reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:14 - APPRAISERS › Chapter 20:14:14 - Evaluation Exmptions and Standards › Section 20:14:14:06 - Record keeping requirement when performing an evaluation

Current through Register Vol. 51, page 10, July 15, 2024
An appraiser performing an evaluation must prepare a
				  workfile for each evaluation assignment that includes the following:
(1) Name of the client;
(2) True copies of all written evaluation
				reports, documented on any type of media; and
(3) All other data, information, and
				documentation necessary to support the appraisers evaluation opinions and
				conclusions.
The evaluation workfile must be retained by the appraiser for
				  five years. The five-year period for retention of the records is applicable to
				  each assignment and begins on the date of the submittal of the evaluation to
				  the client. However, if, within the five-year period, the appraiser is notified
				  that the evaluation is involved in an investigation, litigation, or state or
				  federal review, the five-year period for the retention of the records begins on
				  the date of the final disposition of that investigation, litigation, or state
				  or federal review.
General Authority:
SDCL
					 36-21B-3(20).
Law Implemented:
SDCL
					 36-21B-3(15)(20).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:14 - APPRAISERS › Chapter 20:14:15 - APPRAISER EXPERIENCE TRAINING PROGRAM › Section 20:14:15:01 - Eligibility requirements

Current through Register Vol. 51, page 10, July 15, 2024
To be eligible to enroll in the appraiser experience training
				  program the candidate must:
(1)
				Possess a registered trainee appraiser credential, in good standing, which
				includes completing the educational requirements specified in §
									20:14:05:06.01 and completing the
				education program course, including the course examination, for registered
				trainee appraisers specified in §
									20:14:05:06.02; and
(2) Prior to enrollment, successfully
				complete the following hours of approved appraiser training based upon the
				credential being sought:
(a) For candidates
				seeking the state-licensed or state-certified residential appraiser credential,
				the candidate must complete 60 hours of approved residential appraiser
				education in the areas of:
(i) Residential
				market analysis and highest and best use - 15 hours;
(ii) Residential appraiser site valuation and
				cost approach - 15 hours; and
(iii)
				Residential sales comparison and income approaches - 30
				hours.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:14 - APPRAISERS › Chapter 20:14:15 - APPRAISER EXPERIENCE TRAINING PROGRAM › Section 20:14:15:02 - Experience training program application

Current through Register Vol. 51, page 10, July 15, 2024
A candidate for the experience training program shall apply
				  in writing on a form provided by the department or institution administering
				  the program. The application must require the following candidate
				  information:
(1) Name;
(2) Current business or home address, or
				both;
(3) Email address and
				telephone number;
(4) Driver's
				license number and state of issuance;
(5) Appraiser education completed;
(6) Type of appraiser credential
				pursued;
(7) Area of the state in
				which candidate intends to practice real estate appraisal;
(8) College-level education completed, if
				any; and
(9) A sworn declaration
				signed by the candidate.
General Authority:
SDCL
					 36-21B-3(6)(21).
Law Implemented:
SDCL
					 36-21B-1,
					 36-21B-3(6)(21).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:14 - APPRAISERS › Chapter 20:14:15 - APPRAISER EXPERIENCE TRAINING PROGRAM › Section 20:14:15:03 - Ranking system for candidate selection

Current through Register Vol. 51, page 10, July 15, 2024
The program administrator shall review candidates for the
				  experience training program according to the following point system:
(1) Resides in and intends to establish and
				maintain a real estate appraisal practice in a South Dakota county with a
				population of 10,000 or less, 35 points;
(2) Currently holds a registered trainee
				appraisal credential, 20 points;
(3) Has completed the applicable education
				prescribed in §
									20:14:15:01, 15 points;
(4) Understands the requirements, including
				tuition and travel, and commits in writing to completing the program, 10
				points;
(5) Holds a Bachelor's
				degree required for the state-certified general appraiser credential or has the
				college-level education required for the state-certified residential appraiser
				credential, as applicable for the desired appraiser credential, [Note: If the
				candidate desires a state-licensed appraiser credential, college-level
				education is not required. The candidate will receive the allocated points in
				this category.] 10 points; and
(6)
				Possesses the required technology and equipment, 10 points.
The administrator shall select candidates with the highest
				  point score for the program.
General Authority:
SDCL
					 36-21B-3(6)(21).
Law Implemented:
SDCL
					 36-21B-1,
					 36-21B-3(6)(21).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:14 - APPRAISERS › Chapter 20:14:15 - APPRAISER EXPERIENCE TRAINING PROGRAM › Section 20:14:15:04 - Requirements to complete the experience portion of the program

Current through Register Vol. 51, page 10, July 15, 2024
A candidate for the experience training program must
				  complete the experience required for each credential level as agreed to in a
				  memorandum of understanding.
General Authority:
SDCL
					 36-21B-3(6)(21).
Law Implemented:
SDCL
					 36-21B-1,
					 36-21B-3(6)(21).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:14 - APPRAISERS › Chapter 20:14:15 - APPRAISER EXPERIENCE TRAINING PROGRAM › Section 20:14:15:05 - Partial experience credit not allowed

Current through Register Vol. 51, page 10, July 15, 2024
The program administrator may not grant a candidate partial
				  experience for completing only a portion of an experience training
				  program.
General Authority:
SDCL
					 36-21B-3(6)(21).
Law Implemented:
SDCL
					 36-21B-1,
					 36-21B-3(6)(21).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:14 - APPRAISERS › Chapter 20:14:15 - APPRAISER EXPERIENCE TRAINING PROGRAM › Section 20:14:15:06 - Requirements to complete the education portion of the program

Current through Register Vol. 51, page 10, July 15, 2024
A candidate for the experience training program must
				  complete the Appraiser Qualification Board's required qualifying education for
				  the desired credential as set forth in The Real Property Appraiser
				  Qualifications Criteria and Interpretations of the Criteria, which is
				  incorporated by reference. A candidate may obtain the required education while
				  enrolled in the experience training program.
General Authority:
SDCL
					 36-21B-3(6)(21).
Law Implemented:
SDCL
					 36-21B-1,
					 36-21B-3(6)(21).
The Real Property Appraiser Qualification Criteria
					 and Interpretations of the Criteria,
effective January 1, 2022, The
					 Appraisal Foundation, Appraiser Qualifications Board. Copies may be obtained
					 from The Appraisal Foundation, free of charge at
https://appraisalfoundation.org/imis/TAF/Standards/Qualification_Criteria/Qualification_Criteria
					 __RP_/TAF/AQB_RPAQC.aspx?hkey=5ec61b8d-751b-4a97-90b1-9b3dae51beea
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:14 - APPRAISERS › Chapter 20:14:15 - APPRAISER EXPERIENCE TRAINING PROGRAM › Section 20:14:15:07 - Grounds for dismissal from experience training program

Current through Register Vol. 51, page 10, July 15, 2024
The department or institution administering the experience
				  training program may dismiss a student for failure to comply with the following
				  requirements:
(1) Attend all of the
				in-person and virtual classroom hours of instruction;
(2) Participate in all of the field work that
				includes, but is not limited to, the following:
(a) Property inspections;
(b) Gathering market data;
(c) Working with local appraisers to develop
				geographic competency;
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:14 - APPRAISERS › Chapter 20:14:15 - APPRAISER EXPERIENCE TRAINING PROGRAM › Section 20:14:15:08 - Certificate of completion

Current through Register Vol. 51, page 10, July 15, 2024
The program administrator shall issue a certificate of
				  completion to a candidate when the candidate successfully completes the
				  requirements of the experience training program for the desired credential. The
				  certificate must designate the specific appraiser credential that the candidate
				  has achieved by completing the experience training program. The candidate may
				  apply to the department for the specific appraiser credential designated in the
				  certificate, which shall be issued if the candidate has satisfied all
				  requirements, including passage of any Appraiser Qualifications Board Approved
				  Appraiser National Uniform Examination required for the credential being
				  sought.
General Authority:
SDCL
					 36-21B-3(6)(21).
Law Implemented:
SDCL
					 36-21B-1,
					 36-21B-3(6)(21).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:14 - APPRAISERS › Chapter 20:14:15 - APPRAISER EXPERIENCE TRAINING PROGRAM › Section 20:14:15:09 - Lead and associate trainer requirements

Current through Register Vol. 51, page 10, July 15, 2024
To qualify as a lead or associate trainer under the
				  experience training program, an individual must:
(1) Have the knowledge and experience in the
				types of appraisal assignments being supervised pursuant to the competency rule
				of the uniform standards and §
									20:14:09:02;
(2) Have a minimum of five years of appraisal
				experience as a state-certified residential or state-certified general
				appraiser;
(3) Have been in good
				standing, for a period of at least five years, in every jurisdiction in which
				the appraiser is certified;
(4)
				Have successfully completed, with the requirement of passing the course
				examination, an education program provided by the department as specified in
				subdivision 20:14:04:14(4); and
(5)
				Submit to a state and federal criminal background investigation.
General Authority:
SDCL
					 36-21B-3(6)(21).
Law Implemented:
SDCL
					 36-21B-1,
					 36-21B-3(6)(21).
Uniform Standards of Professional Appraisal Practice,
					 §
											20:14:06:01.
Supervisory appraiser credential, §§
											20:14:04:13 and
					 20:14:04:14.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:14 - APPRAISERS › Chapter 20:14:15 - APPRAISER EXPERIENCE TRAINING PROGRAM › Section 20:14:15:10 - Agreement with department for a South Dakota university or college to administer an experience training program

Current through Register Vol. 51, page 10, July 15, 2024
Any accredited South Dakota university or college seeking to
				  administer an experience training program must enter into memorandum of
				  understanding with the department that ensures the university or college will
				  administer the experience training program in compliance with this
				  chapter.
General Authority:
SDCL
					 36-21B-3(21).
Law Implemented:
SDCL
					 36-21B-1,
					 36-21B-3(21).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:15 - PETROLEUM SPECIFICATIONS › Chapter 20:15:06 - Petroleum standards › Section 20:15:06:01 - Conformity with national standards

Current through Register Vol. 51, page 10, July 15, 2024
The methods to be used for inspection and testing of
				  petroleum products and the standards for the specification and tolerance
				  requirements for petroleum products are those in the 2020 Annual Book of the
				  American Society for Testing and Materials, Volumes 05.01, 05.02, 05.03, 05.04,
				  05.05, and 05.06. The schedule of seasonal and geographical volatility classes
				  for the specification for Automotive Spark-Ignition Engine Fuel (ASTM D4814)
				  may be the following during the months of September, October, November,
				  December, January, February, March, and April: Class A-3/C-3 for September 16
				  through 30, Class C-3/D-4 for October, and Class D-4/E-5 for November, E-5 for
				  December through February, E-5/D-4 for March, and D-4/A-4 for April. For
				  gasoline-ethanol blends a vapor pressure waiver not exceeding one pound per
				  square inch is allowed during all months.
General Authority:
SDCL
					 37-2-6,
					 37-2-7.
Law Implemented:
SDCL
					 37-2-6,
					 37-2-7.
2020 Annual Book of the American Society for Testing and
					 Materials Standards, Volumes 05.01, 05.02, 05.03, 05.04, 05.05, and 05.06
					 published by the American Society for Testing and Materials. The volumes are
					 available for viewing at the Public Safety Building, 118 West Capitol Avenue,
					 Pierre, South Dakota 57501. Copies of individual standards can be obtained for
					 a fee by calling the Office of Weights and Measures at
					 605-7733697.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:15 - PETROLEUM SPECIFICATIONS › Chapter 20:15:06 - Petroleum standards › Section 20:15:06:02 - Standards of safety

Current through Register Vol. 51, page 10, July 15, 2024
The standards to be used when making safety inspections of
				  bulk liquid petroleum gas facilities are the standards of safety in chapter
				  61:15:01.
General Authority:
SDCL
					 34-39-3.
Law Implemented:
SDCL
					 34-39-3.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:16 - CEMENT PLANT EMPLOYEE RETIREMENT PLANS › Chapter 20:16:01 - Definitions › Section 20:16:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this Article mean:
(1) "Commission," the former South Dakota
				State Cement Plant Commission or its successor state agency or the State of
				South Dakota;
(2) "Employee," any
				salaried or hourly person employed by the commission;
(3) "Plant," the South Dakota state cement
				plant at Rapid City, South Dakota;
(4) "Management," the president, vice
				president and controller, or their designees;
(5) "Union," the United States steel workers
				and any other union under contract with the employees of the plant;
(6) "Board," the South Dakota Retirement
				System Board of Trustees created pursuant to SDCL
				3-12C-203.
General Authority:
SDCL
					 3-12C-1647.
Law Implemented:
SDCL
					 3-12C-1643,
					 3-12C-1644.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:16 - CEMENT PLANT EMPLOYEE RETIREMENT PLANS › Chapter 20:16:15 - Retirement plan 2A › Section 20:16:15:02 - Term of coverage

Current through Register Vol. 51, page 10, July 15, 2024
Retirement Plan 2A covers any employee who retired from
				  employment or terminated employment and who qualified to be an inactive vested
				  employee with the commission from February 1, 1974, to January 31, 1977,
				  inclusive.
General Authority:
SDCL
					 3-12C-1647.
Law Implemented:
SDCL
					 3-12C-1643,
					 3-12C-1644.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:16 - CEMENT PLANT EMPLOYEE RETIREMENT PLANS › Chapter 20:16:15 - Retirement plan 2A › Section 20:16:15:03 - Participation in benefits

Current through Register Vol. 51, page 10, July 15, 2024
Any employee, as defined in subdivision 20:16:15:01(3), is
				  eligible to participate in the pension plan.
General Authority:
SDCL
					 3-12C-1647.
Law Implemented:
SDCL
					 3-12C-1643,
					 3-12C-1644.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:16 - CEMENT PLANT EMPLOYEE RETIREMENT PLANS › Chapter 20:16:15 - Retirement plan 2A › Section 20:16:15:05 - Forfeiture

Current through Register Vol. 51, page 10, July 15, 2024
Any amount that is forfeited by an employee pursuant to any
				  of the provisions of the plan shall remain in the fund.
General Authority:
SDCL
					 3-12C-1647.
Law Implemented:
SDCL
					 3-12C-1643,
					 3-12C-1644.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:16 - CEMENT PLANT EMPLOYEE RETIREMENT PLANS › Chapter 20:16:15 - Retirement plan 2A › Section 20:16:15:06 - Qualifications for normal pension

Current through Register Vol. 51, page 10, July 15, 2024
A retiring employee is entitled to a normal pension if the
				  employee meets all of the following requirements:
(1) Has attained the age of 65;
(2) Has accumulated at least ten years of
				credited service; and
(3) Retires
				from active employment with the commission.
General Authority:
SDCL
					 3-12C-1647.
Law Implemented:
SDCL
					 3-12C-1643,
					 3-12C-1644.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:16 - CEMENT PLANT EMPLOYEE RETIREMENT PLANS › Chapter 20:16:15 - Retirement plan 2A › Section 20:16:15:07 - Amount of normal pension

Current through Register Vol. 51, page 10, July 15, 2024
The normal pension amount is one and four-tenths percent of
				  final average earnings times the number of years of credited service, up to a
				  maximum of 35 years.
General Authority:
SDCL
					 3-12C-1647.
Law Implemented:
SDCL
					 3-12C-1643,
					 3-12C-1644.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:16 - CEMENT PLANT EMPLOYEE RETIREMENT PLANS › Chapter 20:16:15 - Retirement plan 2A › Section 20:16:15:08 - Qualifications for early retirement pension

Current through Register Vol. 51, page 10, July 15, 2024
An employee is entitled to an early retirement pension if
				  the employee meets all the following requirements:
(1) Has attained the age of 62 but has not
				yet attained age 65;
(2) Has
				accumulated at least ten years of credited service; and
(3) Retires from active employment with the
				commission.
General Authority:
SDCL
					 3-12C-1647.
Law Implemented:
SDCL
					 3-12C-1643,
					 3-12C-1644.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:16 - CEMENT PLANT EMPLOYEE RETIREMENT PLANS › Chapter 20:16:15 - Retirement plan 2A › Section 20:16:15:09 - Amount of early retirement pension

Current through Register Vol. 51, page 10, July 15, 2024
The amount of the early retirement pension is determined by
				  calculating the amount of the normal pension to which the employee would be
				  entitled if the employee were age 65 on the effective date the employee's early
				  retirement pension reduced by four percent each year for which the date of
				  early retirement precedes the employee's attaining age 65.
General Authority:
SDCL
					 3-12C-1647.
Law Implemented:
SDCL
					 3-12C-1643,
					 3-12C-1644.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:16 - CEMENT PLANT EMPLOYEE RETIREMENT PLANS › Chapter 20:16:15 - Retirement plan 2A › Section 20:16:15:10 - Disability pension

Current through Register Vol. 51, page 10, July 15, 2024
An employee is entitled to a disability pension if the
				  employee meets all the following requirements:
(1) Has become totally and permanently
				disabled on or after the date the plan was restated;
(2) Has completed at least five years of
				credited service;
(3) Retires from
				active employment with the commission; and
(4) Has been approved for and receives a
				disability benefit under the federal Social Security Act.
The board may, at any time, require evidence of continued
				  entitlement to a social security disability benefit.
General Authority:
SDCL
					 3-12C-1647.
Law Implemented:
SDCL
					 3-12C-1643,
					 3-12C-1644.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:16 - CEMENT PLANT EMPLOYEE RETIREMENT PLANS › Chapter 20:16:15 - Retirement plan 2A › Section 20:16:15:11 - Amount of disability pension

Current through Register Vol. 51, page 10, July 15, 2024
The disability pension shall be equal to the normal pension
				  otherwise payable, computed to the date of disability, without any reduction
				  for disability commencing prior to age 65. In no event may the disability
				  pension be less than $100 per month.
General Authority:
SDCL
					 3-12C-1647.
Law Implemented:
SDCL
					 3-12C-1643,
					 3-12C-1644.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:16 - CEMENT PLANT EMPLOYEE RETIREMENT PLANS › Chapter 20:16:15 - Retirement plan 2A › Section 20:16:15:12 - Disability pension payments

Current through Register Vol. 51, page 10, July 15, 2024
Payment of the disability pension shall commence five months
				  after the month in which the disability occurs and shall continue thereafter
				  for so long as the disability pensioner remains totally disabled, upon
				  attainment of age 65, a disability pensioner shall have benefits continued
				  regardless of whether or not the pensioner remains totally
				  disabled.
General Authority:
SDCL
					 3-12C-1647.
Law Implemented:
SDCL
					 3-12C-1643,
					 3-12C-1644.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:16 - CEMENT PLANT EMPLOYEE RETIREMENT PLANS › Chapter 20:16:15 - Retirement plan 2A › Section 20:16:15:13 - Reemployment of disability pensioner

Current through Register Vol. 51, page 10, July 15, 2024
A disability pensioner who is no longer entitled to a
				  disability benefit may be entitled to a normal or early pension unaffected by
				  the prior receipt of a disability pension.
General Authority:
SDCL
					 3-12C-1647.
Law Implemented:
SDCL
					 3-12C-1643,
					 3-12C-1644.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:16 - CEMENT PLANT EMPLOYEE RETIREMENT PLANS › Chapter 20:16:15 - Retirement plan 2A › Section 20:16:15:14 - Preretirement death benefit

Current through Register Vol. 51, page 10, July 15, 2024
If an employee who has completed at least ten years of
				  credited service dies prior to filing for a pension benefit, the employee's
				  surviving spouse shall receive a monthly pension equal to 50 percent of the
				  normal pension otherwise payable, computed to the date of death, without any
				  reduction for death prior to age 65. The benefit to the surviving spouse shall
				  be continued until such time as the spouse remarries or dies. If the employee
				  does not have a surviving spouse, no benefits are payable.
General Authority:
SDCL
					 3-12C-1647.
Law Implemented:
SDCL
					 3-12C-1643,
					 3-12C-1644.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:16 - CEMENT PLANT EMPLOYEE RETIREMENT PLANS › Chapter 20:16:15 - Retirement plan 2A › Section 20:16:15:15 - Normal form of pension benefits

Current through Register Vol. 51, page 10, July 15, 2024
The normal form of pension benefits is a life annuity,
				  payable monthly, commencing on the employee's retirement date and continuing to
				  the last monthly payment for the month in which the pensioner
				  dies.
General Authority:
SDCL
					 3-12C-1647.
Law Implemented:
SDCL
					 3-12C-1643,
					 3-12C-1644.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:16 - CEMENT PLANT EMPLOYEE RETIREMENT PLANS › Chapter 20:16:15 - Retirement plan 2A › Section 20:16:15:16 - Joint and survivor benefit

Current through Register Vol. 51, page 10, July 15, 2024
In lieu of the pension otherwise payable to an employee, an
				  employee entitled to a normal or early retirement pension may elect to receive
				  a smaller monthly pension during the employee's lifetime, and after the
				  employee's death such smaller benefit will be continued to the employee's
				  beneficiary, called a contingent annuitant, during the latter's
				  lifetime.
General Authority:
SDCL
					 3-12C-1647.
Law Implemented:
SDCL
					 3-12C-1643,
					 3-12C-1644.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:16 - CEMENT PLANT EMPLOYEE RETIREMENT PLANS › Chapter 20:16:15 - Retirement plan 2A › Section 20:16:15:17 - Election of joint and survivor benefit

Current through Register Vol. 51, page 10, July 15, 2024
To be effective, a joint and survivor option election shall
				  be made by written request filed with the board not less than 12 months prior
				  to the employee's retirement date. If such an election is not filed at least 12
				  months prior to the employee's retirement date, the option may not take effect
				  until after 12 months have elapsed after the election, and it shall then be
				  effective with respect to all subsequent months. Until the option takes effect,
				  the benefit shall be payable in the normal form only, as if the option had not
				  been elected and benefits to be paid shall be retroactively adjudged if the
				  option is put into effect.
General Authority:
SDCL
					 3-12C-1647.
Law Implemented:
SDCL
					 3-12C-1643,
					 3-12C-1644.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:16 - CEMENT PLANT EMPLOYEE RETIREMENT PLANS › Chapter 20:16:15 - Retirement plan 2A › Section 20:16:15:18 - Effective date of joint and survivor benefit

Current through Register Vol. 51, page 10, July 15, 2024
The joint and survivor option shall take effect only if the
				  pensioner and the pensioner's contingent annuitant are both alive on the date
				  when it is otherwise to take effect.
General Authority:
SDCL
					 3-12C-1647.
Law Implemented:
SDCL
					 3-12C-1643,
					 3-12C-1644.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:16 - CEMENT PLANT EMPLOYEE RETIREMENT PLANS › Chapter 20:16:15 - Retirement plan 2A › Section 20:16:15:19 - Revocation of joint and survivor benefit

Current through Register Vol. 51, page 10, July 15, 2024
Once elected, the joint and survivor option may not be
				  revoked except under the following conditions:
(1) Revocation must be made in writing in a
				form prescribed by the board and filed with the board before the end of the
				first calendar month for which a pension benefit has become payable to the
				pensioner;
(2) Revocation may not
				become effective until 12 months after it has been filed. Until then any
				benefits payable shall be paid in the amount determined under the joint and
				survivor option, without retroactive adjustment of such payments once
				revocation takes effect;
(3) The
				option shall be automatically revoked if the contingent annuitant dies. If the
				contingent annuitant is the employee's spouse and the spouse is divorced from
				the employee before a pension in the optional form has become effective, the
				employee may continue the option if, within 90 days of such an event, the
				employee makes a choice of another contingent annuitant and communicates it to
				the board in writing;
(4) The
				designation of a contingent annuitant cannot be changed after the first pension
				payment under the option has been made to the pensioner.
General Authority:
SDCL
					 3-12C-1647.
Law Implemented:
SDCL
					 3-12C-1643,
					 3-12C-1644.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:16 - CEMENT PLANT EMPLOYEE RETIREMENT PLANS › Chapter 20:16:15 - Retirement plan 2A › Section 20:16:15:20 - Limitation on joint and survivor benefit option

Current through Register Vol. 51, page 10, July 15, 2024
The joint and survivor option may not be payable if it would
				  result in a monthly pension of less than $20 to the pensioner or the contingent
				  annuitant.
General Authority:
SDCL
					 3-12C-1647.
Law Implemented:
SDCL
					 3-12C-1643,
					 3-12C-1644.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:16 - CEMENT PLANT EMPLOYEE RETIREMENT PLANS › Chapter 20:16:15 - Retirement plan 2A › Section 20:16:15:21 - Credited service

Current through Register Vol. 51, page 10, July 15, 2024
Credited service under the plan means the last period of
				  continuous employment with the commission prior to termination of employment
				  for the purpose of retirement. Credited service may not exceed 35 years and may
				  not be granted after attainment of age 65.
General Authority:
SDCL
					 3-12C-1647.
Law Implemented:
SDCL
					 3-12C-1643,
					 3-12C-1644.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:16 - CEMENT PLANT EMPLOYEE RETIREMENT PLANS › Chapter 20:16:15 - Retirement plan 2A › Section 20:16:15:22 - Interruption of continuous employment

Current through Register Vol. 51, page 10, July 15, 2024
If continuous employment is interrupted for any cause,
				  except as provided in the plan, any credited service accrued for periods of
				  employment prior to the interruption may not be considered, and the employee
				  shall be treated as a new employee in determining credited service. However,
				  continuous employment is not considered interrupted by leaves of absence from
				  regular employment authorized by the commission for:
(1) Disability, except in connection with
				retirement;
(2) Service in the
				armed forces of the United States, if the employee returns to employment with
				the commission within the period of time prescribed by law for the reemployment
				of veterans; or
(3) Not more than
				12 months for any other cause or reason satisfactory to the commission. During
				any period of authorized leaves of absence, no service credit may be
				granted.
General Authority:
SDCL
					 3-12C-1647.
Law Implemented:
SDCL
					 3-12C-1643,
					 3-12C-1644.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:16 - CEMENT PLANT EMPLOYEE RETIREMENT PLANS › Chapter 20:16:15 - Retirement plan 2A › Section 20:16:15:23 - Vesting of service credits

Current through Register Vol. 51, page 10, July 15, 2024
An employee who terminates employment for any reason other
				  than death or early or normal retirement is entitled to a deferred pension if
				  the employee has accumulated at least five years of credited service. The
				  deferred pension shall commence on the normal retirement date. The deferred
				  pension amount shall be calculated utilizing the benefit formula in effect at
				  the time of the employee's termination with the commission and years of
				  continuous employment to the date of termination.
General Authority:
SDCL
					 3-12C-1647.
Law Implemented:
SDCL
					 3-12C-1643,
					 3-12C-1644.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:16 - CEMENT PLANT EMPLOYEE RETIREMENT PLANS › Chapter 20:16:15 - Retirement plan 2A › Section 20:16:15:24 - Advance written applications required

Current through Register Vol. 51, page 10, July 15, 2024
An application for the commencement of pension benefits
				  shall be in writing on a form and in a manner prescribed by the board, and
				  shall be filed with the board in advance of the first month for which benefits
				  are to be paid.
General Authority:
SDCL
					 3-12C-1647.
Law Implemented:
SDCL
					 3-12C-1643,
					 3-12C-1644.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:16 - CEMENT PLANT EMPLOYEE RETIREMENT PLANS › Chapter 20:16:15 - Retirement plan 2A › Section 20:16:15:25 - Information required

Current through Register Vol. 51, page 10, July 15, 2024
An employee, pensioner, or beneficiary shall furnish the
				  board with any information or proof requested by it and reasonably required to
				  administer the plan. Failure on the part of any person to comply with such a
				  request promptly, completely, and in good faith shall be sufficient grounds for
				  denying benefits to the person. If a pensioner or beneficiary makes a false
				  statement material to any claim for benefits, the person shall be denied all
				  benefits, and the board may recover any payments made in reliance on the false
				  statement.
General Authority:
SDCL
					 3-12C-1647.
Law Implemented:
SDCL
					 3-12C-1643,
					 3-12C-1644.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:16 - CEMENT PLANT EMPLOYEE RETIREMENT PLANS › Chapter 20:16:15 - Retirement plan 2A › Section 20:16:15:26 - Payments for incompetents

Current through Register Vol. 51, page 10, July 15, 2024
If a pensioner is mentally or physically incompetent,
				  payments shall be made to any person who has satisfied the board that he or she
				  is caring for the pensioner or beneficiary. Such payments shall be a complete
				  discharge of the liabilities under this plan.
General Authority:
SDCL
					 3-12C-1647.
Law Implemented:
SDCL
					 3-12C-1643,
					 3-12C-1644.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:16 - CEMENT PLANT EMPLOYEE RETIREMENT PLANS › Chapter 20:16:15 - Retirement plan 2A › Section 20:16:15:27 - Nonalienation of benefits

Current through Register Vol. 51, page 10, July 15, 2024
No benefit payable at any time under the plan may be subject
				  in any manner to alienation, sale, transfer, assignment, pledge, attachment, or
				  encumbrance of any kind. Any attempt to encumber such a benefit in any way is
				  void. A benefit is not subject in any manner to the debts or liabilities of any
				  person to whom the benefit is payable. If, by reason of bankruptcy, insolvency,
				  or assignment of creditors of an employee or pensioner or any other happening
				  at any time such benefits would devolve upon anyone else or would not be
				  enjoyed by the employee or pensioner, the board may terminate the employee's or
				  pensioner's interest in any such benefits and hold or apply them to or for the
				  benefit of the person, the person's spouse, children, or other dependents or
				  any of them in such manner as the board deems proper.
General Authority:
SDCL
					 3-12C-1647.
Law Implemented:
SDCL
					 3-12C-1643,
					 3-12C-1644.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:16 - CEMENT PLANT EMPLOYEE RETIREMENT PLANS › Chapter 20:16:15 - Retirement plan 2A › Section 20:16:15:28 - Terms of employment not affected

Current through Register Vol. 51, page 10, July 15, 2024
Under no circumstances may an employee's participation in
				  the plan be construed to constitute a contract of continuing employment or in
				  any manner obligate the board to continue or discontinue the services of an
				  employee.
General Authority:
SDCL
					 3-12C-1647.
Law Implemented:
SDCL
					 3-12C-1643,
					 3-12C-1644.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:16 - CEMENT PLANT EMPLOYEE RETIREMENT PLANS › Chapter 20:16:15 - Retirement plan 2A › Section 20:16:15:29 - Conditions for forfeiture of benefit rights

Current through Register Vol. 51, page 10, July 15, 2024
Any retirement benefit that may be payable or become payable
				  and all rights under the plan in favor of any employee or pensioner shall be
				  forfeited if, prior to or after the termination of employment by the
				  commission, the employee or pensioner confesses to or is convicted of any crime
				  perpetrated against the commission involving the embezzlement of commission
				  funds or property.
General Authority:
SDCL
					 3-12C-1647.
Law Implemented:
SDCL
					 3-12C-1643,
					 3-12C-1644.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:16 - CEMENT PLANT EMPLOYEE RETIREMENT PLANS › Chapter 20:16:15 - Retirement plan 2A › Section 20:16:15:30 - Reference to other documents

Current through Register Vol. 51, page 10, July 15, 2024
Any reference in the plan to rights under the plan shall be
				  construed as reference to rights also under any instrument, trust agreement, or
				  insurance or annuity contract created or entered into to effect the purposes of
				  the plan.
General Authority:
SDCL
					 3-12C-1647.
Law Implemented:
SDCL
					 3-12C-1643,
					 3-12C-1644.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:16 - CEMENT PLANT EMPLOYEE RETIREMENT PLANS › Chapter 20:16:15 - Retirement plan 2A › Section 20:16:15:31 - Rounding of benefit amounts

Current through Register Vol. 51, page 10, July 15, 2024
The monthly amount of pension benefits, as computed in
				  accordance with §§
									20:16:15:06 to
				  20:16:15:16, inclusive, or if any
				  adjustment provided elsewhere is applied, shall be rounded to the next higher
				  whole dollar amount.
General Authority:
SDCL
					 3-12C-1647.
Law Implemented:
SDCL
					 3-12C-1643,
					 3-12C-1644.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:16 - CEMENT PLANT EMPLOYEE RETIREMENT PLANS › Chapter 20:16:15 - Retirement plan 2A › Section 20:16:15:32 - Improvement factor

Current through Register Vol. 51, page 10, July 15, 2024
The benefits described in this chapter shall be increased by
				  an amount equal to two percent of the initial benefit amount, not compounded,
				  for each year commencing on the July 1 that is at least 12 months following the
				  date on which the benefit was first payable.
General Authority:
SDCL
					 3-12C-1647.
Law Implemented:
SDCL
					 3-12C-1643,
					 3-12C-1644.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:16 - CEMENT PLANT EMPLOYEE RETIREMENT PLANS › Chapter 20:16:15 - Retirement plan 2A › Section 20:16:15:33 - Statutory limitation

Current through Register Vol. 51, page 10, July 15, 2024
The rules in this chapter are subject to all limitations and
				  conditions of section 22 of chapter 35 of the 1974 Session
				  Laws.
General Authority:
SDCL
					 3-12C-1647.
Law Implemented:
SDCL
					 3-12C-1643,
					 3-12C-1644.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:16 - CEMENT PLANT EMPLOYEE RETIREMENT PLANS › Chapter 20:16:15 - Retirement plan 2A › Section 20:16:15:34 - Privatization of the plant

Current through Register Vol. 51, page 10, July 15, 2024
The plant was privatized on March 16, 2001. Any pensioner or
				  former employee who qualifies to be an inactive vested employee affected by the
				  privatization is entitled to the benefits accrued as of the effective date of
				  the privatization.
General Authority:
SDCL
					 3-12C-1647.
Law Implemented:
SDCL
					 3-12C-1643,
					 3-12C-1644.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:16 - CEMENT PLANT EMPLOYEE RETIREMENT PLANS › Chapter 20:16:15 - Retirement plan 2A › Section 20:16:15:35 - Amendment and termination of the plan

Current through Register Vol. 51, page 10, July 15, 2024
The board reserves the right to amend this plan at any time
				  subject to Internal Revenue Code rules regarding accrued benefits of the
				  participants. No modification or amendment of the plan may make it possible for
				  any part of the income or assets of the fund to be used for or diverted to
				  purposes other than for the exclusive benefit of the participants and their
				  beneficiaries. Also, no modification or amendment of the plan may reduce
				  benefits to the participants, but benefits may be increased.
The board reserves the right to discontinue this plan in
				  whole or in part. In the event of a termination of the plan, the rights of all
				  affected participants to benefits then accrued shall thereupon become 100
				  percent vested and nonforfeitable. The board shall take such steps as it
				  determines necessary or desirable to comply with applicable
				  laws.
General Authority:
SDCL
					 3-12C-1647.
Law Implemented:
SDCL
					 3-12C-1643,
					 3-12C-1644.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:16 - CEMENT PLANT EMPLOYEE RETIREMENT PLANS › Chapter 20:16:17 - Retirement plan 4A › Section 20:16:17:02 - Term of coverage

Current through Register Vol. 51, page 10, July 15, 2024
Retirement Plan 4A covers any employee who retired from
				  employment or terminated employment and who qualifies to be an inactive vested
				  employee with the commission from October 1, 1978, to June 30, 1999,
				  inclusive.
General Authority:
SDCL
					 3-12C-1647.
Law Implemented:
SDCL
					 3-12C-1643,
					 3-12C-1644.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:16 - CEMENT PLANT EMPLOYEE RETIREMENT PLANS › Chapter 20:16:17 - Retirement plan 4A › Section 20:16:17:03 - Participation in benefits

Current through Register Vol. 51, page 10, July 15, 2024
Any employee is eligible to participate in the pension
				  plan.
General Authority:
SDCL
					 3-12C-1647.
Law Implemented:
SDCL
					 3-12C-1643,
					 3-12C-1644.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:16 - CEMENT PLANT EMPLOYEE RETIREMENT PLANS › Chapter 20:16:17 - Retirement plan 4A › Section 20:16:17:05 - Forfeiture

Current through Register Vol. 51, page 10, July 15, 2024
Any amount that is forfeited by an employee pursuant to any
				  of the provisions of this plan shall remain in the fund.
General Authority:
SDCL
					 3-12C-1647.
Law Implemented:
SDCL
					 3-12C-1643,
					 3-12C-1644.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:16 - CEMENT PLANT EMPLOYEE RETIREMENT PLANS › Chapter 20:16:17 - Retirement plan 4A › Section 20:16:17:06 - Qualifications for normal pension

Current through Register Vol. 51, page 10, July 15, 2024
A retiring employee is entitled to a normal pension if the
				  employee meets all of the following requirements:
(1) Has attained the age of 65;
(2) Has accumulated at least five years of
				credited service; and
(3) Retires
				from active employment with the commission.
General Authority:
SDCL
					 3-12C-1647.
Law Implemented:
SDCL
					 3-12C-1643,
					 3-12C-1644.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:16 - CEMENT PLANT EMPLOYEE RETIREMENT PLANS › Chapter 20:16:17 - Retirement plan 4A › Section 20:16:17:07 - Amount of the normal pension

Current through Register Vol. 51, page 10, July 15, 2024
The normal pension amount for any employee employed prior to
				  July 1, 1977, and not retired before February 1, 1977, is one and four-tenths
				  percent of final average earnings times the number of years of credited
				  service, up to a maximum of 35 years. Any employee hired subsequent to June 30,
				  1977, and retiring before January 1, 1993, will receive a normal pension amount
				  equal to one percent of final average earnings times the number of years of
				  credited service. Any employee hired subsequent to June 30, 1977, and retiring
				  after December 31, 1992, shall receive a normal pension amount equal to 1.3
				  percent of final average earnings times the number of years of credited
				  service.
The amount of earnings under the plan may not exceed the
				  limit on compensation allowed under § 401(a)(17) of the Internal Revenue
				  Code.
General Authority:
SDCL
					 3-12C-1647.
Law Implemented:
SDCL
					 3-12C-1643,
					 3-12C-1644.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:16 - CEMENT PLANT EMPLOYEE RETIREMENT PLANS › Chapter 20:16:17 - Retirement plan 4A › Section 20:16:17:08 - Qualifications for early retirement pension

Current through Register Vol. 51, page 10, July 15, 2024
An employee or former employee is entitled to an early
				  retirement pension if the employee meets all the following requirements:
(1) Has attained the age of 62 but has not
				yet attained age 65;
(2) Has
				accumulated at least five years of credited service;
(3) Has terminated from active employment
				with the commission.
General Authority:
SDCL
					 3-12C-1647.
Law Implemented:
SDCL
					 3-12C-1643,
					 3-12C-1644.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:16 - CEMENT PLANT EMPLOYEE RETIREMENT PLANS › Chapter 20:16:17 - Retirement plan 4A › Section 20:16:17:09 - Amount of the early retirement pension

Current through Register Vol. 51, page 10, July 15, 2024
The amount of the early retirement pension shall be
				  determined by calculating the amount of the normal pension to which the
				  employee would be entitled if the employee were age 65 on the effective date of
				  the employee's early retirement pension reduced by three percent each year for
				  which the date of early retirement precedes the employee attaining age
				  65.
General Authority:
SDCL
					 3-12C-1647.
Law Implemented:
SDCL
					 3-12C-1643,
					 3-12C-1644.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:16 - CEMENT PLANT EMPLOYEE RETIREMENT PLANS › Chapter 20:16:17 - Retirement plan 4A › Section 20:16:17:10 - Disability pension

Current through Register Vol. 51, page 10, July 15, 2024
An employee is entitled to a disability pension if the
				  employee meets all the following requirements:
(1) Has become totally disabled on or after
				the date the plan was restated;
(2)
				Has completed at least three years of credited service or was
				disabled;
(3) Retires from active
				employment with the commission; and
(4) Has been approved for and receives a
				disability benefit under the federal Social Security Act.
The board may, at any time, require evidence of continued
				  entitlement to a disability benefit.
General Authority:
SDCL
					 3-12C-1647.
Law Implemented:
SDCL
					 3-12C-1643,
					 3-12C-1644.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:16 - CEMENT PLANT EMPLOYEE RETIREMENT PLANS › Chapter 20:16:17 - Retirement plan 4A › Section 20:16:17:11 - Amount of the disability pension

Current through Register Vol. 51, page 10, July 15, 2024
The disability pension shall be equal to 50 percent of the
				  highest annual earnings earned in any one of the three years immediately
				  preceding the date of disability, increased by 10 percent of those earnings for
				  each eligible child to a maximum of four children. The disability allowance
				  shall be paid only in the form of monthly installments.
General Authority:
SDCL
					 3-12C-1647.
Law Implemented:
SDCL
					 3-12C-1643,
					 3-12C-1644.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:16 - CEMENT PLANT EMPLOYEE RETIREMENT PLANS › Chapter 20:16:17 - Retirement plan 4A › Section 20:16:17:12 - Disability pension payments

Current through Register Vol. 51, page 10, July 15, 2024
Payment of the disability pension shall begin five months
				  after the month in which the disability occurs and shall continue thereafter
				  for as long as the disability pensioner remains totally disabled. Upon
				  attainment of age 65, a disability pensioner shall have benefits continued
				  under §
									20:16:17:16 regardless of whether
				  or not the pensioner remains totally disabled.
General Authority:
SDCL
					 3-12C-1647.
Law Implemented:
SDCL
					 3-12C-1643,
					 3-12C-1644.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:16 - CEMENT PLANT EMPLOYEE RETIREMENT PLANS › Chapter 20:16:17 - Retirement plan 4A › Section 20:16:17:13 - Deduction of other public benefits from disability pension

Current through Register Vol. 51, page 10, July 15, 2024
Disability allowances shall be reduced by an amount equal to
				  the other public benefits paid or payable. Disability allowances payable on
				  account of children shall be reduced when children become ineligible
				  dependents.
General Authority:
SDCL
					 3-12C-1647.
Law Implemented:
SDCL
					 3-12C-1643,
					 3-12C-1644.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:16 - CEMENT PLANT EMPLOYEE RETIREMENT PLANS › Chapter 20:16:17 - Retirement plan 4A › Section 20:16:17:14 - Reduction of disability pension of earnings in employment

Current through Register Vol. 51, page 10, July 15, 2024
If a person receiving a disability pension is employed or is
				  self-employed in any capacity, the disability pension shall be reduced by 50
				  cents for each dollar earned through such employment.
General Authority:
SDCL
					 3-12C-1647.
Law Implemented:
SDCL
					 3-12C-1643,
					 3-12C-1644.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:16 - CEMENT PLANT EMPLOYEE RETIREMENT PLANS › Chapter 20:16:17 - Retirement plan 4A › Section 20:16:17:15 - Reemployment of a disability pensioner

Current through Register Vol. 51, page 10, July 15, 2024
A disability pensioner who is no longer entitled to a
				  disability benefit may be entitled to a normal or early pension unaffected by
				  the prior receipt of a disability pension.
General Authority:
SDCL
					 3-12C-1647.
Law Implemented:
SDCL
					 3-12C-1643,
					 3-12C-1644.