2006 South Dakota Code - 3-12-101 — Deduction of other public benefits from disability allowance--Reduction whenchildren become ineligible--Amount of allowance.

3-12-101. Deduction of other public benefits from disability allowance--Reduction when children become ineligible--Amount of allowance. Disability allowances shall be reduced by an amount equal to the unmodified benefits paid or payable under other public systems. Disability allowances payable on account of children shall be reduced when children become ineligible. In no event may the annual amount of a disability allowance be less than the greater of six percent of the compensation on which the disability allowance is based or six hundred dollars a year.

However, any disability allowance effective prior to July 1, 1994, and payable on or after that date may not be reduced by any benefit payable on account of a veteran's disability or from any insured or self-insured short-term disability plan sponsored by an employer and paid for by the employee or paid for under a salary reduction plan. Further, any disability allowance effective prior to July 1, 1994, and payable on or after July 1, 1995, may not be reduced by any benefit payable on account of a federal military retirement or a federal national guard retirement.

Source: SL 1974, ch 35, § 55; SL 1986, ch 37, § 7; SL 1993, ch 43, §§ 1, 2; SL 1994, ch 36; SL 1995, ch 20.

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