reglab/housing_qa huggingface dataset:
SD Codified L § 3-12C-809 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 12C - South Dakota Retirement System|Section 3-12C-809 - Termination of disability benefit based on application before July 1, 2015.

3-12C-809. Termination of disability benefit based on application before July 1, 2015.A member's disability benefit that was based on an application received by the system prior to July 1, 2015, shall terminate thirty days after the earliest of the following:(1)The member no longer is disabled;(2)The member no longer is subject to the medical condition that caused the disability;(3)The member refuses to undergo a medical examination requested by the system for the purpose of reviewing the medical condition that caused the disability;(4)The member returns to continuous employment in the position the member held prior to becoming disabled; or(5)The member returns to continuous employment in a position of comparable level to the position the member held prior to becoming disabled.However, a member's disability benefit shall terminate immediately if the member's disability benefit is converted to a service retirement benefit pursuant to §3-12C-808. Source: SL 2006, ch 19, §1; SL 2014, ch 20, §29; SDCL §3-12-103.1; SL 2019, ch 22, §1.
SD Codified L § 3-12C-810 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 12C - South Dakota Retirement System|Section 3-12C-810 - Maximum amount of disability benefit--Reporting earned income--Applications before July 1, 2015.

3-12C-810. Maximum amount of disability benefit--Reporting earned income--Applications before July 1, 2015.For the first thirty-six months of a disability benefit provided by §3-12C-805, the maximum amount a member may receive in any calendar year from the disability benefit and earned income, as defined in §32(c)(2) of the Internal Revenue Code, is one hundred percent of the member's final average compensation. Starting with the thirty-seventh month of the disability benefit, the maximum amount that a member may receive in any calendar year from disability benefits provided by the federal Social Security Act equal to the primary insurance amount, the disability benefit provided by this chapter and earned income, as defined in §32(c)(2) of the Internal Revenue Code, is one hundred percent of the member's final average compensation. The maximum amount shall be indexed for each full fiscal year during which the member is eligible for such disability benefit by the COLA. Any amount exceeding this maximum amount shall reduce each monthly disability benefit payable pursuant to §3-12C-805 in the following fiscal year on a pro rata basis.Any member eligible to receive a disability benefit shall report to the system in writing any earned income of the member. The report shall be filed with the system before June first following the end of each calendar year in which a disability benefit is paid. A disabled member may file a signed copy of the member's individual income tax return in lieu of the report. No report or return need be filed for the calendar year the member dies or converts to a normal or early retirement benefit under this chapter. The disability benefit of any member failing to file a report or return as required in this section shall be suspended until the report or return is filed. The reduction may occur, however, only if a disability benefit is being paid by the system, but may not reduce the disability benefit below the minimum provided for in §3-12C-805.This section applies to any member receiving or entitled to receive a disability benefit pursuant to §3-12C-803. Source: SL 1995, ch 23, §§4, 5; SL 2004, ch 40, §4; SL 2012, ch 26, §13; SL 2013, ch 20, §12; SL 2014, ch 20, §33; SL 2016, ch 31, §29; SL 2017, ch 27, §27; SDCL §3-12-143; SL 2019, ch 22, §1.
SD Codified L § 3-12C-811 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 12C - South Dakota Retirement System|Section 3-12C-811 - Disability benefits for applications received after June 30, 2015 .

3-12C-811. Disability benefits for applications received after June 30, 2015 .The provisions of §§3-12C-812 to 3-12C-828, inclusive, apply to any member whose application for disability benefits is received by the system after June 30, 2015. Source: SL 2019, ch 22, §27.
SD Codified L § 3-12C-812 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 12C - South Dakota Retirement System|Section 3-12C-812 - Disability benefits eligibility .

3-12C-812. Disability benefits eligibility .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.
SD Codified L § 3-12C-813 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 12C - South Dakota Retirement System|Section 3-12C-813 - Application for disability benefits--Required information--Filing deadline.

3-12C-813. Application for disability benefits--Required information--Filing deadline.Any member seeking disability benefits pursuant to §3-12C-812 shall submit an application to the executive director. 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.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. Source: SL 2014, ch 20, §2; SL 2016, ch 31, §37; SDCL §3-12-202; SL 2019, ch 22, §1.
SD Codified L § 3-12C-814 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 12C - South Dakota Retirement System|Section 3-12C-814 - Employer certification of inability to provide accommodations or comparable employment.

3-12C-814. Employer certification of inability to provide accommodations or comparable employment.No application for disability benefits pursuant to §3-12C-812 may be determined until the member's 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 employment in a comparable level position. Source: SL 2014, ch 20, §3; SDCL §3-12-203; SL 2019, ch 22, §1.
SD Codified L § 3-12C-815 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 12C - South Dakota Retirement System|Section 3-12C-815 - Health care provider certification of disability.

3-12C-815. Health care provider certification of disability.No application for disability benefits pursuant to §3-12C-812 may be determined until a health care provider has certified to the system that the employee has a disability. Source: SL 2014, ch 20, §4; SDCL §3-12-204; SL 2019, ch 22, §1.
SD Codified L § 3-12C-816 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 12C - South Dakota Retirement System|Section 3-12C-816 - Advice of disability advisory committee--Independent examination or assessment--Notice of disapproval of application.

3-12C-816. Advice of disability advisory committee--Independent examination or assessment--Notice of disapproval of application.Upon receipt of an application for disability benefits after June 30, 2015, along with statements from a health care provider and the member's employer, the executive director shall determine whether the member is eligible for disability benefits. The executive director may request the advice of the disability advisory committee with respect to any application. The recommendation of the disability advisory committee is not binding on the executive director. The disability advisory committee or the executive director may require an independent medical examination of the member to be conducted by a disinterested health care provider selected by the disability advisory committee or the executive director to evaluate the member's condition. The disability advisory committee or the executive director may require a functional capacity assessment of the member to be conducted by a licensed professional qualified to administer such an assessment. The assessment may be used to evaluate the member's qualification for benefits. Refusal to undergo an examination or assessment pursuant to this section is cause for denying the application.If the executive director determines that the member is not disabled, a notice of the executive director's determination and the reasons for the determination shall be sent by certified mail to the member's last known address. Source: SL 2014, ch 20, §5; SL 2016, ch 31, §38; SDCL §3-12-205; SL 2019, ch 22, §1.
SD Codified L § 3-12C-817 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 12C - South Dakota Retirement System|Section 3-12C-817 - Notice of approval of disability benefits--Commencement of benefits.

3-12C-817. Notice of approval of disability benefits--Commencement of benefits.If the executive director determines that the member whose application was received pursuant to §3-12C-816, meets the qualifications to receive disability benefits, a notice of the executive director's determination shall be sent by certified mail to the member's last known address. A member whose application for disability benefits is approved shall receive the benefits beginning with the month following the date on which the member's contributory service terminates. If any member fails to terminate contributory service within one year after receiving notice that the member's application has been approved, the member's application approval expires. Source: SL 2014, ch 20, §6; SL 2016, ch 31, §39; SDCL §3-12-206; SL 2019, ch 22, §1.
SD Codified L § 3-12C-818 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 12C - South Dakota Retirement System|Section 3-12C-818 - Calculation of disability benefits for foundation members.

3-12C-818. Calculation of disability benefits for foundation members.The disability benefit approved pursuant to §3-12C-817 is the greater of the following calculations:(1)Twenty-five percent of the foundation member's final average compensation at the date of disability; or(2)The foundation member's unreduced accrued retirement benefit at the date of disability.The disability benefit shall be paid in monthly installments for the life of the foundation member unless the benefit terminates pursuant to §3-12C-822.For purposes of determining the eligibility of a surviving spouse benefit, the disability benefit of a foundation member is considered a retirement benefit when the member attains normal retirement age. Source: SL 2014, ch 20, §7; SL 2015, ch 26, §2; SL 2016, ch 32, §49; SDCL §3-12-207; SL 2019, ch 22, §1.
SD Codified L § 3-12C-819 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 12C - South Dakota Retirement System|Section 3-12C-819 - Disability benefits for generational members.

3-12C-819. Disability benefits for generational members.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.
SD Codified L § 3-12C-820 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 12C - South Dakota Retirement System|Section 3-12C-820 - No credited service for disability benefit period.

3-12C-820. No credited service for disability benefit period.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.
SD Codified L § 3-12C-821 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 12C - South Dakota Retirement System|Section 3-12C-821 - Contributions for period of employment while receiving disability benefits.

3-12C-821. Contributions for period of employment while receiving disability benefits.If a member receiving disability benefits becomes employed by a participating unit, the member and employer shall make active contributions pursuant to §3-12C-401 during the period of the employment. The contributions required of the member pursuant to §3-12C-401 shall be deposited by the member's employer with the system for the benefit of the member to be transferred to an account within the deferred compensation program established pursuant to chapter 3-13. The contributions shall be governed by §457 of the Internal Revenue Code. Notwithstanding the provisions of §3-12C-401, the contributions required of the member's employer pursuant to §3-12C-401 shall be deposited into the member trust fund created by this chapter, but without any association with or credit to the member. Source: SL 2014, ch 20, §9; SDCL §3-12-209; SL 2019, ch 22, §§30, 45.
SD Codified L § 3-12C-822 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 12C - South Dakota Retirement System|Section 3-12C-822 - Termination of disability benefits.

3-12C-822. Termination of disability benefits.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 shall 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 finds that the member no longer meets the qualifications for disability benefits, the executive director shall notify the member of this finding by certified mail and the payment of disability benefits shall terminate thirty days after receipt of the notice. The finding by the executive director is subject to appeal and review as a contested case. Source: SL 2014, ch 20, §10; SL 2016, ch 31, §40; SDCL §3-12-210; SL 2019, ch 22, §§31, 45.
SD Codified L § 3-12C-823 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 12C - South Dakota Retirement System|Section 3-12C-823 - Contributions upon return to covered employment.

3-12C-823. Contributions upon return to covered employment.If a member's disability benefits have terminated and the member returns to covered employment, the member and employer shall make contributions pursuant to §3-12C-401. Source: SL 2014, ch 20, §11; SDCL §3-12-211; SL 2019, ch 22, §§32, 45.
SD Codified L § 3-12C-824 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 12C - South Dakota Retirement System|Section 3-12C-824 - Retirement benefit of member who received disability benefits and returned to covered employment.

3-12C-824. Retirement benefit of member who received disability benefits and returned to covered employment.Upon retirement, a member who received disability benefits and whose benefits were terminated and who returned to covered employment shall receive a retirement benefit based on the member's credited service before receiving disability benefits and after receiving disability benefits. The final average compensation used in the calculation of the retirement benefit is the greater of:(1)The member's final average compensation at the date of retirement; or(2)The member's final average compensation at the date of disability, increased by the COLA from the date of the termination of disability benefits to the date of retirement. Source: SL 2014, ch 20, §12; SL 2017, ch 27, §33; SDCL §3-12-212; SL 2019, ch 22, §§33, 45.
SD Codified L § 3-12C-825 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 12C - South Dakota Retirement System|Section 3-12C-825 - Retirement benefit of member whose disability benefits were terminated but who did not return to covered employment.

3-12C-825. Retirement benefit of member whose disability benefits were terminated but who did not return to covered employment.Upon retirement, a member who received disability benefits and whose benefits were terminated and who did not return to covered employment shall receive a retirement benefit based on the member's credited service before receiving disability benefits. The final average compensation used in the calculation of the retirement benefit shall be the final average compensation at the date of disability, increased by the COLA from the date of the termination of disability benefits to the date of retirement. Source: SL 2014, ch 20, §13; SL 2017, ch 27, §34; SDCL §3-12-213; SL 2019, ch 22, §§34, 45.
SD Codified L § 3-12C-826 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 12C - South Dakota Retirement System|Section 3-12C-826 - Family benefit where member dies before normal retirement age while receiving disability benefits.

3-12C-826. Family benefit where member dies before normal retirement age while receiving disability benefits.Upon the death of a member receiving disability benefits, who dies prior to normal retirement age, a family benefit shall 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 shall be equally apportioned among any eligible children of the member and shall be paid on behalf of any child to the conservator or custodian of the child, as applicable. However, if the child is eighteen years of age 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.
SD Codified L § 3-12C-827 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 12C - South Dakota Retirement System|Section 3-12C-827 - Surviving spouse benefit where member received disability benefits .

3-12C-827. Surviving spouse benefit where member received disability benefits .If no family benefit is being paid, a surviving spouse of a foundation or generational member who received disability benefits shall, upon attaining the age of sixty-five or sixty-seven, respectively, receive a monthly benefit, payable for the life of the surviving spouse, equal to one of the following calculations, whichever is applicable:(1)If there was a family benefit paid, sixty percent of the family benefit paid at the time the family benefit ended, increased by the COLA from the date the last family benefit was paid; or(2)If there was no family benefit paid, sixty percent of the deceased member's disability benefit paid at the time of the member's death, increased by the COLA from the date of the member's death. Source: SL 2014, ch 20, §15; SL 2016, ch 32, §50; SL 2017, ch 27, §35; SDCL §3-12-215; SL 2019, ch 22, §§36, 45.
SD Codified L § 3-12C-828 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 12C - South Dakota Retirement System|Section 3-12C-828 - Surviving spouse benefit where member dies after normal retirement age while receiving disability benefits.

3-12C-828. Surviving spouse benefit where member dies after normal retirement age while receiving disability benefits.If a member dies after normal retirement age while receiving disability benefits, and no other benefits are being paid on behalf of the member, the member's surviving spouse shall receive a surviving spouse benefit, payable in monthly installments, equal to sixty percent of the monthly disability benefit that the member received before death. Source: SL 2014, ch 20, §16; SDCL §3-12-216; SL 2019, ch 22, §§37, 45.
SD Codified L § 3-12C-902 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 12C - South Dakota Retirement System|Section 3-12C-902 - Benefits payment on minor's behalf to be made to custodian or conservator.

3-12C-902. Benefits payment on minor's behalf to be made to custodian or conservator.Any payment of any benefit to a minor pursuant to the provisions of this chapter shall be made on the minor's behalf to a custodian or conservator appointed by law. No legal guardian may be deemed a custodian or conservator except by a separate appointment. Source: SL 2006, ch 18, §1; SDCL §3-12-95.1; SL 2019, ch 22, §1.
SD Codified L § 3-12C-903 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 12C - South Dakota Retirement System|Section 3-12C-903 - Benefits payable directly to child at age eighteen--Elimination upon ineligibility.

3-12C-903. Benefits payable directly to child at age eighteen--Elimination upon ineligibility.The conservator and custodian provisions of subdivision 3-12C-901(2) and §3-12C-902 notwithstanding, the benefit becomes payable directly to a child when the child reaches eighteen years of age. The benefit shall be eliminated when the child becomes ineligible. Source: SL 2011, ch 22, §3; SL 2016, ch 31, §19; SDCL §3-12-95.2; SL 2019, ch 22, §1.
SD Codified L § 3-12C-904 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 12C - South Dakota Retirement System|Section 3-12C-904 - Elimination of family benefit as children become ineligible.

3-12C-904. Elimination of family benefit as children become ineligible.The portion of a family benefit that is payable on account of children pursuant to subdivision 3-12C-901(1) shall be eliminated as each child becomes ineligible. The benefit shall be eliminated altogether when the youngest child becomes ineligible. Source: SL 2011, ch 22, §2; SL 2016, ch 31, §20; SDCL §3-12-95.3; SL 2019, ch 22, §1.