reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 13C - Department Of Labor And Regulation Employee Retirement › Section 3-13C-4 - Credited past service--Determination.

3-13C-4  .  Credited past service--Determination.
For the purposes of this chapter, credited past service is the total of an employee's service before August 1, 1961. This total is expressed in whole years and fractional parts of a year including a complete month as a fractional part of a year. This service is credited only to an employee who became an active participant before or on August 1, 1961 or who, as of that date, had permanent status but was absent from active work and became an active participant before August 1, 1962.
However, credited past service is modified as follows:
(1) Service during a period in which an employee is receiving or is entitled to receive a Federal Civil Service Retirement Pension is excluded;
(2) Service during a period in which an employee has made contributions to the Federal Civil Service Retirement System and the contributions had not been withdrawn before August 1, 1961, or application for withdrawal of the contributions is not made by the employee within thirty days after the employer receives certification from the United States Civil Service Commission that the employee currently has contributions in the Federal Civil Service Retirement System, is excluded; unless contributions to fund the Past Service benefit otherwise available to the employee are made available from funds other than funds granted by Title III of the Federal Social Security Act;
(3) Service accrued for a plan year in which an employee was not an eligible employee is excluded;
(4) A period of military duty shall be included as service with the employer to the extent it has not already been credited. The service is considered to be service as an eligible employee only if an employee was an eligible employee on the day immediately preceding the period of military duty; and
(5) Other service included:
(a) Indefinite leave of absence granted under Presidential Executive Order 8990, dated December 23, 1941, including any services performed for the United States Employment Service or the War Manpower Commission from January 1, 1942, to November 15, 1946, inclusive, and including any leave for Military Service granted by either the United States Employment Service or the War Manpower Commission, with or without pay; and
(b) All other approved leaves.
Source:  SL 2020, ch 13, § 11.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 13C - Department Of Labor And Regulation Employee Retirement › Section 3-13C-5 - Credited service--Determination.

3-13C-5  .  Credited service--Determination.
For purposes of this chapter, credited service is the sum of credited past service before August 1, 1961 and the total of the employee's continuous service with the employer on and after August 1, 1961, expressed in whole years and fractional parts of a year including a complete month as a fractional part of a year.
However, credited service is modified as follows:
(1) Service while an employee was not an active participant or an active participant under the prior plan is excluded;
(2) Service while an employee failed or refused to make a contribution required under the plan or prior plan is excluded. This provision also applies to an employee's service while contributions were not made because the employee failed or refused to complete a written agreement to make the contributions;
(3) A period of military duty shall be included as service with the employer to the extent it has not already been credited. The service is considered to be service as an eligible employee only if an employee was an eligible employee on the day immediately preceding the period of military duty; and
(4) Unused accumulated annual leave and unused accumulated sick leave, and special military service credit, if any, shall be included as service with the employer to the extent it has not already been credited.
Source:  SL 2020, ch 13, § 12.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 13C - Department Of Labor And Regulation Employee Retirement › Section 3-13C-6 - Eligible retirement plan--Determination.

3-13C-6  .  Eligible retirement plan--Determination.
For purposes of this chapter, an eligible retirement plan is an eligible plan under 26 U.S.C. §457(b) maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state and that agrees to separately account for amounts transferred into that plan from this plan, a traditional individual retirement account, a Roth individual retirement account, an annuity plan described in 26 U.S.C. §403(a), an annuity contract described in 26 U.S.C. §403(b), or a qualified plan described in 26 U.S.C. §401(a), accepting the distributee's eligible rollover distribution. The definition of eligible retirement plan also applies if a distribution is made to a surviving spouse, or to a spouse or former spouse who is the alternate payee under a qualified domestic relations order, as defined in 26 U.S.C. §414(p).
Source:  SL 2020, ch 13, § 13.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 13C - Department Of Labor And Regulation Employee Retirement › Section 3-13C-7 - Eligible rollover distribution.

3-13C-7  .  Eligible rollover distribution.
For purposes of this chapter, an eligible rollover distribution is any distribution of all or any portion of the balance to the credit of the distributee, except an eligible rollover distribution does not include:
(1) Any distribution of a series of substantially equal periodic payments, not less frequently than annually, made for the life expectancy of the distributee or the joint life expectancies of the distributee and the distributee's designated beneficiary, or for a specified period of ten years or more;
(2) Any distribution to the extent the distribution is required under 26 U.S. C. §401(a)(9);
(3) The portion of any other distribution not includible in gross income determined without regard to the exclusion for net unrealized appreciation with respect to employer securities; and
(4) Any other distribution reasonably expected to total less than two hundred dollars during a year.
A portion of a distribution does not fail to be an eligible rollover distribution because the portion consists of after-tax employee contributions that are not includible in gross income. The portion may be transferred only to a traditional individual retirement account or annuity described in 26 U.S.C. §408(a) or (b), a Roth individual retirement account or annuity described in 26 U.S.C. §408A, or a qualified defined contribution, defined benefit, or annuity plan described in 26 U.S.C. §401(a) or 403(a) or to an annuity described in 26 U.S.C. §403(b), if the plan or contract agrees to separately account for amounts so transferred including interest thereon, while separately accounting for the portion of the distribution which is includible in gross income and the portion of the distribution which is not so includible.
Source:  SL 2020, ch 13, § 14.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 13C - Department Of Labor And Regulation Employee Retirement › Section 3-13C-8 - Normal retirement date--Determination.

3-13C-8  .  Normal retirement date--Determination.
For purposes of this chapter, normal retirement date is the earliest first day of the month on or after the earliest of the date the employee:
(1) Attains age sixty-five;
(2) Attains age sixty-two and has completed ten years of credited service;
(3) Attains age sixty and has completed twenty years of credited service; or
(4) Attains age fifty-five and has completed thirty years of credited service.
For purposes of determining the normal retirement date, credited service does not include unused accumulated annual or sick leave. The normal retirement date shall be the date the employee's retirement benefit begins if the employee has ceased to be an employee on that date and the retirement benefit has not already begun. Unless otherwise provided in this plan, a participant's retirement benefits shall begin on the participant's normal retirement date if the participant has had a severance from employment on that date.
Source:  SL 2020, ch 13, § 15.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 13C - Department Of Labor And Regulation Employee Retirement › Section 3-13C-9 - Confidentiality of records--Exceptions.

3-13C-9  .  Confidentiality of records--Exceptions.
Any information contained in any record pertaining to a member governed by this chapter is confidential and shall be used for the sole purpose of carrying into effect the provisions of this chapter. Any record containing the information is not open to inspection by any person or entity except the member, the board, the employees of the system, or the member's employer. The information and records may be released to the member or with the member's consent. The information and records may also be released pursuant to a court order or subpoena.
Source:  SL 2020, ch 13, § 16.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 13C - Department Of Labor And Regulation Employee Retirement › Section 3-13C-10 - Class D members vested--Contributions not required--Participation ceases.

3-13C-10  .  Class D members vested--Contributions not required--Participation ceases.
All Class D members of the South Dakota Retirement System as of July 1, 2020, are considered vested.
No contributions by Class D members are required on or after January 1, 1990.
A participant, whether active or inactive, shall cease to be a participant on the earlier of the following:
(1) The date of the participant's death; or
(2) The date the participant receives a single sum distribution in lieu of all of the benefits under the plan.
An inactive participant shall also cease to be a participant on the earliest date on which the participant is not entitled to a deferred monthly income.
Source:  SL 2020, ch 13, § 17.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 13C - Department Of Labor And Regulation Employee Retirement › Section 3-13C-11 - Beneficiaries--Records.

3-13C-11  .  Beneficiaries--Records.
Each participant may name a beneficiary to receive any death benefit due for participation in the plan, other than any income payable to a contingent. The participant may change any beneficiary from time to time. The participant's beneficiary designation and any change of beneficiary shall be subject to the provisions of §3-13C-13.
It is the responsibility of the participant to give written notice to the system of the name of the beneficiary on a form furnished for this purpose. The system shall maintain a record of each participant's beneficiary designation before the participant's retirement date.
If there is no beneficiary named or surviving when a participant dies, the participant's beneficiary shall be the participant's surviving spouse, or if there is no surviving spouse, the executor or administrator of the participant's estate.
Source:  SL 2020, ch 13, § 18.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 13C - Department Of Labor And Regulation Employee Retirement › Section 3-13C-12 - Direct rollovers--Election by distributee.

3-13C-12  .  Direct rollovers--Election by distributee.
Notwithstanding any provision of the plan to the contrary limiting a distributee's election under this section, a distributee may elect at the time and in the manner prescribed by the system, to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by the distributee in a direct rollover.
In the event of a mandatory distribution of an eligible rollover distribution greater than one thousand dollars in accordance with §3-13C-14, if the participant does not elect to have the distribution paid directly to an eligible retirement plan specified by the participant in a direct rollover or to receive the distribution directly, the system shall pay the distribution in a direct rollover to an individual retirement plan designated by the system.
In the event of any other eligible rollover distribution to a distributee in accordance with §3-13C-13, if the distributee does not elect to have the distribution paid directly to an eligible retirement plan specified by the distributee in a direct rollover or to receive the distribution directly, the system shall pay the distribution to the distributee.
Source:  SL 2020, ch 13, § 19.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 13C - Department Of Labor And Regulation Employee Retirement › Section 3-13C-13 - Required minimum distributions--General rule.

3-13C-13. Required minimum distributions--General rule.
The system shall pay all benefits in accordance with a good faith interpretation of the requirements in § 401(a)(9) of the Internal Revenue Code and the regulations in effect under that section, as applicable to a governmental plan within the meaning of § 414(d) of the Internal Revenue Code.
The member's entire interest shall be distributed, or begin to be distributed, by the required beginning date, which is April first of the calendar year following the later of:
(1)The calendar year in which the member reaches age seventy-two, or age seventy and one-half if the member attained age seventy and one-half before January 1, 2020; or
(2)The calendar year in which the member retires.
A member or beneficiary eligible for benefits shall apply for benefits in order to commence distribution of benefits. The system, pursuant to a qualified domestic relations order, may establish separate benefits for a member and alternate payee.
Source:
SL 2020, ch 13, § 20; SL 2021, ch 28, § 20.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 13C - Department Of Labor And Regulation Employee Retirement › Section 3-13C-13.1 - Required minimum distributions--Member's death after distributions begun.

3-13C-13.1. Required minimum distributions--Member's death after distributions begun.
If a member dies after the required distribution of benefits has begun, the remaining portion of the member's interest shall be distributed at least as rapidly as under the same method of distribution before the member's death.
Source:
SL 2021, ch 28, § 21.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 13C - Department Of Labor And Regulation Employee Retirement › Section 3-13C-13.2 - Required minimum distributions--Member's death before distributions begun.

3-13C-13.2. Required minimum distributions--Member's death before distributions begun.
If a member dies before required distribution of the member's benefits has begun, the member's interest shall be distributed as follows:
(1)If the member has a surviving spouse, the surviving spouse shall receive benefits over the life of the surviving spouse beginning as soon as administratively possible and effective the month after the member's death; or
(2)If the member has no surviving spouse, the member's remaining interest shall be distributed in a lump sum payment to the designated beneficiary within five years from the date of the member's death.
Source:
SL 2021, ch 28, § 22.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 13C - Department Of Labor And Regulation Employee Retirement › Section 3-13C-13.3 - Required minimum distributions--Incidental benefit rule.

3-13C-13.3. Required minimum distributions--Incidental benefit rule.
The death and disability benefits provided by the system are limited by the incidental benefit rule set forth in § 401(a)(9)(G) of the Internal Revenue Code and Treasury Regulation § 1.401-1(b)(1)(i). As a result, the total death or disability benefits payable may not exceed twenty-five percent of the cost for all of the member's benefits received from the system.
Source:
SL 2021, ch 28, § 23.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 13C - Department Of Labor And Regulation Employee Retirement › Section 3-13C-13.4 - Required minimum distributions--Reasonable and made in good faith.

3-13C-13.4. Required minimum distributions--Reasonable and made in good faith.
Notwithstanding the other provisions of §§ 3-13C-13 to 3-13C-13.3, inclusive, or the provisions of United States Treasury regulations, benefit options may continue so long as the option satisfies § 401(a)(9) of the Internal Revenue Code based on a reasonable and good faith interpretation of that section.
Source:
SL 2021, ch 28, § 24.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 13C - Department Of Labor And Regulation Employee Retirement › Section 3-13C-14 - Vested accrued benefit--Distribution--Small amounts payment.

3-13C-14  .  Vested accrued benefit--Distribution--Small amounts payment.
If the present value of the participant's vested accrued benefit does not exceed five thousand dollars, and the participant has not started retirement benefits with respect to any portion of the vested accrued benefit, the present value of the participant's entire vested accrued benefit shall be distributed as of the earliest of the participant's retirement date or the date of severance from employment for any reason other than death. For purposes of this section, if the present value of the participant's vested accrued benefit is zero, the participant shall be deemed to have received a distribution of the present value. This is a small amounts payment. The small amounts payment is in full settlement of all benefits otherwise payable.
If a participant has a severance from employment for any reason other than death or retirement and does not elect to have a small amounts payment paid directly to an eligible retirement plan specified by the participant in a direct rollover or to receive the distribution directly and the present value of the participant's vested accrued benefit is greater than one thousand dollars, a mandatory distribution will be made in accordance with §  3-13C-12  . If the present value of the participant's vested accrued benefit is one thousand dollars or less, the present value of the participant's entire vested accrued benefit shall be paid directly to the participant.
If the present value of the preretirement spouse and dependent child death benefit or the certain period death benefit as provided in §3-13C-18 does not exceed five thousand dollars on the date of the participant's death, the present value of the preretirement spouse and dependent child death benefit or the certain period death benefit shall be distributed as of the date the participant dies. If the single sum death benefit payable to a beneficiary does not exceed five thousand dollars, on the date of the participant’s death, the death benefit shall be distributed in a single sum as of the date the participant dies. This is a small amounts payment.
A small amounts payment is in full settlement of the death benefit otherwise payable. No other small amounts payments may be made.
Source:  SL 2020, ch 13, § 21.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 13C - Department Of Labor And Regulation Employee Retirement › Section 3-13C-15 - Accrued benefit determined.

3-13C-15  .  Accrued benefit determined.
An active participant's monthly accrued benefit as of any date, subject to the modifications below, will be equal to the product of (1) and (2) as follows:
(1) An amount equal to two percent of average compensation; and
(2) Credited service on such date.
An active participant's monthly accrued benefit may not be less than the amount of the participant's monthly retirement benefit accrued as of December 11, 1984.
After all other modifications have been applied, an active participant's monthly accrued benefit shall be reduced by the amount of deferred monthly retirement benefit under the normal form beginning on the normal retirement date in lieu of which the participant has received a single sum payment under the plan. The participant's accrued benefit resulting from employer contributions is equal to the participant's total accrued benefit reduced by the required contribution accrued benefit.
Source:  SL 2020, ch 13, § 22.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 13C - Department Of Labor And Regulation Employee Retirement › Section 3-13C-16 - Amount of benefit at retirement.

3-13C-16  .  Amount of benefit at retirement.
The amount of retirement benefits to be provided under the normal form for an active participant on the participant's retirement date is:
(1) On the participant's normal retirement date, the amount is equal to the participant's accrued benefit on that date;
(2) On the participant's early retirement date, the amount is equal to the participant's accrued benefit on that date, reduced by one-sixth of one percent for each month the participant's early retirement date precedes the participant's normal retirement date; or
(3) On the participant's late retirement date, the amount is equal to the participant's accrued benefit on the late retirement date.
In any event, an active participant's retirement benefit under the normal form on the participant's retirement date may not be less than the greater of the participant's required contribution accrued benefit on the participant's retirement date, reduced in the same manner as the participant's accrued benefit is reduced at early retirement date if the participant's retirement date is an early retirement date, or the monthly benefit under the normal form that is the actuarial equivalent of the participant's required contribution account on that date.
Source:  SL 2020, ch 13, § 23.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 13C - Department Of Labor And Regulation Employee Retirement › Section 3-13C-17 - Benefit limitation.

3-13C-17  .  Benefit limitation.
Annual benefits payable under the plan may not exceed the amount provided in 26 U.S. C. §415 and are payable in accordance with §  3-12C-711  .
Source:  SL 2020, ch 13, § 24.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 13C - Department Of Labor And Regulation Employee Retirement › Section 3-13C-19 - Death benefit after retirement determination--Payment amount determined.

3-13C-19  .  Death benefit after retirement determination--Payment amount determined.
Any death benefit after a participant's retirement will be determined by the form of retirement benefit in effect on that date. If the participant has a dependent child on the date of death after retirement date, payments shall be made as follows:
(1) For each dependent child of the participant with a surviving spouse, the amount of payments is equal to the least of:
(a) Sixty percent of the participant's average compensation on the date of death, divided by the number of dependent children;
(b) Seventy-five dollars; or
(c) Two hundred twenty-five dollars, divided by the number of dependent children.
The payments to a dependent child are in addition to the payments made to the surviving spouse; and
(2) For each dependent child of a participant who does not have a spouse on the date of death, the amount of payments is equal to the least of:
(a) Seventy-five percent of the participant's average compensation on the date of death, divided by the number of dependent children;
(b) Ninety dollars; or
(c) Two hundred seventy dollars, divided by the number of dependent children.
Source:  SL 2020, ch 13, § 26.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 13C - Department Of Labor And Regulation Employee Retirement › Section 3-13C-20 - Vested benefits--Distribution amount determined.

3-13C-20  .  Vested benefits--Distribution amount determined.
Any distribution of vested benefits shall be a retirement benefit and subject to §  3-13C-14  . A participant who becomes an inactive participant before retirement or death is entitled to one of the following vested benefits, whichever is applicable:
(1) A deferred monthly retirement benefit under the normal form to begin on the participant's normal retirement date equal to the sum of (a) and (b):
(a) On and after June 30, 1999, the amount of monthly benefit which could be provided on the participant's normal retirement date on the normal form by the participant's required contribution account, based on the rates described in the definition of actuarial equivalent; and
(b) The product of (i) and (ii):
(i) The excess of the participant's accrued benefit on the day before becoming an inactive participant over the amount determined under (a); and
(ii) The participant's vesting percentage on the date of severance from employment; or
(2) A deferred monthly retirement benefit under the normal form to begin on the participant's late retirement date determined as follows:
(a) For a participant who became an inactive participant on or before normal retirement date, an amount equal to the amount under subdivision (1); and
(b) For a participant who became an inactive participant after normal retirement date, an amount equal to the participant's accrued benefit on the day before becoming an inactive participant.
The deferred retirement benefit for the participant on the participant's retirement date may not be less than the monthly benefit equal to the actuarial equivalent of the required contribution account on that date.
The amount of payment under any form other than the normal form shall be determined in accordance with §3-13C-21.
The participant may receive the participant's required contribution account in a single sum payment at any time after severance from employment and before the participant's retirement date, provided the participant has not again become an employee. If the amount is not payable in accordance with §  3-13C-14  , it will be distributed only if the participant so elects. The participant's election shall be subject to the requirements in §3-13C-23. The payment shall be in lieu of the required contribution accrued benefit.
If the participant dies before retiring, death benefits shall be distributed in accordance with §  3-13C-18  .
Source:  SL 2020, ch 13, § 27.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 13C - Department Of Labor And Regulation Employee Retirement › Section 3-13C-21 - Retirement benefits--Optional forms.

3-13C-21  .  Retirement benefits--Optional forms.
The optional forms of retirement benefits are the following:
(1) A straight life annuity;
(2) A single life annuity with a certain period of ten, fifteen, or twenty years;
(3) A single life annuity with modified cash refund of the participant’s required contribution account;
(4) A survivorship life annuity equal to the participant's monthly retirement benefit, reduced by two and one-half percent of the amount of the benefit not exceeding three hundred dollars plus ten percent of the amount by which the benefit exceeds three hundred dollars, with survivorship percentages of fifty or seventy-five percent; and
(5) A Social Security adjustment option based on the normal form and adjusted in a manner so when added to the primary insurance benefits under Title II of the Federal Social Security Act in effect on the participant's retirement date will provide, as nearly as practicable, a uniform series of payments before and after attaining Social Security retirement age. This option is effective only for a participant whose retirement date occurs before the participant attains Social Security retirement age.
Social Security retirement age means, on any date, the age at which full Social Security benefits become payable as determined by the Social Security table in effect on that date.
The benefit payable under any optional form available under this section, other than the normal form, shall be the actuarial equivalent of the benefit otherwise payable to the participant under the normal form on the participant's retirement date. If the participant's retirement date is before the participant's normal retirement date, the benefit payable under any optional form other than a nondecreasing annuity payable for a period of not less than the life of the participant or an annuity decreasing during the life of the participant because of either the death of the survivor contingent participant but only if the reduction is not below fifty percent of the benefit payable before the death of the survivor contingent participant or the cessation or reduction of Social Security supplements or qualified disability payments as defined in 26 U.S.C. §401(a)(11), may not be less than the actuarial equivalent of the benefit otherwise payable to the participant under the normal form on the participant's normal retirement date.
The election of an optional form is subject to the provisions of §§  3-13C-13   and 3-13C-23.
Retirement benefits are nontransferable.
Source:  SL 2020, ch 13, § 28.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 13C - Department Of Labor And Regulation Employee Retirement › Section 3-13C-22 - Death benefits--Optional forms.

3-13C-22  .  Death benefits--Optional forms.
The optional forms of death benefit are any of the optional forms of retirement benefit stated in §  3-13C-21   that are not survivorship life annuities. The election of an optional form is subject to the provisions of §§  3-13C-13   and 3-13C-23.
Source:  SL 2020, ch 13, § 29.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 13C - Department Of Labor And Regulation Employee Retirement › Section 3-13C-23 - Election of benefits--Requirements.

3-13C-23  .  Election of benefits--Requirements.
The participant, beneficiary, or spouse shall make any election in writing. The system may require the person to complete and sign any necessary documents as to the provisions made.
A participant may elect a beneficiary or contingent participant and may elect to have retirement benefits distributed under the provisions of §  3-13C-21  .
A participant may elect a beneficiary for any single sum death benefits and may elect to have the death benefits distributed in accordance with §§  3-13C-18   and   3-13C-19  . If the participant has not elected an optional form of distribution for the death benefit payable to the beneficiary, the beneficiary may elect the form of distribution in like manner as a participant.
The participant, beneficiary, or spouse may make an election at any time during the election period. The participant, beneficiary, or spouse may revoke the election made or make a new election at any time and any number of times during the election period as follows:
(1) A participant may make an election as to retirement benefits at any time before the retirement benefits start date; and
(2) A participant may make an election as to death benefits at any time before the death of the participant. The spouse's election period begins on the date the participant dies and ends on the date benefits begin. The beneficiary's election period begins on the date the participant dies and ends on the date benefits begin.
Source:  SL 2020, ch 13, § 30.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 14 - Expiration Of Term Of Office › Section 3-14-1 - Holding over until successor qualified.

3-14-1. Holding over until successor qualified.
Except when otherwise expressly provided, every lawful incumbent of any public office, with a definite term, upon the expiration of such term shall continue to discharge its duties until his successor shall have been elected or appointed and has qualified, and shall be entitled to receive the prescribed compensation of such office during the time he shall so discharge its duties.
Source:
RC 1919, §7035; SDC 1939, §48.0314.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 14 - Expiration Of Term Of Office › Section 3-14-2 - Public property and accounts to be delivered to successor in office.

3-14-2. Public property and accounts to be delivered to successor in office.
Every public officer elected or appointed under the laws of this state, on going out of office at the expiration of his term thereof, shall forthwith deliver, and upon his death, resignation, suspension, or removal from office, there shall be forthwith delivered to his successor in office all public money, books, records, accounts, papers, documents, and property in his possession or under his control belonging or appertaining to such office.
Source:
PolC 1877, ch 5, §14; PolC 1877, ch 22, §7; CL 1887, §§1384, 1391; RPolC 1903, §§1801, 1810; SL 1915, ch 268, §1; RC 1919, §§7016, 7038; SDC 1939, §48.0317.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 14 - Expiration Of Term Of Office › Section 3-14-3 - Refusal to surrender official seal, books, or papers as misdemeanor.

3-14-3. Refusal to surrender official seal, books, or papers as misdemeanor.
Every person who, having been an executive officer of this state, wrongfully refuses to surrender the official seal or any of the books and papers appertaining to his office, to his successor, who has been duly elected or appointed, and has duly qualified, and has demanded the surrender of the books and papers of such office, is guilty of a Class 2 misdemeanor.
Source:
PenC 1877, §112; CL 1887, §6312; RPenC 1903, §117; RC 1919, §3700; SDC 1939, §13.1104; SL 1980, ch 24, §42.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 14 - Expiration Of Term Of Office › Section 3-14-4 - Exercising functions of office after expiration of term as misdemeanor.

3-14-4. Exercising functions of office after expiration of term as misdemeanor.
Every person who, having been an executive officer, willfully exercises any of the functions of his office after his term of office has expired and a successor has been duly elected or appointed, and has qualified in his place, and he has notice thereof, is guilty of a Class 2 misdemeanor.
Source:
PenC 1877, §111; CL 1887, §6311; RPenC 1903, §116; RC 1919, §3699; SDC 1939, §13.1103; SL 1980, ch 24, §43.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 14 - Expiration Of Term Of Office › Section 3-14-5 - Definitions.

3-14-5. Definitions.
The terms "office," "officer," "executive," and "administrative," when used in §3-14-3 or 3-14-4 mean and apply to any executive or administrative officer of the state; to any county, municipality, township, or school district; and to any district, board, bureau, commission, department, or other body or office, exercising executive or administrative powers as part of the government, or any arm of the government, of the state. The terms "executive" and "administrative" apply interchangeably to any or all of said offices.
Source:
SL 1985, ch 15, §17; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 16 - Malfeasance Misfeasance And Nonfeasance In Office › Section 3-16-1 - Willful failure to perform official duty as misdemeanor.

3-16-1. Willful failure to perform official duty as misdemeanor.
Where any duty is or shall be enjoined by law upon any public officer, or upon any person holding any public trust or employment, every intentional omission to perform such duty, where no special provision shall have been made for the punishment of such delinquency, is a Class 2 misdemeanor.
Source:
PenC 1877, §216; CL 1887, §6416; RPenC 1903, §220; RC 1919, §3806; SDC 1939, §13.1301; SL 1980, ch 24, §44.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 16 - Malfeasance Misfeasance And Nonfeasance In Office › Section 3-16-2 - Keeping office or property at unauthorized place as misdemeanor.

3-16-2. Keeping office or property at unauthorized place as misdemeanor.
No state, county, township, or precinct officer in this state shall keep his office, or keep any books, papers, records, or other property belonging thereto, at any place other than that prescribed by law. Any state, county, township, or precinct officer violating this section is guilty of a Class 2 misdemeanor.
Source:
SL 1883, ch 90, §§1, 2; CL 1887, §§1401, 1402; RPolC 1903, §§1820, 1821; RC 1919, §§7022, 7023; SDC 1939, §48.9901; SL 1980, ch 24, §45.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 16 - Malfeasance Misfeasance And Nonfeasance In Office › Section 3-16-7 - Officer's interest in public contract as misdemeanor .

3-16-7. Officer's interest in public contract as misdemeanor.
No public officer who is authorized to sell or lease any property, or make any contract in the officer's official capacity may become voluntarily interested individually in any sale, lease, or contract, directly or indirectly with such entity. A violation of this section is a Class 2 misdemeanor unless the act is exempted by law.
Source:
PenC 1877, §499; CL 1887, §6700; RPenC 1903, §521; RC 1919, §3816; SDC 1939, §13.1308; SL 1980, ch 24, §46; SL 2014, ch 44, §2.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 16 - Malfeasance Misfeasance And Nonfeasance In Office › Section 3-16-8 - Self-dealing in award or terms of agency contract prohibited.

3-16-8. Self-dealing in award or terms of agency contract prohibited.
A state officer or employee may not solicit nor accept any gift, favor, reward, service, or promise of reward, including a promise of future employment, in exchange for recommending, influencing, or attempting to influence the award of or the terms of a contract by the state agency the officer or employee serves.
Source:
SL 2015, ch 30, §1.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 16 - Malfeasance Misfeasance And Nonfeasance In Office › Section 3-16-9 - Retaliation prohibited for reporting violations, abuse, or danger to public.

3-16-9. Retaliation prohibited for reporting violations, abuse, or danger to public.
No department, bureau, board, or commission of the state or any of its political subdivisions may dismiss, suspend from employment, demote, decrease the compensation of, or take any other retaliatory action against an employee because the employee reports in good faith to an appropriate authority a violation or suspected violation of a law or rule, an abuse of funds or abuse of authority, or substantial and specific danger to public health or safety, unless the report is specifically prohibited by law. The provisions of this section do not apply to any employee who knows the report is false or was made in a reckless disregard for the truth. A state employee who is the subject of retaliation under this section may file a grievance with the Civil Service Commission pursuant to §3-6D-22. For purposes of an employee of a political subdivision, an appropriate authority includes any human resources department of that political subdivision, if any, any state's attorney, or the attorney general.
Source:
SL 2017, ch 25, §1.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 16 - Malfeasance Misfeasance And Nonfeasance In Office › Section 3-16-10 - Retaliation prohibited for reporting public official's misuse of public funds.

3-16-10. Retaliation prohibited for reporting public official's misuse of public funds.
An employee may file a grievance with the appropriate governmental entity if the employee believes that there has been retaliation, because of reporting a violation of §22-30A-46 through the chain of command of the employee's department, to the Office of the Attorney General, or to the Department of Legislative Audit. If no grievance process exists, a civil action may be filed in circuit court.
Source:
SL 2017, ch 98, §3.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 17 - Removal From Office › Section 3-17-1 - Removal of constitutional state officers by Governor--Grounds--Notice and hearing.

3-17-1. Removal of constitutional state officers by Governor--Grounds--Notice and hearing.
All constitutional state officers not liable to impeachment may be removed by the Governor, after notice and hearing, for crimes, misconduct, or malfeasance in office or for drunkenness or gross incompetency.
Source:
SL 1901, ch 192, §1; RPolC 1903, §1804; RC 1919, §7009; SDC 1939, §48.0201.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 17 - Removal From Office › Section 3-17-2 - Removal of appointive state officers by Governor without cause.

3-17-2. Removal of appointive state officers by Governor without cause.
All state officers not liable to impeachment and not subject to removal by the Governor, in accordance with the provisions of §3-17-1, and appointed by the Governor with or without the advice and consent of the Senate, shall be subject to removal by the Governor without assigning cause therefor.
Source:
SL 1901, ch 192, §2; RPolC 1903, §1805; RC 1919, §7010; SDC 1939, §48.0202.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 17 - Removal From Office › Section 3-17-3 - Removal of local law enforcement officers by Governor--Grounds.

3-17-3. Removal of local law enforcement officers by Governor--Grounds.
The Governor shall have power, after notice and hearing, to remove from office any state's attorney, sheriff, or police officer, or any deputy or assistant state's attorney, or deputy sheriff who shall willfully fail, neglect, or refuse to perform any of the duties imposed upon him by, or to enforce any of the provisions of law relating to intoxicating liquors, or who shall willfully fail, neglect, or refuse to perform any duties imposed upon them by law, or who shall be guilty of intoxication or drunkenness, or who shall be guilty of the violation of any law, or who shall assist or connive in the violation of any law, or who shall be grossly incompetent to perform the duties of his office.
Source:
SL 1917, ch 281, §2; RC 1919, §7011; SL 1923, ch 248; SDC 1939, §48.0203.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 17 - Removal From Office › Section 3-17-4 - Notice and hearing on removal of law enforcement officer.

3-17-4. Notice and hearing on removal of law enforcement officer.
Proceedings for the removal of any such officer may be commenced either by the Governor on the Governor's own motion, or on written complaint of any citizen of the state, filed with the Governor. Written notice of the time and place fixed for the hearing of the complaint, together with a copy thereof, must be personally served on the officer at least ten days before the hearing.
Source: SL 1917, ch 281, §2; RC 1919, §7011; SL 1923, ch 248; SDC 1939, §48.0203; SL 2023, ch 3, §20.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 17 - Removal From Office › Section 3-17-5 - Law enforcement officer removed from office not eligible for new appointment during term--Salary payment for office as misdemeanor.

3-17-5. Law enforcement officer removed from office not eligible for new appointment during term--Salary payment for office as misdemeanor.
Any person removed under the provisions of §§3-17-3 and 3-17-4 shall be ineligible to hold any public appointive or elective office or position of the state or any political subdivision thereof, during the unexpired part of the term of office to which such person was elected or appointed, and from which he has been removed.
It is a Class 2 misdemeanor for any officer or board to allow or pay any person so removed, any salary for any public appointive or elective office or position during the period for which he shall be disqualified to hold such office or position, and any person or board who shall allow or pay any such salary contrary to the provisions of this section shall be liable to the state or political subdivision as the case may be, for the salary so paid or allowed.
Source:
SL 1917, ch 281, §2; RC 1919, §7011; SL 1923, ch. 248; SDC 1939, §48.0203; SL 1980, ch 24, §47.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 17 - Removal From Office › Section 3-17-6 - Grounds for removal of local officers from office.

3-17-6. Grounds for removal of local officers from office.
Any officer of any local unit of government may be charged, tried, and removed from office for misconduct, malfeasance, nonfeasance, crimes in office, drunkenness, gross incompetency, corruption, theft, oppression, or gross partiality.
Source:
PolC 1877, ch 22, §3; CL 1887, §1387; RPolC 1903, §1806; SL 1915, ch 268, §1; RC 1919, §7012; SL 1929, ch 214; SDC 1939, §48.0204; SL 1977, ch 57; SL 1981, ch 177, §2.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 17 - Removal From Office › Section 3-17-7 - Proceedings for removal of local officer--Pleadings and process.

3-17-7. Proceedings for removal of local officer--Pleadings and process.
The proceedings for removal shall be in the nature of a special proceeding, and shall be brought in the name of the state by the state's attorney of the county in which the officer charged resides, upon his own relation, or by the attorney general of the state upon his own relation, and must be so brought by either of such officers when so directed by the Governor. Such proceeding shall be commenced by the filing of a complaint in the office of the clerk of courts of the proper county, which complaint shall contain a brief and concise statement of the facts constituting the cause of action, without unnecessary repetition and the issuance of a summons in the form of a relief summons in civil action, which summons shall require the defendant to answer the complaint within ten days after the date of service thereof, and shall be served by the sheriff or other officer authorized to serve process, by handing to and leaving with the defendant, personally, a copy of the summons, accompanied by a copy of the complaint, and such proceeding shall be brought on for hearing and determination upon a notice of not less than five days, served upon the opposite party or his attorney, except as hereinafter provided, whereupon it shall be the duty of the judge of the circuit court to at once appoint and hold a special term thereof, at which term the issues in such proceeding shall be heard and determined by the court.
Source:
PolC 1877, ch 22, §3; CL 1887, §1387; RPolC 1903, §1806; SL 1915, ch 268, §1; RC 1919, §7012; SL 1929, ch 214; SDC 1939, §48.0204.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 17 - Removal From Office › Section 3-17-8 - Suspension of local officer pending removal proceedings.

3-17-8. Suspension of local officer pending removal proceedings.
At any time after the commencement of the proceeding under §3-17-7 the court shall, upon satisfactory showing, suspend the accused from the functions of his office until the final determination of the issues, and upon such suspension the judge shall immediately appoint some competent person to fill the office during such suspension.
Source:
PolC 1877, ch 22, §5; SL 1881, ch 123, §1; CL 1887, §1389; RPolC 1903, §1808; SL 1915, ch 268, §1; RC 1919, §7013; SDC 1939, §48.0205.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 17 - Removal From Office › Section 3-17-9 - Judgment of ouster in removal proceedings--Enforcement of judgment--Salary during period of suspension if officer vindicated.

3-17-9. Judgment of ouster in removal proceedings--Enforcement of judgment--Salary during period of suspension if officer vindicated.
The judgment thereof, if against the defendant, shall be that of immediate ouster from his office, and declaring his office to be vacant.
If the judgment in such proceeding be that of ouster, and the defendant fails or refuses to surrender his office, the circuit court shall issue all needful writs or process, directed to the proper officer, for the execution of such judgment. If the ultimate determination of the issues in the proceeding be in favor of the accused, such suspension shall not work a forfeiture of his salary during the period of such suspension.
Source:
PolC 1877, ch 22, §§3, 5; SL 1881, ch 123, §1; CL 1887, §§1387, 1389; RPolC 1903, §§1806, 1808; SL 1915, ch 268, §1; RC 1919, §§7012, 7013; SDC 1939, §§48.0204, 48.0205.