reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 12C - South Dakota Retirement System › Section 3-12C-401 - Rate of contributions--Deduction from pay--Employer to make members' contributions.

3-12C-401. Rate of contributions--Deduction from pay--Employer to make members' contributions.
Any employee included in §3-12C-301 shall make a contribution to the system, except as specified in §3-12C-1405, and the employer shall make an equal contribution to the system, except as otherwise specified, at the following rates:
(1)Class A members: five percent of compensation through June 30, 2002, and six percent of compensation after June 30, 2002;
(2)Justices, judges, and magistrate judges: nine percent of compensation;
(3)All other Class B members: eight percent of compensation.
The employer shall cause to be deducted on each payroll of the employee for each payroll period the contribution payable by the employee as provided in this section.
Except for those contributions specified in §3-12C-1405, contributions required of employees by this section shall be made by the participating unit pursuant to the provisions of §414(h)(2) of the Internal Revenue Code. The contributions shall be classified as employee contributions for all purposes under this chapter. An employee may not receive the amount of the contributions directly rather than as contributions under this section.
Source:
SL 1967, ch 303, §5; SDCL §§3-12-22, 3-12-23; SL 1968, ch 216, §1; SL 1974, ch 35, §29; SL 1977, ch 31, §5; SL 1982, ch 38; SL 1984, ch 23, §2; SL 1989, ch 38, §8; SL 2000, ch 23, §1; SL 2010, ch 23, §5, eff. Apr. 1, 2010; SL 2013, ch 20, §6; SDCL §3-12-71; SL 2019, ch 22, §1; SL 2020, ch 12, § 7.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 12C - South Dakota Retirement System › Section 3-12C-402 - Additional contribution for foundation members by participating unit.

3-12C-402. Additional contribution for foundation members by participating unit.
Each participating unit shall make an additional contribution in the amount of six and two-tenths percent of any foundation member's compensation in each calendar year that exceeds the maximum taxable amount for social security for the calendar year. The additional contributions shall be made only for Class A foundation members and may not be treated as employer contributions.
Source:
SL 2002, ch 23, §5; SL 2016, ch 32, §37; SDCL §3-12-91.1; SL 2019, ch 22, §1.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 12C - South Dakota Retirement System › Section 3-12C-403 - Monthly transmission of contributions--Deposit in fund.

3-12C-403. Monthly transmission of contributions--Deposit in fund.
All employee and employer contributions to the system and the necessary supporting data shall be transmitted by the employer at least monthly to the system. Each monthly transmission for each respective calendar month shall be completed by the fifteenth day of the following month. All supporting data shall be transmitted electronically in a format determined by system personnel. All contributions shall be deposited with the state treasurer in the fund established to administer this chapter. If any participating unit fails to deliver contributions with respect to compensation paid in any month and the necessary supporting data by the fifteenth day of the following month, the participating unit shall pay to the system a penalty equal to five percent of the delinquent contributions. The delinquent contributions and the penalty shall bear interest at the assumed rate of return from the date due until the date paid. In calculating accumulated contributions, all contributions with respect to compensation paid in any fiscal year shall be included in the calculation of interest credited for that fiscal year.
Source:
SL 1959, ch 84, §28; SDC Supp 1960, §15.3932 (3); SL 1961, ch 255, §29; SL 1965, ch 220, §21; SL 1967, ch 50, §4; SL 1967, ch 303, §5; SDCL §§3-12-22 to 3-12-24, 3-12-28, 9-15-49, 13-45-32; SL 1968, ch 216, §1; SL 1970, ch 25, §4; SL 1974, ch 35, §30; SL 1978, ch 32, §1; SL 1986, ch 38; SL 2008, ch 20, §7, eff. Jan. 1, 2009; SL 2016, ch 31, §10; SDCL §3-12-72; SL 2019, ch 22, §1.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 12C - South Dakota Retirement System › Section 3-12C-404 - Deduction of delinquent contributions from payments due from state--Penalty and interest.

3-12C-404. Deduction of delinquent contributions from payments due from state--Penalty and interest.
If any participating unit becomes delinquent thirty or more days by failure or refusal to pay any amounts due to the system, the state treasurer shall, upon certification by the executive director of the delinquency, withhold and deduct the amount of the delinquency, penalty, and interest as specified in §3-12C-403 from the next succeeding payment or payments of any money in the hands of the state treasurer due and payable to the participating unit.
Source:
SL 1959, ch 84, §30; SDC Supp 1960, §15.3934 (2); SL 1967, ch 50, §5; SDCL §13-45-38; SL 1970, ch 25, §13; SDCL Supp, §3-12-23.1; SL 1974, ch 35, §32; SL 2008, ch 20, §8, eff. Jan. 1, 2009; SL 2016, ch 31, §12; SDCL §3-12-74; SL 2019, ch 22, §1.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 12C - South Dakota Retirement System › Section 3-12C-405 - Service records and employee information furnished by employers.

3-12C-405. Service records and employee information furnished by employers.
The officers responsible for the personnel records of employees of each participating unit shall file with the Board of Trustees, in such form as the board shall from time to time prescribe, a detailed statement of all service rendered by each eligible employee of the system; and shall furnish such other information as the board shall from time to time require in the operation of the system.
Source:
SL 1967, ch 303, §10; SDCL §3-12-39; SL 1968, ch 216, §1; SL 1974, ch 35, §31; SDCL §3-12-73; SL 2019, ch 22, §1.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 12C - South Dakota Retirement System › Section 3-12C-406 - Knowing transmission of report with excluded compensation as misdemeanor.

3-12C-406. Knowing transmission of report with excluded compensation as misdemeanor.
Any person or employer who transmits a report of compensation to the system knowing that some or all of the compensation is excluded by §3-12C-105, is guilty of a Class 1 misdemeanor.
Source:
SL 2017, ch 28, §5; SDCL §3-12-47.13; SL 2019, ch 22, §1.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 12C - South Dakota Retirement System › Section 3-12C-407 - Accumulated contributions defined for foundation members.

3-12C-407. Accumulated contributions defined for foundation members.
For any foundation member, the term, accumulated contributions, means the sum of:
(1)All contributions made by the member, including member contributions made by an employer after June 30, 1984, pursuant to §3-12C-401;
(2)For a member whose contributory service concluded after June 30, 2010, eighty-five percent of the employer contributions or noncontributory service if the member had three years or more of contributory service and fifty percent of the employer contributions if the member had less than three years of service; or for a member whose contributory service concluded before July 1, 2010, one hundred percent of the employer contributions or noncontributory service if the member had three years or more of contributory service and seventy-five percent of the employer contributions if the member had less than three years of service;
(3)Member redeposits and member credited service purchases pursuant to §§3-12C-504, 3-12C-509, and 3-12C-511; and
(4)The effective rate of interest earned on the sum of subdivisions (1), (2), and (3).
Source:
SL 2016, ch 32, §24; SDCL §3-12-89.2; SL 2019, ch 22, §§19, 45.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 12C - South Dakota Retirement System › Section 3-12C-408 - Accumulated contributions defined for generational members.

3-12C-408. Accumulated contributions defined for generational members.
For any generational member, the term, accumulated contributions, means the sum of:
(1)All contributions made by the member;
(2)Eighty-five percent of the contributions made by the member's employer if the member has three years or more of contributory service or noncontributory service, or fifty percent of the contributions made by the employer if the member has less than three years of contributory service or noncontributory service;
(3)Member credited service purchases pursuant to §§3-12C-504, 3-12C-509, and 3-12C-511; and
(4)The effective rate of interest on the sum of subdivisions (1), (2), and (3).
Source:
SL 2016, ch 32, §1; SDCL §3-12-500; SL 2019, ch 22, §1.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 12C - South Dakota Retirement System › Section 3-12C-409 - Refund of unpaid accumulated contributions upon termination--Reversion of unclaimed payments to system.

3-12C-409. Refund of unpaid accumulated contributions upon termination--Reversion of unclaimed payments to system.
After all benefits currently or potentially payable under any provision of this chapter have terminated, if the aggregate benefits paid to a member and the member's surviving spouse and minor children, including any distribution of the member's variable retirement account, are less than the member's accumulated contributions, the amount by which the accumulated contributions exceed total payments made to date shall be paid in a lump sum as provided in this section.
Amounts payable under this section shall be paid as follows:
(1)To the beneficiary or entity designated by the member, if any is designated;
(2)If no beneficiary or entity is designated, then to the member's surviving spouse;
(3)If no beneficiary or entity is designated and there is no surviving spouse, then to all surviving children, irrespective of age, on a share-alike basis; or
(4)If no beneficiary or entity is designated, there is no surviving spouse, and there are no surviving children, then to the member's estate.
If no claim for payment due upon the death of a deceased member is made within three years from date of death, the payment shall revert to the system. However, a claim may be honored after the expiration of the three-year reversion period if, in the opinion of the executive director, payment of the claim is warranted by exceptional circumstances.
Source:
SL 1974, ch 35, §64; SL 1986, ch 37, §9; SL 1995, ch 24, §16; SL 1997, ch 29, §1; SL 1998, ch 15, §21; SL 1999, ch 15, §7; SL 2006, ch 21, §1; SL 2010, ch 20, §12; SL 2014, ch 20, §30; SL 2015, ch 27, §1; SL 2016, ch 32, §46; SL 2017, ch 27, §19; SDCL §3-12-110; SL 2019, ch 22, §1.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 12C - South Dakota Retirement System › Section 3-12C-410 - Lump-sum payments where designated beneficiary does not survive member--Reversion to system of unclaimed payments.

3-12C-410. Lump-sum payments where designated beneficiary does not survive member--Reversion to system of unclaimed payments.
If a designated beneficiary does not survive the member, any lump-sum payment that may be due shall be payable to the member's surviving spouse. If there is no surviving spouse, the payment shall be payable to all of the member's surviving children, irrespective of age, on a share-alike basis. If there is no surviving spouse and no surviving children, the payment shall be payable to the estate of the deceased member. If no claim for payment due upon the death of a deceased member is made within three years from date of death, the payment shall revert to the system. However, a claim may be honored after the expiration of the three-year reversion period if, in the opinion of the executive director, payment of the claim is warranted by exceptional circumstances.
Source:
SL 1967, ch 303, §8 as added by SL 1968, ch 216, §1; SDCL Supp, §3-12-29.1; SL 1974, ch 35, §70; SL 2006, ch 21, §2; SL 2016, ch 31, §24; SDCL §3-12-116; SL 2019, ch 22, §1.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 12C - South Dakota Retirement System › Section 3-12C-501 - Uniform application of service credit rules.

3-12C-501. Uniform application of service credit rules.
Any period of credited service granted under the rules and regulations adopted by the Board of Trustees must be applied uniformly and consistently to all members.
Source:
SL 1974, ch 35, §45; SDCL §3-12-89; SL 2019, ch 22, §1.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 12C - South Dakota Retirement System › Section 3-12C-502 - Credited service defined for foundation members.

3-12C-502. Credited service defined for foundation members.
For any foundation member, the term, credited service, means:
(1)Years of service, or fractions thereof, for which member contributions were made to the system;
(2)Years of noncontributory service, or fractions thereof, credited before July 1, 1974, previously credited under the provisions of the retirement systems consolidated pursuant to §3-12C-1601;
(3)Any period of authorized leave of absence or sick leave with pay for which deductions for member contributions are made, deposited, and credited to the fund;
(4)Any period of authorized leave of absence or sick leave without pay or temporary layoff, during or for which a member obtained credit by payments to the fund made in lieu of salary deductions;
(5)Any period during which a member is on an authorized leave of absence to enter military service, if the member fulfills the provisions of §3-12C-514;
(6)Years of service, or fractions thereof, by faculty and administrators employed by the board of regents before April 1, 1964, credited pursuant to §§3-12C-1611 and 3-12C-1612;
(7)Years of noncontributory service, or fractions thereof, earned before July 1, 1967, but not credited under the South Dakota public employee retirement system as it was consolidated pursuant to §3-12C-1601 because the person earned the service prior to attaining the age of thirty. The service shall be credited only to those persons who are contributing members on July 1, 1987. No service may be credited pursuant to this subdivision to any member who has withdrawn the member's accumulated contributions after July 1, 1967; and
(8)Years of noncontributory service, or fractions thereof, earned by a member from July 1, 1967, to June 30, 1974, inclusive, but not credited under the South Dakota public employee retirement system because of the age and service restrictions established under that system.
Source:
SL 2016, ch 32, §25; SDCL §3-12-89.3; SL 2019, ch 22, §1.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 12C - South Dakota Retirement System › Section 3-12C-503 - Credited service defined for generational members.

3-12C-503. Credited service defined for generational members.
For any generational member, the term, credited service, means the sum of the following:
(1)Years of service, or fractions thereof, for which member contributions were made to the system;
(2)Any period of authorized leave of absence or sick leave with pay for which deductions for member contributions are made, deposited, and credited to the fund;
(3)Any period of authorized leave of absence or sick leave without pay or temporary layoff, during or for which a member obtained credit by payments to the fund made in lieu of salary deductions; and
(4)Any period during which a member is on an authorized leave of absence to enter military service, if the member fulfills the provisions of §3-12C-514.
Source:
SL 2016, ch 32, §2; SDCL §3-12-501; SL 2019, ch 22, §1.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 12C - South Dakota Retirement System › Section 3-12C-504 - Purchase of prior service credit--Calculation of amount due.

3-12C-504. Purchase of prior service credit--Calculation of amount due.
A current contributing member of the system may receive credited service by election to make, or have made on the member's behalf, contributions, based on the higher of the member's current compensation, or the member's final compensation calculated as if the member retired on the date of election, at an actuarially- determined percentage times the member rate, for each year of service for which the member wishes to receive credit, if:
(1)The current contributing member of the system could have established credit for any South Dakota public service by making contributions under this chapter or any prior law; or
(2)The current contributing member was not permitted to establish credit for any South Dakota public service.
The amount of the credited service and the rate of contribution shall be at class A rates unless the service for which credit is sought was rendered as a class B member in which case class B rates shall apply. If a participating unit has failed to pay employer or member contributions to the system on behalf of a member as required under this chapter or under any predecessor system consolidated pursuant to §3-12C-1601, the amount due the system shall be calculated in accordance with this section.
The member rate in effect as of July 1, 2001, shall be used in calculation of the purchase cost of any service performed prior to July 1, 2002, if a contract to purchase such service is in place prior to July 1, 2004. The member rate in effect on and after July 1, 2002, shall be the basis for calculation of the purchase cost of any service if the contract to purchase such service is not in place until on or after July 1, 2004.
Source:
SL 1974, ch 35, §40; SL 1977, ch 28, §8; SL 1980, ch 31, §4; SL 1984, ch 24, §5; SL 1989, ch 38, §16; SL 2002, ch 23, §2; SL 2004, ch 39, §1; SDCL §3-12-83; SL 2019, ch 22, §1.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 12C - South Dakota Retirement System › Section 3-12C-505 - Prospective increase for credited service related to years of noncontributory service.

3-12C-505. Prospective increase for credited service related to years of noncontributory service.
Any increase in a retired member's benefit as a result of credited service related to years of noncontributory service, or fractions thereof, earned by a member from July 1, 1967, to June 30, 1974, inclusive, but not credited under the South Dakota public employee retirement system because of the age and service restrictions established under the system shall be prospective only from July 1, 1997.
Source:
SL 1997, ch 25, §2; SL 2016, ch 32, §30; SDCL §3-12-47.1; SL 2019, ch 22, §1.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 12C - South Dakota Retirement System › Section 3-12C-506 - Refund for purchase cost of noncontributing service.

3-12C-506. Refund for purchase cost of noncontributing service.
Any member who, pursuant to the provisions of §3-12C-504, has purchased a portion or all of the member's noncontributory service earned by a member from July 1, 1967, to June 30, 1974, inclusive, but not credited under the South Dakota public employee retirement system because of the age and service restrictions established under the system is entitled to a refund of such purchase cost.
Source:
SL 1997, ch 25, §3; SL 2016, ch 32, §31; SDCL §3-12-47.2; SL 2019, ch 22, §1.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 12C - South Dakota Retirement System › Section 3-12C-509 - Purchase of prior service credit for public service not covered by retirement plan.

3-12C-509. Purchase of prior service credit for public service not covered by retirement plan.
If a current contributing member with at least five years of contributory service in the system has other public service for which the member is not entitled to retirement benefits from another public retirement system, the member may elect to deposit or have deposited on the member's behalf an amount equal to an actuarially-determined percentage times the Class A rate of contribution multiplied by the higher of the member's annual compensation at the time of making the election, or the member's final compensation calculated as if the member retired on the date of the member's election, for each year of other public service for which the member wishes to receive credit as a Class A member.
The member rate in effect as of July 1, 2001, shall be used in calculation of the purchase cost of any service performed prior to July 1, 2002, if a contract to purchase such service was in place prior to July 1, 2004. The member rate in effect on and after July 1, 2002, shall be the basis for calculation of the purchase cost of any service if the contract to purchase such service is not in place until on or after July 1, 2004.
Source: SL 1974, ch 35, §41; SL 1980, ch 31, §5; SL 1984, ch 24, §6; SL 1989, ch 38, §17; SL 2002, ch 23, §3; SL 2004, ch 39, §2; SDCL §3-12-84; SL 2019, ch 22, §1; SL 2023, ch 14, §3.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 12C - South Dakota Retirement System › Section 3-12C-510 - Acquisition of credited service through transfer of funds--Requirements.

3-12C-510. Acquisition of credited service through transfer of funds--Requirements.
A contributing member may acquire credited service by utilizing a trustee to trustee transfer of funds, excluding any after tax employee contributions, from a member's individual retirement plan that meets the requirements of sections 403(b) or 457 of the Internal Revenue Code to pay the cost of purchase pursuant to §3-12C-504, 3-12C-509, or 3-12C-511.
Source:
SL 2002, ch 22, §4; SL 2008, ch 20, §12; SL 2013, ch 20, §8; SDCL §3-12-84.1; SL 2019, ch 22, §§18, 45.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 12C - South Dakota Retirement System › Section 3-12C-511 - Purchase of nonqualified permissive service credit allowed.

3-12C-511. Purchase of nonqualified permissive service credit allowed.
Notwithstanding the restrictions contained in §§3-12C-504 and 3-12C-509, a current contributing member with over five years of contributory service in the system may purchase nonqualified permissive service credit as defined in and pursuant to the provisions of §415(n) of the Internal Revenue Code.
Source:
SL 2003, ch 94, §2; SL 2009, ch 21, §1; SL 2013, ch 20, §9; SDCL §3-12-84.2 SL 2019, ch 22, §1.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 12C - South Dakota Retirement System › Section 3-12C-512 - Acquisition of credited service for members mobilized into certain federal military service.

3-12C-512. Acquisition of credited service for members mobilized into certain federal military service.
If a contributing member was mobilized into federal military service pursuant to the provisions of United States Code Title 10 after February 1, 2002, but prior to September 30, 2004, the member, after returning to active membership in the system, may acquire credited service at the rates in effect prior to July 1, 2004, for a period of two years after the member's release from such federal military service, the cost provisions of §§3-12C-504, 3-12C-509, and 3-12C-518 notwithstanding. All other provisions in regard to credited service acquisition apply.
Source:
SL 2005, ch 25, §1; SDCL §3-12-84.3; SL 2019, ch 22, §1.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 12C - South Dakota Retirement System › Section 3-12C-513 - Service credit for leave of absence--Contributions to cover period of absence.

3-12C-513. Service credit for leave of absence--Contributions to cover period of absence.
A member taking a leave of absence authorized by the member's employer may receive credited service during the leave if employee and employer contributions are made to the system during the leave by or on behalf of the employee. The contributions shall be at the rates in effect during the leave and shall be based on the member's rate of compensation immediately prior to the leave. If a member's rate of compensation causes the member's compensation for the calendar year to exceed the maximum taxable amount for social security, the contributions shall include the additional contribution pursuant to §3-12C-402. The contributions shall be transmitted to the system at least monthly. For purposes of calculation of benefits, the member shall be considered to have received compensation during the period of the leave at the rate used to calculate the contributions made during the leave. If contributions are not made during the leave, the member may receive credited service for the leave by making contributions, or having contributions made on the member's behalf as provided in §3-12C-504.
Source:
SL 1967, ch 303, §9; SDCL §3-12-31; SL 1968, ch 216, §1; SL 1970, ch 25, §9; SL 1973, ch 27; SL 1974, ch 35, §42; SL 1980, ch 31, §7; SDCL §3-12-85; SL 2019, ch 22, §1; SL 2019, ch 23, §5.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 12C - South Dakota Retirement System › Section 3-12C-514 - Credited service for leave of absence due to qualified military service--Return to employment after discharge.

3-12C-514. Credited service for leave of absence due to qualified military service--Return to employment after discharge.
A member shall receive credited service for leave of absence due to qualified military service, authorized in advance by the employer, without contribution by the employee or employer if the member returns to the employ of a participating unit within one year from the member's date of discharge from the member's initial period of qualified military service and if the member remains in the employ of a participating unit for at least one year. The member may not receive credited service for any voluntary extension of qualified military service at the instance of the member beyond the initial period of enlistment, induction, or call to active duty. Credited service granted under this section shall be only for the initial period of time that the member is performing qualified military service. No credited service granted under this section may be considered to represent either member contributions or employer contributions for purposes of contribution withdrawals pursuant to this chapter.
If the member returns to the employ of the member's employer unit within one year of discharge from the initial period of qualified military service, but does not remain in the employ of the unit for at least one year, the member shall be granted credited service for the initial period of qualified military service pursuant to §414(u)(8) of the Internal Revenue Code if the member deposits with the system employee contributions for the initial period of the qualified military service as provided for in §414(u)(8)(C). The contributions shall be made in a lump sum, shall be based on the member's compensation immediately prior to the leave of absence, and shall be without interest. The participating unit that was the member's employer prior to the leave of absence shall deposit employer contributions in an equal amount with the system. Other provisions of this chapter notwithstanding, the member need not be a contributing member at the time the member deposits the contributions. The member is subject to the time limitations for payment provided for in §414(u)(8)(C).
Source:
SL 1970, ch 25, §9; SDCL Supp, §3-12-31; SL 1973, ch 27; SL 1974, ch 35, §42; SL 1995, ch 24, §12; SL 2008, ch 20, §13; SL 2011, ch 20, §2; SL 2013, ch 20, §10; SDCL §3-12-86; SL 2019, ch 22, §1.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 12C - South Dakota Retirement System › Section 3-12C-515 - Death or disability of member on leave of absence due to qualified military service--Return to service date and benefits.

3-12C-515. Death or disability of member on leave of absence due to qualified military service--Return to service date and benefits.
If a member on leave of absence performing initial qualified military service dies, the member shall be considered to have returned from the leave of absence on the day before the member's death and become a contributing member for purposes of survivor benefits, if the member has at least one year of credited service before the member's death, including the initial period of qualified military service. If the member was contributing for additional survivor protection benefits pursuant to §3-12C-1001 immediately before the leave of absence, the member shall be considered to have resumed the contributions on the day before the member's death.
If a member on leave of absence performing initial qualified military service becomes disabled pursuant to the disability criteria set out in this chapter, the member shall be considered to have returned from the leave of absence on the day before the member's discharge date and become a contributing member for purposes of eligibility for disability benefits pursuant to §3-12C-812, if the member has at least three years of credited service including the period of initial qualified military service. The provisions of §3-12C-812 notwithstanding, the member need not have been deemed to be a contributing member on the date of the member's disabling event.
Source:
SL 2011, ch 20, §3; SL 2016, ch 31, §16; SDCL §3-12-86.1; SL 2019, ch 22, §§16, 45.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 12C - South Dakota Retirement System › Section 3-12C-516 - Members receiving differential wage payments.

3-12C-516. Members receiving differential wage payments.
To the extent required by §414(u)(12) of the Internal Revenue Code, a member receiving differential wage payments, as defined under §3401(h)(2) of the Internal Revenue Code, from a member's employer shall be treated as employed by that employer, and the differential wage payment shall be treated as compensation for purposes of calculating final average compensation and applying the limits on annual additions under §415(c) of the Internal Revenue Code. This provision shall be applied to all similarly situated members in a reasonably equivalent manner.
Source: SL 2016, ch 31, §17; SDCL §3-12-86.2; SL 2019, ch 22, §1; SL 2023, ch 14, §4.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 12C - South Dakota Retirement System › Section 3-12C-517 - Valuation of purchased prior service credit--Installment payments--Death of member--Adjustment when installments not paid.

3-12C-517. Valuation of purchased prior service credit--Installment payments--Death of member--Adjustment when installments not paid.
Payment of a deposit with the system for credited service pursuant to §§3-12C-504 to 3-12C-514, inclusive, shall be determined and due at the time the notice of intention to make the payment is received by the system. The amount due may be paid by periodic, level installments over a period of up to ten years, the value of which, when discounted for interest at the assumed rate of return, is equal to the amount due at the date of the notice. If a member dies before completion of the installment payments, the surviving spouse may complete the payments due the system, but, unless the payments are being made by a participating unit, the amount shall be paid in full within ninety days of the member's death or retirement. If the periodic payments are not completed or paid when due, the executive director may make an appropriate adjustment to the credited service, benefits payable under this chapter, or schedule of payments to allow for the default. Any member participating in installment payments pursuant to this section before July 1, 1989, shall have the balance due on July 1, 1989, recalculated pursuant to §§3-12C-504 and 3-12C-509 and shall have the installment payments due after June 30, 1989, recalculated accordingly.
Source:
SL 1974, ch 35, §43; SL 1977, ch 28, §9; SL 1980, ch 31, §6; SL 1989, ch 38, §18; SL 1996, ch 30, §4; SL 2008, ch 20, §14; SL 2016, ch 31, §18; SDCL §3-12-87; SL 2019, ch 22, §1; SL 2020, ch 12, § 12.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 12C - South Dakota Retirement System › Section 3-12C-519 - Purchase of certain public service as Class B service.

3-12C-519. Purchase of certain public service as Class B service.
If a current contributing Class B member of this system, other than a justice, a judge, or a magistrate judge, has equivalent public service for which the member is not entitled to retirement benefits from another public retirement system, the member may elect to deposit or have deposited on the member's behalf an amount equal to an actuarially-determined percentage times the appropriate Class B rate of contribution multiplied by the higher of the member's annual compensation at the time of making the election, or the member's final average compensation calculated as if the member retired on the date of the election, for each year of equivalent public service for which the member wishes to receive credit as a Class B member.
Source:
SL 1997, ch 27, §2; SL 2004, ch 39, §4; SL 2004, ch 40, §10; SDCL §3-12-130.1; SL 2019, ch 22, §1.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 12C - South Dakota Retirement System › Section 3-12C-520 - Prior service credit on return of nonvested member to employment.

3-12C-520. Prior service credit on return of nonvested member to employment.
If a nonvested member who has terminated employment and has left the member's accumulated contributions in the system returns to employment with a participating unit, the system shall credit the member's prior service time toward the total length of service necessary for the member to obtain the credited service necessary for benefits provided by this chapter.
Source:
SL 1972, ch 22; SDCL Supp, §3-12-32; SL 1974, ch 35, §36; SL 1998, ch 18, §3; SL 2008, ch 20, §9; SDCL §3-12-78; SL 2019, ch 22, §1.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 12C - South Dakota Retirement System › Section 3-12C-601 - Retirement benefit to terminated member with vested right--Calculation.

3-12C-601. Retirement benefit to terminated member with vested right--Calculation.
A terminated member who has a vested right in the system may leave the member's accumulated contributions on deposit with the system and receive a retirement benefit commencing at the member's retirement. In calculating such benefit, the member's final average compensation shall be increased by the COLA commencing each July first for each complete twelve-month period between the member's last termination and the date on which the member's retirement benefit commences.
Source:
SL 1974, ch 35, §33; SL 1982, ch 32, §4; SL 1986, ch 37, §4; SL 1998, ch 17, §3; SL 2004, ch 40, §8; SL 2010, ch 20, §9; SL 2017, ch 27, §10; SDCL §3-12-75; SL 2019, ch 22, §1.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 12C - South Dakota Retirement System › Section 3-12C-602 - Withdrawal of accumulated contributions on leaving covered employment--Picture identification required--Limitation.

3-12C-602. Withdrawal of accumulated contributions on leaving covered employment--Picture identification required--Limitation.
A member who has left covered employment may withdraw the sum of the member's accumulated contributions upon application to the system and submission of a copy of the member's current driver license or other picture identification card issued by a government agency or tribe. If the member is married, the spouse shall sign the application and provide a copy of the spouse's current driver license or other picture identification card issued by a government agency or tribe.
A member who withdraws the member's accumulated contributions pursuant to this section forfeits all credited service and benefits provided in this chapter.
The right to withdraw accumulated contributions ceases if the member returns to covered employment with a participating unit.
Source: SL 1967, ch 303, §8; SDCL §3-12-30; SL 1968, ch 216, §1; SL 1974, ch 35, §34; SL 1977, ch 28, §6; SL 1995, ch 24, §13; SL 1998, ch 15, §6; SL 2018, ch 33, §9; SDCL §
3-12-76
; SL 2019, ch 22, §1; SL 2019, ch 23, §4; SL 2021, ch 27, § 2.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 12C - South Dakota Retirement System › Section 3-12C-603 - Distribution by direct rollover.

3-12C-603. Distribution by direct rollover.
A member who elects to withdraw accumulated contributions as provided in §3-12C-602, or a member's surviving spouse or nonspouse beneficiary who receives a lump-sum payment pursuant to §3-12C-409, may receive the distribution directly. Eligible rollover distributions may be transferred by the system in a direct rollover to no more than one eligible retirement plan identified by a member, a member's surviving spouse, or a member's nonspouse beneficiary if the individual so elects. The board shall promulgate rules pursuant to chapter 1-26 to comply with federal mandates regarding rollover distributions. The system is not required to make an independent determination as to whether the plan identified by a member, surviving spouse, or nonspouse beneficiary qualifies as an eligible retirement plan. By electing a direct rollover and identifying the eligible retirement plan to which an eligible rollover distribution is to be made, a member, surviving spouse, or nonspouse beneficiary represents to the system that the identified plan qualifies as an eligible retirement plan. If a member, surviving spouse, or nonspouse beneficiary does not elect a direct rollover, the distribution shall be issued in the name of, and directly to, that person.
Source:
SL 1993, ch 42, §5; SL 1995, ch 24, §17; SL 1998, ch 15, §7; SL 2009, ch 20, §2; SDCL §3-12-76.3; SL 2019, ch 22, §1.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 12C - South Dakota Retirement System › Section 3-12C-604 - Contributions left in system on termination of employment without vested right--Maximum period--Forfeiture.

3-12C-604. Contributions left in system on termination of employment without vested right--Maximum period--Forfeiture.
A member of the system who is not vested may leave the member's accumulated contributions in the system upon termination of employment for a period not to exceed ten years from the date of termination. However, no additional contributions may be made to the system by the member or a participating unit following the date of termination and no benefits in the retirement system may accrue to a member of the system following the date of termination, except as provided in §3-12C-310. If the member withdraws the member's accumulated contributions, membership in the system terminates. At the end of the ten-year period, no further interest may be credited with respect to contributions and no further investment return may be credited with respect to any variable retirement account. If the member fails to withdraw the member's accumulated contributions within eleven years following the member's termination, the member shall forfeit all rights to the member's accumulated contributions, variable retirement account, and to any credited service in connection therewith, if the system has made reasonable efforts to notify the member of the member's withdrawal rights and the effect of this section.
Source:
SL 1972, ch 22; SDCL Supp, §3-12-32; SL 1974, ch 35, §35; SL 1984, ch 24, §1; SL 1998, ch 15, §8; SL 1998, ch 18, §2; SL 2016, ch 32, §33; SDCL §3-12-77; SL 2019, ch 22, §1.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 12C - South Dakota Retirement System › Section 3-12C-605 - Uncollected payments from system--Reversion.

3-12C-605. Uncollected payments from system--Reversion.
If any payment from the system remains uncollected, the payment shall revert to the system and all rights to the payment shall terminate, if the system has made reasonable efforts to notify the person entitled to the payment of the person's right to the payment and the effect of this section.
Source:
SL 1984, ch 24, §2; SDCL §3-12-77.1; SL 2019, ch 22, §§20, 45.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 12C - South Dakota Retirement System › Section 3-12C-606 - Reinstatement of terminated rights.

3-12C-606. Reinstatement of terminated rights.
Any rights which have terminated pursuant to the provisions of §3-12C-604 or 3-12C-605 may be reinstated upon presentation to the executive director of a request for reinstatement of those rights and competent evidence of the rights.
Source:
SL 1984, ch 24, §4; SL 2016, ch 31, §13; SDCL §3-12-77.3; SL 2019, ch 22, §1.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 12C - South Dakota Retirement System › Section 3-12C-607 - Early withdrawal precludes additional refund.

3-12C-607. Early withdrawal precludes additional refund.
No member or former member of the system who has withdrawn contributions from the system before July 1, 1998, may receive any additional refund pursuant to this chapter.
Source:
SL 1998, ch 15, §31; SDCL §3-12-77.4; SL 2019, ch 22, §§21, 45.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 12C - South Dakota Retirement System › Section 3-12C-608 - Eligibility for benefits upon becoming full-time employee within twelve months after withdrawal.

3-12C-608. Eligibility for benefits upon becoming full-time employee within twelve months after withdrawal.
Notwithstanding any provision of this chapter to the contrary, whenever a member withdraws accumulated contributions under §3-12C-602 and becomes a full-time employee within twelve months after withdrawal, contributions must have been made to the system for a period of twelve consecutive months before the member is eligible for benefits pursuant to §3-12C-901. The member shall furthermore be ineligible to apply for additional survivor protection pursuant to §3-12C-1001 as a new member of the system. To be eligible for a disability benefit pursuant to §3-12C-803 or 3-12C-812, the member must have at least three years of contributory service since the date of the last withdrawal unless the member was disabled by accidental means while performing the usual duties for the employer.
Source: SL 1993, ch 39, §2; SL 2014, ch 20, §31; SDCL §
3-12-131
; SL 2019, ch 22, §1; SL 2021, ch 29, § 13, eff. Apr. 1, 2021.
2023 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.
2023 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.
2023 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.
2023 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 the minimum actuarial requirement to support benefits 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; SL 2023, ch 16, §4.
2023 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.
2023 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.