There is a newer version of the South Dakota Codified Laws
2006 South Dakota Code - 3-12-82 — Retirement allowance for reemployed member--Refund--Additional allowance--Reduction--Annual increase--Application.
3-12-82. Retirement allowance for reemployed member--Refund--Additional allowance-- Reduction--Annual increase--Application. If less than three years of contributory service or noncontributory service as delineated in subsections (b), (e), (g) and (h) of § 3-12-47(24) is acquired after a retired member's reentry into covered employment, the member upon subsequent retirement shall receive a refund of the member's contributions and seventy-five percent of the employer's contributions, plus interest on both at the effective rate, made during the period after reentry. If three
years or more of contributory service or noncontributory service as
delineated in subsections (b), (e), (g) and (h) of
§ 3-12-47(24) are acquired after a retired member's
reentry into covered employment, the member upon subsequent
retirement shall receive an additional allowance based upon the
member's credited service and final compensation earned during such
reentry. Only the member's credited service from the subsequent
employment shall be taken into account in calculating a reduction
pursuant to § 3-12-106, if any, in the member's
additional allowance. In addition, the annual increase applied to
the original allowance pursuant to § 3-12-88 shall be
eliminated for such period of reemployment, unless the member
retired as a Class B member other than a justice, judge, or
magistrate judge and subsequently has reentered covered employment
as a Class A member.
The
provisions of this section apply to any member who retired without
any reduction in benefits pursuant to § 3-12-106 and who
reenters covered employment on or after July 1, 2004.
Source: SL 1974, ch 35, § 39; SL 1978, ch 32,
§ 3; SL 1982, ch 32, § 5; SL 1997, ch 28,
§ 1; SL 1998, ch 15, § 10; SL 2004, ch 38,
§ 1; SL 2005, ch 24, § 3.
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