reglab/housing_qa huggingface dataset:
SD Codified L § 3-12C-701 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 12C - South Dakota Retirement System|Section 3-12C-701 - Benefits only payable monthly--Lump-sum payments prohibited unless specified.

3-12C-701. Benefits only payable monthly--Lump-sum payments prohibited unless specified.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.
SD Codified L § 3-12C-702 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 12C - South Dakota Retirement System|Section 3-12C-702 - Person's birthday for purposes of eligibility.

3-12C-702. Person's birthday for purposes of eligibility.For the purposes of determining eligibility for, and the amount of, any benefit payable pursuant to this chapter, the first day of the month in which a person's birthday falls is considered a person's birthday. Source: SL 2016, ch 32, §55; SDCL §3-12-47.9; SL 2019, ch 22, §1.
SD Codified L § 3-12C-703 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 12C - South Dakota Retirement System|Section 3-12C-703 - COLA applied to benefits--COLA elimination.

3-12C-703. COLA applied to benefits--COLA elimination. The COLA payable shall be applied annually to all benefits except those based on the member's accumulated contributions, variable retirement account, or contribution credit. However, the COLA shall 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 member other than a justice, judge, or magistrate judge and subsequently has reentered covered employment as a Class A member, or unless the member retired without a benefit suspension pursuant to §3-12C-1402 and then reentered active status before July 1, 2004. Such elimination shall 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.
SD Codified L § 3-12C-704 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 12C - South Dakota Retirement System|Section 3-12C-704 - Determination of COLA payable.

3-12C-704. Determination of COLA payable. The COLA payable is the baseline COLA or the restricted COLA, as applicable. The baseline COLA is equal to the increase in the consumer price index, but no less than zero percent and no greater than three and one-half percent. The restricted COLA is equal to the increase in the consumer price index, but no less than zero percent and no greater than the restricted COLA maximum as determined in subdivision (2) of this section. The board shall establish the COLA payable for each fiscal year, based on the fair value funded ratio and actuarially determined contribution rate of the system as of the prior July first and the increase in the consumer price index for the preceding third calendar quarter compared to the consumer price index for the third calendar quarter for the base year (the previous year in which the consumer price index was the highest), by utilizing one of the following subdivisions, as applicable:(1)If the system meets the criteria in subdivisions 3-12C-228(1) and (2) based on the baseline COLA assumption adopted by the board, the COLA payable is the baseline COLA; or(2)If the system does not meet the criteria in subdivisions 3-12C-228(1) and (2) based on the baseline COLA assumption adopted by the board, the system shall calculate a restricted COLA maximum in accordance with the board's funding policy that is equal to the actuarially determined annual COLA rate that results in the criteria in subdivisions 3-12C-228(1) and (2) being satisfied, if achievable. The COLA payable is the restricted COLA. If the criteria in subdivisions 3-12C-228(1) and (2) cannot be satisfied, the COLA payable is zero percent. Source: SL 2019, ch 22, §23; SL 2021, ch 26, § 3.
SD Codified L § 3-12C-705 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 12C - South Dakota Retirement System|Section 3-12C-705 - Date of application of prorated payment of COLA.

3-12C-705. Date of application of prorated payment of COLA.Application of prorated payment of the COLA applies only to benefits which were first payable after July 1, 1998, but before July 1, 2010. Source: SL 2010, ch 20, §8; SL 2017, ch 27, §5; SDCL §3-12-47.4; SL 2019, ch 22, §1.
SD Codified L § 3-12C-706 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 12C - South Dakota Retirement System|Section 3-12C-706 - Modified monthly benefit permitted.

3-12C-706. Modified monthly benefit permitted.The board may provide under its rules for a modified monthly benefit to a member or beneficiary in lieu of the monthly benefit payable under any provision of this chapter if the benefit is not greater than the actuarial equivalent of the benefit due the member or beneficiary under this chapter. Source: SL 1968, ch 216, §1; SDCL Supp, §3-12-41; SL 1970, ch 25, §11; SL 1974, ch 35, §62; SL 2017, ch 27, §18; SDCL §3-12-108; SL 2019, ch 22, §§24, 45.
SD Codified L § 3-12C-707 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 12C - South Dakota Retirement System|Section 3-12C-707 - Highest annual compensation .

3-12C-707. Highest annual compensation .To calculate benefits pursuant to §§3-12C-805, 3-12C-901, and 3-12C-1004 before July 1, 2004, the system shall use the member's highest annual compensation earned by the member during any one of the last three years of contributory service, so long as it is not more than one hundred fifteen percent of the member's final compensation calculated as of the date of the member's death or disability. Source: SL 2019, ch 22, §25.
SD Codified L § 3-12C-708 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 12C - South Dakota Retirement System|Section 3-12C-708 - Time of termination of benefits.

3-12C-708. Time of termination of benefits.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.
SD Codified L § 3-12C-709 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 12C - South Dakota Retirement System|Section 3-12C-709 - Duplicate benefits prohibited unless from another member's contributions.

3-12C-709. Duplicate benefits prohibited unless from another member's contributions.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.
SD Codified L § 3-12C-710 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 12C - South Dakota Retirement System|Section 3-12C-710 - Member who leaves employment--Spouse and minor children.

3-12C-710. Member who leaves employment--Spouse and minor children.A member who leaves the employment of a participating unit is not entitled to disability benefits and the member's surviving spouse and minor children are not entitled to any benefits pursuant to this chapter. Source: SL 2019, ch 22, §22.
SD Codified L § 3-12C-711 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 12C - South Dakota Retirement System|Section 3-12C-711 - Rules regulating maximum annual benefit--Tax qualification--Limitation year defined.

3-12C-711. Rules regulating maximum annual benefit--Tax qualification--Limitation year defined.Pursuant to chapter 1-26, the board shall adopt rules regulating the maximum annual benefit that may be paid to a member. The rules shall be consistent with maintaining the tax qualification of the system. No benefit may exceed the limitations imposed by §415 of the Internal Revenue Code. For the purposes of administering the limitations imposed by §415, the term, limitation year, means a period extending from July first of one calendar year through June thirtieth of the following calendar year. Source: SL 1984, ch 23, §6; SL 1996, ch 29, §2; SL 1997, ch 32, §2; SL 2002, ch 22, §3; SL 2013, ch 20, §1; SDCL §3-12-89.1; SL 2019, ch 22, §1.
SD Codified L § 3-12C-712 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 12C - South Dakota Retirement System|Section 3-12C-712 - Compensation limits in Internal Revenue Code § 401(a)(17) .

3-12C-712. Compensation limits in Internal Revenue Code §401(a)(17) .Any compensation in excess of the limits established in §401(a)(17) of the Internal Revenue Code shall be disregarded for purposes of contributions and benefit calculations under the system. Any benefit calculations for members subject to the limits established in §401(a)(17) of the Internal Revenue Code but for whom the limitation on compensation did not apply before January 1, 2018, shall be based on unlimited compensation for credited service before January 1, 2018, and limited compensation for credited service as of January 1, 2018. Source: SL 2017, ch 28, §3, eff. Jan. 1, 2018; SDCL §3-12-47.12; SL 2019, ch 22, §1.
SD Codified L § 3-12C-713 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 12C - South Dakota Retirement System|Section 3-12C-713 - Contribution credit defined--Payment of contribution credit and credited investment return.

3-12C-713. Contribution credit defined--Payment of contribution credit and credited investment return. For purposes of this section, the term, contribution credit, means the employer and member contributions, reduced by any variable retirement contributions, on compensation not included in the computation of final average compensation as a result of the final average compensation limits provided pursuant to §§3-12C-1104 and 3-12C-1202.The contribution credit plus the credited investment return on the contribution credit is payable at the retirement, disability, or death of the member. The credited investment return, which shall be credited annually as of June thirtieth, is the South Dakota Investment Council's reported money-weighted investment return of the system, net of fees, for the completed fiscal year. Any contribution credit made during the fiscal year shall receive one-half year's credited investment return for that year. For any account distributed during the fiscal year, the estimated investment return shall be credited to the end of the month before the date on which the contribution credit is paid.The contribution credit plus credited investment return is payable to the member commencing a retirement benefit or a disability benefit three consecutive calendar months after the effective date of the benefit. The contribution credit plus credited investment return is payable to a member's child who is eligible for a family benefit or a member's spouse who is eligible for a surviving spouse benefit, upon the death of the member. No contribution credit is payable to any member who withdraws accumulated contributions from the system or to any beneficiary who receives a lump sum payment of accumulated contributions. For the purpose of paying a distribution, the amount payable is the total of contribution credit plus credited investment return or the total contribution credit, whichever is greater. The amount may be paid in a lump sum, rolled over to the South Dakota deferred compensation plan, rolled over to another eligible plan, or used to purchase a supplemental pension benefit. However, the purchase of a supplemental pension benefit is only available upon the member's retirement. Source: SL 2017, ch 29, §7; SDCL §3-12-47.11; SL 2019, ch 22, §1; SL 2021, ch 27, § 3.
SD Codified L § 3-12C-801 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 12C - South Dakota Retirement System|Section 3-12C-801 - Criteria for determining disability--Uniform application.

3-12C-801. Criteria for determining disability--Uniform application.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.
SD Codified L § 3-12C-802 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 12C - South Dakota Retirement System|Section 3-12C-802 - Disability documentation inadmissible for proceedings relative to workers' compensation.

3-12C-802. Disability documentation inadmissible for proceedings relative to workers' compensation.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.
SD Codified L § 3-12C-803 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 12C - South Dakota Retirement System|Section 3-12C-803 - Disability benefits eligibility--Applications before July 1, 2015--Required information--Filing deadline.

3-12C-803. Disability benefits eligibility--Applications before July 1, 2015--Required information--Filing deadline.A contributing member who becomes disabled and who has acquired at least three years of contributory service or noncontributory service since the member's most recent entry into active status and prior to becoming disabled or was disabled by accidental means while performing usual duties for an employer, is eligible for a disability benefit if the disability is expected to be of long, continued, and indefinite duration of at least one year. In order to be eligible for a disability benefit, a member must be disabled on the date the member's contributory service ends. Any member who fails to file an application for disability benefits with the executive director within three years after the date the member's contributory service ends, forfeits all rights to disability benefits. Any information required for a complete application must be received within one year after the application for disability benefits was received. If the required information is not received by the system within one year after the application is received, the member may reapply. For purposes of this section, a transfer within a participating unit, or a change in employment from one participating unit to another participating unit if there is no break in contributory service, does not constitute a new entry into active status. The provisions of this section apply to any member whose application for disability benefits is received by the system before July 1, 2015. Source: SL 1974, ch 35, §52; SL 1977, ch 28, §11; SL 1979, ch 30, §2; SL 1980, ch 31, §3; SL 1992, ch 3; SL 2004, ch 37, §3; SL 2005, ch 24, §5; SL 2014, ch 20, §24; SL 2016, ch 31, §21; SDCL §3-12-98; SL 2019, ch 22, §1.
SD Codified L § 3-12C-804 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 12C - South Dakota Retirement System|Section 3-12C-804 - Employer certification of inability to provide effective accommodations or comparable employment--Applications before July 1, 2015.

3-12C-804. Employer certification of inability to provide effective accommodations or comparable employment--Applications before July 1, 2015.No application for disability benefits pursuant to §3-12C-803 may be determined until the employer has certified to the system that, within the employer's understanding of the member's medical condition and the employer's knowledge of the member's employment requirements and duties, the employer is unable to provide to the member either effective accommodations in the member's current position or comparable level employment in another position. Source: SL 1995, ch 23, §2; SL 2006, ch 19, §2; SL 2014, ch 20, §32; SDCL §3-12-141; SL 2019, ch 22, §1.
SD Codified L § 3-12C-805 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 12C - South Dakota Retirement System|Section 3-12C-805 - Amount of monthly disability benefit--Applications before July 1, 2015.

3-12C-805. Amount of monthly disability benefit--Applications before July 1, 2015.The disability benefit for the first thirty-six months shall be equal to fifty percent of the member's final average compensation immediately preceding the date of disability, increased by ten percent of such compensation for each child to a maximum of four such children.Starting with the thirty-seventh month, if the member is eligible for and receiving disability benefits from social security, the disability benefit from the system is equal to the greater of the amount paid during the first thirty-six months less the amount of primary social security or the amount of the member's unreduced accrued retirement benefit as of the date of disability. If the member's unreduced accrued retirement benefit is the greater, it is immediately payable by the system notwithstanding any other provisions to the contrary. In no event may the annual amount of a disability benefit be less than twenty percent of the compensation on which the initial disability benefit was based.Starting with the thirty-seventh month, if the member is not eligible for and receiving disability benefits from social security, the disability benefit from the system is equal to the greater of twenty percent of the compensation on which the initial disability benefit was based or the amount of the member's unreduced accrued retirement benefit as of the date of disability. If the member's unreduced accrued retirement benefit is the greater, it is immediately payable by the system notwithstanding any other provisions to the contrary. The disability benefit shall be paid only in the form of monthly installments. The provisions of this section apply to any member whose application for disability benefits is received by the system prior to July 1, 2015. Source: SL 1974, ch 35, §53; SL 1994, ch 32, §3; SL 2004, ch 40, §2; SL 2014, ch 20, §25; SDCL §3-12-99; SL 2019, ch 22, §1.
SD Codified L § 3-12C-806 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 12C - South Dakota Retirement System|Section 3-12C-806 - Elimination or addition of disability benefit pertaining to children--Applications before July 1, 2015.

3-12C-806. Elimination or addition of disability benefit pertaining to children--Applications before July 1, 2015.That portion of a disability benefit that is payable on account of children shall be eliminated as each child becomes ineligible. However, the portion of a disability benefit that is payable on account of children shall increase if a disabled member gains an additional child who is eligible. All other provisions in §3-12C-807 do not apply to members receiving a disability benefit pursuant to this chapter. The provisions of this section apply to any member whose application for disability benefits is received by the system before July 1, 2015. Source: SL 1994, ch 32, §4; SL 2011, ch 22, §1; SL 2014, ch 20, §26; SL 2016, ch 31, §22; SDCL §3-12-99.1; SL 2019, ch 22, §1.
SD Codified L § 3-12C-807 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 12C - South Dakota Retirement System|Section 3-12C-807 - Deduction of other public benefits from disability benefit--Reduction when children become ineligible--Applications before July 1, 2015.

3-12C-807. Deduction of other public benefits from disability benefit--Reduction when children become ineligible--Applications before July 1, 2015.Disability benefits shall be reduced by an amount equal to the unmodified benefits paid or payable under other public systems. Disability benefits payable on account of children shall be reduced when children become ineligible. In no event may the annual amount of a disability benefit be less than the greater of six percent of the compensation on which the disability benefit is based or six hundred dollars a year.However, any disability benefit effective prior to July 1, 1994, and payable on or after that date may not be reduced by any benefit payable on account of a veteran's disability or from any insured or self-insured short-term disability plan sponsored by an employer and paid for by the employee or paid for under a salary reduction plan. Further, any disability benefit effective prior to July 1, 1994, and payable on or after July 1, 1995, may not be reduced by any benefit payable on account of a federal military retirement or a federal national guard retirement. The provisions of this section apply to any member whose application for disability benefits is received by the system prior to July 1, 2015. Source: SL 1974, ch 35, §55; SL 1986, ch 37, §7; SL 1993, ch 43, §§1, 2; SL 1994, ch 36; SL 1995, ch 20; SL 2014, ch 20, §27; SDCL §3-12-101; SL 2019, ch 22, §1.
SD Codified L § 3-12C-808 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 12C - South Dakota Retirement System|Section 3-12C-808 - Conversion of disability benefit to retirement benefit at retirement age--Applications before July 1, 2015.

3-12C-808. Conversion of disability benefit to retirement benefit at retirement age--Applications before July 1, 2015.When a person who is receiving a disability benefit reaches age sixty-five, or at such later date if there are no eligible children, or if over age sixty at the time of commencement of disability, after a period of five years, the member's disability benefit shall be terminated and thereafter the member shall receive the benefit payable for service retirement at that age, calculated on the projected compensation and projected service. If a person who received a disability benefit returns to employment prior to normal retirement age, the member's credited service shall include the time of disability. The provisions of this section apply to any member whose application for disability benefits is received by the system prior to July 1, 2015. Source: SL 1974, ch 35, §57; SL 1992, ch 33; SL 2014, ch 20, §28; SDCL §3-12-103; SL 2019, ch 22, §1.