reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 12C - South Dakota Retirement System › Section 3-12C-707 - Highest annual compensation.

3-12C-707. Highest annual compensation .
To calculate benefits pursuant to §§3-12C-805, 3-12C-901, and 3-12C-1004 before July 1, 2004, the system shall use the member's highest annual compensation earned by the member during any one of the last three years of contributory service, so long as it is not more than one hundred fifteen percent of the member's final compensation calculated as of the date of the member's death or disability.
Source:
SL 2019, ch 22, §25.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 12C - South Dakota Retirement System › Section 3-12C-708 - Time of termination of benefits.

3-12C-708. Time of termination of benefits.
Monthly benefits paid to a member cease on the last day of the month in which the member died. Monthly benefits paid to a surviving spouse cease on the last day of the month in which the surviving spouse died. Monthly benefits paid to a child cease on the last day of the month in which the child died or the last day of the month in which the child became ineligible, whichever occurs first.
Source:
SL 1974, ch 35, §67; SDCL §3-12-113; SL 2019, ch 22, §§40, 45.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 12C - South Dakota Retirement System › Section 3-12C-709 - Duplicate benefits prohibited unless from another member's contributions.

3-12C-709. Duplicate benefits prohibited unless from another member's contributions.
No person shall be entitled to receive a benefit provided under more than one provision of this chapter at one time, unless such benefit is derived from the contributions of another member.
Source:
SL 1974, ch 35, §63; SL 1977, ch 28, §13; SDCL §3-12-109; SL 2019, ch 22, §1.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 12C - South Dakota Retirement System › Section 3-12C-710 - Member who leaves employment--Spouse and minor children.

3-12C-710. Member who leaves employment--Spouse and minor children.
A member who leaves the employment of a participating unit is not entitled to disability benefits and the member's surviving spouse and minor children are not entitled to any benefits pursuant to this chapter.
Source:
SL 2019, ch 22, §22.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 12C - South Dakota Retirement System › Section 3-12C-711 - Rules regulating maximum annual benefit--Tax qualification--Limitation year defined.

3-12C-711. Rules regulating maximum annual benefit--Tax qualification--Limitation year defined.
Pursuant to chapter 1-26, the board shall adopt rules regulating the maximum annual benefit that may be paid to a member. The rules shall be consistent with maintaining the tax qualification of the system. No benefit may exceed the limitations imposed by §415 of the Internal Revenue Code. For the purposes of administering the limitations imposed by §415, the term, limitation year, means a period extending from July first of one calendar year through June thirtieth of the following calendar year.
Source:
SL 1984, ch 23, §6; SL 1996, ch 29, §2; SL 1997, ch 32, §2; SL 2002, ch 22, §3; SL 2013, ch 20, §1; SDCL §3-12-89.1; SL 2019, ch 22, §1.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 12C - South Dakota Retirement System › Section 3-12C-712 - Compensation limits in Internal Revenue Code § 401(a)(17).

3-12C-712. Compensation limits in Internal Revenue Code §401(a)(17) .
Any compensation in excess of the limits established in §401(a)(17) of the Internal Revenue Code shall be disregarded for purposes of contributions and benefit calculations under the system. Any benefit calculations for members subject to the limits established in §401(a)(17) of the Internal Revenue Code but for whom the limitation on compensation did not apply before January 1, 2018, shall be based on unlimited compensation for credited service before January 1, 2018, and limited compensation for credited service as of January 1, 2018.
Source:
SL 2017, ch 28, §3, eff. Jan. 1, 2018; SDCL §3-12-47.12; SL 2019, ch 22, §1.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 12C - South Dakota Retirement System › Section 3-12C-713 - Contribution credit defined--Payment of contribution credit and credited investment return.

3-12C-713. Contribution credit defined--Payment of contribution credit and credited investment return.
For purposes of this section, the term, contribution credit, means the employer and member contributions, reduced by any variable retirement contributions, on compensation not included in the computation of final average compensation as a result of the final average compensation limits provided pursuant to §§3-12C-1104 and 3-12C-1202.
The contribution credit plus the credited investment return on the contribution credit is payable at the retirement, disability, or death of the member. The credited investment return, which shall be credited annually as of June thirtieth, is the South Dakota Investment Council's reported money-weighted investment return of the system, net of fees, for the completed fiscal year. Any contribution credit made during the fiscal year shall receive one-half year's credited investment return for that year. For any account distributed during the fiscal year, the estimated investment return shall be credited to the end of the month before the date on which the contribution credit is paid.
The contribution credit plus credited investment return is payable to the member commencing a retirement benefit or a disability benefit three consecutive calendar months after the effective date of the benefit. The contribution credit plus credited investment return is payable to a member's child who is eligible for a family benefit or a member's spouse who is eligible for a surviving spouse benefit, upon the death of the member. No contribution credit is payable to any member who withdraws accumulated contributions from the system or to any beneficiary who receives a lump sum payment of accumulated contributions. For the purpose of paying a distribution, the amount payable is the total of contribution credit plus credited investment return or the total contribution credit, whichever is greater. The amount may be paid in a lump sum, rolled over to the South Dakota deferred compensation plan, rolled over to another eligible plan, or used to purchase a supplemental pension benefit. However, the purchase of a supplemental pension benefit is only available upon the member's retirement.
Source: SL 2017, ch 29, §7; SDCL §
3-12-47.11
; SL 2019, ch 22, §1; SL 2021, ch 27, § 3.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 12C - South Dakota Retirement System › Section 3-12C-801 - Criteria for determining disability--Uniform application.

3-12C-801. Criteria for determining disability--Uniform application.
The Board of Trustees shall set the criteria for determining the disability of members. Methods of disability determination shall be applied uniformly and consistently to all members applying for the disability benefits.
Source:
SL 1974, ch 35, §54; SDCL §3-12-100; SL 2019, ch 22, §1.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 12C - South Dakota Retirement System › Section 3-12C-802 - Disability documentation inadmissible for proceedings relative to workers' compensation.

3-12C-802. Disability documentation inadmissible for proceedings relative to workers' compensation.
An application for disability benefits pursuant to this chapter, any associated evidence and documents, and the disability determination and decision related thereto shall be inadmissible and nondeterminative for any associated proceeding relative to Title 62.
Source:
SL 1995, ch 23, §3; SDCL §3-12-142; SL 2019, ch 22, §1.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 12C - South Dakota Retirement System › Section 3-12C-803 - Disability benefits eligibility--Applications before July 1, 2015--Required information--Filing deadline.

3-12C-803. Disability benefits eligibility--Applications before July 1, 2015--Required information--Filing deadline.
A contributing member who becomes disabled and who has acquired at least three years of contributory service or noncontributory service since the member's most recent entry into active status and prior to becoming disabled or was disabled by accidental means while performing usual duties for an employer, is eligible for a disability benefit if the disability is expected to be of long, continued, and indefinite duration of at least one year. In order to be eligible for a disability benefit, a member must be disabled on the date the member's contributory service ends. Any member who fails to file an application for disability benefits with the executive director within three years after the date the member's contributory service ends, forfeits all rights to disability benefits. Any information required for a complete application must be received within one year after the application for disability benefits was received. If the required information is not received by the system within one year after the application is received, the member may reapply. For purposes of this section, a transfer within a participating unit, or a change in employment from one participating unit to another participating unit if there is no break in contributory service, does not constitute a new entry into active status. The provisions of this section apply to any member whose application for disability benefits is received by the system before July 1, 2015.
Source:
SL 1974, ch 35, §52; SL 1977, ch 28, §11; SL 1979, ch 30, §2; SL 1980, ch 31, §3; SL 1992, ch 3; SL 2004, ch 37, §3; SL 2005, ch 24, §5; SL 2014, ch 20, §24; SL 2016, ch 31, §21; SDCL §3-12-98; SL 2019, ch 22, §1.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 12C - South Dakota Retirement System › Section 3-12C-804 - Employer certification of inability to provide effective accommodations or comparable employment--Applications before July 1, 2015.

3-12C-804. Employer certification of inability to provide effective accommodations or comparable employment--Applications before July 1, 2015.
No application for disability benefits pursuant to §3-12C-803 may be determined until the employer has certified to the system that, within the employer's understanding of the member's medical condition and the employer's knowledge of the member's employment requirements and duties, the employer is unable to provide to the member either effective accommodations in the member's current position or comparable level employment in another position.
Source:
SL 1995, ch 23, §2; SL 2006, ch 19, §2; SL 2014, ch 20, §32; SDCL §3-12-141; SL 2019, ch 22, §1.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 12C - South Dakota Retirement System › Section 3-12C-805 - Amount of monthly disability benefit--Applications before July 1, 2015.

3-12C-805. Amount of monthly disability benefit--Applications before July 1, 2015.
The disability benefit for the first thirty-six months shall be equal to fifty percent of the member's final average compensation immediately preceding the date of disability, increased by ten percent of such compensation for each child to a maximum of four such children.
Starting with the thirty-seventh month, if the member is eligible for and receiving disability benefits from social security, the disability benefit from the system is equal to the greater of the amount paid during the first thirty-six months less the amount of primary social security or the amount of the member's unreduced accrued retirement benefit as of the date of disability. If the member's unreduced accrued retirement benefit is the greater, it is immediately payable by the system notwithstanding any other provisions to the contrary. In no event may the annual amount of a disability benefit be less than twenty percent of the compensation on which the initial disability benefit was based.
Starting with the thirty-seventh month, if the member is not eligible for and receiving disability benefits from social security, the disability benefit from the system is equal to the greater of twenty percent of the compensation on which the initial disability benefit was based or the amount of the member's unreduced accrued retirement benefit as of the date of disability. If the member's unreduced accrued retirement benefit is the greater, it is immediately payable by the system notwithstanding any other provisions to the contrary. The disability benefit shall be paid only in the form of monthly installments. The provisions of this section apply to any member whose application for disability benefits is received by the system prior to July 1, 2015.
Source:
SL 1974, ch 35, §53; SL 1994, ch 32, §3; SL 2004, ch 40, §2; SL 2014, ch 20, §25; SDCL §3-12-99; SL 2019, ch 22, §1.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 12C - South Dakota Retirement System › Section 3-12C-806 - Elimination or addition of disability benefit pertaining to children--Applications before July 1, 2015.

3-12C-806. Elimination or addition of disability benefit pertaining to children--Applications before July 1, 2015.
That portion of a disability benefit that is payable on account of children shall be eliminated as each child becomes ineligible. However, the portion of a disability benefit that is payable on account of children shall increase if a disabled member gains an additional child who is eligible. All other provisions in §3-12C-807 do not apply to members receiving a disability benefit pursuant to this chapter. The provisions of this section apply to any member whose application for disability benefits is received by the system before July 1, 2015.
Source:
SL 1994, ch 32, §4; SL 2011, ch 22, §1; SL 2014, ch 20, §26; SL 2016, ch 31, §22; SDCL §3-12-99.1; SL 2019, ch 22, §1.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 12C - South Dakota Retirement System › Section 3-12C-807 - Deduction of other public benefits from disability benefit--Reduction when children become ineligible--Applications before July 1, 2015.

3-12C-807. Deduction of other public benefits from disability benefit--Reduction when children become ineligible--Applications before July 1, 2015.
Disability benefits shall be reduced by an amount equal to the unmodified benefits paid or payable under other public systems. Disability benefits payable on account of children shall be reduced when children become ineligible. In no event may the annual amount of a disability benefit be less than the greater of six percent of the compensation on which the disability benefit is based or six hundred dollars a year.
However, any disability benefit effective prior to July 1, 1994, and payable on or after that date may not be reduced by any benefit payable on account of a veteran's disability or from any insured or self-insured short-term disability plan sponsored by an employer and paid for by the employee or paid for under a salary reduction plan. Further, any disability benefit effective prior to July 1, 1994, and payable on or after July 1, 1995, may not be reduced by any benefit payable on account of a federal military retirement or a federal national guard retirement. The provisions of this section apply to any member whose application for disability benefits is received by the system prior to July 1, 2015.
Source:
SL 1974, ch 35, §55; SL 1986, ch 37, §7; SL 1993, ch 43, §§1, 2; SL 1994, ch 36; SL 1995, ch 20; SL 2014, ch 20, §27; SDCL §3-12-101; SL 2019, ch 22, §1.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 12C - South Dakota Retirement System › Section 3-12C-808 - Conversion of disability benefit to retirement benefit at retirement age--Applications before July 1, 2015.

3-12C-808. Conversion of disability benefit to retirement benefit at retirement age--Applications before July 1, 2015.
When a person who is receiving a disability benefit reaches age sixty-five, or at such later date if there are no eligible children, or if over age sixty at the time of commencement of disability, after a period of five years, the member's disability benefit shall be terminated and thereafter the member shall receive the benefit payable for service retirement at that age, calculated on the projected compensation and projected service. If a person who received a disability benefit returns to employment prior to normal retirement age, the member's credited service shall include the time of disability. The provisions of this section apply to any member whose application for disability benefits is received by the system prior to July 1, 2015.
Source:
SL 1974, ch 35, §57; SL 1992, ch 33; SL 2014, ch 20, §28; SDCL §3-12-103; SL 2019, ch 22, §1.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 12C - South Dakota Retirement System › Section 3-12C-818 - Calculation of disability benefits--Foundation members.

3-12C-818. Calculation of disability benefits--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 must 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 and administering a qualified domestic relations order, 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; SL 2022, ch 15, §3.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 12C - South Dakota Retirement System › Section 3-12C-826 - Family benefit--Member dies before normal retirement age while receiving disability benefits.

3-12C-826. Family benefit--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 must 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 must be equally apportioned among any eligible children of the member and must be paid on behalf of any child in accordance with §3-12C-902. However, if the child is eighteen years of age or older, 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; SL 2022, ch 15, §4.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 12C - South Dakota Retirement System › Section 3-12C-902 - Payment or delivery to minors.

3-12C-902. Payment or delivery to minors.
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. However, if no custodian or conservator is appointed and the amount payable does not exceed ten thousand dollars each calendar year, payment shall be made to any parent having the care and custody of the minor and with whom the minor resides.
If the child is eighteen years of age or older, the benefit is payable directly to the child. If any payment exceeds ten thousand dollars in a calendar year, payment must be made on the minor’s behalf to a custodian or conservator appointed by law.
Source: SL 2006, ch 18, §1; SDCL §3-12-95.1; SL 2019, ch 22, §1; SL 2022, ch 15, §5.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 12C - South Dakota Retirement System › Section 3-12C-905 - Deductions of member's primary social security from benefits.

3-12C-905. Deductions of member's primary social security from benefits.
Seventy-five percent of a member's primary social security, without regard to any improvements, shall be deducted from the benefits provided in subdivisions 3-12C-901(1) and (2).
Source:
SL 1974, ch 35, §51; SL 1977, ch 28, §10; SL 1986, ch 37, §6; SL 1994, ch 35, §1; SDCL §3-12-96; 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-906 - Family benefits in lieu of other death benefits--Election by designated beneficiary to withdraw accumulated contributions.

3-12C-906. Family benefits in lieu of other death benefits--Election by designated beneficiary to withdraw accumulated contributions.
Family benefits payable under §3-12C-901 are in lieu of the death benefits payable under any other provision of this chapter except that a designated beneficiary may elect, subject to a deduction for any benefits previously paid, prior to the receipt of the first payment under subdivision 3-12C-901(4), to withdraw the member's accumulated contributions providing there are no children on account of whom benefits are payable under subdivisions 3-12C-901(1) and (2).
Source:
SL 1974, ch 35, §51; SL 1975, ch 39, §6; SDCL §3-12-97; 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-907 - Family benefit--Deceased member who was working--Total benefit--Effective date.

3-12C-907. Family benefit--Deceased member who was working--Total benefit--Effective date.
On the death of a contributing member after June 30, 2015, who has acquired at least three years of contributory service or noncontributory service, or who died while performing usual duties for an employer, and prior to the earlier of the member attaining normal retirement age or the member's retirement, a family benefit must be paid on behalf of any child of the member. The total family benefit is the greater of:
(1)Twenty-five percent of the member's final average compensation at the time of death; or
(2)The member's unreduced accrued retirement benefit at the time of death.
The family benefit is effective the first day of the month following the date on which the member's contributory service terminates and is payable upon the receipt of a completed application. The family benefit, which must be paid in monthly installments, shall be equally apportioned among any children of the member and shall be paid on behalf of any child in accordance with §3-12C-902. As a child becomes ineligible, the family benefit must 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, §17; SL 2016, ch 32, §41; SDCL §3-12-95.4; SL 2019, ch 22, §1; SL 2020, ch 15, §2; SL 2022, ch 15, §6.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 12C - South Dakota Retirement System › Section 3-12C-1001 - Election of additional survivor protection--Commencement and termination of additional contribution.

3-12C-1001. Election of additional survivor protection--Commencement and termination of additional contribution.
Within three hundred sixty-five days of becoming a member, within ninety days of attaining age thirty-five, or within ninety days of the first anniversary of a marriage, a member may elect to provide the member's spouse with additional survivor protection by increasing the member's contribution by an additional one and five-tenths percent of compensation, which additional contribution may not be matched by the member's employer. The additional contribution shall commence with the first payroll period following the date of the election. It shall continue until the earlier of the member's spouse attaining age sixty-five, the death or disability of the member, the death of the spouse, termination of employment or the termination of the marriage as defined in the rules of the board of trustees. The additional contribution may not be treated as a member contribution for purposes of determining the amount of refund of accumulated contributions. However, the contributions paid prior to January 1, 1979, shall be considered part of accumulated contributions for determining the amount of refund if the member terminates employment. Notwithstanding any other provision of this section, a member who is currently contributing to the system may terminate the additional survivor protection under this section, but all funds contributed for the additional survivor protection shall remain with the system and may not be considered as part of the member's accumulated contributions. For the purposes of implementing this section, the one and two-tenths percent contribution for additional survivor protection was applied to all compensation received on or after July 1, 2004, regardless of when that compensation was earned, and the one and five-tenths percent of compensation shall be applied to all compensation received on or after July 1, 2010, regardless of when that compensation was earned.
Source:
SL 1974, ch 35, §58; SL 1976, ch 40, §4; SL 1977, ch 28, §12; SL 1978, ch 33, §§1, 3; SL 1982, ch 32, §6; SL 1995, ch 21; SL 1998, ch 15, §20; SL 1998, ch 21, §1; SL 2004, ch 41, §1; SL 2010, ch 22, §1; SDCL §3-12-104; 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-1002 - Extension of survivor protection option to current contributing members--Limitation on future extensions.

3-12C-1002. Extension of survivor protection option to current contributing members--Limitation on future extensions.
The additional survivor protection option granted under §3-12C-1001 is hereby extended to all current contributing members of the system for a period of three months commencing October 1, 1990, and ending December 31, 1990. In no event may the additional survivor protection be made available to a terminated vested member or to a member receiving a retirement benefit from the system. However, the additional survivor protection option may not be so extended again at any time after June 30, 2004.
Source:
SL 1982, ch 32, §7; SL 1986, ch 39; SL 1990, ch 39; SL 2004, ch 41, §2; SL 2017, ch 27, §16; SDCL §3-12-104.1; 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-1003 - New enrollments in additional survivor protection prohibited.

3-12C-1003. New enrollments in additional survivor protection prohibited.
The provisions of §3-12C-1001 notwithstanding, on or after July 1, 2010, no member of the system may enroll in the program created under that section.
Source:
SL 2010, ch 22, §2; SDCL §3-12-104.2; SL 2019, ch 22, §1.