reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:33 › Chapter 61:33:01 - Burn Permits › Section 61:33:01:08 - Commercial campground use requirements

Current through Register Vol. 51, page 10, July 15, 2024
The following conditions apply to all commercial campfire permits:
(1) Campfire sites and fireplaces shall not be modified or moved to new location on the property;
(2) Campfires shall not be used when a wind advisory, high wind watch, high wind warning, fire weather watch, or red flag warning is forecasted or in effect at the campfire site;
(3) Campfires shall be monitored at all times when flames are visible; and
(4) Campfires shall be extinguished after each use.
General Authority:
SDCL  34-35-19.
Law Implemented:
SDCL  34-35-16,  34-35-17.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:33 › Chapter 61:33:01 - Burn Permits › Section 61:33:01:09 - Private campfires

Current through Register Vol. 51, page 10, July 15, 2024
The following requirements apply to private campfires:
(1) A three-foot-wide minimum ring around the fire pit, fireplace or campfire ring shall be scrapped down to bare mineral soil or consist of a concrete, gravel or sand apron;
(2) A two-foot-wide ring of vegetation clipped or mowed to less than 3 inches in height shall be maintained around the three-foot wide ring;
(3) The minimum height of the sidewalls of the fire pit, fireplace or campfire ring shall be at least 10 inches unless it is mounted on single post or is a manufactured seamless ring of 7 inches; and
(4) All overhead tree branches shall be at least 10 feet above the fire pit, fireplace or campfire ring.
General Authority:
SDCL  34-35-19.
Law Implemented:
SDCL  34-35-16,  34-35-17.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:33 › Chapter 61:33:01 - Burn Permits › Section 61:33:01:10 - Private campfire use requirements

Current through Register Vol. 51, page 10, July 15, 2024
The following conditions apply to private campfire permits;
(1) Campfire sites and fireplaces, under this permit, shall not be modified or moved to new location on the property;
(2) Campfires shall not be used under conditions of high winds at the campfire site;
(3) Campfires shall be monitored at all times when flames are visible;
(4) Wood burning portable fireplaces with screen cover and chiminea must be located on a non-combustible surface; and
(5) Campfires shall be extinguished after each use.
General Authority:
SDCL  34-35-19.
Law Implemented:
SDCL  34-35-16,  34-35-17.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:33 › Chapter 61:33:01 - Burn Permits › Section 61:33:01:11 - Slash pile burning requirements

Current through Register Vol. 51, page 10, July 15, 2024
The following requirements apply to all slash pile burning:
(1) Prior to igniting the slash pile, the permit holder shall contact the local county dispatch center;
(2) Small slash piles shall only be ignited under conditions of continuous snow cover of two inches or more surrounding the site of the slash pile;
(3) Large slash piles shall only be ignited under conditions of continuous snow cover of six inches or more surrounding the site of the slash pile;
(4) Slash piles shall not be ignited when a wind advisory, high wind watch, high wind warning, fire weather watch, or red flag warning is forecasted or in effect for the area of the slash pile burn.
(5) Permit holder must regularly check current weather and forecasted weather for high winds or warm temperatures that may melt snow cover and take appropriate action to extinguish any smoldering burn piles; and
(6) All edges around the slash pile shall be scraped and pushed in prior to leaving the burn site unattended.
General Authority:
SDCL  34-35-19.
Law Implemented:
SDCL  34-35-16,  34-35-17.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:33 › Chapter 61:33:01 - Burn Permits › Section 61:33:01:12 - Permit revocation

Current through Register Vol. 51, page 10, July 15, 2024
The Secretary may revoke a permit when:
(1) An imminent risk to public safety currently exists or may in the Secretary's discretion exist in the future if burning is continued under the original permit; or
(2) Climatic conditions or widespread wildfire activity warrants such action.
General Authority:
SDCL  34-35-19.
Law Implemented:
SDCL  34-35-16,  34-35-17.
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:01 - Retirement › Chapter 62:01:01 - Definitions › Section 62:01:01:01 - Definition of terms

Current through Register Vol. 51, page 10, July 15, 2024
Terms defined in SDCL chapters 3-12 and 3-13 A have the same meaning when used in this article. In addition, terms used in this article mean:
(1) "Disability advisory committee," a committee composed of the secretary of the Department of Human Services or a designee, a lawyer, and a physician, the latter two members both appointed by the executive director;
(2) "Represented group," a group entitled to elect one or more trustees pursuant to SDCL  3-12C-203 and  3-12C-204. The group to which a member belongs is determined from the records of the system;
(3) "Employment," for purposes of SDCL  3-12C-809, includes engagement of services by an employer who is not a participating unit and self-employment;
(4) "Class B public safety member," an individual who is a Class B member other than a justice, judge, or magistrate judge.
General Authority:
SDCL  3-12C-211.
Law Implemented:
SDCL 1 3-12C-101, 3-12C-204, 3-12C-801, 3-12C-803.
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:01 - Retirement › Chapter 62:01:01 - Definitions › Section 62:01:01:02 - Termination of marriage

Current through Register Vol. 51, page 10, July 15, 2024
For purposes of SDCL  3-12C-1001, termination of marriage shall occur upon the issuance by a court of a decree of divorce or annulment.
General Authority:
SDCL  3-12C-211,  3-12C-1001.
Law Implemented:
SDCL  3-12C-1001.
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:01 - Retirement › Chapter 62:01:01 - Definitions › Section 62:01:01:03 - Care of children

Current through Register Vol. 51, page 10, July 15, 2024
For purposes of SDCL  3-12C-901, care of children is the responsibility for the maintenance, education, and supervision of one or more children.
General Authority:
SDCL  3-12C-211.
Law Implemented:
SDCL  3-12C-901.
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:01 - Retirement › Chapter 62:01:01 - Definitions › Section 62:01:01:04 - Internal Revenue Code

Current through Register Vol. 51, page 10, July 15, 2024
The term, Internal Revenue Code, and the term, code, mean the Internal Revenue Code as in effect on July 1, 2014.
General Authority:
SDCL  3-12-47(41A).
Law Implemented:
SDCL  3-12-47(41A).
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:01 - Retirement › Chapter 62:01:02 - Contributions › Section 62:01:02:01 - Determination of Class A or Class B member

Current through Register Vol. 51, page 10, July 15, 2024
A member is a Class A member until proof is supplied to the executive director that a member is a Class B member. The executive director shall change the records when a change of duties requires a change of class.
General Authority:
SDCL  3-12C-202,  3-12C-211.
Law Implemented:
SDCL  3-12C-401,  3-12C-1106,  3-12C-1107.
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:01 - Retirement › Chapter 62:01:02 - Contributions › Section 62:01:02:04 - Permanent full-time employee - Probationary period

Current through Register Vol. 51, page 10, July 15, 2024
An employee is a permanent full-time employee if the position held by that employee is classified as a peraianent position and the person holding it is required to work 20 or more hours a week and at least 6 months a year. A probationary employee holding such a position is a permanent full-time employee.
General Authority:
SDCL  3-12C-211.
Law Implemented:
SDCL  3-12C-101,  3-12C-401.
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:01 - Retirement › Chapter 62:01:02 - Contributions › Section 62:01:02:06 - Refund of active contributions made during period of disability - Granted credited service

Current through Register Vol. 51, page 10, July 15, 2024
If a disabled member receiving credited service pursuant to SDCL  3-12C-808 and §
									62:01:04:05.01 becomes employed by a member employer unit, the member and employer shall make active contributions during the period of such employment pursuant to SDCL  3-12C-401. Upon the member's conversion of disabled status to retired status, upon the member's termination of disabled status or upon the member's termination of employment, whichever occurs first, the member may request a refund of the member's accumulated contributions made during that period when the member also was receiving credited service due to the disability. The provisions of this section apply to any member whose application for disability benefits is received by the system prior to July 1, 2015.
General Authority:
SDCL  3-12C-211.
Law Implemented:
SDCL  3-12C-104,  3-12C-808.
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:01 - Retirement › Chapter 62:01:02 - Contributions › Section 62:01:02:07 - Leave of absence without pay during service purchase agreement Exception for leave of absence for military service

Current through Register Vol. 51, page 10, July 15, 2024
If a member is purchasing credited service pursuant to SDCL  3-12C-508 and the member takes a leave of absence authorized by the member's employer for a period of less than one year, the member's irrevocable agreement shall continue upon the member's return to active employment as though the member had not taken a leave of absence. The completion date of the agreement shall be modified accordingly, but the payment amounts and all other terms of the agreement shall remain the same.
If a member is purchasing credited service pursuant to SDCL  3-12C-508 and the member takes a leave of absence authorized by the member's employer for purposes other than military service for a period of one year or greater, the member's irrevocable agreement shall terminate and the member shall receive credited service in proportion to the amount the member paid toward the total agreement amount prior to the leave of absence.
If a member is purchasing credited service pursuant to SDCL  3-12C-508 and the member takes a leave of absence authorized by the member's employer for purposes of military service for a period of time one year or greater, the member's irrevocable agreement shall continue upon the member's return to active employment as though the member had not taken leave of absence. The completion date of the agreement shall be modified accordingly, but the payment amounts and all other terms of the agreement shall remain the same.
General Authority:
SDCL  3-12C-211.
Law Implemented:
SDCL  3-12C-508.
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:01 - Retirement › Chapter 62:01:02 - Contributions › Section 62:01:02:08 - Active membership defined by period of contributions - Quarter of service based on contribution

Current through Register Vol. 51, page 10, July 15, 2024
The beginning of a member's period of active membership in the system is established by the date of the employer contribution report to the system that includes the member's initial employee and employer contributions. A member's active membership is terminated when the system receives notice of termination from an employer, accompanied by the member's final employee and employer contributions. If the system receives any employee and matching employer contributions on behalf of a member during a calendar quarter, the member shall be credited with a full calendar quarter of contributory service toward calculating the member's benefits or determining the member's eligibility for benefits, but not for determining whether a member's death was active status or inactive status.
General Authority:
SDCL  3-12C-211.
Law Implemented:
SDCL  3-12C-401,  3-12C-403,  3-12C-405.
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:01 - Retirement › Chapter 62:01:02 - Contributions › Section 62:01:02:09 - Contribution reports - Date - Transmittal

Current through Register Vol. 51, page 10, July 15, 2024
If a participating unit has one or more than one pay date in a month, the participating unit shall prepare at least one contribution report per month. However, if a participating unit has no pay date for participating employees in a particular month, no report is required for that month. Each contribution report shall be dated no later than the last day of its month. The report shall include any pay date and associated contributions for that month. The contribution report and associated contributions shall be transmitted to the system as outlined in SDCL  3-12C-403.
General Authority:
SDCL  3-12C-211.
Law Implemented:
SDCL  3-12C-401,  3-12C-403,  3-12C-405.
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:01 - Retirement › Chapter 62:01:02 - Contributions › Section 62:01:02:10 - Preparation and expiration of a contract to purchase credited service

Current through Register Vol. 51, page 10, July 15, 2024
If a member chooses to purchase credited service pursuant to SDCL  3-12C-504,  3-12C-509, or  3-12C-511, system staff shall prepare a contract for the purchase and shall mail the contract to the member for the member's signature. The contract shall include provisions outlining the amount of credited service to be purchased, the duration of the contract, the total cost of the purchase, and the number and amount and timeliness of payments. If the member does not sign, date, and return the contract to the system within 45 days from the date it is mailed, the contract expires.
General Authority:
SDCL  3-12C-211.
Law Implemented:
SDCL  3-12C-504,  3-12C-509,  3-12C-511.
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:01 - Retirement › Chapter 62:01:03 - Retirement benefit › Section 62:01:03:02 - Determination of eligibility for retirement benefit

Current through Register Vol. 51, page 10, July 15, 2024
Upon receipt of an application for a retirement benefit, the executive director shall determine whether or not the applicant is eligible for the benefit.
General Authority:
SDCL  3-12C-211.
Law Implemented:
SDCL  3-12C-212. 3-12C-1106, 3-12C-1107, 3-12C-1113.
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:01 - Retirement › Chapter 62:01:03 - Retirement benefit › Section 62:01:03:02.01 - Certification when retired member becomes reemployed - Penalty

Current through Register Vol. 51, page 10, July 15, 2024
If a retired member becomes reemployed by the same employer unit the member retired from within one year after the member's retirement, the system may require both the member and the employer unit to certify that:
(1) The member's termination was a complete severance of employment and the member has been separated from service for three consecutive calendar months as outlined in SDCL 3-13-C-1401;
(2) All standard hiring and employment procedures of the employer unit were followed in the reemployment process; and
(3) No prior agreement to reemploy the member, either overt or covert, existed between the member and the employer unit or any officer of the employer unit.
An employer unit's chief executive officer or the officer's agent or the chair of the employer's governing commission or board shall provide the certification on behalf of the employer unit. The system shall provide forms for the member's and the employer unit's certifications. An intentionally false certification provides grounds for legal recourse pursuant to SDCL  22-29-9.1.
General Authority:
SDCL  3-12C-211.
Law Implemented:
SDCL  3-12C-101,  3-12C-1401,  22-29-9.1.
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:01 - Retirement › Chapter 62:01:03 - Retirement benefit › Section 62:01:03:04 - Independent status of the surviving spouse benefit if the member was retired or of retirement age

Current through Register Vol. 51, page 10, July 15, 2024
The benefit to a surviving spouse upon the death of a member who had retired or reached normal retirement age is an independent benefit belonging to the surviving spouse for the purpose of administering an existing qualified domestic relations order.
General Authority:
SDCL  3-12C-211.
Law Implemented:
SDCL  3-12C-216,  3-12C-906,  3-12C-1114,  3-12C-1213,  3-12C-1214.
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:01 - Retirement › Chapter 62:01:03 - Retirement benefit › Section 62:01:03:05 - Privatized member's acquisition of certain service credit - Retirement while continuing to work for a private employer

Current through Register Vol. 51, page 10, July 15, 2024
Acquisition of years of service toward vesting or early retirement granted pursuant to SDCL  3-12C-310 ceases upon the member's termination of employment with the private employer, even if the member later returns to employment with that employer. A member in continuing employment with the private employer need not terminate the private employment in order to receive a retirement benefit from the system. However, the member may not acquire additional years of service after the member begins receiving the benefit.
General Authority:
SDCL  3-12C-211.
Law Implemented:
SDCL  3-12C-310.
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:01 - Retirement › Chapter 62:01:04 - Disability benefit › Section 62:01:04:00 - Application of chapter

Current through Register Vol. 51, page 10, July 15, 2024
The provisions of this chapter apply to any member whose application for disability benefits was received by the system prior to July 1, 2015.
General Authority:
SL 2014, ch 20, §35.
Law Implemented:
SL 2014, ch 20, §35.
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:01 - Retirement › Chapter 62:01:04 - Disability benefit › Section 62:01:04:02 - Disability - Beginning of benefits

Current through Register Vol. 51, page 10, July 15, 2024
A member whose application for a disability benefit is approved shall receive the benefit beginning on the first day of the month following the date on which the member's contributory service terminates. If any member fails to terminate contributory service within one year after receiving notice that the members application has been approved, the member's application approval expires.
General Authority:
SDCL  3-12C-211,  3-12C-801.
Law Implemented:
SDCL  3-12C-803.
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:01 - Retirement › Chapter 62:01:04 - Disability benefit › Section 62:01:04:03 - Disability determination - Disability advisory committee - Medical examination

Current through Register Vol. 51, page 10, July 15, 2024
Upon receipt of an application for a disability benefit, with supporting medical evidence, the executive director shall determine whether the applicant is eligible for a disability benefit. The executive director may request the advice of the disability advisory committee with respect to any application. The recommendation of the disability advisory committee is not binding on the executive director. The disability advisory committee or the executive director may require an independent medical examination of an applicant to be conducted by a licensed, disinterested physician selected by the disability advisory committee or the executive director to evaluate the applicant's condition. The disability advisory committee or the executive director may require a functional capacity assessment of the applicant to be conducted by a licensed professional qualified to administer such assessments, and the assessment may be used to evaluate the applicant's qualification for benefits. If the executive director determines that the member is not disabled, a notice of the executive director's determination and the reasons for it shall be sent by certified mail to the applicant's last known address.
General Authority:
SDCL  3-12C-211.
Law Implemented:
SDCL  3-12C-801,  3-12C-803.
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:01 - Retirement › Chapter 62:01:04 - Disability benefit › Section 62:01:04:05.01 - Termination of disability benefit - Credited service

Current through Register Vol. 51, page 10, July 15, 2024
If a member receiving a disability benefit ceases to be disabled, elects to convert to a retirement benefit, or is converted to a retirement benefit pursuant to SDCL  3-12C-808, the disability benefit shall terminate. The member shall receive credited service for the period during which the member receives a disability benefit, but, except as provided in SDCL  3-12C-808, not beyond the member's normal retirement age.
General Authority:
SDCL  3-12C-211.
Law Implemented:
SDCL  3-12C-803,  3-12C-808.
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:01 - Retirement › Chapter 62:01:04 - Disability benefit › Section 62:01:04:05.02 - Credited service as employee while disabled

Current through Register Vol. 51, page 10, July 15, 2024
No member who is receiving a disability benefit and who simultaneously is making contributions to the system may receive more than one year of credited service in any actual year. If the member was contributing for Class B credited service immediately before approval of a disability benefit and then is contributing to the system for Class A credited service while on disability, the member shall be credited with Class B credited service through the member's Class B normal retirement age and Class A credited service for any period that contributions are made after Class B normal retirement age.
General Authority:
SDCL  3-12C-211.
Law Implemented:
SDCL  3-12C-803,  3-12C-808.
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:01 - Retirement › Chapter 62:01:04 - Disability benefit › Section 62:01:04:06 - Medical examination of member receiving disability benefit - Refusal

Current through Register Vol. 51, page 10, July 15, 2024
The executive director may require a member receiving a disability benefit to undergo a medical examination at any time at the expense of the system. If the member refuses to submit to a medical examination within 30 days of receipt of written notice from the executive director, the one-year period outlined in SDCL  3-12C-809 begins to run and continues until the member withdraws the refusal. If the refusal continues for one year, the member forfeits all rights to the disability benefit. If the member agrees to submit to a medical examination, upon completion of the examination by a physician selected by the executive director, the physician shall provide to the executive director a complete report on the condition of the member. If the executive director finds that the member is no longer disabled, the executive director shall notify the member by certified mail and the payment of the disability benefit shall terminate pursuant to SDCL  3-12-103.1. A finding by the executive director is subject to appeal and review as a contested case.
General Authority:
SDCL  3-12C-211.
Law Implemented:
SDCL  3-12C-801,  3-12C-803,  3-12C-809.
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:01 - Retirement › Chapter 62:01:04 - Disability benefit › Section 62:01:04:07 - Participating unit - Filing upon return to service

Current through Register Vol. 51, page 10, July 15, 2024
A participating unit employing a member who is receiving a disability benefit shall file notice with the system designating the date the member returns to work.
General Authority:
SDCL  3-12C-211,  3-12C-801.
Law Implemented:
SDCL  3-12C-801,  3-12C-803.
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:01 - Retirement › Chapter 62:01:04 - Disability benefit › Section 62:01:04:09 - Criteria for determining disability if contributory service ended before July 1,1995 - Position of comparable level

Current through Register Vol. 51, page 10, July 15, 2024
An applicant whose contributory service ends prior to July 1, 1995, shall be granted a disability benefit only if the applicant establishes by a preponderance of evidence:
(1) The applicant has a mental or physical impairment which has been diagnosed by a licensed physician;
(2) At the time of termination of the applicant's employment, the impairment was of sufficient severity to prevent the applicant from continuing to perform usual duties for the applicant's employer;
(3) At the time of termination of the applicant's employment, the impairment was of sufficient severity to prevent the applicant from performing the duties of a position of comparable level for which the applicant is qualified by education, training, and experience; and
(4) At the time of termination of the applicant's employment, the disability was expected to last at least one year.
Evidence that the applicant could actually secure a position of comparable level or that such a position is actually available is not required to support a finding that an applicant is capable of performing the duties of such a position.
General Authority:
SDCL  3-12C-211,  3-12C-801.
Law Implemented:
SDCL  3-12C-101,  3-12C-801,  3-12C-804.
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:01 - Retirement › Chapter 62:01:04 - Disability benefit › Section 62:01:04:09.01 - Criteria for determining disability if contributory service ended after July 1,1995 - Certification by employer

Current through Register Vol. 51, page 10, July 15, 2024
An applicant whose contributory service ends on or after July 1, 1995, shall be granted a disability benefit only if the applicant establishes subdivisions (1), (2), and (4), below, by a preponderance of evidence, and provides subdivision (3), below:
(1) The applicant has a mental or physical impairaient which has been diagnosed by a licensed physician;
(2) At the time of termination of the applicant's employment, the impairment was of sufficient severity to prevent the applicant from continuing to perform usual duties for the applicant's employer;
(3) At the time of termination of the applicant's employment, the impairment was of sufficient severity to prevent the applicant from performing the usual duties of the applicant's position, the usual duties of the applicant's position with accommodations by the employer, or the usual duties of a position of comparable level with the applicant's employer, all as so certified by the employer; and
(4) At the time of termination of the applicant's employment, the disability was expected to last at least one year.
In providing certification pursuant to subdivision (3), above, an employer shall consider the applicant's education, experience, training, work history, impairment, location of residence, and compensation and benefits in relation to positions of possible comparable level.
General Authority:
SDCL  3-12C-211,  3-12C-801.
Law Implemented:
SDCL  3-12C-101,  3-12C-801,  3-12C-803,  3-12C-804.
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:01 - Retirement › Chapter 62:01:04 - Disability benefit › Section 62:01:04:10 - Member receiving a disability benefit if service ended before July 1,1994

Current through Register Vol. 51, page 10, July 15, 2024
For purposes of this chapter, a member is considered to be receiving a disability benefit if the applicant's application for the benefit has been approved, whether SDCL  3-12C-807 prevents the member from receiving any payment from the system. The provisions of this section apply only if the member's contributory service ended before July 1, 1994.
General Authority:
SDCL  3-12C-211.
Law Implemented:
SDCL  3-12C-807.
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:01 - Retirement › Chapter 62:01:04 - Disability benefit › Section 62:01:04:13 - Income to be included in earned income

Current through Register Vol. 51, page 10, July 15, 2024
For purposes of including earned income in calculations under SDCL  3-12C-810, a disabled member's earned income includes the member's wages, salaries, tips, or other compensation received by performing personal services for an employer, and includes the net earnings from self-employment in a business that the member owns. Earned income does not include payments from disability insurance coverage obtained by either the member or the member's employer.
General Authority:
SDCL  3-12C-211.
Law Implemented:
SDCL  3-12C-810.
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:01 - Retirement › Chapter 62:01:05 - Election of board of trustees › Section 62:01:05:01 - Election of trustees

Current through Register Vol. 51, page 10, July 15, 2024
The board shall hold an election of trustees annually. The executive director may designate a third party to conduct the election. Any designated third party shall keep all information it obtains from any source confidential, and any employee, agent, or representative of that third party is prohibited from disclosing that information to anyone other than the executive director.
The ballots for the election are due on May 25. Each represented group that has a trustee whose term expires June 30 is entitled to elect a trustee. The board shall announce the results of the election each year at its first meeting following the ballot due date.
For the purposes of this chapter, the term, ballot, is a printed or electronic method of voting.
General Authority:
SDCL  3-12C-211.
Law Implemented:
SDCL  3-12C-204.
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:01 - Retirement › Chapter 62:01:05 - Election of board of trustees › Section 62:01:05:01.01

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  3-12-58.
Law Implemented:
SDCL  3-12-49.
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:01 - Retirement › Chapter 62:01:05 - Election of board of trustees › Section 62:01:05:01.02 - Voting by employers

Current through Register Vol. 51, page 10, July 15, 2024
Each employer whose represented group is entitled to elect a trustee is entitled to one vote.
General Authority:
SDCL  3-12C-211.
Law Implemented:
SDCL  3-12C-204.
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:01 - Retirement › Chapter 62:01:05 - Election of board of trustees › Section 62:01:05:01.03 - Official election listing - Voting by members

Current through Register Vol. 51, page 10, July 15, 2024
The board shall compile an official election listing of active, inactive vested, and retired members of the system by classification of employment as of April 13 or the last working day preceding April 13 each year. The official election listing may be modified after April 13 only if a member has been erroneously misclassified. Each member on record is entitled to one vote in that year's election for a candidate running in the member's classification of employment. A member who belongs to more than one classification of employment may vote only for the candidate in the classification for which the member is listed on the official election listing.
General Authority:
SDCL  3-12C-211.
Law Implemented:
SDCL  3-12C-204.
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:01 - Retirement › Chapter 62:01:05 - Election of board of trustees › Section 62:01:05:01.04 - Candidate restricted by official election listing

Current through Register Vol. 51, page 10, July 15, 2024
A candidate seeking election to the board to serve on behalf of a represented group shall be a current member of that group. If the candidate is seeking to serve on behalf of an employee represented group, the candidate's current status within the group must be confirmed under the official election listing compiled pursuant to §
									62:01:05:01.03.
General Authority:
SDCL  3-12C-211.
Law Implemented:
SDCL  3-12C-204.
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:01 - Retirement › Chapter 62:01:05 - Election of board of trustees › Section 62:01:05:01.05 - Candidate from two represented groups

Current through Register Vol. 51, page 10, July 15, 2024
A candidate seeking election to the board who simultaneously is both retired and a member of another employee represented group shall be deemed a retiree for purposes of §§
									62:01:05:01.03 and 62:01:05:01.04.
General Authority:
SDCL  3-12C-211.
Law Implemented:
SDCL  3-12C-204.
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:01 - Retirement › Chapter 62:01:05 - Election of board of trustees › Section 62:01:05:02 - Notice of election and nominating petition

Current through Register Vol. 51, page 10, July 15, 2024
A notice of election shall be provided no later than January 15 to at least one authorized agent of any employer having employees entitled to vote in the election and to all retirees entitled to vote in the election. Nominating petitions shall be provided to all such authorized agents no later than January 15.
General Authority:
SDCL  3-12C-211.
Law Implemented:
SDCL  3-12C-204.
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:01 - Retirement › Chapter 62:01:05 - Election of board of trustees › Section 62:01:05:03 - Procedure for nomination - Filing of member petition

Current through Register Vol. 51, page 10, July 15, 2024
A justice, judge, or magistrate judge who is a candidate for nomination for trustee shall file one or more petitions containing, in all, at least five valid signatures of members of the candidate's represented member group. Each other member candidate for nomination for trustee shall file one or more petitions containing, in all, at least 20 valid signatures of members of the candidate's represented group. In addition to the required signatures, each petition shall contain the name, address, and a declaration of candidacy signed by the candidate. Each nominating petition must be in the possession of the office of the executive director by 5:00 p.m. Central Time on February 23.
General Authority:
SDCL  3-12C-211.
Law Implemented:
SDCL  3-12C-204.
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:01 - Retirement › Chapter 62:01:05 - Election of board of trustees › Section 62:01:05:03.01 - Procedure for nomination - Filing of employer petition

Current through Register Vol. 51, page 10, July 15, 2024
Each employer candidate for nomination for trustee shall file one or more petitions containing, in all, at least 20 valid signatures of members of the candidate's represented group. In addition to the required signatures, each petition shall contain the name, address, and represented employer group of the candidate and a declaration of candidacy signed by the candidate. Each nominating petition must be in the possession of the office of the executive director by 5:00 p.m. Central Time on February 23.
General Authority:
SDCL  3-12C-211.
Law Implemented:
SDCL  3-12C-204.
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:01 - Retirement › Chapter 62:01:05 - Election of board of trustees › Section 62:01:05:05 - Validity of nominating petition

Current through Register Vol. 51, page 10, July 15, 2024
The board of trustees, a committee of board members, or system staff appointed by the chair shall determine the validity of each nominating petition.
General Authority:
SDCL  3-12C-211.
Law Implemented:
SDCL  3-12C-204.
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:01 - Retirement › Chapter 62:01:05 - Election of board of trustees › Section 62:01:05:05.01 - Special election newsletter - Circulation - Candidate biographies

Current through Register Vol. 51, page 10, July 15, 2024
Each year the system's staff shall prepare a special election edition of the newsletter. The special edition shall be provided to each employer unit or each member of a represented group whose representative position on the board is subject to election that year, even if there is only a single candidate for election to the position. Each candidate, even if unopposed and even if the candidate is an incumbent, shall provide to the system a recent photograph and a biography for inclusion in the special edition. The biography shall contain 200 words or less. The biography shall include general background information and may include the candidate's position on any particular system issue if the candidate so chooses. However, a biography may not make reference to another candidate, either by name or indirectly, and may not make reference to another candidate's or trustee's position on any system issue. The board or any person designated by the board shall review each biography. If, upon review, a biography is determined to be out of compliance with the provisions of this section, the board or person reviewing the biography shall communicate with the candidate to prepare a biography that is in compliance with this section. If a candidate refuses to provide a biography that is in compliance, no biography may be printed.
General Authority:
SDCL  3-12C-211.
Law Implemented:
SDCL  3-12C-204.
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:01 - Retirement › Chapter 62:01:05 - Election of board of trustees › Section 62:01:05:06 - Preparation of ballots

Current through Register Vol. 51, page 10, July 15, 2024
Separate ballots shall be prepared for each represented group entitled to vote in the election. Each ballot shall contain the appropriate designation of the, represented group and the names, in alphabetical order, and the municipality associated with the address of each candidate. No ballot may be prepared if less than two candidates have filed valid nominating petitions to represent a represented group.
General Authority:
SDCL  3-12C-211.
Law Implemented:
SDCL  3-12C-204.
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:01 - Retirement › Chapter 62:01:05 - Election of board of trustees › Section 62:01:05:07 - Mailing of ballots

Current through Register Vol. 51, page 10, July 15, 2024
Before May 1 the applicable ballot shall be sent, by postal mail or electronically, to each member entitled to vote in the election and to each employer entitled to vote in the election.
General Authority:
SDCL  3-12C-211.
Law Implemented:
SDCL  3-12C-204.
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:01 - Retirement › Chapter 62:01:05 - Election of board of trustees › Section 62:01:05:08 - Validity of ballot

Current through Register Vol. 51, page 10, July 15, 2024
To be valid, a ballot must be in the possession of the office of the executive director or, if the election is being conducted by a third party, in the possession of the third party, by 5:00 p.m. Central Time on May 25. A printed ballot may be returned enclosed in an envelope.
General Authority:
SDCL  3-12C-211.
Law Implemented:
SDCL  3-12C-204.
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:01 - Retirement › Chapter 62:01:05 - Election of board of trustees › Section 62:01:05:09

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  3-12-58.
Law Implemented:
SDCL  3-12-49.
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:01 - Retirement › Chapter 62:01:05 - Election of board of trustees › Section 62:01:05:09.01 - No write-in candidates

Current through Register Vol. 51, page 10, July 15, 2024
No write-in candidates may be recognized.
General Authority:
3-12C-211.
Law Implemented:
3-12C-204.
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:01 - Retirement › Chapter 62:01:05 - Election of board of trustees › Section 62:01:05:10 - Issuance of new ballot

Current through Register Vol. 51, page 10, July 15, 2024
A replacement ballot may only be issued to a voter upon receipt of an affidavit from the member or employer eligible to vote that certifies that an original ballot was not received or the original ballot was lost or misplaced.
General Authority:
SDCL  3-12C-211.
Law Implemented:
SDCL  3-12C-204.
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:01 - Retirement › Chapter 62:01:05 - Election of board of trustees › Section 62:01:05:12 - Counting of ballots - Void ballots

Current through Register Vol. 51, page 10, July 15, 2024
All ballots shall be counted no later than the final business day in May. For each vacancy to be filled, the candidate receiving the highest number of votes is elected.
Any ballot from which it is impossible to determine the voter's choice is void and may not be counted. However, if the voter's mark on a ballot is sufficiently plain to determine the voter's intention, the vote shall be counted. This section shall be construed liberally to assure that each vote is counted. Any void ballot shall be maintained separately from the other ballots.
General Authority:
SDCL  3-12C-211.
Law Implemented:
SDCL  3-12C-204.
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:01 - Retirement › Chapter 62:01:05 - Election of board of trustees › Section 62:01:05:13 - Results of election

Current through Register Vol. 51, page 10, July 15, 2024
The board shall certify the results of the election at the first board meeting after ballot counting pursuant to §
									62:01:05:12  is completed. However, the executive director shall notify all the candidates and the members of the board of the tentative election results within three business days after the ballot counting is completed. No person may disclose the tentative election results to the public until after the board certifies the results. If no election is required, the board shall declare the nominee elected.
General Authority:
SDCL  3-12C-211.
Law Implemented:
SDCL  3-12C-204.
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:01 - Retirement › Chapter 62:01:05 - Election of board of trustees › Section 62:01:05:14 - Contest of election

Current through Register Vol. 51, page 10, July 15, 2024
An election is considered valid unless a notice of contest is filed with the executive director within 15 days after the election results are announced. If a notice of contest is filed, the board shall hold a hearing pursuant to SDCL chapter 1-26 to determine the validity of the election.
General Authority:
SDCL  3-12C-211.
Law Implemented:
SDCL  3-12C-204.
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:01 - Retirement › Chapter 62:01:05 - Election of board of trustees › Section 62:01:05:15 - Storage of ballots

Current through Register Vol. 51, page 10, July 15, 2024
Any ballots received shall be kept secure before the ballots are counted. The printed ballots or electronic ballot results, or both, shall be kept for at least 45 days after the election results are announced or until a contest is finally decided.
General Authority:
SDCL  3-12C-211.
Law Implemented:
SDCL  3-12C-204.
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:01 - Retirement › Chapter 62:01:05 - Election of board of trustees › Section 62:01:05:17 - Procedure when designated day falls on weekend or holiday

Current through Register Vol. 51, page 10, July 15, 2024
Except as otherwise specified, if the date designated for any action under this chapter falls on a Saturday, Sunday, or legal holiday, the action may be taken on the next business day.
General Authority:
SDCL  3-12C-211.
Law Implemented:
SDCL  3-12C-204.
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:01 - Retirement › Chapter 62:01:06 - Appeals › Section 62:01:06:04 - Use of teleconference for administrative appeals authorized

Current through Register Vol. 51, page 10, July 15, 2024
Any administrative appeal pursuant to this chapter may be conducted by teleconference.
General Authority:
SDCL  3-12C-211.
Law Implemented:
SDCL  1-25-1,  3-12C-213.
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:01 - Retirement › Chapter 62:01:06 - Appeals › Section 62:01:06:05 - Finality of decision if the executive director does not act - Time limit

Current through Register Vol. 51, page 10, July 15, 2024
If the executive director does not accept, reject, or modify the hearing examiner's proposed findings of fact, conclusions of law, and decision within 30 days after receiving them, the proposals become the final agency decision unless a party to the proceedings files a petition requesting formal administrative agency review of the proposals.
General Authority:
SDCL  3-12C-211.
Law Implemented:
SDCL  1-26D-7,  3-12C-213.
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:01 - Retirement › Chapter 62:01:06 - Appeals › Section 62:01:06:06 - Written rationale for rejection or modification of a decision or findings - Time limit

Current through Register Vol. 51, page 10, July 15, 2024
If the executive director rejects or modifies the hearing examiner's proposed findings of fact, conclusions of law, or decision, the executive director shall state the rationale for the rejection or modification in writing within 30 days and shall date the written document and provide it to the interested parties.
General Authority:
SDCL  3-12C-211.
Law Implemented:
SDCL  1-26D-8,  3-12C-213.
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:01 - Retirement › Chapter 62:01:06 - Appeals › Section 62:01:06:07 - Declaratory rulings - Time limit - Hearing examiners

Current through Register Vol. 51, page 10, July 15, 2024
A petition for a declaratory ruling pursuant to SDCL  1-26-15 shall be heard in accordance with the procedures in SDCL chapter 1-26. The petition shall be filed within 30 days of the event giving rise to the petition. The executive director may utilize the services of a hearing examiner to hear the arguments of interested parties and to issue a recommended ruling to the executive director.
General Authority:
SDCL  3-12C-211.
Law Implemented:
SDCL  1-26-15,  3-12C-213.
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:01 - Retirement › Chapter 62:01:07 - Administration › Section 62:01:07:01 - Secretary to board - Filing

Current through Register Vol. 51, page 10, July 15, 2024
The executive director shall act as secretary to the board. Any document required to be filed with the board shall be filed with the executive director.
General Authority:
SDCL  3-12C-211.
Law Implemented:
SDCL  3-12C-209.
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:01 - Retirement › Chapter 62:01:07 - Administration › Section 62:01:07:02 - Inspection and correction of files

Current through Register Vol. 51, page 10, July 15, 2024
A member of the system, upon request, may inspect, during regular business hours, any file directly relating to the member. The member may request correction of any alleged errors in the file.
General Authority:
SDCL  3-12C-211.
Law Implemented:
SDCL  3-12C-405.