow the preference provided for in this chapter, or a reduction of the salary for the position with intent to bring about the resignation or discharge of the incumbent, entitles the applicant or incumbent to maintain an action of mandamus to right the wrong.

Source: SL 1935, ch 188, § 4; SDC 1939, § 41.0504; SL 2010, ch 19, § 10.
S.D. Codified Laws § 3-12C-1404 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1404
Reduction of retirement benefit during reemployment for members who reentered employment between July 1, 2004 and April 1, 2010--Benefit upon subsequent retirement
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 on or after July 1, 2004, but before April 1, 2010, the member's monthly retirement benefit must be reduced by fifteen percent and the COLA must be eliminated throughout the period that the member reenters covered employment. If the member remains in reemployment for at least three years pursuant to the provisions of § 3-12C-1403 , the member upon subsequent retirement must receive an additional benefit based upon the member's credited service and final average 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. If the member remains in reemployment for a period of less than three years, the member upon subsequent retirement must receive a refund of the member's accumulated contributions. No matter the duration of the member's reemployment, the COLA applied to the original benefit pursuant to § 3-12C-703 must be eliminated for the period of reemployment.

Source: SL 2004, ch 38, § 4; SL 2010, ch 20, § 13; SL 2010, ch 23, § 7, eff. Apr. 1, 2010; SL 2017, ch 27, § 21; SDCL § 3-12-111.1; SL 2019, ch 22, § 1; SL 2021, ch 26, § 6; SL 2022, ch 15, § 10.
S.D. Codified Laws § 3-5-14 — SD Code / Title 3 / Chapter 5 / Section 3-5-14
Local government purchase of bonds or insurance coverage for faithful performance of officials and employees
Status: in_force

The governing board of any political subdivision of this state, may purchase a blanket bond, blanket crime coverage, an insurance policy, or an individual bond, issued to the political subdivision as the insured, covering the faithful performance of each officer, member, and employee. If the governing board purchases a blanket bond, blanket crime coverage, or an insurance policy that is equal to or exceeds the individual bond requirements established in law, no officer, member, and employee of the political subdivision is required to furnish an individual bond to qualify for office. Blanket coverage may not be less than the total coverage of all individual bonds purchased for the year prior to January 1, 2015.

Source: SL 2015, ch 23, § 1.
S.D. Codified Laws § 3-11-3 — SD Code / Title 3 / Chapter 11 / Section 3-11-3
Division in state auditor's office
Status: in_force

There is hereby created a State Social Security and the Internal Revenue Service Division in the office and under the direction of the state auditor.

Source: SL 1951, ch 100, § 12; SL 1953, ch 86; SDC Supp 1960, § 17.1211 (1); SL 1980, ch 30, § 2.
S.D. Codified Laws § 3-6D-19 — SD Code / Title 3 / Chapter 6D / Section 3-6D-19
Records of administrative costs--Billing of agencies
Status: in_force

The human resources commissioner shall maintain accurate records reflecting the costs of administering the provisions of this chapter. The human resources commissioner shall summarize the cost and shall bill each department, office, institution, or bureau for a pro rata share of the administrative cost.

Source: SL 2012, ch 23, § 56; SL 2019, ch 21, § 41.
S.D. Codified Laws § 3-2-4 — SD Code / Title 3 / Chapter 2 / Section 3-2-4
Bond required of deputies and assistants
Status: in_force

Unless otherwise expressly provided, each officer required to give bond may require a bond from the officer's deputy or assistant in a penal sum not greater than half the penal sum of the officer's own bond. The officer may retain the deputy's or assistant's bond for the officer's own protection.

Source: SL 1872-3, ch 49, § 1; SL 1874-5, ch 27, § 37; PolC 1877, ch 6, § 1; CL 1887, § 1397; SL 1891, ch 108, § 1; RPolC 1903, § 1816; RC 1919, § 7045; SDC 1939, § 48.0401; SL 2010, ch 19, § 7.
S.D. Codified Laws § 3-13-57.3 — SD Code / Title 3 / Chapter 13 / Section 3-13-57.3
Roth contribution program--Political subdivision participation
Status: in_force

Any political subdivision that participates in the system, as provided for in chapter 3-12C , or participates in a previously established retirement plan, as provided for in § 3-12C-304 , is a participating employer in the plan.

Source: SL 2025, ch 27, § 89.
S.D. Codified Laws § 3-6C-27 — SD Code / Title 3 / Chapter 6C / Section 3-6C-27
Reporting improper governmental conduct or crime--Definitions
Status: in_force

Terms used in §§ 1-56-11 and 3-6C-27 to 3-6C-31 , inclusive, mean:

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

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

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

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

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

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

(b) Fraud; or

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

(6) "Reasonable cause," a sufficient reason, based on known facts, to assume something is true;

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

(8) "Required report," a report required in accordance with § 3-6C-28 and pertaining to improper governmental conduct or a crime;

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

(10) "State employee," a full-time, part-time, seasonal, or temporary employee of any state agency; and

(11) "Supervisor," a state employee with supervisory authority over one or more state employees.

Source: SL 2025, ch 25, § 2.
S.D. Codified Laws § 3-12C-213 — SD Code / Title 3 / Chapter 12C / Section 3-12C-213
Grievance procedure--Hearing request--Deadline--Contested case
Status: in_force

Any individual aggrieved by an order of the executive director issued pursuant to this chapter and chapters 3-13 and 3-13A may, in writing, request a contested case hearing before the executive director, if that individual believes that the order is based upon a mistake of fact or error of law.

The written hearing request must be received by the executive director within sixty days from the date the order was mailed to the individual by certified mail and must contain a statement indicating the portion of the order being contested and the mistake of fact or error of law that the individual believes resulted in an invalid order. If a written request for hearing is not received by the executive director within sixty days from the date the order was mailed by certified mail to the individual, then no court has jurisdiction over a suit to contest the order.

For purposes of this section, if a written request for hearing is sent by United States mail, the date of the postmark placed by the United States postal service is the date received by the executive director.

A hearing under this section and any subsequent appeal must occur in accordance with chapters 1-26 and 1-26D .

Source: SL 2008, ch 22, § 1; SL 2016, ch 31, § 4; SL 2018, ch 33, § 8; SDCL § 3-12-57.1; SL 2019, ch 22, § 1; SL 2026, ch 23, § 1.
S.D. Codified Laws § 3-9-5.2 — SD Code / Title 3 / Chapter 9 / Section 3-9-5.2
Authorization of out-of-state travel by employees delegated by Board of Regents
Status: in_force

The Board of Regents, under policy and procedures developed for such purpose, shall delegate to its executive director and to the head of each institution or other responsible officer, the authority to grant written consent to employees of each institution to incur traveling and personal expenditures for travel outside the boundaries of this state.

Source: SDC 1939, § 48.0604 (2) as added by SL 1964, ch 150; SDCL, § 3-9-6 ; SDC 1939, § 48.0604 (3) as enacted by SL 1968, ch 194; SL 1970, ch 23, § 1; SL 1985, ch 23.
S.D. Codified Laws § 3-12C-212 — SD Code / Title 3 / Chapter 12C / Section 3-12C-212
Membership, refund, or benefit applications
Status: in_force

An application for membership, a refund of the member's accumulated contributions, or any benefit must be made to the executive director on a form approved by the system.

Source: SL 1974, ch 35, § 14; SL 2016, ch 31, § 3; SDCL § 3-12-56; SL 2019, ch 22, §§ 12, 45; SL 2021, ch 27, § 1; SL 2025, ch 30, § 1.
S.D. Codified Laws § 3-17-15 — SD Code / Title 3 / Chapter 17 / Section 3-17-15
Compensation of acting state's attorney or sheriff
Status: in_force

The county in which an attorney is temporarily appointed state's attorney or a person is temporarily appointed sheriff shall pay such appointee for his services and expenses in an amount determined and fixed by the Governor and certified to the county auditor of the affected county.

Source: SL 1985, ch 28, § 4.
S.D. Codified Laws § 3-12C-709 — SD Code / Title 3 / Chapter 12C / Section 3-12C-709
Duplicate benefits prohibited unless from another member's contributions
Status: in_force

No person shall be entitled to receive a benefit provided under more than one provision of this chapter at one time, unless such benefit is derived from the contributions of another member.

Source: SL 1974, ch 35, § 63; SL 1977, ch 28, § 13; SDCL § 3-12-109 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-12C-1641 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1641
Election by municipality of Sioux Falls to be participating unit
Status: in_force

Notwithstanding the provisions of § 3-12C-306 , any employee of the municipality of Sioux Falls who begins working after June 30, 2013, as a full-time employee shall be a member of the system if the municipality of Sioux Falls elects to be a participating unit by a duly passed resolution of its governing body.

Source: SL 2013, ch 19, § 1; SL 2016, ch 31, § 8; SDCL § 3-12-67.1 ; SL 2019, ch 22, § 1; SL 2021, ch 29, § 14, eff. Apr. 1, 2021.
S.D. Codified Laws § 3-12C-102 — SD Code / Title 3 / Chapter 12C / Section 3-12C-102
Actuarial equivalent defined--Calculation--Assumptions public record
Status: in_force

For purposes of this chapter, "actuarial equivalent" means a benefit of equal value, computed on the basis of the interest rate, mortality, and baseline COLA assumptions adopted by the board for purposes of the actuarial valuation. If the board adopts a select and ultimate rate of interest, the interest rate is the ultimate rate. Mortality is based on a unisex rate that is fifty percent male and fifty percent female for employees and beneficiaries, based on the mortality rates for retired employees and beneficiaries, including, if the board adopts a generational mortality table, a generational projection of mortality improvement with the member's and beneficiary's ages as of the date of the calculation assumed to be in the calendar year in which the plan year containing the date of the calculation begins. If the board adopts distinct mortality tables for the different categories of retired members or beneficiaries, the mortality rates must be based on a weighted blend of the tables with the weighting based on the percentage of accrued benefits for each category of members as the actuarial valuation immediately preceding the date of adoption of the mortality tables. The system must make the interest rate, mortality, and baseline COLA assumptions public.

Source: SL 2016, ch 32, § 51; SL 2017, ch 27, § 6; SDCL § 3-12-47.5; SL 2019, ch 22, § 1; SL 2023, ch 16, § 2; SL 2025, ch 27, § 2.
S.D. Codified Laws § 3-13-97 — SD Code / Title 3 / Chapter 13 / Section 3-13-97
Start of automatic escalation for automatic enrollment unit--Notice required
Status: in_force

An automatic enrollment unit may elect to commence automatic escalation in either January or July. Automatic escalation commences the January or July immediately after the automatic enrollment unit's decision is delivered in writing to the system, as long as notice of the decision is received no later than September fifteenth for a January start or March fifteenth for a July start. If the notice of the unit's decision is received after those dates, automatic escalation commences the following January or July, as elected by the unit.

Source: SL 2025, ch 27, § 124.
S.D. Codified Laws § 3-14-3 — SD Code / Title 3 / Chapter 14 / Section 3-14-3
Refusal to surrender official seal, books, or papers as misdemeanor
Status: in_force

Every person who, having been an executive officer of this state, wrongfully refuses to surrender the official seal or any of the books and papers appertaining to his office, to his successor, who has been duly elected or appointed, and has duly qualified, and has demanded the surrender of the books and papers of such office, is guilty of a Class 2 misdemeanor.

Source: PenC 1877, § 112; CL 1887, § 6312; RPenC 1903, § 117; RC 1919, § 3700; SDC 1939, § 13.1104; SL 1980, ch 24, § 42.
S.D. Codified Laws § 3-9-17 — SD Code / Title 3 / Chapter 9 / Section 3-9-17
Withholding from payments to employee not accounting for travel advance
Status: in_force

The state auditor or the business manager of a state institution not on central payroll is authorized to withhold an amount not to exceed the total amount of travel expense advanced from any moneys due a person who fails to comply with § 3-9-15 or § 3-9-16 .

Source: SL 1974, ch 45, § 5; SL 1975, ch 37, § 3.
S.D. Codified Laws § 3-20-6 — SD Code / Title 3 / Chapter 20 / Section 3-20-6
Effect of other reduced tuition benefits
Status: in_force

No benefits may accrue under this chapter if a state employee is entitled to other reduced tuition benefits by law.

Source: SL 1986, ch 28, § 6.
S.D. Codified Laws § 3-6F-2 — SD Code / Title 3 / Chapter 6F / Section 3-6F-2
Solicitation for employment--Notice of drug screening program requirements
Status: in_force

Any printed public announcement or advertisement soliciting applications for the positions listed in § 3-6F-1 shall include a statement of the requirements of the drug screening program.

Source: SL 2012, ch 23, § 84.
S.D. Codified Laws § 3-13A-21 — SD Code / Title 3 / Chapter 13A / Section 3-13A-21
Rollover transfer of participant's account in another plan
Status: in_force

To the extent permitted by law, a participant may transfer a portion or all of the participant's account in another plan which is eligible under § 401(a), 403(b), 408, or 457 of the code into this program by rollover. The program shall account for such amounts separately.

Source: SL 2004, ch 43, § 20; SDCL, § 3-12-184; SL 2005, ch 28, § 1.
S.D. Codified Laws § 3-8-13 — SD Code / Title 3 / Chapter 8 / Section 3-8-13
Longevity pay for state employees
Status: in_force

Any state employee who is employed in a position that is eligible for longevity pay and has at least seven years of employment with the State of South Dakota is entitled to longevity compensation. The longevity compensation for years of employment seven to ten, inclusive, is one hundred dollars. The longevity compensation for years of employment eleven to fourteen, inclusive, is equal to ten dollars per year of employment until the fifteenth year of service at which time the longevity pay shall be equal to fifteen dollars per year of service. Longevity pay shall increase at five dollar increments thereafter for each additional five years of employment. The longevity compensation may not be affected by any other compensation and classification plan except that the longevity compensation shall be distributed in the same manner and form as prescribed in § 3-8-6 . Longevity compensation is payable annually in one lump sum. Any employee due any portion of the employee's longevity payment upon retirement and meeting the definition of a participant as set out in subdivision 3-13A-2 (8) shall have any such lump-sum payment transmitted to the fund pursuant to the provisions of § 3-13A-5 . The commissioner of human resources and administration shall promulgate rules pursuant to chapter 1-26 to determine the state employee position categories that are eligible for longevity pay, the criteria for payment for prior years of service, the date for payment, and the type of service that may be used to calculate longevity. The only employees of the Board of Regents eligible for longevity pay are those nonfaculty permanent full-time employees who are customarily employed for twenty hours or more a week at least six months a year.

Any agent, patrolman, or employee of the Division of Highway Patrol of the Department of Public Safety may elect to receive longevity pay under this section or under § 32-2-10 , but may not receive longevity pay under both provisions at the same time.

Source: SL 1990, ch 32, § 1; SL 1991, ch 34; SL 1995, ch 16; SL 2003, ch 272 (Ex. Ord. 03-1), § 21; SL 2004, ch 43, § 27; SL 2012, ch 23, § 94; SL 2024, ch 1 (Ex. Ord. 24-1), §§ 13, 35, eff. Apr. 8, 2024.
S.D. Codified Laws § 3-12C-1610 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1610
Contract for purchase of service for Board of Regents
Status: in_force

The Board of Regents shall enter into a contractual agreement with the Board of Trustees on the same basis as a new participating unit for purchase of a maximum of twenty years of service prior to April 1, 1964, pursuant to the provisions of § 3-12C-308 and subject to the provisions of § 3-12C-1611 .

Source: SL 1975, ch 38, § 3; SDCL § 3-12-69.3 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-13-56.8 — SD Code / Title 3 / Chapter 13 / Section 3-13-56.8
Designation of beneficiary--Distribution on death
Status: in_force

A participant may designate a beneficiary to receive the participant's benefits under the plan in case of the death of the participant.

If the beneficiary does not survive the participant or if no beneficiary is designated, the participant's benefits are paid as follows:

(1) To the participant's surviving spouse;

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

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

Source: SL 2025, ch 27, § 84.
S.D. Codified Laws § 3-12C-1114 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1114
Surviving spouse benefit--Retired foundation member--Effective dates
Status: in_force

Upon the death of any foundation member who has reached normal retirement age or who has retired with a benefit payable from the system, the surviving spouse is eligible to receive a benefit, payable in monthly installments, equal to sixty percent of the retirement benefit that the foundation member was receiving or was eligible to receive at the time of death. The surviving spouse benefit of a spouse of a retiree is effective the first day of the month following the death of the member and is payable upon the receipt of a completed application. The surviving spouse benefit of a spouse of a member who had reached normal retirement age, but had not begun a retirement benefit, is effective the first day of the month following the date on which the member's contributory service terminates and is payable upon the receipt of a completed application.

Source: SL 1967, ch 303, § 9 as added by SL 1968, ch 216, § 1; SDCL Supp, § 3-12-29.2; SL 1970, ch 25, § 8; SL 1974, ch 35, § 50; SL 1999, ch 16, § 1; SL 2016, ch 32, § 40; SDCL § 3-12-94; SL 2019, ch 22, § 1; SL 2020, ch 15, § 3; SL 2025, ch 27, § 51.
S.D. Codified Laws § 3-4-7 — SD Code / Title 3 / Chapter 4 / Section 3-4-7
Qualification by persons appointed to fill vacancies
Status: in_force

Persons appointed to offices as herein provided shall qualify in the same manner as is required of those elected, the time of which shall be prescribed in their appointment.

Source: SL 1864-5, ch 12, § 6; PolC 1877, ch 22, § 12; CL 1887, § 1396; RPolC 1903, § 1815; RC 1919, § 7021; SDC 1939, § 48.0107.
S.D. Codified Laws § 3-6C-23 — SD Code / Title 3 / Chapter 6C / Section 3-6C-23
Appointing authority to have exclusive authority over final selection of employees
Status: in_force

Each appointing authority shall have exclusive authority to make the final selection of employees in the authority's respective department, bureau, division, and institution.

Source: SL 2012, ch 23, § 34.
S.D. Codified Laws § 3-1-10 — SD Code / Title 3 / Chapter 1 / Section 3-1-10
Definitions
Status: in_force

The terms "office," "officer," "executive," and "administrative," when used in § 3-1-8 or 3-1-9 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, § 13; SL 1992, ch 60, § 2.
S.D. Codified Laws § 3-12C-1632 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1632
Amount of payment to system by city of Mitchell
Status: in_force

The city of Mitchell shall pay to the system an amount equal to the present value of all benefits earned by the members described in § 3-12C-1629 up to July 1, 1996, multiplied by the funding ratio set forth in the valuation of the actuarial requirements and financial condition of the system as of June 30, 1996. That amount shall be calculated as of the close of business on June 30, 1996, by the system's actuary. Any amount to be paid to the system by the city of Mitchell which exceeds the value of the assets of the city of Mitchell firemen's pension plan, calculated as of the date of transfer of such assets, may be paid in periodic installments as provided in § 3-12C-308 .

Source: SL 1996, ch 28, § 4; SDCL § 3-12-156 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-12C-1206 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1206
Normal retirement benefit for generational members for Class B credited service as justice, judge, or magistrate judge
Status: in_force

Upon retirement, a generational member shall receive a normal retirement benefit, commencing at normal retirement age or thereafter, equal to three and three hundred thirty-three thousands percent of final average compensation for the first fifteen years of Class B credited service as a justice, judge, or magistrate judge and two percent of final average compensation for each year of Class B credited service as a justice, judge, or magistrate judge in excess of fifteen years.

Source: SL 2016, ch 32, § 8; SDCL § 3-12-507 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-12C-1002 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1002
Extension of survivor protection option to current contributing members--Limitation on future extensions
Status: in_force

The additional survivor protection option granted under § 3-12C-1001 is hereby extended to all current contributing members of the system for a period of three months commencing October 1, 1990, and ending December 31, 1990. In no event may the additional survivor protection be made available to a terminated vested member or to a member receiving a retirement benefit from the system. However, the additional survivor protection option may not be so extended again at any time after June 30, 2004.

Source: SL 1982, ch 32, § 7; SL 1986, ch 39; SL 1990, ch 39; SL 2004, ch 41, § 2; SL 2017, ch 27, § 16; SDCL § 3-12-104.1 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-6C-30 — SD Code / Title 3 / Chapter 6C / Section 3-6C-30
Reporting improper governmental conduct or crime--Written policy--Notification
Status: in_force

Each state agency shall adopt a written policy on reporting improper governmental conduct and crime and submitting records evidencing the improper governmental conduct or crime. Each state agency shall notify and inform state employees of the obligations and protections set forth in the provisions of §§ 1-56-11 , 3-6C-28 , and 3-6C-29 .

Source: SL 2025, ch 25, § 5.
S.D. Codified Laws § 3-6C-3 — SD Code / Title 3 / Chapter 6C / Section 3-6C-3
Temporary, patient, and student employees' holiday compensation
Status: in_force

A temporary, patient, or student employee, as defined by rules promulgated by the commission pursuant to chapter 1-26 , may not receive any compensation for any holiday as defined in § 1-5-1 . However, the employee shall be compensated for any hours actually worked on holidays.

Source: SL 2012, ch 23, § 14; SL 2019, ch 21, § 3.
S.D. Codified Laws § 3-8-8 — SD Code / Title 3 / Chapter 8 / Section 3-8-8
Accrued compensation payable to spouse and children of deceased employee if estate exempt from creditors' claims
Status: in_force

It shall be lawful for the disbursing officers of the state or any of its political subdivisions to pay, or cause to be paid, any lawful claim for salaries, wages, compensation, fees, and expenses due from the state or any of its political subdivisions to any deceased employee thereof, to the spouse or minor children of such employee. Provided, that such claim for salaries, wages, compensation, fees, or expenses has accrued within sixty days prior to the death of such deceased employee. The provisions of this section shall apply only in cases where such deceased employee died possessed of no property, real or personal, except such as is exempt from claims of the creditors of such deceased employee.

Source: SL 1953, ch 491, §§ 1, 2; SDC Supp 1960, § 55.2919 (1), (2).
S.D. Codified Laws § 3-13-56.1 — SD Code / Title 3 / Chapter 13 / Section 3-13-56.1
Enrollment--Effective date--Deferral
Status: in_force

An eligible employee may become a participant by signing a participation agreement.

Participation is effective on the first available pay date following the execution of the participation agreement, subject to the timing of payroll processing by the participant’s employer. If a participation agreement is untimely filed for a change to be made effective for the next following pay period, the change is effective in the subsequent pay period. If a new employee signs and files a participation agreement on the employee's date of hire, the agreement may become effective immediately.

The plan may not accept any deferrals unless a signed participation agreement is on file in the office of the executive director or the third-party administrator.

Source: SL 2025, ch 27, § 77.
S.D. Codified Laws § 3-12C-1214 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1214
Surviving spouse benefit--Generational member dying after normal retirement age but before start of benefit--Amount of benefit
Status: in_force

Upon the death of a generational member who was vested or died while performing usual duties for the employer and who has reached normal retirement age but has not yet begun a retirement benefit, a surviving spouse is eligible to receive a surviving spouse benefit. The surviving spouse benefit is equal to sixty percent of the actuarially reduced amount the member would have received if the member retired on the date of death and elected the sixty percent joint and survivor benefit. The annual benefit shall be divided into monthly payments and is payable for the life of the surviving spouse. The surviving spouse benefit is effective the first day of the month following the date on which the member's contributory services terminates and is payable upon receipt of a completed application.

Source: SL 2016, ch 32, § 17; SDCL § 3-12-515; SL 2019, ch 22, § 1; SL 2020, ch 15, § 6.
S.D. Codified Laws § 3-12C-1113 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1113
Effective date of retirement benefit of foundation member--Last payment--Retroactive retirement benefits
Status: in_force

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

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

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

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

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

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

Source: SL 1967, ch 303, § 7; SDCL § 3-12-27; SL 1968, ch 216, § 1; SDCL Supp, § 3-12-25; SL 1970, ch 25, § 5; SL 1974, ch 35, § 46; SL 1978, ch 32, § 4; SL 1993, ch 42, § 4; SL 2016, ch 32, § 35; SDCL § 3-12-90 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-6E-10 — SD Code / Title 3 / Chapter 6E / Section 3-6E-10
Funds transferred to trust fund--Disbursements
Status: in_force

Any funds transmitted to the Office of the State Treasurer as designated transfers to the state employees' benefits plan shall be placed in the trust fund established by this chapter and entitled the state employees' benefits plan fund. Disbursements from the fund shall be made by warrants drawn by the state auditor upon itemized vouchers duly approved by the human resources commissioner.

Source: SL 2012, ch 23, § 72; SL 2019, ch 21, § 54.
S.D. Codified Laws § 3-24-8 — SD Code / Title 3 / Chapter 24 / Section 3-24-8
Determination of misconduct
Status: in_force

At the conclusion of the contested case hearing before the board, if the board determines by a majority vote of the board that a violation has occurred, the board may:

(1) Issue a public or private reprimand;

(2) Direct a person to engage in coursework or community service; or

(3) Make a specific recommendation to the Governor.

Source: SL 2017, ch 32, § 8.
S.D. Codified Laws § 3-13-83 — SD Code / Title 3 / Chapter 13 / Section 3-13-83
Immediate distribution--In-service or involuntary distributions--Conditions--Calculation--Handling of certain involuntary distributions
Status: in_force

Notwithstanding any other provision of this chapter, a participant may receive an in-service distribution from the plan, or the executive director may render an involuntary distribution to the participant, under the following conditions:

(1) The participant is inactive in the plan and has made no deferrals for at least two years prior to the distribution;

(2) The total distribution, whether elective, involuntary, or both, does not exceed five thousand dollars; and

(3) The participant has not previously received an elective or an involuntary distribution under the plan.

If implementing subdivision (2) of this section, the value of a participant's nonforfeitable account balance must be determined without regard to the portion of the account balance attributable to rollover contributions, and earning allocable thereto, within the meaning of §§ 402(c), 403(a)(4), 403(b)(8), 408(d)(3)(A)(ii), and 457(e) of the Internal Revenue Code.

If an involuntary distribution exceeds one thousand dollars and if the participant does not elect to have the distribution transferred to an eligible retirement plan pursuant to § 401(a)(31) of the Internal Revenue Code or does not elect to receive the distribution directly, the distribution must be transferred to an individual retirement plan of a designated trustee or issuer. The executive director shall notify the participant in writing that the distribution may be transferred to another individual retirement plan.

Source: SL 2025, ch 27, § 110.
S.D. Codified Laws § 3-6D-21 — SD Code / Title 3 / Chapter 6D / Section 3-6D-21
Interference with rights under chapter--Secret information--Misdemeanor
Status: in_force

An employee of the bureau or any other person may not defeat, deceive, or obstruct any person's right to examination, eligibility, certification, or appointment pursuant to this chapter, or furnish to any person any special or secret information for the purpose of affecting the rights or prospects of any person with respect to employment in the civil service. A violation of this section is a Class 1 misdemeanor.

Source: SL 2012, ch 23, § 58; SL 2019, ch 21, § 43.
S.D. Codified Laws § 3-13-78 — SD Code / Title 3 / Chapter 13 / Section 3-13-78
Distribution--Conditions
Status: in_force

Deferrals may be distributed only if one of the following conditions has occurred:

(1) Severance from employment with a participating employer;

(2) Death of the participant;

(3) An unforeseeable emergency, set forth in § 3-13-82 ;

(4) Requirements are satisfied for an in-service distribution, as set forth in § 3-13-83 ;

(5) The participant is called to perform qualified military service for a period in excess of thirty days; or

(6) The participant elects to receive an in-service distribution pursuant to § 3-13-83.1 .

Source: SL 2025, ch 27, § 105; SL 2026, ch 27, § 1.
S.D. Codified Laws § 3-13-59 — SD Code / Title 3 / Chapter 13 / Section 3-13-59
Required minimum distributions--Participant's death after distributions begun
Status: in_force

If a participant dies after the required distribution of benefits has begun, the remaining portion of the participant's interest shall be distributed at least as rapidly as under the same method of distribution before the participant's death.

Source: SL 2021, ch 28, § 8.
S.D. Codified Laws § 3-13-56 — SD Code / Title 3 / Chapter 13 / Section 3-13-56
Automatic enrollment feature
Status: in_force

The board may establish an automatic enrollment feature within the plan by rules promulgated pursuant to chapter 1-26 and § 3-13-54 . Any automatic enrollment feature established by the board shall include:

(1) A provision that automatic enrollment shall apply to newly-employed members hired after a specified future date, any state employees not contributing to the deferred compensation plan as of June 30, 2019, and employees of any other automatic enrollment unit that elects automatic enrollment for its employees not contributing to the deferred compensation plan;

(2) A provision that automatic enrollment shall apply only to the employees of those participating units that choose the automatic enrollment feature for the unit's employees;

(3) A provision that automatic enrollment may not require more than an established maximum contribution per month per automatically-enrolled participant;

(4) A provision that a participant who is automatically enrolled shall have as long as ninety days after the start of employment to discontinue participation in the plan;

(5) A provision that an automatically-enrolled participant who discontinues participation in the plan within ninety days of enrollment shall receive a refund of the participant's account within thirty days after discontinuing participation;

(6) A provision that the state investment officer shall select a default investment fund to receive contributions by any automatically-enrolled participant who does not choose an investment alternative to receive the participant's contributions;

(7) A provision authorizing participating units and the system to make contributions to the plan for the benefit of participants;

(8) A provision that the plan shall adhere to notice requirements to automatically-enrolled participants in accord with Internal Revenue Service Rulings 98-30 and 2000-8;

(9) A provision that automatic enrollment does not require advance authorization by a participant, which is hereby deemed to be an exception to the provisions of any state law requiring employee authorization for a payroll deduction or any similar ordinance of a local participating unit; and

(10) A provision that the amount of compensation deferred by an automatically-enrolled participant shall automatically increase by a specified amount each year unless the participant elects not to participate in automatic escalation or elects to defer a different amount than specified.

If a participant discontinues participation pursuant to subdivision (4), that act is a permissive withdrawal pursuant to § 414(w) of the Internal Revenue Code.

Source: SL 2008, ch 25, § 1; SL 2013, ch 20, § 18; SL 2015, ch 29, § 1; SL 2018, ch 34, § 1; SL 2019, ch 23, § 9.
S.D. Codified Laws § 3-11-12 — SD Code / Title 3 / Chapter 11 / Section 3-11-12
State institutions with income-producing auxiliary activities to pay employer contributions--Report
Status: in_force

Each state institution which has bookstores, cafeterias, and other auxiliary activities, shall at a time and manner as the administrator may require, report to the administrator, the amount of contributions due upon the wages paid to employees of such bookstores, cafeterias, and auxiliary activities for old age and survivors insurance, and shall remit to the administrator, a sum of money which equals such amount with the report.

Source: SL 1959, ch 306; SDC Supp 1960, § 17.1217; SL 1980, ch 30, § 8; SL 2006, ch 16, § 2.
S.D. Codified Laws § 3-12C-208 — SD Code / Title 3 / Chapter 12C / Section 3-12C-208
Meetings of board--Chair and vice chair--Votes required for decision
Status: in_force

The board shall meet at least twice each year, and shall adopt its own rules of procedure. A majority of trustees constitutes a quorum. At the first meeting of each fiscal year the board shall elect from the board's membership a chair and a vice chair. At least eight concurrent votes and a majority of the members present are required for a decision by the board for any of its meetings.

Source: SL 1959, ch 84, §§ 9, 10; SDC Supp 1960, §§ 15.3913, 15.3914; SL 1961, ch 255, §§ 9 (a), 10; SL 1963, ch 285; SL 1965, ch 220, §§ 7, 8; SL 1967, ch 303, § 3 (1), (2); SDCL §§ 3-12-7, 3-12-8, 9-15-10, 9-15-17, 13-45-13, 13-45-14; SL 1968, ch 216, § 1; SL 1974, ch 35, § 10; SL 2012, ch 26, § 7; SL 2016, ch 31, § 1; SDCL § 3-12-52 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-13A-24 — SD Code / Title 3 / Chapter 13A / Section 3-13A-24
State investment officer to act as fiduciary--Certain persons prohibited from acting as third-party administrator or vendor
Status: in_force

The state investment officer shall be held to the standard of conduct of a fiduciary and shall carry out all functions solely in the interests of the participants and benefit recipients and for the exclusive purpose of providing benefits and defraying reasonable expenses incurred in performing such duties as required by law. No employee of a participating unit and no spouse or dependent of the employee may act as or represent a third-party administrator or a vendor in a matter concerning the program, except that the state investment officer and the state investment officer's employees may invest all or part of the fund pursuant to § 3-13A-9 .

Source: SL 2004, ch 43, § 23; SDCL, § 3-12-187; SL 2005, ch 28, § 1.
S.D. Codified Laws § 3-12C-311 — SD Code / Title 3 / Chapter 12C / Section 3-12C-311
Privatization of governmental function--Member’s acquisition of service credit--Retirement while continuing private employment
Status: in_force

Acquisition of years of service toward vesting or early retirement granted, pursuant to § 3-12C-310 , ceases upon the member's termination of employment with the private employer, even if the member later returns to employment with the employer. A member in continuing employment with the private employer need not terminate the private employment to receive a retirement benefit from the system. The member may not acquire additional years of service after the member begins receiving the benefit.

Source: SL 2025, ch 27, § 27.
S.D. Codified Laws § 3-13-90 — SD Code / Title 3 / Chapter 13 / Section 3-13-90
In-plan Roth conversion--Irrevocable
Status: in_force

A participant may convert the participant's pre-tax contributions to designated Roth contributions within the plan. The amount of the in-plan Roth conversion is subject to ordinary income taxes in the year of the conversion. Withholding of federal income tax from the conversion amount is prohibited. Once an in-plan Roth conversion is processed, the conversion is irrevocable. The amount of an in-plan Roth conversion must continue to be taken into consideration for mandatory distributions. The plan must establish and maintain separate recordkeeping for any in-plan Roth conversion made within the plan and must record the year that the participant first made a conversion.

Source: SL 2025, ch 27, § 117.
S.D. Codified Laws § 3-12C-819 — SD Code / Title 3 / Chapter 12C / Section 3-12C-819
Disability benefits for generational 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 generational member's final average compensation at the date of disability; or

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

The disability benefit shall be paid in monthly installments. The disability benefit of a generational member shall terminate upon attaining normal retirement age, or if the member commences a disability benefit within five years of normal retirement age, after receiving the disability benefit for five years, and thereafter the member shall receive a retirement benefit. In order to start the retirement benefit, the member shall submit a completed retirement application that includes the benefit option elected by the member. The single life benefit is equal to the amount the member received as a disability benefit.

Source: SL 2016, ch 32, § 14; SDCL § 3-12-207.1 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-1-1 — SD Code / Title 3 / Chapter 1 / Section 3-1-1
Officers to qualify as provided by chapters--Reelected incumbents
Status: in_force

Except when otherwise expressly provided all civil officers shall qualify substantially in the manner and form prescribed by this chapter and chapter 3-5 . When the incumbent of an office is reelected he shall qualify as required in such chapters.

Source: PolC 1877, ch 5, §§ 1, 13; CL 1887, §§ 1370, 1383; RPolC 1903, §§ 1787, 1800; RC 1919, §§ 7024, 7037; SDC 1939, §§ 48.0301, 48.0316.
S.D. Codified Laws § 3-12C-209 — SD Code / Title 3 / Chapter 12C / Section 3-12C-209
Executive director--Appointment--Compensation--Retirement Laws Committee approval--Employment of personnel--Bond--Board secretary
Status: in_force

The board shall appoint an executive director, qualified by training and experience, to serve at the pleasure of the board. The board shall fix the compensation for the executive director. The compensation must be based on a compensation policy, adopted by the board, which considers an analysis of the compensation and responsibilities of executive directors of regional statewide retirement systems. The board may adjust the salary of the executive director annually in accordance with the state employee salary policy, as enacted by the Legislature in each corresponding year.

The board shall report any change in the executive director's compensation above the state employee salary policy to the Retirement Laws Committee before July first for the upcoming fiscal year. The change in compensation above the state employee salary policy is effective if approved by a majority vote of the Retirement Laws Committee.

The executive director may hire additional employees as may be required to transact the business of the retirement system and shall fix the remuneration for the services.

The board shall require the bonding of the executive director in an amount set by the board and included under the state employees' blanket bond. The premium may be charged to the fund.

The executive director shall act as secretary of the board. Any document required to be filed with the board must be filed with the executive director.

Source: SL 1967, ch 303, § 3 (4), (5); SDCL §§ 3-12-9, 3-12-10; SL 1968, ch 216, § 1; SL 1974, ch 35, § 13; SL 1979, ch 27, § 4; SL 1980, ch 32; SL 1995, ch 17; SL 1998, ch 20, § 1; SL 2016, ch 31, § 2; SL 2017, ch 30, § 1; SL 2018, ch 35, § 1; SDCL § 3-12-55; SL 2019, ch 22, § 1; SL 2025, ch 27, § 16.
S.D. Codified Laws § 3-6C-34 — SD Code / Title 3 / Chapter 6C / Section 3-6C-34
Reporter safeguards--Protection against adverse employment action--Exclusion
Status: in_force

No state agency may take adverse employment action against a reporter because the reporter:

(1) Made a good faith report of improper governmental conduct or a crime to an appropriate authority;

(2) Filed a complaint;

(3) Instituted or caused to be instituted a proceeding;

(4) Requested or participated in an audit;

(5) Testified, or will testify, in a proceeding; or

(6) Exercised any other right or obligation imposed by this chapter or any law of this state.

The provisions of this section do not apply to a state employee who made a report knowing the report was false or who made a report in a reckless disregard for the truth.

Source: SL 2025, ch 26, § 3.
S.D. Codified Laws § 3-12C-222 — SD Code / Title 3 / Chapter 12C / Section 3-12C-222
Application of forfeitures
Status: in_force

Forfeitures arising because of termination of employment before the member becomes eligible for benefits or for any other reason shall be applied to reduce the costs of the system and not to increase the benefits otherwise payable to members.

Source: SL 1984, ch 23, § 5; SDCL § 3-12-76.2 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-13A-23.3 — SD Code / Title 3 / Chapter 13A / Section 3-13A-23.3
Required minimum distributions--Participant's death before 2022 and distributions
Status: in_force

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

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

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

Source: SL 2021, ch 28, § 16; SL 2026, ch 26, § 3.
S.D. Codified Laws § 3-12C-219 — SD Code / Title 3 / Chapter 12C / Section 3-12C-219
Use of fund restricted
Status: in_force

No part of the fund created by this chapter may be used for any purpose other than for the exclusive benefit of members and their beneficiaries, payment of reasonable administrative expenses of the system, and reimbursement of overpayments made by employers. No participating unit may receive any amounts from the fund except such amounts which may remain after the satisfaction of all liabilities of the system to its members.

Source: SL 1984, ch 23, § 3; SL 2012, ch 26, § 10; SDCL § 3-12-72.1 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-13-86 — SD Code / Title 3 / Chapter 13 / Section 3-13-86
Assignment prohibited--Exception
Status: in_force

A participant may not assign or otherwise alienate any right to benefits under the plan, except through the provisions of a qualified domestic relations order, as defined in § 414(p) of the Internal Revenue Code.

Source: SL 2025, ch 27, § 113.
S.D. Codified Laws § 3-21-11 — SD Code / Title 3 / Chapter 21 / Section 3-21-11
Who are agents of state for purposes of §21-32-17
Status: in_force

Any employee, agent, or board member of any authority established by state law are agents of the State of South Dakota for the purposes of § 21-32-17 .

Source: SL 1986, ch 4, § 13.
S.D. Codified Laws § 3-20-1 — SD Code / Title 3 / Chapter 20 / Section 3-20-1
Reduced tuition for certain state employees--Annual record
Status: in_force

Any employee of the state who has been continuously employed by the state for a period of one year may, upon compliance with § 3-20-4 and all of the requirements for admission, attend and pursue any undergraduate or graduate course in any state educational institution under the control and management of the Board of Regents upon the payment of fifty percent of tuition and one hundred percent of required fees. The Board of Regents shall maintain an annual record of the number of participants and the tuition dollar value of such participation.

Source: SL 1986, ch 28, § 1; SL 1993, ch 45, § 1; SL 2003, ch 27, § 1.
S.D. Codified Laws § 3-12C-401 — SD Code / Title 3 / Chapter 12C / Section 3-12C-401
Rate of contributions--Deduction from pay--Employer to make members' contributions
Status: in_force

Any employee included in § 3-12C-301 shall make a contribution to the system, except as specified in § 3-12C-1405 , and the employer shall make an equal contribution to the system, except as otherwise specified, at the following rates:

(1) Class A members: five percent of compensation through June 30, 2002, and six percent of compensation after June 30, 2002;

(2) Justices, judges, and magistrate judges: nine percent of compensation;

(3) All other Class B members: eight percent of compensation.

The employer shall cause to be deducted on each payroll of the employee for each payroll period the contribution payable by the employee as provided in this section.

Except for those contributions specified in § 3-12C-1405 , contributions required of employees by this section shall be made by the participating unit pursuant to the provisions of § 414(h)(2) of the Internal Revenue Code. The contributions shall be classified as employee contributions for all purposes under this chapter. An employee may not receive the amount of the contributions directly rather than as contributions under this section.

Source: SL 1967, ch 303, § 5; SDCL §§ 3-12-22, 3-12-23; SL 1968, ch 216, § 1; SL 1974, ch 35, § 29; SL 1977, ch 31, § 5; SL 1982, ch 38; SL 1984, ch 23, § 2; SL 1989, ch 38, § 8; SL 2000, ch 23, § 1; SL 2010, ch 23, § 5, eff. Apr. 1, 2010; SL 2013, ch 20, § 6; SDCL § 3-12-71; SL 2019, ch 22, § 1; SL 2020, ch 12, § 7.
S.D. Codified Laws § 3-12C-306 — SD Code / Title 3 / Chapter 12C / Section 3-12C-306
Election by political subdivision or public corporation to participate in consolidated system
Status: in_force

Any political subdivision and any public corporation, including municipalities, counties and chartered governmental units in the State of South Dakota, may become a participating unit by a duly passed resolution of its governing body. Any political subdivision not participating in the system on June 30, 1985, may become a participating unit for only its class A members or only its class B members, or for both classes together. If a political subdivision elects to participate for either one class of members or for both classes, all full-time employees in that class or classes shall become members.

Source: SL 1961, ch 255, § 16; SL 1965, ch 220, § 12; SL 1967, ch 303, § 10; SDCL §§ 3-12-36, 9-15-24; SL 1968, ch 216, § 1; SL 1974, ch 35, § 25; SL 1985, ch 25; SDCL § 3-12-67 ; SL 2019, ch 22, § 1; SL 2021, ch 29, § 12, eff. Apr. 1, 2021.
S.D. Codified Laws § 3-12C-518 — SD Code / Title 3 / Chapter 12C / Section 3-12C-518
Class B public safety member--Conversion of credited service
Status: in_force

A current contributing Class B public safety member may convert the following credited services as a Class A member with benefits, as provided for in § 3-12C-1106 , to a credited service as a Class B public safety member with benefits, as provided for in § 3-12C-1107 :

(1) Credited service as a county sheriff or deputy county sheriff before January 1, 1980, or credited service as a county sheriff or deputy county sheriff while not certified from January 1, 1980, to June 30, 1988, inclusive;

(2) Credited service as a police officer while not certified from July 1, 1983, to June 30, 1988, inclusive;

(3) Credited service as a correctional security staff member before July 1, 1978;

(4) Credited service as a conservation officer before July 1, 1983;

(5) Credited service as a parole agent before July 1, 1991; and

(6) Credited service as an air rescue firefighter before July 1, 1992.

The current contributing Class B public safety member may, by election, make or have made on the member's behalf a contribution based on the higher of the member's current compensation, or the member's final average compensation calculated as if the member retired on the date of election, at an actuarially determined percentage times each year of service for which the member wishes to receive Class B credit. The provisions of this section also apply to a current contributing Class B public safety member who previously purchased equivalent public service pursuant to the provisions of § 3-12C-509 .

Payment of a deposit with the system for the conversion of credited service in accordance with this section must be determined and due at the time the notice of intention to make the payment is received by the system. The amount due may be paid by periodic level installments over a period of up to ten years, the value of which, if discounted for interest at the assumed rate of return, is equal to the amount due at the date of the notice. If a member dies before completion of the installment payments, the surviving spouse may complete the payments due to the system. However, if a member dies before completion of the installment payments and the payments are being made by a participating unit, the amount must be paid in full within ninety days of the member's death or retirement. If the periodic payments are not completed or paid when due, the executive director may make a pro rata adjustment to the credited service, benefits payable under this chapter, or schedule of payments to allow for the default.

If the credited service of any member or group of members becomes a Class B credited service on a prospective basis after June 30, 1993, the prior credited service as a Class A member may be converted to Class B credited service in accordance with this section.

If a jailer becomes a Class B public safety member, the jailer is eligible to convert prior credited service as a jailer under this section.

Source: SL 1993, ch 44, § 1; SL 1997, ch 27, § 3; SL 1999, ch 14, § 3; SL 2003, ch 24, § 1; SL 2004, ch 39, § 3; SL 2004, ch 40, § 9; SL 2008, ch 20, § 16; SL 2012, ch 26, § 12; SL 2016, ch 31, § 28; SL 2018, ch 32, § 6; SDCL § 3-12-130; SL 2019, ch 22, § 1; SL 2025, ch 27, § 37.
S.D. Codified Laws § 3-13-57.1 — SD Code / Title 3 / Chapter 13 / Section 3-13-57.1
Roth contribution program--Contributions are deferrals
Status: in_force

Except as otherwise provided, a designated Roth contribution is treated as deferred compensation for all purposes under the plan.

Source: SL 2025, ch 27, § 87.
S.D. Codified Laws § 3-12C-1613 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1613
Allowance to surviving spouse of law enforcement officer retired for disability
Status: in_force

The surviving spouse of a disability retiree under the Law Enforcement Officers' Retirement System as consolidated into the South Dakota Retirement System pursuant to § 3-12C-1601 shall upon the death of the member be entitled to an annuity equal to one-half the member's annuity at the time of death. The retirement for disability upon which annuity was based shall have been approved prior to July 1, 1974.

Source: SL 1979, ch 26, § 3A; SDCL § 3-12-94.1 ; SL 2019, ch 22, § 1; SL 2021, ch 27, § 7.
S.D. Codified Laws § 3-12C-1507.1 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1507.1
Distributions deemed reasonable and made in good faith under federal law
Status: in_force

Any supplemental pension benefit calculation or payment is deemed to be reasonable and made in good faith under § 401(a)(9) of the Internal Revenue Code.

Source: SL 2025, ch 27, § 60.
S.D. Codified Laws § 3-3-7 — SD Code / Title 3 / Chapter 3 / Section 3-3-7
Unmarried spouse of deceased veteran--Entitlement to preference under certain conditions
Status: in_force

The unmarried spouse of a veteran who died while in service, or later died from a service connected cause, is entitled to the preferences given to the veteran in § 3-3-1 if the spouse possesses the qualifications and business capacity necessary to discharge the duties of the position involved.

Source: SL 1980, ch 27, § 2; SL 2010, ch 19, § 14.
S.D. Codified Laws § 3-9-2 — SD Code / Title 3 / Chapter 9 / Section 3-9-2
Meals and lodging allowance--Maximum--Publication--Actual costs--Form--Hardship exemption
Status: in_force

The State Board of Finance may fix the maximum amount that may be allowed per day or fraction of a day as reimbursement for meal and lodging expenses necessarily incurred by state officers and employees in the performance of their duties while away from their places of residence or headquarters station, and change the maximum allowance as the board deems just and proper under existing conditions. The State Board of Finance may authorize reimbursement on a per diem basis, in lieu of the method described in this section or any other method provided by law, and fix the amount per day or fraction of a day that may be allowed, and may change the amount as the board deems just and proper under existing conditions.

The maximum amount allowed as reimbursement for the actual cost of in-state lodging incurred by state officers and employees in the performance of their duties while away from their places of residence or headquarters station is seventy-five dollars per night, plus taxes and mandatory fees, or the rate established by the United States General Services Administration for the primary destination as of October first each year, plus taxes and mandatory fees, whichever is greater. The Bureau of Finance and Management shall publish in writing the maximum reimbursement rate for in-state lodging to be effective as of October first each year.

The chair of a commission or council created by chapters 38-10 , 38-27 , 38-29 , and 38-32 may authorize an employee to be reimbursed for actual costs of lodging and meals, excluding alcoholic beverage as defined in § 35-1-1 if:

(1) The lodging and meals are in furtherance of the state's interests, concerns, and activities;

(2) The activities for which the lodging and meals are required fall within the scope of the commission's or council's responsibilities; and

(3) The employee is performing official duties related to trade servicing or promotional activities.

The authorization must be made on a form prescribed by the Governor and supported by receipts and must accompany the claim filed pursuant to § 3-9-8 . The provisions of this section, §§ 3-9-2.1 and 3-9-2.2 , and the amounts fixed by the State Board of Finance prevail notwithstanding the provisions of other statutes.

Upon the written request of a department or office head, the State Board of Finance may, through a majority vote of its membership, grant relief from the per diem allowances for any officer or employee who would otherwise suffer hardship from the limitations of this section or the board's rules while furthering the state's interests, concerns, and activities.

Source: SL 1949, ch 258, §§ 1 to 3; SDC Supp 1960, § 55.2001-1; SL 1999, ch 13, § 1; SL 2015, ch 24, § 1; SL 2024, ch 20, § 4.
S.D. Codified Laws § 3-6C-7 — SD Code / Title 3 / Chapter 6C / Section 3-6C-7
Sick leave--Accrual and accumulation--Medical certificate--Vacation leave used for sickness--Personal emergency leave--Promulgation of rules
Status: in_force

Each permanent employee shall earn up to one hundred twelve hours sick leave per full year of employment. Sick leave shall be accrued on an hourly, biweekly, semimonthly, or monthly basis as determined by the human resources commissioner and shall accumulate without limit as to the number of hours of such accumulation. The use of sick leave shall be supported by a medical certificate upon the request of the human resources commissioner. An employee is not entitled to more than the employee's accrued sick leave without first using all of the employee's accumulated vacation leave.

The commission, pursuant to chapter 1-26 , shall promulgate rules to implement this provision.

Adoption of a child by an employee is treated as natural childbirth for leave purposes.

Source: SL 2012, ch 23, § 18; SL 2019, ch 21, § 7; SL 2020, ch 17, § 3.
S.D. Codified Laws § 3-13C-13.1 — SD Code / Title 3 / Chapter 13C / Section 3-13C-13.1
Required minimum distributions--Member's death after distributions begun
Status: in_force

If a member dies after the required distribution of benefits has begun, the remaining portion of the member's interest shall be distributed at least as rapidly as under the same method of distribution before the member's death.

Source: SL 2021, ch 28, § 21.
S.D. Codified Laws § 3-6D-24 — SD Code / Title 3 / Chapter 6D / Section 3-6D-24
Records on law enforcement employees
Status: in_force

The director of the Division of Criminal Investigation shall establish and maintain records on law enforcement employees within the Division of Criminal Investigation relating to the provisions of this chapter.

Source: SL 2012, ch 23, § 61.
S.D. Codified Laws § 3-9-12 — SD Code / Title 3 / Chapter 9 / Section 3-9-12
Household moving allowance--State hiring--Eligibility and amount
Status: in_force

For the purpose of assisting in the recruitment of new state employees, a person being recruited, if the person is not a current state employee, may receive a household moving allowance for moving greater than fifty miles to the person's headquarter duty station in the same manner and amount as established in § 3-9-9 for the transfer of state employees.

Source: SL 1963, ch 292 as added by SL 1968, ch 195, § 2; SL 1977, ch 27; SL 2012, ch 25, § 2; SL 2023, ch 13, § 4.
S.D. Codified Laws § 3-6E-18 — SD Code / Title 3 / Chapter 6E / Section 3-6E-18
Promulgation of rules regarding workers' compensation program
Status: in_force

The human resources commissioner may promulgate rules, pursuant to chapter 1-26 , with respect to the adjustment, administration, and management of the state employee workers' compensation program.

Source: SL 2012, ch 23, § 80; SL 2019, ch 21, § 62.
S.D. Codified Laws § 3-6C-16 — SD Code / Title 3 / Chapter 6C / Section 3-6C-16
Accrued leave transferred when employee transferred between agencies
Status: in_force

If a permanent employee transfers from one state department, institution, agency, or office to another state department, institution, agency, or office, the employee may transfer all unused accrued vacation and sick leave as was allowed the employee under the provisions of §§ 3-6C-4 and 3-6C-7 .

Source: SL 2012, ch 23, § 27; SL 2019, ch 21, § 16.
S.D. Codified Laws § 3-23-1 — SD Code / Title 3 / Chapter 23 / Section 3-23-1
State authority, board, and commission members prohibited from having interest in or deriving direct benefit from contract
Status: in_force

No elected or appointed member of a state authority, board, or commission may have an interest in or derive a direct benefit from any contract:

(1) With the state agency to which the authority, board, or commission is attached for reporting or oversight purposes that requires the expenditure of government funds;

(2) With the state that requires the approval of the authority, board, or commission and the expenditure of government funds; or

(3) With a political subdivision of the state if the political subdivision approves the contract and is under the regulatory oversight of the authority, board, or commission, or the agency to which the authority, board, or commission is attached for reporting or oversight purposes.

No elected or appointed member of a state authority, board, or commission may derive a direct benefit from any contract as provided under this section for one year after the end of the member's term on the authority, board, or commission, except as provided in § 3-23-3 or 3-23-4 .

Source: SL 2016, ch 33, § 1; SL 2017, ch 31, § 2.
S.D. Codified Laws § 3-12C-510 — SD Code / Title 3 / Chapter 12C / Section 3-12C-510
Acquisition of credited service through transfer of funds--Requirements
Status: in_force

A contributing member may acquire credited service by utilizing a trustee to trustee transfer of funds, excluding any after tax employee contributions, from a member's individual retirement plan that meets the requirements of sections 403(b) or 457 of the Internal Revenue Code to pay the cost of purchase pursuant to § 3-12C-504 , 3-12C-509 , or 3-12C-511 .

Source: SL 2002, ch 22, § 4; SL 2008, ch 20, § 12; SL 2013, ch 20, § 8; SDCL § 3-12-84.1 ; SL 2019, ch 22, §§ 18, 45.
S.D. Codified Laws § 3-12C-1649 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1649
Surviving spouse election to receive lump sum trustee-to-trustee payment in lieu of monthly payments
Status: in_force

Upon the death of a vested member of the state cement plant retirement plan who died prior to starting a monthly retirement benefit, the member's surviving spouse may elect a lump sum trustee-to-trustee payment in lieu of monthly surviving spouse benefit payments. The amount of the lump sum trustee-to-trustee payment shall be determined by the system's actuary based on the actuarial equivalent, as defined by the cement plant retirement plan, of the spouse's age sixty-five survivor benefit. However, no lump sum trustee-to-trustee payment may be made unless the following requirements are satisfied:

(1) Neither the member nor the member's family nor the member's spouse received any monthly benefits from the plan; and

(2) The surviving spouse directs a trustee-to-trustee transfer of the lump sum payment to a receiving retirement custodian, trustee, or other approved recipient.

Any eligible surviving spouse who desires to make the election authorized by this section shall submit an application to the system.

Source: SL 2014, ch 22, § 2; SDCL § 3-12-224 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-5-7 — SD Code / Title 3 / Chapter 5 / Section 3-5-7
Reelected incumbent to account for funds and property before new bond approved
Status: in_force

When the incumbent of an office is reelected, his bond shall not be approved until he has produced and fully accounted for all public funds and property in his control under color of his office during the expiring term, to the person or authority to whom he should account, and the fact and date of such satisfactory exhibit shall be endorsed upon the new bond before its approval.

Source: PolC 1877, ch 5, § 13; CL 1887, § 1383; RPolC 1903, § 1800; RC 1919, § 7037; SDC 1939, § 48.0316.
S.D. Codified Laws § 3-16-9 — SD Code / Title 3 / Chapter 16 / Section 3-16-9
Retaliation prohibited for reporting violations, abuse, or danger to public
Status: in_force

No department, bureau, board, or commission of the state or any of its political subdivisions may dismiss, suspend from employment, demote, decrease the compensation of, or take any other retaliatory action against an employee because the employee reports in good faith to an appropriate authority a violation or suspected violation of a law or rule, an abuse of funds or abuse of authority, or substantial and specific danger to public health or safety, unless the report is specifically prohibited by law. The provisions of this section do not apply to any employee who knows the report is false or was made in a reckless disregard for the truth. A state employee who is the subject of retaliation under this section may file a grievance with the Civil Service Commission pursuant to § 3-6D-22 . For purposes of an employee of a political subdivision, an appropriate authority includes any human resources department of that political subdivision, if any, any state's attorney, or the attorney general.

Source: SL 2017, ch 25, § 1.
S.D. Codified Laws § 3-13A-5.1 — SD Code / Title 3 / Chapter 13A / Section 3-13A-5.1
Compensation during plan year
Status: in_force

A participant's compensation, for purposes of the application of § 3-13A-5 , paid or made available during a plan year, must include:

(a) Any elective deferral, as defined in § 402(g)(3) of the Internal Revenue Code; and

(b) Any amount that is contributed or deferred by the participant's employer at the election of the participant and which is not includible in the gross income of the participant by reason of § 125, 132(f)(4), or 457(b) of the Internal Revenue Code.

Source: SL 2025, ch 27, § 137.
S.D. Codified Laws § 3-6C-1 — SD Code / Title 3 / Chapter 6C / Section 3-6C-1
3-6C-1. 3-6C-1.Definition of terms in chapters3-6Cto3-6F
Status: in_force

Terms as used in chapters 3-6C to 3-6F , inclusive, mean:

(1) "Appointing authority," the hiring entity;

(2) "Commission," the Civil Service Commission;

(3) "Bureau," the Bureau of Human Resources and Administration;

(4) "Bureau commissioner," a person appointed by and serving at the pleasure of the Governor to administer one of the bureaus of the executive branch of state government;

(5) "Civil service," a system of human resource management for the executive branch of state government based on merit principles governing the appointment, promotion, compensation, removal, transfer, and other matters related to human resource management;

(6) "Civil service employee," a permanent employee not otherwise exempted by the provisions of chapter 3-6D ;

(7) "Change in family status," marriage, divorce, or death of the member, spouse, or any covered dependent; birth or adoption of a child; or a change in the employment status of the member, spouse, or any covered dependent;

(8) "Class of positions," all civil service positions that are sufficiently similar in kind or subject matter of work performed, level of difficulty and responsibility, and knowledge, skills, and abilities to warrant similar treatment in personnel and pay administration;

(9) "Compensation," the total compensation, which includes direct salary and fringe benefits. Fringe benefits includes employer paid retirement programs, social security, health insurance, life insurance, and any other programs offering a benefit to the employee in which the employer participates;

(10) "Contribution," the dollar amount established by the human resources commissioner sufficient to cover the cost of the insurance plan;

(11) "Department secretary," a person appointed by and serving at the pleasure of the Governor to administer one of the major departments of the executive branch of state government;

(12) "Dependent," a person who is:

(a) An employee's spouse who is not divorced or legally separated from the employee; or

(b) An employee's child who is:

(i) Under the age of twenty-six or under the age of twenty-nine if a full-time student; and

(ii) Not in military service;

(13) "Deputy," a person who serves as first assistant to, and at the pleasure of, a department secretary, bureau commissioner, or division director if allowed by law;

(14) "Division director," a person appointed by and serving at the pleasure of the department secretary or bureau commissioner to administer a division within a major department or bureau of the executive branch of state government;

(15) "Employee," any person working for state government, paid by the state, or remunerated by other funds raised, appropriated, or otherwise generated by the state. The term does not include any person working for any authority authorized by law;

(16) "Employer," the State of South Dakota;

(17) "Executive branch employee," any employee working for state government except those working for the legislative or judicial branches of state government;

(18) "Human resources commissioner," the commissioner of the bureau;

(19) "Law enforcement employee," any certified law enforcement officer working for the Division of Criminal Investigation or the Highway Patrol;

(20) "Member," a state employee or retiree who is covered by the plan as the primary insured and who may elect to have his or her dependents covered by the plan;

(21) "Permanent employee," an active employee placed in a permanent position, employed by a participating agency. This term does not include temporary, emergency, patient, or student employees;

(22) "Plan," the state employee's benefit insurance plan as created by chapter 3-6E ;

(23) "Plan-eligible employee," a permanent employee who is scheduled to work twenty or more hours a week at least six months of the year or an employee employed by an appointing authority who has worked an average of thirty hours or more per week during a twelve-month standard measurement period, as defined by the Patient Protection and Affordable Care Act of 2010, as amended to January 1, 2019;

(24) "Position," a collection of duties and responsibilities assigned by the appointing authority to one person;

(25) "Safety-sensitive position," any law enforcement officer authorized to carry firearms and any custody staff employed by any agency responsible for the rehabilitation or treatment of any adjudicated adult or juvenile;

(26) "Self-insured," a state-supported benefit plan in which the initial risk for any losses is born by the plan;

(27) "Spouse," an employee's husband or wife as a result of marriage that is legally recognized in this state or under the laws of the state where the marriage occurred. The term does not include a spouse as a result of a common-law marriage;

(28) "Substance," marijuana as defined in subdivision 22-42-1 (7) and any controlled drug or substance as defined in chapter 34-20B .

Source: SL 2012, ch 23, § 12; SL 2019, ch 21, § 1; SL 2021, ch 22, § 1; SL 2024, ch 1 (Ex. Ord. 24-1), § 35, eff. Apr. 8, 2024.
S.D. Codified Laws § 3-8-2.1 — SD Code / Title 3 / Chapter 8 / Section 3-8-2.1
Adjustment of salaries of constitutional officers and judges
Status: in_force

The annual salaries of the Governor, the lieutenant governor, the secretary of state, the state auditor, the state treasurer, the attorney general, the commissioner of school and public lands, each justice of the Supreme Court and each circuit judge shall be adjusted annually by the same rate appropriated as the across - the - board increase to base salaries of state employees under the General Appropriations Act in each corresponding year.

Source: SL 1992, ch 2, § 1.
S.D. Codified Laws § 3-12C-1510 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1510
Exemption from Title 58 and from securities and agent registration
Status: in_force

While performing their official duties under the provisions of §§ 3-12C-1501 to 3-12C-1510 , inclusive, the board, the employees of the system, the system's actuary, the State Investment Council, and the employees of the State Investment Council are exempt from the provisions of Title 58 and any associated provisions of state law. Supplemental pension benefits and supplemental pension contracts are exempt from the provisions of Title 58.

To the extent that supplemental pension contracts may be deemed to be securities, they are exempt from securities registration pursuant to subdivision 47-31B-201(1). While performing their official duties under the provisions of §§ 3-12C-1501 to 3-12C-1510 , inclusive, the board, the employees of the system, the system's actuary, the State Investment Council, and the employees of the State Investment Council are exempt from agent registration provisions pursuant to subdivision 47-31B-402(b)(3).

Source: SL 2008, ch 24, § 11; SDCL § 3-12-198 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-12C-511 — SD Code / Title 3 / Chapter 12C / Section 3-12C-511
Purchase of nonqualified permissive service credit allowed
Status: in_force

Notwithstanding the restrictions contained in §§ 3-12C-504 and 3-12C-509 , a current contributing member with over five years of contributory service in the system may purchase nonqualified permissive service credit as defined in and pursuant to the provisions of § 415(n) of the Internal Revenue Code.

Source: SL 2003, ch 94, § 2; SL 2009, ch 21, § 1; SL 2013, ch 20, § 9; SDCL § 3-12-84.2 SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-12C-309 — SD Code / Title 3 / Chapter 12C / Section 3-12C-309
Effective date of participation of employees of participating unit
Status: in_force

The date when the participation of the employees of a participating unit may commence shall be at the beginning of the first month of a calendar quarter.

Source: SL 1967, ch 303, § 10; SDCL § 3-12-37; SL 1968, ch 216, § 1; SL 1974, ch 35, § 28; SL 2009, ch 20, § 1; SDCL § 3-12-70 ; SL 2019, ch 22, § 1.
S.D. Codified Laws § 3-22-2 — SD Code / Title 3 / Chapter 22 / Section 3-22-2
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "PEPL," the public entity pool for liability established pursuant to this chapter;

(2) "Bureau," the Bureau of Human Resources and Administration;

(3) "Covered claim," a claim or civil action arising in tort from the operation of a motor vehicle, a ministerial act, or another act for which coverage is provided under the PEPL coverage document;

(4) "Coverage document," the written agreement between the director and the Governor setting forth the terms, conditions, limits, and scope of coverage provided by PEPL for a covered claim;

(5) "Director," the director of PEPL appointed by the commissioner of human resources and administration pursuant to this chapter;

(6) "Employee," any permanent or temporary employee or elected or appointed officer of any state entity whether compensated or not;

(7) "Fund," the public entity pool for liability fund established pursuant to this chapter; and

(8) "State entity," the State of South Dakota and all of its branches, agencies, boards and commissions.

Source: SL 1986, ch 413, § 2; SL 1987, ch 40, § 1; SL 1995, ch 323 (Ex. Ord. 95-7), §§ 17, 18; SL 2010, ch 24, § 2; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 3-20-3 — SD Code / Title 3 / Chapter 20 / Section 3-20-3
Participation in reduced tuition program limited to available space
Status: in_force

The right of any employee of the state to participate in the reduced tuition program is limited to the space available, as determined by the instructor, in any course after all of the full - time or full tuition paying students have registered.

Source: SL 1986, ch 28, § 3.
S.D. Codified Laws § 3-13A-6 — SD Code / Title 3 / Chapter 13A / Section 3-13A-6
Time for transfer of compensation to trust
Status: in_force

For the proper administration of the accounts of participants, all amounts of compensation subject to this chapter shall be transferred to the trust 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 2004, ch 43, § 6; SDCL § 3-12-170; SL 2005, ch 28, § 1; SL 2008, ch 20, § 19.
S.D. Codified Laws § 3-12C-1903 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1903
Member's death before required distributions begun
Status: in_force

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

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

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

Source: SL 2021, ch 28, § 4.
S.D. Codified Laws § 3-12C-1802 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1802
Definition of qualified benefit preservation arrangement
Status: in_force

For purposes of §§ 3-12C-1801 to 3-12C-1817 , inclusive, the qualified benefit preservation arrangement is an arrangement under section 415(m) of the Internal Revenue Code and established in § 3-12C-1803 .

Source: SL 2020, ch 14, § 2; SL 2025, ch 27, § 73.
S.D. Codified Laws § 3-4-6 — SD Code / Title 3 / Chapter 4 / Section 3-4-6
Appointments in writing--Duration of appointment--Filling of vacancies--Office where filed
Status: in_force

Appointments to state offices shall be made in writing and shall continue for the remainder of the unexpired term of office. Unless otherwise provided by law, all other appointments shall be made in writing and shall continue until the next general election and until a successor is elected and qualified. A vacancy must occur prior to May first in an even - numbered year, other than in a year when the term of office would normally expire, for the office to be filled by election for the remainder of the unexpired term. Any person elected to an office that was previously vacant shall take office in the year following the election on the day of that year when a full term for that office would normally commence.

Appointments to state offices shall be filed with the secretary of state. Appointments to county offices shall be filed in the office of the county auditor and entered in the minutes of the commissioners' proceedings.

Source: SDC 1939, § 48.0106; SL 1984, ch 19; SL 1994, ch 31; SL 2001, ch 21, § 1; SL 2002, ch 74, § 3.
S.D. Codified Laws § 3-12C-1405.1 — SD Code / Title 3 / Chapter 12C / Section 3-12C-1405.1
Reemployment of retired member--Limited exception to benefit and membership provisions for part-time employment
Status: in_force

.

The provisions of § 3-12C-1405 do not apply if the retired member is reemployed 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 provisions of § 3-12C-1405 apply immediately.

Source: SL 2021, ch 29, § 5, eff. Apr. 1, 2021.
S.D. Codified Laws § 3-12C-204 — SD Code / Title 3 / Chapter 12C / Section 3-12C-204
Election of trustees--Terms of office
Status: in_force

Each group of retirement system members who are vested or are currently contributing or employers as set out in § 3-12C-203 shall elect its own trustee or trustees in a separate election. The board shall promulgate rules, pursuant to chapter 1-26 , to carry out the elections. The regular term of office of a trustee is four years and expires on June thirtieth. The appointees of the Governor shall serve at the pleasure of the Governor. The appointee of the Investment Council shall serve at the pleasure of the Investment Council. Except for appointees of the Governor and Investment Council, upon the death or resignation of a trustee, the board shall appoint a successor. The successor trustee shall fill the position immediately and serve until the June thirtieth that is no less than three but no more than four years after taking office.

Source: SL 1959, ch 84, § 6; SDC Supp 1960, § 15.3910; SL 1961, ch 255, §§ 5, 6; SL 1965, ch 220, §§ 5, 6; SL 1967, ch 303, § 3; SDCL §§ 3-12-4, 9-15-4 (5), 9-15-5, 13-45-9; SL 1968, ch 216, § 1; SL 1970, ch 106, § 1; SL 1973, ch 25; SL 1974, ch 35, §§ 5 to 7; SL 1976, ch 41; SL 1977, ch 28, § 14; SL 1979, ch 27, § 2; SL 2011, ch 21, § 1; SDCL § 3-12-49 ; SL 2019, ch 22, § 1; SL 2019, ch 23, § 7.
S.D. Codified Laws § 3-13C-13.3 — SD Code / Title 3 / Chapter 13C / Section 3-13C-13.3
Required minimum distributions--Incidental benefit rule
Status: in_force

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

Source: SL 2021, ch 28, § 23.
S.D. Codified Laws § 3-6C-2 — SD Code / Title 3 / Chapter 6C / Section 3-6C-2
Human resources functions of bureau--Delegation
Status: in_force

The bureau shall perform human resource functions for the following agencies:

(1) Board of Regents;

(2) Board of Trustees of the South Dakota Retirement System; and

(3) All other state departments, bureaus, divisions, boards, and commissions of the executive branch.

The bureau may delegate human resource functions to either the Board of Regents or the Board of Trustees of the South Dakota Retirement System through agreements entered into pursuant to chapter 1-24 .

Source: SL 2012, ch 23, § 13; SL 2019, ch 21, § 2.
S.D. Codified Laws § 3-12C-105 — SD Code / Title 3 / Chapter 12C / Section 3-12C-105
Compensation defined--Exclusions
Status: in_force

For purposes of this chapter, "compensation" means gross wages paid to a member by the employer for credited service rendered during the period for which the payment was earned. Compensation includes:

(a) Any amount reported as wages, tips, and other compensation on the member's federal form W-2 wage and tax statement;

(b) Any amount of contributions made on behalf of a member by an employer after June 30, 1984, pursuant to § 3-12C-401 ; and

(c) Any amount contributed by a member to a plan that meets the requirements of § 125, 401, 403, 408, or 457 of the Internal Revenue Code.

Compensation does not include any allowance, payment, or reimbursement for travel, meals, lodging, moving, uniforms, or any other expense that is incidental to employment and paid or reimbursed by the employer; any lump sum payment for sick leave; any lump sum payment for annual leave; any payment for, or in lieu of, insurance coverage of any kind or any other employee benefit paid by an employer directly to a member or directly to a third party on behalf of a member or a member and any dependent; any allowance or payment for housing or vehicles; any temporary payment paid as a lump sum or over a period of time that is not due to additional duties; any amount paid in a one-time lump sum payment or over a period of time and based on or attributable to retirement or an agreement to retire in the future or results in an incentive to retire; any payment made upon dismissal or severance; any worker's compensation payment; and any payment contingent on a member terminating employment at a specified time in the future paid or payable in a lump sum or over a period of time.

Source: SL 2016, ch 32, § 52; SL 2017, ch 28, § 1; SL 2017, ch 28, § 2, eff. Jan. 1, 2018; SDCL § 3-12-47.6; SL 2019, ch 22, § 1; SL 2020, ch 12, § 11; SL 2025, ch 27, § 4.
S.D. Codified Laws § 3-12C-820 — SD Code / Title 3 / Chapter 12C / Section 3-12C-820
No credited service for disability benefit period
Status: in_force

No member may receive credited service for the period during which the member receives disability benefits.

Source: SL 2014, ch 20, § 8; SDCL § 3-12-208 ; SL 2019, ch 22, §§ 29, 45.