There is a newer version of the South Dakota Codified Laws
2006 South Dakota Code - 3-12-95 — Family benefits payable on death of contributing member before retirement.
3-12-95. Family benefits payable on death of contributing member before retirement. On the death of a contributing member after July 1, 1974, and prior to the earlier of the member attaining normal retirement age or the member's retirement, who has one or more years of contributory service; or if there has been a break in the member's employment of more than one year, one-half year of contributory service having been performed after the end of the last such break; or if the member was receiving a disability allowance which commenced after July 1, 1974, the following benefits shall be paid:
(1) A surviving spouse having the care of
children shall receive an annual amount, payable in monthly
installments, equal to forty percent of the member's final average
compensation, plus ten percent of such final average compensation
for each child to a maximum of six such children;
(2) The conservator or custodian of each
child, on whose account there is no benefit payable under
subdivision (1), shall receive on behalf of each child, to a
maximum of five such children, an annual amount, payable in monthly
installments, equal to twenty percent of the member's final average
compensation;
(3) If the sum of benefits payable under
subdivisions (1) and (2) exceeds one hundred percent of the
member's final average compensation, the benefits payable under
both subdivisions (1) and (2) shall be proportionally reduced so
that the total of the benefits is equal to one hundred percent of
the member's final average compensation;
(4) If there are no benefits being paid
under subdivision (1) and the member's accumulated contributions
have not been withdrawn pursuant to § 3-12-97, the spouse
who has reached age sixty-five shall receive a monthly payment
equal to sixty percent of the amount which would have been payable
to the deceased member at normal retirement age based on the
member's credited and projected service and projected compensation.
The benefit payable under this subdivision shall be increased by
application of the improvement factor for time which elapses
between the date the member would have reached normal retirement
age and the date benefits commence to the spouse.
Family
benefits begin to accrue on the first day of the month following
the death of the member.
Source: SL 1967, ch 303, § 9 as added by SL 1968, ch 216, § 1; SDCL Supp, § 3-12-29.2; SL 1970, ch 25, § 8; SL 1974, ch 35, § 51; SL 1976, ch 40, § 3; SL 1979, ch 30, § 1; SL 1980, ch 31, § 8; SL 1982, ch 34, § 2; SL 1984, ch 25; SL 1993, ch 213, § 78; SL 1999, ch 16, § 2; SL 2004, ch 40, § 1; SL 2005, ch 24, § 4; SL 2006, ch 18, § 2.
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