Anderson v. South Dakota Retirement SystemAnnotate this Case
The Supreme Court affirmed the order of the circuit court affirming the decision of the South Dakota Retirement System (SDRS) denying Debra Lee Anderson’s application for survivor spouse benefits under Deborah Cady’s retirement plan with the SDRS, holding that Anderson was not entitled to receive survivor benefits.
Anderson and Cady both worked for the Rapid City Police Department. In 2012, Cady retired from the department. In 2015, Anderson and Cady married. In 2017, Cady died. Anderson applied for survivor spouse benefits, but the SDRS denied the application because Anderson and Cady were not married at the time of Cady’s retirement and because Anderson did not meet the definition of a “spouse” under S.D. Codified Laws 3-12-47(80). The South Dakota Officer of Hearing Examiners and circuit court both affirmed the SDRS. The Supreme Court affirmed, holding (1) under the relevant statutes, Anderson could not meet the definition of “spouse” and therefore was not entitled to Cady’s survivor benefits under South Dakota law; and (2) there was no discrimination on the basis of Anderson’s gender or sexual orientation.