reglab/housing_qa huggingface dataset:
SD Codified L § 3-13C-10 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 13C - Department Of Labor And Regulation Employee Retirement|Section 3-13C-10 - Class D members vested--Contributions not required--Participation ceases.

  3-13C-10  .  Class D members vested--Contributions not required--Participation ceases.   All Class D members of the South Dakota Retirement System as of July 1, 2020, are considered vested.   No contributions by Class D members are required on or after January 1, 1990.   A participant, whether active or inactive, shall cease to be a participant on the earlier of the following:   (1) The date of the participant's death; or   (2) The date the participant receives a single sum distribution in lieu of all of the benefits under the plan.   An inactive participant shall also cease to be a participant on the earliest date on which the participant is not entitled to a deferred monthly income.     Source:  SL 2020, ch 13, § 17.
SD Codified L § 3-13C-11 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 13C - Department Of Labor And Regulation Employee Retirement|Section 3-13C-11 - Beneficiaries--Records.

  3-13C-11  .  Beneficiaries--Records.   Each participant may name a beneficiary to receive any death benefit due for participation in the plan, other than any income payable to a contingent. The participant may change any beneficiary from time to time. The participant's beneficiary designation and any change of beneficiary shall be subject to the provisions of §3-13C-13.   It is the responsibility of the participant to give written notice to the system of the name of the beneficiary on a form furnished for this purpose. The system shall maintain a record of each participant's beneficiary designation before the participant's retirement date.   If there is no beneficiary named or surviving when a participant dies, the participant's beneficiary shall be the participant's surviving spouse, or if there is no surviving spouse, the executor or administrator of the participant's estate.     Source:  SL 2020, ch 13, § 18.
SD Codified L § 3-13C-12 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 13C - Department Of Labor And Regulation Employee Retirement|Section 3-13C-12 - Direct rollovers--Election by distributee.

  3-13C-12  .  Direct rollovers--Election by distributee.   Notwithstanding any provision of the plan to the contrary limiting a distributee's election under this section, a distributee may elect at the time and in the manner prescribed by the system, to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by the distributee in a direct rollover.   In the event of a mandatory distribution of an eligible rollover distribution greater than one thousand dollars in accordance with §3-13C-14, if the participant does not elect to have the distribution paid directly to an eligible retirement plan specified by the participant in a direct rollover or to receive the distribution directly, the system shall pay the distribution in a direct rollover to an individual retirement plan designated by the system.   In the event of any other eligible rollover distribution to a distributee in accordance with §3-13C-13, if the distributee does not elect to have the distribution paid directly to an eligible retirement plan specified by the distributee in a direct rollover or to receive the distribution directly, the system shall pay the distribution to the distributee.     Source:  SL 2020, ch 13, § 19.
SD Codified L § 3-13C-13 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 13C - Department Of Labor And Regulation Employee Retirement|Section 3-13C-13 - Required minimum distributions--General rule.

3-13C-13. Required minimum distributions--General rule. The system shall pay all benefits in accordance with a good faith interpretation of the requirements in § 401(a)(9) of the Internal Revenue Code and the regulations in effect under that section, as applicable to a governmental plan within the meaning of § 414(d) of the Internal Revenue Code.The member's entire interest shall be distributed, or begin to be distributed, by the required beginning date, which is April first of the calendar year following the later of:(1)The calendar year in which the member reaches age seventy-two, or age seventy and one-half if the member attained age seventy and one-half before January 1, 2020; or(2)The calendar year in which the member retires.A member or beneficiary eligible for benefits shall apply for benefits in order to commence distribution of benefits. The system, pursuant to a qualified domestic relations order, may establish separate benefits for a member and alternate payee. Source: SL 2020, ch 13, § 20; SL 2021, ch 28, § 20.
SD Codified L § 3-13C-13.1 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 13C - Department Of Labor And Regulation Employee Retirement|Section 3-13C-13.1 - Required minimum distributions--Member's death after distributions begun.

3-13C-13.1. Required minimum distributions--Member's death after distributions begun. 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.
SD Codified L § 3-13C-13.2 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 13C - Department Of Labor And Regulation Employee Retirement|Section 3-13C-13.2 - Required minimum distributions--Member's death before distributions begun.

3-13C-13.2. Required minimum distributions--Member's death before distributions begun. If a member dies before required distribution of the member's benefits has begun, the member's interest shall be distributed as follows:(1)If the member has a surviving spouse, the surviving spouse shall receive benefits over the life of the surviving spouse beginning as soon as administratively possible and effective the month after the member's death; or(2)If the member has no surviving spouse, the member's remaining interest shall be distributed in a lump sum payment to the designated beneficiary within five years from the date of the member's death. Source: SL 2021, ch 28, § 22.
SD Codified L § 3-13C-13.3 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 13C - Department Of Labor And Regulation Employee Retirement|Section 3-13C-13.3 - Required minimum distributions--Incidental benefit rule.

3-13C-13.3. Required minimum distributions--Incidental benefit rule. 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.
SD Codified L § 3-13C-13.4 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 13C - Department Of Labor And Regulation Employee Retirement|Section 3-13C-13.4 - Required minimum distributions--Reasonable and made in good faith.

3-13C-13.4. Required minimum distributions--Reasonable and made in good faith. Notwithstanding the other provisions of §§ 3-13C-13 to 3-13C-13.3, inclusive, or the provisions of United States Treasury regulations, benefit options may continue so long as the option satisfies § 401(a)(9) of the Internal Revenue Code based on a reasonable and good faith interpretation of that section. Source: SL 2021, ch 28, § 24.
SD Codified L § 3-13C-14 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 13C - Department Of Labor And Regulation Employee Retirement|Section 3-13C-14 - Vested accrued benefit--Distribution--Small amounts payment.

  3-13C-14  .  Vested accrued benefit--Distribution--Small amounts payment.   If the present value of the participant's vested accrued benefit does not exceed five thousand dollars, and the participant has not started retirement benefits with respect to any portion of the vested accrued benefit, the present value of the participant's entire vested accrued benefit shall be distributed as of the earliest of the participant's retirement date or the date of severance from employment for any reason other than death. For purposes of this section, if the present value of the participant's vested accrued benefit is zero, the participant shall be deemed to have received a distribution of the present value. This is a small amounts payment. The small amounts payment is in full settlement of all benefits otherwise payable.   If a participant has a severance from employment for any reason other than death or retirement and does not elect to have a small amounts payment paid directly to an eligible retirement plan specified by the participant in a direct rollover or to receive the distribution directly and the present value of the participant's vested accrued benefit is greater than one thousand dollars, a mandatory distribution will be made in accordance with §  3-13C-12  . If the present value of the participant's vested accrued benefit is one thousand dollars or less, the present value of the participant's entire vested accrued benefit shall be paid directly to the participant.   If the present value of the preretirement spouse and dependent child death benefit or the certain period death benefit as provided in §3-13C-18 does not exceed five thousand dollars on the date of the participant's death, the present value of the preretirement spouse and dependent child death benefit or the certain period death benefit shall be distributed as of the date the participant dies. If the single sum death benefit payable to a beneficiary does not exceed five thousand dollars, on the date of the participant’s death, the death benefit shall be distributed in a single sum as of the date the participant dies. This is a small amounts payment.   A small amounts payment is in full settlement of the death benefit otherwise payable. No other small amounts payments may be made.     Source:  SL 2020, ch 13, § 21.
SD Codified L § 3-13C-15 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 13C - Department Of Labor And Regulation Employee Retirement|Section 3-13C-15 - Accrued benefit determined.

  3-13C-15  .  Accrued benefit determined.   An active participant's monthly accrued benefit as of any date, subject to the modifications below, will be equal to the product of (1) and (2) as follows:   (1) An amount equal to two percent of average compensation; and   (2) Credited service on such date.   An active participant's monthly accrued benefit may not be less than the amount of the participant's monthly retirement benefit accrued as of December 11, 1984.   After all other modifications have been applied, an active participant's monthly accrued benefit shall be reduced by the amount of deferred monthly retirement benefit under the normal form beginning on the normal retirement date in lieu of which the participant has received a single sum payment under the plan. The participant's accrued benefit resulting from employer contributions is equal to the participant's total accrued benefit reduced by the required contribution accrued benefit.     Source:  SL 2020, ch 13, § 22.
SD Codified L § 3-13C-16 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 13C - Department Of Labor And Regulation Employee Retirement|Section 3-13C-16 - Amount of benefit at retirement.

  3-13C-16  .  Amount of benefit at retirement.   The amount of retirement benefits to be provided under the normal form for an active participant on the participant's retirement date is:   (1) On the participant's normal retirement date, the amount is equal to the participant's accrued benefit on that date;   (2) On the participant's early retirement date, the amount is equal to the participant's accrued benefit on that date, reduced by one-sixth of one percent for each month the participant's early retirement date precedes the participant's normal retirement date; or   (3) On the participant's late retirement date, the amount is equal to the participant's accrued benefit on the late retirement date.   In any event, an active participant's retirement benefit under the normal form on the participant's retirement date may not be less than the greater of the participant's required contribution accrued benefit on the participant's retirement date, reduced in the same manner as the participant's accrued benefit is reduced at early retirement date if the participant's retirement date is an early retirement date, or the monthly benefit under the normal form that is the actuarial equivalent of the participant's required contribution account on that date.     Source:  SL 2020, ch 13, § 23.
SD Codified L § 3-13C-17 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 13C - Department Of Labor And Regulation Employee Retirement|Section 3-13C-17 - Benefit limitation.

  3-13C-17  .  Benefit limitation.   Annual benefits payable under the plan may not exceed the amount provided in 26 U.S. C. §415 and are payable in accordance with §  3-12C-711  .     Source:  SL 2020, ch 13, § 24.
SD Codified L § 3-13C-19 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 13C - Department Of Labor And Regulation Employee Retirement|Section 3-13C-19 - Death benefit after retirement determination--Payment amount determined.

  3-13C-19  .  Death benefit after retirement determination--Payment amount determined.   Any death benefit after a participant's retirement will be determined by the form of retirement benefit in effect on that date. If the participant has a dependent child on the date of death after retirement date, payments shall be made as follows:   (1) For each dependent child of the participant with a surviving spouse, the amount of payments is equal to the least of:   (a) Sixty percent of the participant's average compensation on the date of death, divided by the number of dependent children;   (b) Seventy-five dollars; or   (c) Two hundred twenty-five dollars, divided by the number of dependent children.   The payments to a dependent child are in addition to the payments made to the surviving spouse; and   (2) For each dependent child of a participant who does not have a spouse on the date of death, the amount of payments is equal to the least of:   (a) Seventy-five percent of the participant's average compensation on the date of death, divided by the number of dependent children;   (b) Ninety dollars; or   (c) Two hundred seventy dollars, divided by the number of dependent children.     Source:  SL 2020, ch 13, § 26.
SD Codified L § 3-13C-20 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 13C - Department Of Labor And Regulation Employee Retirement|Section 3-13C-20 - Vested benefits--Distribution amount determined.

  3-13C-20  .  Vested benefits--Distribution amount determined.   Any distribution of vested benefits shall be a retirement benefit and subject to §  3-13C-14  . A participant who becomes an inactive participant before retirement or death is entitled to one of the following vested benefits, whichever is applicable:   (1) A deferred monthly retirement benefit under the normal form to begin on the participant's normal retirement date equal to the sum of (a) and (b):   (a) On and after June 30, 1999, the amount of monthly benefit which could be provided on the participant's normal retirement date on the normal form by the participant's required contribution account, based on the rates described in the definition of actuarial equivalent; and   (b) The product of (i) and (ii):   (i) The excess of the participant's accrued benefit on the day before becoming an inactive participant over the amount determined under (a); and   (ii) The participant's vesting percentage on the date of severance from employment; or   (2) A deferred monthly retirement benefit under the normal form to begin on the participant's late retirement date determined as follows:   (a) For a participant who became an inactive participant on or before normal retirement date, an amount equal to the amount under subdivision (1); and   (b) For a participant who became an inactive participant after normal retirement date, an amount equal to the participant's accrued benefit on the day before becoming an inactive participant.   The deferred retirement benefit for the participant on the participant's retirement date may not be less than the monthly benefit equal to the actuarial equivalent of the required contribution account on that date.   The amount of payment under any form other than the normal form shall be determined in accordance with §3-13C-21.   The participant may receive the participant's required contribution account in a single sum payment at any time after severance from employment and before the participant's retirement date, provided the participant has not again become an employee. If the amount is not payable in accordance with §  3-13C-14  , it will be distributed only if the participant so elects. The participant's election shall be subject to the requirements in §3-13C-23. The payment shall be in lieu of the required contribution accrued benefit.    If the participant dies before retiring, death benefits shall be distributed in accordance with §  3-13C-18  .     Source:  SL 2020, ch 13, § 27.
SD Codified L § 3-13C-21 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 13C - Department Of Labor And Regulation Employee Retirement|Section 3-13C-21 - Retirement benefits--Optional forms.

  3-13C-21  .  Retirement benefits--Optional forms.   The optional forms of retirement benefits are the following:   (1) A straight life annuity;   (2) A single life annuity with a certain period of ten, fifteen, or twenty years;   (3) A single life annuity with modified cash refund of the participant’s required contribution account;   (4) A survivorship life annuity equal to the participant's monthly retirement benefit, reduced by two and one-half percent of the amount of the benefit not exceeding three hundred dollars plus ten percent of the amount by which the benefit exceeds three hundred dollars, with survivorship percentages of fifty or seventy-five percent; and   (5) A Social Security adjustment option based on the normal form and adjusted in a manner so when added to the primary insurance benefits under Title II of the Federal Social Security Act in effect on the participant's retirement date will provide, as nearly as practicable, a uniform series of payments before and after attaining Social Security retirement age. This option is effective only for a participant whose retirement date occurs before the participant attains Social Security retirement age.   Social Security retirement age means, on any date, the age at which full Social Security benefits become payable as determined by the Social Security table in effect on that date.   The benefit payable under any optional form available under this section, other than the normal form, shall be the actuarial equivalent of the benefit otherwise payable to the participant under the normal form on the participant's retirement date. If the participant's retirement date is before the participant's normal retirement date, the benefit payable under any optional form other than a nondecreasing annuity payable for a period of not less than the life of the participant or an annuity decreasing during the life of the participant because of either the death of the survivor contingent participant but only if the reduction is not below fifty percent of the benefit payable before the death of the survivor contingent participant or the cessation or reduction of Social Security supplements or qualified disability payments as defined in 26 U.S.C. §401(a)(11), may not be less than the actuarial equivalent of the benefit otherwise payable to the participant under the normal form on the participant's normal retirement date.   The election of an optional form is subject to the provisions of §§  3-13C-13   and 3-13C-23.   Retirement benefits are nontransferable.     Source:  SL 2020, ch 13, § 28.
SD Codified L § 3-13C-22 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 13C - Department Of Labor And Regulation Employee Retirement|Section 3-13C-22 - Death benefits--Optional forms.

  3-13C-22  .  Death benefits--Optional forms.   The optional forms of death benefit are any of the optional forms of retirement benefit stated in §  3-13C-21   that are not survivorship life annuities. The election of an optional form is subject to the provisions of §§  3-13C-13   and 3-13C-23.     Source:  SL 2020, ch 13, § 29.
SD Codified L § 3-13C-23 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 13C - Department Of Labor And Regulation Employee Retirement|Section 3-13C-23 - Election of benefits--Requirements.

  3-13C-23  .  Election of benefits--Requirements.   The participant, beneficiary, or spouse shall make any election in writing. The system may require the person to complete and sign any necessary documents as to the provisions made.   A participant may elect a beneficiary or contingent participant and may elect to have retirement benefits distributed under the provisions of §  3-13C-21  .   A participant may elect a beneficiary for any single sum death benefits and may elect to have the death benefits distributed in accordance with §§  3-13C-18   and   3-13C-19  . If the participant has not elected an optional form of distribution for the death benefit payable to the beneficiary, the beneficiary may elect the form of distribution in like manner as a participant.    The participant, beneficiary, or spouse may make an election at any time during the election period. The participant, beneficiary, or spouse may revoke the election made or make a new election at any time and any number of times during the election period as follows:   (1) A participant may make an election as to retirement benefits at any time before the retirement benefits start date; and   (2) A participant may make an election as to death benefits at any time before the death of the participant. The spouse's election period begins on the date the participant dies and ends on the date benefits begin. The beneficiary's election period begins on the date the participant dies and ends on the date benefits begin.     Source:  SL 2020, ch 13, § 30.
SD Codified L § 3-14-1 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 14 - Expiration Of Term Of Office|Section 3-14-1 - Holding over until successor qualified.

3-14-1. Holding over until successor qualified.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.