reglab/housing_qa huggingface dataset:
SD Codified L § 3-12C-105 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 12C - South Dakota Retirement System|Section 3-12C-105 - Compensation defined.

3-12C-105. Compensation defined.For the purposes of this chapter, the term, 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 any amount reported as wages, tips, and other compensation on the member's federal form W-2 wage and tax statement, except as otherwise excluded in this section; any amount of member contributions made by an employer after June 30, 1984, pursuant to §3-12C-401; and any amount contributed by a member to a plan that meets the requirements of section 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.
SD Codified L § 3-12C-106 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 12C - South Dakota Retirement System|Section 3-12C-106 - Contributing member defined.

3-12C-106. Contributing member defined.For the purposes of this chapter, a contributing member is any member for whom the system receives an employer contribution report that includes the member's employee and employer contributions indicating that the member is an active member. A member's active membership is terminated and the member is no longer a contributing member when the system receives notice of termination from an employer, accompanied by the member's final employee and employer contributions. Source: SL 2016, ch 32, §53; SDCL §3-12-47.7; SL 2019, ch 22, §1.
SD Codified L § 3-12C-107 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 12C - South Dakota Retirement System|Section 3-12C-107 - Disability defined.

3-12C-107. Disability defined.The term, disability or disabled, means any medically determinable physical or mental impairment that prevents a member from performing the member's usual duties for the member's employer, even with accommodations, or performing the duties of a comparable level position for the member's employer. The term excludes any condition resulting from a willful, self-inflicted injury. Source: SL 2019, ch 22, §5.
SD Codified L § 3-12C-108 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 12C - South Dakota Retirement System|Section 3-12C-108 - Effective rate of interest defined.

3-12C-108. Effective rate of interest defined.For the purposes of this chapter, the phrase, effective rate of interest, means the interest at an annually compounded rate to be established by the board for each fiscal year. The rate shall be no greater than ninety percent of the average ninety-one day United States treasury bill rate for the immediately preceding calendar year and in no event may the rate be more than the rate established by the board pursuant to §3-12C-227 for investment return for purposes of the actuarial valuation. If a member withdraws contributions pursuant to §3-12C-602 or 3-12C-604, or if benefits are payable under §3-12C-409, the interest shall be as annually compounded on the preceding June thirtieth. Source: SL 2016, ch 32, §54; SDCL §3-12-47.8; SL 2019, ch 22, §1.
SD Codified L § 3-12C-109 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 12C - South Dakota Retirement System|Section 3-12C-109 - Minimum actuarial requirement to support benefits defined.

3-12C-109. Minimum actuarial requirement to support benefits defined.For the purposes of this chapter, the phrase, minimum actuarial requirement to support benefits, means the normal cost and the interest on and amortization of the unfunded actuarial accrued liability over a period not to exceed twenty years, all expressed in terms of a percentage of covered payroll and based on the baseline COLA or the restricted COLA, as applicable. If the actuarial value of assets exceeds the actuarial accrued liability, the minimum actuarial requirement to support benefits includes a thirty year amortization of the amount by which the actuarial value of assets exceeds the actuarial accrued liability. Source: SL 2018, ch 33, §13; SDCL §3-12-120.4; SL 2019, ch 22, §1.
SD Codified L § 3-12C-110 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 12C - South Dakota Retirement System|Section 3-12C-110 - Spouse defined.

3-12C-110. Spouse defined.The term, spouse, means a person who was married to the member at the time of the death of the member and whose marriage was both before the member's retirement and more than twelve months before the death of the member. Source: SL 2019, ch 22, §6.
SD Codified L § 3-12C-111 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 12C - South Dakota Retirement System|Section 3-12C-111 - Terminated defined.

3-12C-111. Terminated defined.The term, terminated, means complete severance of employment from public service of any member by resignation or discharge, not including leave of absence, layoff, vacation leave, sick leave, or jury duty, and involving all termination proceedings routinely followed by the member's participating unit, including payment to the member for unused vacation leave, payment to the member for unused sick leave, payment to the member for severance of an employment contract, severance of employer-provided health insurance coverage, severance of employer-provided life insurance coverage, or severance of any other such employer-provided perquisite of employment granted by the member's participating unit to an active employee. Source: SL 2019, ch 22, §7.
SD Codified L § 3-12C-112 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 12C - South Dakota Retirement System|Section 3-12C-112 - Vested defined.

3-12C-112. Vested defined.The term, vested, means the right to a retirement benefit from the system based on the provisions of this chapter after three years of contributory service or noncontributory service, even if the member leaves the employment of a participating unit, if the member does not withdraw accumulated contributions. Source: SL 2019, ch 22, §8.
SD Codified L § 3-12C-201 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 12C - South Dakota Retirement System|Section 3-12C-201 - Citation of chapter.

3-12C-201. Citation of chapter.This chapter shall be cited as the South Dakota Retirement Act. Source: SL 1974, ch 35, §84; SDCL §3-12-128; SL 2019, ch 22, §1.
SD Codified L § 3-12C-202 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 12C - South Dakota Retirement System|Section 3-12C-202 - System managed by board--Standard of conduct--Legal advice.

3-12C-202. System managed by board--Standard of conduct--Legal advice.The system shall be under the Board of Trustees. The Board of Trustees shall be held to the standard of conduct of a fiduciary and shall carry out its functions solely in the interest of the members and benefit recipients and for the exclusive purpose of providing benefits and defraying reasonable expenses incurred in performing such duties as required by law. The system may not engage in any activity that is not solely designed to provide for the exclusive benefit of the members and benefit recipients of the system. The attorney general is the legal adviser to the board. Source: SL 1967, ch 303, §3; SDCL §3-12-4; SL 1968, ch 216, §1; SL 1973, ch 2, §22 (a) to (d); SL 1973, ch 25; SDCL Supp, §§3-12-4.1, 3-13-4.1, 13-45-8.1, 16-8-7.1; SL 1974, ch 35, §12; SL 1979, ch 27, §3; SL 1992, ch 30, §2; SL 2010, ch 21, §1; SDCL §3-12-54; SL 2019, ch 22, §1.
SD Codified L § 3-12C-203 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 12C - South Dakota Retirement System|Section 3-12C-203 - Board of Trustees created--Composition.

3-12C-203. Board of Trustees created--Composition. There is created a governing authority of the system known as the Board of Trustees. Voting representation on the board shall be the following:(1)Two state employee members;(2)Two certified school employee members;(3)A participating municipality member;(4)A participating county member;(5)A participating classified employee member;(6)A current contributing Class B member other than a justice, judge, or magistrate judge;(7)A justice, judge, or magistrate judge;(8)One head of a principal department established pursuant to §1-32-2, or one head of a bureau under the Department of Executive Management established pursuant to §1-33-3 appointed by the Governor;(9)An individual appointed by the Governor;(10)A county commissioner of a participating county;(11)A school district board member;(12)An elected municipal official of a participating municipality;(13)A retiree; and(14)A faculty or administrative member employed by the Board of Regents and not subject to the provisions of chapter 3-6D.A representative of the State Investment Council shall serve as an ex officio nonvoting member. Source: SL 1967, ch 303, §3; SDCL §3-12-4; SL 1968, ch 216, §1; SL 1973, ch 25; SL 1974, ch 35, §3; SL 1975, ch 38, §7; SL 1976, ch 39, §8; SL 1977, ch 28, §4; SL 1979, ch 27, §1; SL 1994, ch 33; SL 2018, ch 33, §7; SDCL §3-12-48; SL 2019, ch 22, §1; SL 2020, ch 12, § 2.
SD Codified L § 3-12C-204 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 12C - South Dakota Retirement System|Section 3-12C-204 - Election of trustees--Terms of office.

3-12C-204. Election of trustees--Terms of office.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.
SD Codified L § 3-12C-205 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 12C - South Dakota Retirement System|Section 3-12C-205 - Resignation of trustee due to loss of qualifying status--Filling of vacancy.

3-12C-205. Resignation of trustee due to loss of qualifying status--Filling of vacancy.If any trustee no longer serves in the capacity that qualified the trustee for membership on the board, the trustee is considered to have resigned from the board on June thirtieth of the following calendar year. The vacancy created by the resignation shall be filled through the annual election process. However, if the vacancy is not filled through the annual election process, the board shall fill the vacancy by appointment. The person elected or appointed shall serve a four-year term regardless of the time remaining in the term of the trustee who ceased serving in the qualifying capacity. The provisions of this section do not apply to any trustee who, on January 1, 2019, is no longer serving in the capacity that qualified the trustee. Source: SL 1959, ch 84, §8; SDC Supp 1960, §15.3912; SL 1961, ch 255, §7; SDCL §§9-15-6, 13-45-12; SL 1970, ch 106, §2; SL 1974, ch 35, §11; SL 1982, ch 32, §2; SL 2011, ch 21, §2; SDCL §3-12-53; SL 2019, ch 22, §1; SL 2019, ch 23, §6.
SD Codified L § 3-12C-206 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 12C - South Dakota Retirement System|Section 3-12C-206 - Oath of office of trustees.

3-12C-206. Oath of office of trustees.Each trustee within ten days after being appointed or elected shall take and file in the Office of the Secretary of State the oath required by §3-1-5. Source: SL 1959, ch 84, §7; SDC Supp 1960, §15.3911; SL 1961, ch 255, §8; SL 1967, ch 303, §3; SDCL §§3-12-5, 9-15-8, 13-45-10; SL 1968, ch 216, §1; SL 1974, ch 35, §8; SDCL §3-12-50; SL 2019, ch 22, §§9, 45.
SD Codified L § 3-12C-207 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 12C - South Dakota Retirement System|Section 3-12C-207 - Compensation and expenses of trustees.

3-12C-207. Compensation and expenses of trustees.The trustees shall receive per diem compensation and allowable expenses for their services as trustees as are fixed pursuant to §4-7-10.4. Source: SL 1967, ch 303, §3; SDCL §3-12-6; SL 1968, ch 216, §1; SL 1974, ch 35, §9; SDCL §3-12-51; SL 2019, ch 22, §1.
SD Codified L § 3-12C-208 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 12C - South Dakota Retirement System|Section 3-12C-208 - Meetings of board--Chair and vice chair--Votes required for decision.

3-12C-208. Meetings of board--Chair and vice chair--Votes required for decision.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.
SD Codified L § 3-12C-209 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 12C - South Dakota Retirement System|Section 3-12C-209 - Appointment of executive director--Compensation--Employment of personnel--Bond.

3-12C-209. Appointment of executive director--Compensation--Employment of personnel--Bond.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 shall be based on a compensation policy, adopted by the board, that 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 the 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 such services.The board shall require the bonding of the executive director in an amount set by the board that shall be included under the state employees' blanket bond. The premium may be charged to the fund. 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.
SD Codified L § 3-12C-210 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 12C - South Dakota Retirement System|Section 3-12C-210 - Expense fund continued--Transfer from retirement system fund--Report of budget--Appropriation and disbursement for expenses.

3-12C-210. Expense fund continued--Transfer from retirement system fund--Report of budget--Appropriation and disbursement for expenses.The South Dakota Retirement System expense fund is continued and the board is authorized to transfer from the South Dakota Retirement System fund an annual amount not to exceed three percent of the annual contributions received by the system, and the money transferred is appropriated for the payment of the administrative costs of the system. The board shall report its proposed annual budget to the Legislature for approval. Expenditures from all funds shall be disbursed on warrants drawn by the state auditor and shall be supported by vouchers approved by the executive director of the system. Source: SL 1967, ch 303, §12; SDCL §3-12-42; SL 1968, ch 216, §1; SL 1970, ch 25, §12; SL 1974, ch 35, §18; SL 1976, ch 42; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011; SL 2016, ch 31, §5; SDCL §3-12-61; SL 2019, ch 22, §1.
SD Codified L § 3-12C-211 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 12C - South Dakota Retirement System|Section 3-12C-211 - Rules for administration.

3-12C-211. Rules for administration.The Board of Trustees may promulgate rules necessary to establish uniform procedures for the administration of the system and to insure uniformity of application of the provisions of this chapter. Rules may be adopted in the following areas:(1)Membership and class of membership;(2)Contributions and the collection of contributions;(3)Criteria and procedures for the determination of applications for, and payment of disability benefits;(4)Procedure for applications for benefits and the payment of benefits;(5)Election of trustees; and(6)Procedure for the conduct of meetings of the board.The rules shall be promulgated pursuant to chapter 1-26 and shall be in accordance with the provisions of this chapter. Source: SL 1967, ch 303, §3 (9); SDCL §3-12-11; SL 1968, ch 216, §1; SL 1974, ch 35, §15; SL 1983, ch 22, §1; SL 2017, ch 27, §7; SDCL §3-12-58; SL 2019, ch 22, §1.
SD Codified L § 3-12C-212 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 12C - South Dakota Retirement System|Section 3-12C-212 - Applications for membership or benefits--Picture identification required.

3-12C-212. Applications for membership or benefits--Picture identification required. Applications for membership or any benefit shall be made to the executive director on forms approved by the system. Each application shall be accompanied by a copy of the person's current driver license or other picture identification card issued by a government agency or tribe. 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.
SD Codified L § 3-12C-213 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 12C - South Dakota Retirement System|Section 3-12C-213 - Grievance procedure--Administrative and judicial review.

3-12C-213. Grievance procedure--Administrative and judicial review.Any person aggrieved by a final determination made by the system's staff may request review of the final determination and a decision by the executive director if the request is made in writing within thirty days after receiving the final determination. The person, if then aggrieved by the executive director's decision, may appeal the decision, if the person files a written notice of appeal with the executive director within thirty days of the date of the decision. The notice shall identify the person appealing and the decision appealed. The appeal shall be conducted by a hearing examiner in accordance with chapter 1-26. The hearing examiner, after hearing the evidence in the matter, shall make proposed findings of fact and conclusions of law, and a proposed decision. The executive director shall accept, reject, or modify the findings, conclusions, and decision of the hearing examiner and such action constitutes the final agency decision. Alternatively, the executive director may appoint the hearing examiner to make the final agency decision. The final agency decision may be appealed to circuit court pursuant to chapter 1-26. The executive director may arrange for the assistance of private counsel throughout the appeal process. 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.
SD Codified L § 3-12C-214 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 12C - South Dakota Retirement System|Section 3-12C-214 - Correction of records--Adjustment for underpayment or overpayment--Limitation.

3-12C-214. Correction of records--Adjustment for underpayment or overpayment--Limitation.If any change or error in the records of the system or any participating unit results in any person receiving from the system less than the person would have been entitled to receive had the records been correct, the executive director shall correct the error and, as far as practicable, shall adjust the payment to provide the person the amount to which the person is correctly entitled.If any change or error in the records of the system or any participating unit results in any person receiving from the system more than the person would have been entitled to receive had the records been correct, the executive director shall correct the error and, as far as practicable, shall recover the overpayment to reflect the amount to which the person is correctly entitled. The board shall promulgate rules, pursuant to chapter 1-26, concerning the methods by which an overpayment shall be repaid, including an actuarial equivalent. However, the recovery of an overpayment is limited to the amount attributable to any error that occurred during the six-year period immediately before the discovery of the error. This limitation does not apply in the case of fraud, intentional misrepresentation, material omission, or other fault on the part of a member or beneficiary. Source: SL 1959, ch 84, §38; SDC Supp 1960, §15.3942; SL 1961, ch 255, §40; SDCL §§9-15-68, 13-45-70; SL 1970, ch 25, §13; SDCL Supp, §3-12-44; SL 1974, ch 35, §68; SL 2015, ch 28, §1; SL 2016, ch 31, §23; SDCL §3-12-114; SL 2019, ch 22, §1.