There is a newer version of the South Dakota Codified Laws
2006 South Dakota Code - 3-12-99 — Amount of monthly disability allowance.
3-12-99. Amount of monthly disability allowance. The disability allowance for the first thirty-six months shall be equal to fifty percent of the member's final average compensation immediately preceding the date of disability, increased by ten percent of such compensation for each child to a maximum of four such children. Starting
with the thirty-seventh month, if the member is eligible for and
receiving disability benefits from social security, the disability
allowance is equal to the greater of the amount paid during the
first thirty-six months less the amount of primary social security
or the amount of the member's unreduced accrued retirement
allowance as of the date of disability. If the member's unreduced
accrued retirement allowance is the greater, it is immediately
payable by the system notwithstanding any other provisions to the
contrary. In no event may the annual amount of a disability
allowance be less than twenty percent of the compensation on which
the initial disability allowance was based.
Starting
with the thirty-seventh month, if the member is not eligible for
and receiving disability benefits from social security, the
disability allowance is equal to the greater of twenty percent of
the compensation on which the initial disability allowance was
based or the amount of the member's unreduced accrued retirement
allowance as of the date of disability. If the member's unreduced
accrued retirement allowance is the greater, it is immediately
payable by the system notwithstanding any other provisions to the
contrary. The disability allowance shall be paid only in the form
of monthly installments.
Source: SL 1974, ch 35, § 53; SL 1994, ch 32, § 3; SL 2004, ch 40, § 2.
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