reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 12C - South Dakota Retirement System › Section 3-12C-1004 - Amount of additional survivor protection benefits--Termination.

3-12C-1004. Amount of additional survivor protection benefits--Termination.
The additional survivor protection payable under §3-12C-1001, on the death of the member or expiration of benefits that may have been paid pursuant to subdivision 3-12C-901(1) because there is no eligible child, entitles the surviving spouse of the member to an annual amount, payable in monthly installments, equal to forty percent of the member's final average compensation, multiplied by the COLA for each full twelve-month period between the earlier of the date of death or disability of the member and the date the payment of the benefit is due to commence. The additional survivor protection benefit shall continue until the surviving spouse dies or attains age sixty-five, whichever is earlier.
Source:
SL 1974, ch 35, §59; SL 1979, ch 30, §3; SL 1982, ch 34, §3; SL 2004, ch 40, §3; SL 2004, ch 41, §3; SL 2017, ch 27, §17; SDCL §3-12-105; 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-1101 - Final average compensation for foundation members whose contributory service concluded before July 1, 2021.

3-12C-1101. Final average compensation for foundation members whose contributory service concluded before July 1, 2021.
For any foundation member whose contributory service concluded before July 1, 2021, the term, final average compensation, means the highest average annual compensation earned by a member during any period of twelve consecutive calendar quarters during the member's last forty calendar quarters of membership in the system including time during which the member was not a member but for which the member has received credit under the system.
For purposes of determining final average compensation if periods of contributory service are separated by breaks, any service earned from covered employment may be aggregated to constitute a period of twelve consecutive calendar quarters. For any member who has less than twelve but more than four calendar quarters of membership in the system, the member's final average compensation shall be based on the compensation received in all quarters of membership. For any member who has four calendar quarters of membership or less, the member's final average compensation shall be based on the member's annual compensation.
Source:
SL 2016, ch 32, §26; SL 2017, ch 29, §1; SDCL §3-12-89.4; 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-1102 - Limitations on final average compensation for foundation members whose contributory service concluded before July 1, 2020.

3-12C-1102. Limitations on final average compensation for foundation members whose contributory service concluded before July 1, 2020.
For any foundation member whose contributory service concluded before July 1, 2020, if the compensation received in the last calendar quarter considered exceeds a set percentage of the amount in the highest previous calendar quarter, or if the average compensation received in the last four calendar quarters considered exceeds a set percentage of the amount earned in the highest calendar quarter prior to the last four calendar quarters considered, only the lesser amount shall be considered and the excess may not be included in the computation of final average compensation. Those respective set percentages are as follows:
(1)Before July 1, 2004, one hundred twenty-five percent and one hundred fifteen percent;
(2)Between July 1, 2004, and June 30, 2005, one hundred fifteen percent and one hundred ten percent; and
(3)After June 30, 2005, one hundred five percent and one hundred five percent.
Source:
SL 2017, ch 29, §3; SDCL §3-12-89.9; 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-1103 - Final average compensation for foundation members whose contributory service concludes after June 30, 2021.

3-12C-1103. Final average compensation for foundation members whose contributory service concludes after June 30, 2021.
For any foundation member whose contributory service concluded after June 30, 2021, and before July 1, 2022, the term, final average compensation, means the highest average annual compensation earned by a member during any period of sixteen consecutive calendar quarters during the member's last forty calendar quarters of membership in the system, including time during which the member was not a member but for which the member has received credit under the system.
For any foundation member whose contributory service concluded after June 30, 2022, the term, final average compensation, means the highest average annual compensation earned by a member during any period of twenty consecutive calendar quarters during the member's last forty calendar quarters of membership in the system, including time during which the member was not a member but for which the member has received credit under the system.
For purposes of determining final average compensation if periods of contributory service are separated by breaks, any service earned from covered employment may be aggregated to constitute a period of consecutive calendar quarters.
For any member who has less than the number of calendar quarters of membership considered in the computation of the member's final average compensation, but more than four, the member's final average compensation shall be based on the compensation received in all quarters of membership. For any member who has four calendar quarters of membership or less, the member's final average compensation shall be based on the member's annual compensation.
Source:
SL 2017, ch 29, §2; SDCL §3-12-89.8; 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-1104 - Limitations on final average compensation for foundation members whose contributory service concludes after June 30, 2020.

3-12C-1104. Limitations on final average compensation for foundation members whose contributory service concludes after June 30, 2020.
For purposes of this section, the term, compensation year, means each separate, mutually exclusive period of four consecutive calendar quarters considered in the computation of final average compensation. The earliest compensation year is the earliest four consecutive calendar quarters considered in the computation of final average compensation, and each subsequent compensation year is the subsequent period of four consecutive calendar quarters beginning after the earliest compensation year and continuing with each compensation year thereafter.
For any foundation member whose contributory service concluded after June 30, 2020, compensation is limited as follows:
(1)Compensation in the earliest compensation year is limited to one hundred five percent of the highest compensation received for any prior four-consecutive-calendar-quarter period during the member's last forty calendar quarters of membership in the system, including time during which the member was not a member but for which the member has received credit under the system; and
(2)Compensation for each subsequent compensation year is limited to one hundred five percent of the highest compensation considered for any prior compensation year, but the amount may not be less than the limit applied in subdivision (1).
Compensation in excess of the limited amount may not be included in the computation of final average compensation but is payable pursuant to §3-12C-713.
If the earliest compensation year includes one or more quarters from the earliest four consecutive calendar quarters in the member's last forty quarters of membership in the system, that compensation year may not be limited.
Compensation in the last calendar quarter considered in the computation of final average compensation is limited to one hundred five percent of the highest compensation considered for any prior calendar quarter during the member's last forty calendar quarters of membership in the system.
The final average compensation of any foundation member whose contributory service concluded before July 1, 2022, may not be less than the member's final average compensation computed as of June 30, 2017.
Source:
SL 2017, ch 29, §4; SDCL §3-12-89.10; 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-1105 - Normal retirement age for foundation members.

3-12C-1105. Normal retirement age for foundation members.
For any foundation member, normal retirement age is age sixty-five for Class A credited service and for Class B credited service as a justice, judge, and magistrate judge and age fifty-five for other Class B credited service.
Source:
SL 2016, ch 32, §28; SDCL §3-12-89.6; 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-1106 - Normal retirement benefit for foundation members for Class A credited service.

3-12C-1106. Normal retirement benefit for foundation members for Class A credited service.
Upon retirement, a foundation member shall receive a normal retirement benefit, commencing at normal retirement age or thereafter as provided in §3-12C-1113, for Class A credited service, equal to the larger of one and seven-tenths percent of final average compensation for each year of Class A credited service before July 1, 2008, plus one and fifty-five hundredths percent of final average compensation for each year of Class A credited service after July 1, 2008, or two and four-tenths percent of final average compensation for each year of Class A credited service before July 1, 2008, plus two and twenty-five hundredths percent of final average compensation for each year of Class A credited service after July 1, 2008, less other public benefits. For purposes of this section, federal military retirement or federal national guard retirement benefits are not other public benefits. For the purposes of this section, any Class A member with a period of employment with any public employer not covered by federal social security shall be presumed to be entitled to the maximum primary social security benefit permitted at the time of retirement. Class A credited service includes all credited service under this or any of the retirement systems consolidated pursuant to §3-12C-1601.
Source: SL 1967, ch 303, §7; SDCL §3-12-27; SL 1968, ch 216, §1; SDCL Supp, §3-12-25; SL 1970, ch 25, §5; SL 1974, ch 35, §47; SL 1975, ch 39, §5; SL 1982, ch 39; SL 1986, ch 37, §5; SL 1987, ch 37, §§7, 8; SL 1989, ch 38, §4; SL 1990, ch 37; SL 1991, ch 32; SL 1993, ch 44, §4; SL 1994, ch 34, §3; SL 1997, ch 26, §2; SL 1998, ch 15, §15; SL 1999, ch 15, §2; SL 2000, ch 25, §1; SL 2002, ch 23, §1; SL 2008, ch 23, §1; SL 2016, ch 32, §36; SDCL §3-12-91; SL 2019, ch 22, §1; SL 2023, ch 14, §5.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 12C - South Dakota Retirement System › Section 3-12C-1107 - Normal retirement benefit for foundation members for Class B credited service other than justice, judge, or magistrate judge.

3-12C-1107. Normal retirement benefit for foundation members for Class B credited service other than justice, judge, or magistrate judge.
Upon retirement, a foundation member shall receive a normal retirement benefit, commencing at normal retirement age or thereafter as provided in §3-12C-1113, for Class B credited service other than as a justice, judge, or magistrate judge, equal to two and four-tenths percent of final average compensation for each year of Class B credited service other than as a justice, judge, or magistrate judge before July 1, 2008, plus two percent of final average compensation for each year of Class B credited service other than as a justice, judge, or magistrate judge after July 1, 2008.
Source:
SL 1974, ch 35, §48; SL 1993, ch 44, §5; SL 1994, ch 34, §4; SL 1997, ch 26, §3; SL 1998, ch 15, §16; SL 1999, ch 15, §3; SL 2000, ch 25, §2; SL 2008, ch 23, §2; SL 2016, ch 32, §38; SDCL §3-12-92; 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-1108 - Normal retirement benefit for foundation members for Class B credited service as justice, judge, or magistrate judge.

3-12C-1108. Normal retirement benefit for foundation members for Class B credited service as justice, judge, or magistrate judge.
Upon retirement, a foundation member shall receive a normal retirement benefit, commencing at normal retirement age or thereafter as provided in §3-12C-1113, for the first fifteen years of Class B credited service as a justice, judge, or magistrate judge equal to three and seven hundred thirty-three thousandths percent of final average compensation for each year of Class B credited service as a justice, judge, or magistrate judge before July 1, 2008, plus three and three hundred thirty-three thousandths percent of final average compensation for each year of Class B credited service as a justice, judge, or magistrate judge after July 1, 2008. A foundation member shall also receive for Class B credited service as a justice, judge, or magistrate judge in excess of fifteen years, two and four-tenths percent of final average compensation for each year of Class B credited service as a justice, judge, or magistrate judge before July 1, 2008, plus two percent of final average compensation for each year of Class B credited service as a justice, judge, or magistrate judge after July 1, 2008.
Source:
SL 1994, ch 34, §5; SL 1997, ch 26, §4; SL 1998, ch 15, §17; SL 1999, ch 15, §4; SL 2000, ch 25, §3; SL 2008, ch 23, §3; SL 2016, ch 32, §39; SDCL §3-12-92.4; 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-1109 - Adjustments in benefit for certain retirees based on time and circumstances of retirement.

3-12C-1109. Adjustments in benefit for certain retirees based on time and circumstances of retirement.
Each member who retired before July 1, 2008, and each beneficiary of a deceased member who retired prior to July 1, 2008, shall receive a retirement benefit based on the provisions of §3-12C-1106, 3-12C-1107, or 3-12C-1108 as applicable based on the member's final average compensation, credited service, and other public benefits at retirement and the benefit formulas in §§3-12C-1106, 3-12C-1107, and 3-12C-1108 when increased by the COLA from the date of retirement to July 1, 2008.
Increased benefits as provided by any amendment to this section are prospective in nature and are effective July 1, 2008.
Each member or beneficiary of a member who retired before July 1, 1974, who is receiving benefits pursuant to §3-12C-1605 or each member or beneficiary of a member who elected to retire pursuant to §3-12C-1606, shall have a benefit increased by an additional two percent as of July 1, 2008, in lieu of the increase provided in this section.
If a member retired before normal retirement age, the benefit shall be adjusted in accordance with the law in effect at the time of retirement. If a member elected an alternate method of payment under the law in effect at the time of retirement, the benefit shall be adjusted in accordance with the law in effect at the time of retirement. If the additional benefit is to be paid to a beneficiary of a deceased member, the additional benefit shall be adjusted in accordance with the law in effect at the time of the member's retirement.
No member or beneficiary whose retirement benefit terminated before July 1, 2008, may receive any benefits pursuant to this section.
Source:
SL 1997, ch 26, §7; SL 1998, ch 15, §19; SL 1999, ch 15, §6; SL 2000, ch 25, §4; SL 2008, ch 23, §4; SL 2017, ch 27, §13; SDCL §3-12-92.6; 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-1110 - Reduction age defined for foundation members.

3-12C-1110. Reduction age defined for foundation members.
For any foundation member, the term, reduction age, means the age at which the sum of the foundation member's age and credited service equals a number as follows:
(1)For Class A credited service, an age not less than fifty-five and at which the sum of the foundation member's age and credited service equals eighty-five;
(2)For Class B credited service as a justice, judge, or magistrate judge, an age not less than fifty-five and at which the sum of the foundation member's age and credited service equals eighty; and
(3)For Class B credited service other than as a justice, judge, or magistrate judge, an age not less than forty-five and at which the sum of the foundation member's age and credited service equals seventy-five.
Source:
SL 2016, ch 32, §29; SDCL §3-12-89.7; 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-1111 - Early retirement benefits for foundation members.

3-12C-1111. Early retirement benefits for foundation members.
Any vested foundation member can retire in the ten years preceding the member's normal retirement age and the retirement benefit shall be reduced by the lesser of the following:
(1)One-fourth of one percent for each full month which remains between the date of commencement of payments and the date the member will reach the member's normal retirement age; or
(2)One-fourth of one percent for each full month which remains between the date of commencement of payments and the date the member will reach the member's reduction age.
Source:
SL 1967, ch 303, §7 as added by SL 1968, ch 216, §1; SDCL Supp, §3-12-27.1; SL 1970, ch 25, §6; SL 1974, ch 35, §60; SL 1978, ch 34, §1; SL 1986, ch 37, §8; SL 2016, ch 32, §44; SDCL §3-12-106; 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-1112 - Adjustment of early retirement benefits for foundation members who retire before eligible for social security.

3-12C-1112. Adjustment of early retirement benefits for foundation members who retire before eligible for social security.
Any foundation member who retires before being eligible for social security retirement benefits may elect to receive initial retirement benefit payments from the system in an amount greater than the standard benefit payments computed on the basis of the member's age and earnings at retirement. The greater amount, in conjunction with a later reduced amount, shall be the actuarial equivalent of the normal retirement benefit computed on the basis of age at retirement. The greater amount shall be paid until the foundation member reaches the age of sixty-two, at which time the payment from the system shall be the reduced amount so that, as far as possible, the foundation member's combined monthly retirement income from the system and social security shall approximately equal the greater amount paid prior to age sixty-two.
Source:
SL 1974, ch 35, §61; SL 2006, ch 20, §1; SL 2016, ch 32, §45; SDCL §3-12-107; 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-1113 - Effective date of retirement benefit of foundation member--Last payment--Retroactive retirement benefits.

3-12C-1113. Effective date of retirement benefit of foundation member--Last payment--Retroactive retirement benefits.
Unless a foundation member's required beginning date for retirement occurs first, the early or normal retirement benefit of a foundation member is effective in accordance with whichever of the following is last:
(1)The first day of the month following the date on which the member's contributory service terminated;
(2)The first day of the month following an intervening complete calendar month after the date on which the member's written application for retirement benefits is received by the system; or
(3)The first day of the month specified in the member's application for retirement.
The last payment of the member's benefit is for the month in which the member's death occurs.
Any foundation member who fails to make a timely application for retirement benefits may receive three months of benefits retroactive from the effective date of the member's retirement benefit. However, no foundation member may receive any retroactive benefits for any period of time before the first day of the month following the date on which the member's contributory service terminated.
Source:
SL 1967, ch 303, §7; SDCL §3-12-27; SL 1968, ch 216, §1; SDCL Supp, §3-12-25; SL 1970, ch 25, §5; SL 1974, ch 35, §46; SL 1978, ch 32, §4; SL 1993, ch 42, §4; SL 2016, ch 32, §35; SDCL §3-12-90; 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-1114 - Surviving spouse benefit--Retired foundation member--Effective dates.

3-12C-1114. Surviving spouse benefit--Retired foundation member--Effective dates.
Upon the death of a foundation retiree or any foundation member who has reached normal retirement age, the surviving spouse is eligible to receive a benefit, payable in monthly installments, equal to sixty percent of the retirement benefit that the foundation member was receiving or was eligible to receive at the time of death. The surviving spouse benefit of a spouse of a retiree is effective the first day of the month following the death of the member and is payable upon the receipt of a completed application. The surviving spouse benefit of a spouse of a member who had reached normal retirement age, but had not begun a retirement 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.
Source:
SL 1967, ch 303, §9 as added by SL 1968, ch 216, §1; SDCL Supp, §3-12-29.2; SL 1970, ch 25, §8; SL 1974, ch 35, §50; SL 1999, ch 16, §1; SL 2016, ch 32, §40; SDCL §3-12-94; SL 2019, ch 22, §1; SL 2020, ch 15, § 3.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 12C - South Dakota Retirement System › Section 3-12C-1115 - Surviving spouse benefit--Foundation member--Calculation of benefit.

3-12C-1115. Surviving spouse benefit--Foundation member--Calculation of benefit.
If no family benefit is being paid pursuant to §3-12C-907, a surviving spouse of a contributing foundation member who had acquired at least three years of contributory service or noncontributory service or who died while performing usual duties for the employer and who died after June 30, 2015, is, upon attaining the age of sixty-five, eligible to receive a surviving spouse benefit calculated as follows, whichever is applicable:
(1)If a family benefit had been 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 a family benefit had not been paid, sixty percent of the amount calculated pursuant to subsection (a) or (b), whichever is greater, increased by the COLA from the date of the member's death:
(a)Twenty-five percent of the member's final average compensation at the time of the member's death; or
(b)The member's unreduced accrued retirement benefit at the time of the member's death.
The surviving spouse benefit shall be paid, upon receipt of a completed application, in monthly installments for the life of the surviving spouse. If the surviving spouse is eligible at the time of the member's death, the benefit is effective the first day of the month following the date on which the member's contributory service terminates.
Source:
SL 2014, ch 20, §18; SL 2015, ch 26, §1; SL 2016, ch 32, §42; SL 2017, ch 27, §15; SDCL §3-12-95.5; SL 2019, ch 22, §§26, 45; SL 2020, ch 15, § 4.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 12C - South Dakota Retirement System › Section 3-12C-1116 - Early surviving spouse benefit for foundation member's spouse.

3-12C-1116. Early surviving spouse benefit for foundation member's spouse.
A foundation member's spouse who would be eligible to receive a surviving spouse benefit at age sixty-five may elect to start the benefit prior to age sixty-five but no earlier than the date on which the surviving spouse attains the age of fifty-five. The early surviving spouse benefit, payable for the life of the surviving spouse, is the surviving spouse benefit reduced by five percent for each full year and prorated for each additional full month between the date the early surviving spouse benefit commences and the date the surviving spouse attains the age of sixty-five.
Source:
SL 2014, ch 19, §1, eff. July 1, 2015; SL 2016, ch 32, §43; SDCL §3-12-95.6; 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-1201 - Final average compensation defined for generational members.

3-12C-1201. Final average compensation defined for generational members.
For any generational member, the term, final average compensation, means the highest average annual compensation earned by a member during any period of twenty consecutive calendar quarters during the member's last forty calendar quarters of membership in the system.
For purposes of determining final average compensation if periods of contributory service are separated by breaks, any service earned from covered employment may be aggregated to constitute a period of twenty consecutive calendar quarters.
For any member who has less than twenty but more than four calendar quarters of membership in the system, the member's final average compensation shall be based on the compensation received in all quarters of membership. For any member who has four calendar quarters of membership or less, the member's final average compensation shall be based on the member's annual compensation.
Source:
SL 2016, ch 32, §3; SL 2017, ch 29, §5; SDCL §3-12-502; 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-1202 - Limitations on final average compensation for generational members.

3-12C-1202. Limitations on final average compensation for generational members.
For purposes of this section, the term, compensation year, means each separate, mutually exclusive period of four consecutive calendar quarters considered in the computation of final average compensation. The earliest compensation year is the earliest four consecutive calendar quarters considered in the computation of final average compensation and each subsequent compensation year is the subsequent period of four consecutive calendar quarters beginning after the earliest compensation year and continuing with each compensation year thereafter.
For any generational member, compensation is limited as follows:
(1)Compensation in the earliest compensation year is limited to one hundred five percent of the highest compensation received for any prior four-consecutive-calendar-quarter period during the member's last forty calendar quarters of membership in the system, including time during which the member was not a member but for which the member has received credit under the system;
(2)Compensation for each subsequent compensation year is limited to one hundred five percent of the highest compensation considered for any prior compensation year, but the amount may not be less than the limit applied in subdivision (1).
Compensation in excess of the limited amount may not be included in the computation of final average compensation but is payable pursuant to section §3-12C-713.
If the earliest compensation year includes one or more quarters from the earliest four consecutive calendar quarters in the member's last forty quarters of membership in the system, that compensation year may not be limited.
Compensation in the last calendar quarter considered in the computation of final average compensation is limited to one hundred five percent of the highest compensation considered for any prior calendar quarter during the member's last forty calendar quarters of membership in the system.
Source:
SL 2017, ch 29, §6; SDCL §3-12-502.1; 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-1203 - Normal retirement age for generational members.

3-12C-1203. Normal retirement age for generational members.
For any generational member, normal retirement age is sixty-seven for Class A credited service and for Class B credited service as a justice, judge, and magistrate judge and age fifty-seven for other Class B credited service. The Legislature may increase the normal retirement age for some or all then-contributing members if life expectancy at retirement continues to increase, as substantiated by a periodic actuarial experience analysis that takes into account census data of all active members, vested terminated members, and retired members as well as beneficiaries of the system.
Source:
SL 2016, ch 32, §5; SDCL §3-12-504; 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-1204 - Normal retirement benefit for generational members for Class A credited service.

3-12C-1204. Normal retirement benefit for generational members for Class A credited service.
Upon retirement, a generational member shall receive a normal retirement benefit, commencing at normal retirement age or thereafter, for Class A credited service, equal to one and eight-tenths percent of final average compensation for each year of Class A credited service.
Source:
SL 2016, ch 32, §6; SDCL §3-12-505; 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-1205 - Normal retirement benefit for generational members for Class B credited service other than justice, judge, or magistrate judge.

3-12C-1205. Normal retirement benefit for generational members for Class B credited service other than justice, judge, or magistrate judge.
Upon retirement, a generational member shall receive a normal retirement benefit, commencing at normal retirement age or thereafter, for Class B credited service other than as a justice, judge, or magistrate judge, equal to two percent of final average compensation for each year of Class B credited service other than as a justice, judge, or magistrate judge.
Source:
SL 2016, ch 32, §7; SDCL §3-12-506; 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-1206 - Normal retirement benefit for generational members for Class B credited service as justice, judge, or magistrate judge.

3-12C-1206. Normal retirement benefit for generational members for Class B credited service as justice, judge, or magistrate judge.
Upon retirement, a generational member shall receive a normal retirement benefit, commencing at normal retirement age or thereafter, equal to three and three hundred thirty-three thousands percent of final average compensation for the first fifteen years of Class B credited service as a justice, judge, or magistrate judge and two percent of final average compensation for each year of Class B credited service as a justice, judge, or magistrate judge in excess of fifteen years.
Source:
SL 2016, ch 32, §8; SDCL §3-12-507; 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-1207 - Early retirement benefits for generational members.

3-12C-1207. Early retirement benefits for generational members.
Any vested generational member may elect to start the retirement benefit in the ten years preceding the member's normal retirement age. However, no retirement benefit may be paid unless the member submits a completed retirement application to the system that includes the benefit option elected by the member. The normal retirement benefit shall be reduced by five percent for each full year and prorated for each additional full month between the date the early retirement benefit commences and the date the member attains normal retirement age.
Source:
SL 2016, ch 32, §15; SDCL §3-12-513; 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-1208 - Application for retirement benefit required--Picture identification required.

3-12C-1208. Application for retirement benefit required--Picture identification required.
No retirement benefit may be paid unless the system has received a completed application for a retirement benefit, including the benefit option elected. The application shall be signed by the generational member, and the member shall provide 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.
Source: SL 2016, ch 32, §11; SDCL §
3-12-510
; SL 2019, ch 22, §1; SL 2021, ch 27, § 4.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 12C - South Dakota Retirement System › Section 3-12C-1209 - Monthly benefit options for generational members.

3-12C-1209. Monthly benefit options for generational members.
Any generational member applying for a retirement benefit shall elect one of the following monthly benefit options:
(1)A single life benefit that provides a monthly benefit to the member for as long as the member lives and ceases upon the death of the member;
(2)A sixty percent joint and survivor benefit that provides a reduced lifetime monthly benefit to the member, and upon the member's death sixty percent of the reduced benefit continues to the surviving spouse until the death of the surviving spouse; or
(3)A one hundred percent joint and survivor benefit that provides a reduced lifetime monthly benefit to the member, and upon the member's death one hundred percent of the reduced benefit continues to the surviving spouse until the death of the surviving spouse.
The benefits payable to the member and the surviving spouse pursuant to a joint and survivor benefit are based on the ages of the member and the spouse and are the actuarial equivalent of a single life benefit. The monthly benefit of a member electing the joint and survivor benefit is reduced in order to provide for a continuing benefit for the surviving spouse after the member's death. The last payment of the member's benefit is for the month in which the member's death occurs, and any surviving spouse benefit is effective from the first day of the month following the member's death. The benefits payable pursuant to this section shall be paid in accordance with §401(a)(9) of the Internal Revenue Code.
Source:
SL 2016, ch 32, §9; SDCL §3-12-508; 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-1210 - Irrevocable benefit election by generational members.

3-12C-1210. Irrevocable benefit election by generational members.
If more than one monthly retirement benefit payment has been made to the generational member, the benefit election made by a member is irrevocable and surviving spouse benefits, if elected, may only be paid to the person who is the spouse both at the time of the election and at the time of the member's death and only if the spouse survives the member. The benefit election may not be rescinded in the event of a subsequent divorce or the subsequent death of the spouse.
Source:
SL 2016, ch 32, §10; SDCL §3-12-509; 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-1211 - Effective date of retirement benefit of generational member--Last payment.

3-12C-1211. Effective date of retirement benefit of generational member--Last payment.
Unless a generational member's required beginning date for retirement occurs first, the retirement benefit of a generational member is effective in accordance with whichever of the following is last:
(1)The first day of the month following the date on which the member's contributory service terminated;
(2)The first day of the month following an intervening complete calendar month after the date on which the member's written application for retirement benefits is received by the system; or
(3)The first day of the month specified in the member's application for retirement.
The last payment of the member's benefit is for the month in which the member's death occurs.
Source:
SL 2016, ch 32, §12; SDCL §3-12-511; 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-1212 - Retroactive retirement benefits for generational members.

3-12C-1212. Retroactive retirement benefits for generational members.
Any generational member who fails to make a timely application for retirement benefits may receive three months of benefits retroactive from the effective date of the member's retirement benefit. However, no member may receive any retroactive benefits for any period of time before the first day of the month following the date the member's contributory service terminated.
Source:
SL 2016, ch 32, §13; SDCL §3-12-512; 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-1213 - Surviving spouse benefit--Retired generational member--Amount of benefit.

3-12C-1213. Surviving spouse benefit--Retired generational member--Amount of benefit.
Upon the death of a generational member retiree who elected either a sixty percent or one hundred percent joint and survivor benefit, the surviving spouse is eligible to receive a surviving spouse benefit. The amount of the surviving spouse benefit is based on the election made upon the retirement of the member and is payable on a monthly basis to the surviving spouse for the life of the spouse. The surviving spouse benefit is effective the first day of the month following the death of the member and is payable upon the receipt of a completed application.
Source:
SL 2016, ch 32, §16; SDCL §3-12-514; SL 2019, ch 22, §1; SL 2020, ch 15, § 5.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 12C - South Dakota Retirement System › Section 3-12C-1214 - Surviving spouse benefit--Generational member dying after normal retirement age but before start of benefit--Amount of benefit.

3-12C-1214. Surviving spouse benefit--Generational member dying after normal retirement age but before start of benefit--Amount of benefit.
Upon the death of a generational member who was vested or died while performing usual duties for the employer and who has reached normal retirement age but has not yet begun a retirement benefit, a surviving spouse is eligible to receive a surviving spouse benefit. The surviving spouse benefit is equal to sixty percent of the actuarially reduced amount the member would have received if the member retired on the date of death and elected the sixty percent joint and survivor benefit. The annual benefit shall be divided into monthly payments and is payable for the life of the surviving spouse. The surviving spouse benefit is effective the first day of the month following the date on which the member's contributory services terminates and is payable upon receipt of a completed application.
Source:
SL 2016, ch 32, §17; SDCL §3-12-515; SL 2019, ch 22, §1; SL 2020, ch 15, § 6.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 12C - South Dakota Retirement System › Section 3-12C-1215 - Amount of surviving spouse benefit for generational member.

3-12C-1215. Amount of surviving spouse benefit for generational member.
If no family benefit is being paid pursuant to §3-12C-907, a surviving spouse of a contributing generational member who had acquired at least three years of contributory service or noncontributory service or died while performing usual duties for the employer is, upon attaining the age sixty-seven, eligible to receive a surviving spouse benefit as follows:
(1)If a family benefit had been 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 a family benefit had not been paid, sixty percent of the amount calculated pursuant to subsection (a) or (b), whichever is greater, increased by the COLA from the date of the member's death:
(a)Twenty-five percent of the member's final average compensation at the time of the member's death; or
(b)The member's unreduced accrued retirement benefit at the time of the member's death.
The surviving spouse benefit shall be paid in monthly installments for the life of the surviving spouse.
Source:
SL 2016, ch 32, §18; SL 2017, ch 27, §36; SDCL §3-12-516; SL 2019, ch 22, §§38, 45.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 12C - South Dakota Retirement System › Section 3-12C-1216 - Early surviving spouse benefit for generational member's spouse.

3-12C-1216. Early surviving spouse benefit for generational member's spouse.
A generational member's spouse who is eligible to receive a surviving spouse benefit at age sixty-seven may elect to start the benefit in the ten years preceding the spouse attaining the age of sixty-seven. The early surviving spouse benefit, payable for the life of the surviving spouse, is the surviving spouse benefit reduced by five percent for each full year and prorated for each additional full month between the date the early surviving spouse benefit commences and the date the surviving spouse attains the age of sixty-seven.
Source:
SL 2016, ch 32, §19; SDCL §3-12-517; 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-1301 - Variable retirement accounts of generational members--Contributions and credited investment return.

3-12C-1301. Variable retirement accounts of generational members--Contributions and credited investment return.
Each generational member shall have a variable retirement account, which consists of variable retirement contributions and the credited investment return. The investment return shall be credited annually as of June thirtieth for all generational members with a variable retirement account on that date. The credited investment return is the South Dakota Investment Council's reported money-weighted investment return of the system, net of fees, for the completed fiscal year. In the case of a distribution during the fiscal year, the credited investment return is the estimated investment return to the end of the month before payment. Any variable retirement contributions made during the fiscal year shall receive one-half year's credited investment return.
Source: SL 2016, ch 32, §21; SDCL §3-12-519; SL 2019, ch 22, §1; SL 2022, ch 15, §7.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 12C - South Dakota Retirement System › Section 3-12C-1302 - Variable retirement contributions of generational members.

3-12C-1302. Variable retirement contributions of generational members.
Each year the board shall establish the variable retirement contribution for the following fiscal year based on the results of the most current annual actuarial valuation. The variable retirement contribution for any year may be adjusted from zero to one and one-half percent of each contributing generational member's compensation and shall be allocated to each generational member's variable retirement account. The variable retirement contribution for the fiscal year beginning July 1, 2017, shall be one and one-half percent of each contributing member's compensation.
Source:
SL 2016, ch 32, §22; SDCL §3-12-520; 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-1303 - Distributions from generational member's variable retirement account.

3-12C-1303. Distributions from generational member's variable retirement account.
The variable retirement account is payable to the generational member when the member commences a retirement benefit or a disability benefit. If a generational member dies before commencing a benefit, the variable retirement account is payable at the death of the member to the member's spouse who meets the requirements for an immediate or deferred surviving spouse benefit under §3-12C-1214 or 3-12C-1215. For the purpose of paying a distribution, the variable retirement account is the amount in the member's variable retirement account or the total of the variable retirement contributions made on behalf of the member, whichever is greater.
The variable retirement account 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.
The variable retirement account is not payable to any member who withdraws his or her accumulated contributions from the system.
Source: SL 2016, ch 32, §23; SDCL §3-12-521; SL 2019, ch 22, §1; SL 2022, ch 15, §8; SL 2023, ch 14, §6.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 12C - South Dakota Retirement System › Section 3-12C-1400 - Three consecutive calendar months of separation described.

3-12C-1400. Three consecutive calendar months of separation described.
For purposes of §§ 3-12C-1401 to 3-12C-1406, inclusive, in order to have three consecutive calendar months of separation that start with the member's effective date of retirement, the member may have no employment or any relationship with a participating unit regardless of classification as part-time, seasonal, temporary, leased, contract, or any other designation, during that time.
Source:
SL 2021, ch 29, § 1, eff. Apr. 1, 2021.