reglab/housing_qa huggingface dataset:
SD Codified L § 3-12C-1813 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 12C - South Dakota Retirement System|Section 3-12C-1813 - Conflicts.

  3-12C-1813  .  Conflicts.   In resolving any conflict between provisions of this part, and in resolving any other uncertainty as to the meaning or intention of any provision of the qualified benefit preservation arrangement, the prevailing interpretation shall be the one that causes:   (1) The qualified benefit preservation arrangement to constitute a qualified governmental excess benefit arrangement under the provisions of section 415(m) of the Internal Revenue Code and the qualified benefit preservation arrangement fund to be exempt from tax under sections 115 and 415(m) of the Internal Revenue Code;   (2) The qualified benefit preservation arrangement and the system to comply with all applicable requirements of the code; and   (3) The qualified benefit preservation arrangement and the system to comply with all applicable state laws.     Source:  SL 2020, ch 14, § 13.
SD Codified L § 3-12C-1814 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 12C - South Dakota Retirement System|Section 3-12C-1814 - Limitation of rights.

  3-12C-1814  .  Limitation of rights.   Neither the establishment or maintenance of the qualified benefit preservation arrangement, nor any amendment to the qualified benefit preservation arrangement, nor any act or omission under the qualified benefit preservation arrangement or resulting from the operation of the qualified benefit preservation arrangement, may be construed:   (1) As conferring upon any participant or any other person a right or claim against the system, board, executive director, trustees, or any employer, except to the extent that the right or claim is specifically expressed and provided in the qualified benefit preservation arrangement;   (2) As creating any responsibility or liability of any employer for the validity or effect of the qualified benefit preservation arrangement;   (3) As a contract between any employer and any participant or other person;   (4) As being consideration for, or an inducement or condition of, employment of any participant or other person, or as affecting or restricting in any manner or to any extent whatsoever the rights or obligations of any employer or any participant or other person to continue or terminate the employment relationship at any time; or   (5) As giving any participant the right to be retained in the employer's service or to interfere with the employer's right to discharge any participant or other person at any time.     Source:  SL 2020, ch 14, § 14.
SD Codified L § 3-12C-1815 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 12C - South Dakota Retirement System|Section 3-12C-1815 - Erroneous payments--Corrections.

  3-12C-1815  .  Erroneous payments--Corrections.   Any benefit payment that should not have been made, according to the terms of the qualified benefit preservation arrangement and the benefits provided under the qualified benefit preservation arrangement, may be recovered as provided in §  3-12C-214  .   If in doubt concerning the correctness of any action in making a payment of a benefit, the payment may be suspended until verification as to the correctness of the payment or the person to receive the payment.     Source:  SL 2020, ch 14, § 15.
SD Codified L § 3-12C-1816 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 12C - South Dakota Retirement System|Section 3-12C-1816 - Administration of benefit--Release and receipt.

  3-12C-1816  .  Administration of benefit--Release and receipt.   Any payment to any participant shall, to the extent paid, be in full satisfaction of the participant's claim being paid and may be conditioned on the delivery by the participant of the duly executed receipt and release in a form determined by the system.     Source:  SL 2020, ch 14, § 16.
SD Codified L § 3-12C-1817 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 12C - South Dakota Retirement System|Section 3-12C-1817 - Reservation of power to change.

  3-12C-1817  .  Reservation of power to change.   The Legislature reserves the right at any time and, from time to time, to modify or amend, in whole or in part, any or all of the provisions of the qualified benefit preservation arrangement. No member of the system and no beneficiary of a member acquires any vested right to a payment under the qualified benefit preservation arrangement.     Source:  SL 2020, ch 14, § 17.
SD Codified L § 3-12C-1901 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 12C - South Dakota Retirement System|Section 3-12C-1901 - General rule.

3-12C-1901. 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 section 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 2021, ch 28, §2.
SD Codified L § 3-12C-1902 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 12C - South Dakota Retirement System|Section 3-12C-1902 - Member's death after distributions begun.

3-12C-1902. 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, §3.
SD Codified L § 3-12C-1903 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 12C - South Dakota Retirement System|Section 3-12C-1903 - Member's death before required distributions begun.

3-12C-1903. Member's death before required 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, §4.
SD Codified L § 3-12C-1904 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 12C - South Dakota Retirement System|Section 3-12C-1904 - Incidental benefit rule.

3-12C-1904. 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, §5.
SD Codified L § 3-12C-1905 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 12C - South Dakota Retirement System|Section 3-12C-1905 - Reasonable and made in good faith.

3-12C-1905. Reasonable and made in good faith.Notwithstanding the other provisions of §§ 3-12C-1901 to 3-12C-1904, inclusive, or the provisions of United States Treasury regulations, benefit options may continue so long as the option satisfies § 401(a)(9) of the Internal Revenue Code based on a reasonable and good faith interpretation of that section. Source: SL 2021, ch 28, §6.
SD Codified L § 3-13-49 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 13 - Deferred Compensation Plan For Public Employees|Section 3-13-49 - State deferred compensation plan--Agreements in writing--Administrative charge--Amounts deferred remitted to state deferred compensation fund.

3-13-49. State deferred compensation plan--Agreements in writing--Administrative charge--Amounts deferred remitted to state deferred compensation fund.The board may establish the South Dakota deferred compensation plan for state government and political subdivision governments as determined by the board. Any eligible person wishing to participate shall execute such agreements as the board may require and shall specify in writing the amount of compensation to be deferred. Such agreement shall authorize reduction of compensation by the amount specified plus an administrative charge set by the board. The employer of each participating employee shall remit all amounts so deferred to the South Dakota deferred compensation fund, along with such documentation as may be required, no later than ten days after each payday. No deferral of compensation under this chapter may reduce compensation for the purpose of calculation of contributions and benefits under chapters 3-6E and 3-12C. Source: SL 1987, ch 38, §1.
SD Codified L § 3-13-49.1 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 13 - Deferred Compensation Plan For Public Employees|Section 3-13-49.1 - Political subdivisions.

3-13-49.1. Political subdivisions.Notwithstanding the provisions of §3-13-49, any political subdivision may establish a deferred compensation program for its employees. Participation in such program shall be by written agreement between the employees and the governing body of the political subdivision. The agreement shall provide for the deferral of compensation and the investment and administration of such funds. Source: SL 1989, ch 43.
SD Codified L § 3-13-50 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 13 - Deferred Compensation Plan For Public Employees|Section 3-13-50 - Administration of plan--Hiring and remuneration of additional employees.

3-13-50. Administration of plan--Hiring and remuneration of additional employees.The executive director shall administer the plan. The executive director may hire additional employees as may be required and shall set the remuneration of the employees. Source: SL 1987, ch 38, §2; SL 2016, ch 31, §49.
SD Codified L § 3-13-51.1 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 13 - Deferred Compensation Plan For Public Employees|Section 3-13-51.1 - Investment of funds--Investment officer as fiduciary.

3-13-51.1. Investment of funds--Investment officer as fiduciary.A participant may invest in any investment selected by the state investment officer, including annuity contracts. The state investment officer may enter into contracts for investment alternatives. The executive director or third-party administrator may transfer funds to, from, and among the respective investment alternatives as directed by the participant or as required if the investment alternative is no longer available. The state investment officer shall be held to the standard of conduct of a fiduciary and shall carry out all functions solely in the interests of the participants and benefit recipients and for the exclusive purpose of providing benefits and defraying reasonable expenses incurred in performing the duties required by law. Source: SL 2000, ch 27, §2; SL 2016, ch 31, §50.
SD Codified L § 3-13-51.2 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 13 - Deferred Compensation Plan For Public Employees|Section 3-13-51.2 - Executive director and investment officer to execute necessary agreements.

3-13-51.2. Executive director and investment officer to execute necessary agreements.The executive director shall execute any agreements necessary to carry out the provisions of this chapter, except agreements as are executed by the state investment officer pursuant to §3-13-51.1.  Source: SL 2000, ch 27, §4; SL 2016, ch 31, §51.
SD Codified L § 3-13-51.3 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 13 - Deferred Compensation Plan For Public Employees|Section 3-13-51.3 - Default designation of new investment selection upon termination of participant's contract.

3-13-51.3. Default designation of new investment selection upon termination of participant's contract.If a contract with a vendor terminates and a participant fails to notify the third-party administrator of the participant's new investment selection before the contract terminates, the third-party administrator shall transfer that participant's account to the investment alternative designated by the state investment officer. Source: SL 2000, ch 27, §5.
SD Codified L § 3-13-52 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 13 - Deferred Compensation Plan For Public Employees|Section 3-13-52 - Limitation of liability to participants.

3-13-52. Limitation of liability to participants.Neither the plan nor any participating employer may have any liability to any participant for losses arising out of any decrease in the value of any investments held by the plan. The liability of the plan to any participant is limited to the value of the participant's account on the date the account is made available to the participant pursuant to the provisions of the plan. In no event may any member of the board, the executive director or any member of the executive director's staff have any liability for any action taken with respect to the plan unless such action be taken in bad faith. Source: SL 1987, ch 38, §4; SL 2016, ch 31, §52.
SD Codified L § 3-13-53 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 13 - Deferred Compensation Plan For Public Employees|Section 3-13-53 - Deferred compensation fund.

3-13-53. Deferred compensation fund.The South Dakota deferred compensation fund is hereby established. All compensation deferred pursuant to this chapter shall be deposited in the fund. Expenditures from the fund shall be paid on warrants drawn by the state auditor on vouchers approved by the executive director. All administrative expenses shall be budgeted and expended pursuant to chapters 4-7, 4-8, 4-8A, and 4-8B. In accord with §457(g) of the Internal Revenue Code, all money in the fund and all property and rights held by the fund, at all times until made available to a participant or the participant's beneficiary, shall be held in trust for the exclusive benefit of the participant. All compensation deferred pursuant to this chapter shall be transferred not later than fifteen business days after the end of the month in which the compensation otherwise would have been paid to the participant. Source: SL 1987, ch 38, §5; SL 1997, ch 32, §1; SL 2008, ch 20, §17; SL 2013, ch 20, §17; SL 2016, ch 31, §53.
SD Codified L § 3-13-54 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 13 - Deferred Compensation Plan For Public Employees|Section 3-13-54 - Promulgation of rules--Limitation on availability of accumulated deferred compensation to participant--Exception.

3-13-54. Promulgation of rules--Limitation on availability of accumulated deferred compensation to participant--Exception.The board may promulgate rules pursuant to chapter 1-26 concerning the time and amount of compensation which may be deferred, the persons who may participate in the plan, the conditions of participation, the time and manner in which accumulated deferrals may be made available to a participant or beneficiary, the establishment of administrative changes, and participation by political subdivisions. Except pursuant to the provisions of an automatic enrollment feature established under subdivision 3-13-56(4), in no event may the accumulated deferred compensation become available to the participant prior to thirty days following the participant's separation from employment with a participating employer unless the participant is faced with an unforeseeable emergency as determined by the board, unless an in-service distribution of a small amount of funds is made, or unless a distribution is made to a participant who has been called to perform qualified military service for a period in excess of thirty days. If a participant returns to service with a participating employer within thirty days following separation from service, the accumulated deferred compensation is not available to the participant. Source: SL 1987, ch 38, §6; SL 2009, ch 20, §4; SL 2011, ch 20, §4.
SD Codified L § 3-13-55 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 13 - Deferred Compensation Plan For Public Employees|Section 3-13-55 - Definition of terms.

3-13-55. Definition of terms.The definitions contained in §3-12C-101 apply to this chapter unless the context clearly otherwise requires. In addition the following terms mean:(1)"Accumulated deferred compensation," compensation deferred by a participant in the plan, plus any investment return thereon;(2)"Plan," the South Dakota deferred compensation plan created pursuant to this chapter; and(3)"Plan year," a calendar year ending on December thirty-first. Source: SL 1987, ch 38, §7; SL 2012, ch 26, §14.
SD Codified L § 3-13-56 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 13 - Deferred Compensation Plan For Public Employees|Section 3-13-56 - Automatic enrollment feature.

3-13-56. Automatic enrollment feature.The board may establish an automatic enrollment feature within the plan by rules promulgated pursuant to chapter 1-26 and §3-13-54. Any automatic enrollment feature established by the board shall include:(1)A provision that automatic enrollment shall apply to newly-employed members hired after a specified future date, any state employees not contributing to the deferred compensation plan as of June 30, 2019, and employees of any other automatic enrollment unit that elects automatic enrollment for its employees not contributing to the deferred compensation plan;(2)A provision that automatic enrollment shall apply only to the employees of those participating units that choose the automatic enrollment feature for the unit's employees;(3)A provision that automatic enrollment may not require more than an established maximum contribution per month per automatically-enrolled participant;(4)A provision that a participant who is automatically enrolled shall have as long as ninety days after the start of employment to discontinue participation in the plan;(5)A provision that an automatically-enrolled participant who discontinues participation in the plan within ninety days of enrollment shall receive a refund of the participant's account within thirty days after discontinuing participation;(6)A provision that the state investment officer shall select a default investment fund to receive contributions by any automatically-enrolled participant who does not choose an investment alternative to receive the participant's contributions;(7)A provision authorizing participating units and the system to make contributions to the plan for the benefit of participants;(8)A provision that the plan shall adhere to notice requirements to automatically-enrolled participants in accord with Internal Revenue Service Rulings 98-30 and 2000-8;(9)A provision that automatic enrollment does not require advance authorization by a participant, which is hereby deemed to be an exception to the provisions of any state law requiring employee authorization for a payroll deduction or any similar ordinance of a local participating unit; and(10)A provision that the amount of compensation deferred by an automatically-enrolled participant shall automatically increase by a specified amount each year unless the participant elects not to participate in automatic escalation or elects to defer a different amount than specified.If a participant discontinues participation pursuant to subdivision (4), that act is a permissive withdrawal pursuant to §414(w) of the Internal Revenue Code. Source: SL 2008, ch 25, §1; SL 2013, ch 20, §18; SL 2015, ch 29, §1; SL 2018, ch 34, §1; SL 2019, ch 23, §9.
SD Codified L § 3-13-57 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 13 - Deferred Compensation Plan For Public Employees|Section 3-13-57 - Designated Roth contribution program.

3-13-57. Designated Roth contribution program.The board may establish a designated Roth contribution program within the deferred compensation plan. For the purposes of this section, a designated Roth contribution is an elective salary deferral that is:(1)Designated irrevocably by the participant at the time of the deferred election as a designated Roth contribution that is being made in lieu of all or a portion of the pre-tax elective deferrals the participant is otherwise eligible to make under the plan; and(2)Treated by the employer as includable in the participant's income at the time the participant would have received that amount in compensation if the participant had not made a deferred election.The board shall, pursuant to chapter 1-26, promulgate rules relating to distributions, conversions, transfers, rollovers, and limitations with regard to the designated Roth contribution program in accordance with federal law. Source: SL 2012, ch 28, §1.
SD Codified L § 3-13-58 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 13 - Deferred Compensation Plan For Public Employees|Section 3-13-58 - Required minimum distributions--General rule.

3-13-58. 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 participant'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 participant reaches age seventy-two, or age seventy and one-half if the participant attained age seventy and one-half before January 1, 2020; or(2)The calendar year in which the participant retires.A participant 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 participant and alternate payee. Source: SL 2021, ch 28, § 7.
SD Codified L § 3-13-59 (2021)
2021 South Dakota Codified Laws|Title 3 - Public Officers and Employees|Chapter 13 - Deferred Compensation Plan For Public Employees|Section 3-13-59 - Required minimum distributions--Participant's death after distributions begun.

3-13-59. Required minimum distributions--Participant's death after distributions begun. If a participant dies after the required distribution of benefits has begun, the remaining portion of the participant's interest shall be distributed at least as rapidly as under the same method of distribution before the participant's death. Source: SL 2021, ch 28, § 8.