There is a newer version
of
this Chapter
2019 South Dakota Codified Laws
Title 3 - Public Officers and Employees
Chapter 12C - South Dakota Retirement System
PART 1. DEFINITIONS.
- § 3-12C-101 Definition of terms
- § 3-12C-102 Actuarial equivalent defined.
- § 3-12C-103 Child defined.
- § 3-12C-104 COLA or cost of living adjustment defined.
- § 3-12C-105 Compensation defined.
- § 3-12C-106 Contributing member defined.
- § 3-12C-107 Disability defined.
- § 3-12C-108 Effective rate of interest defined.
- § 3-12C-109 Minimum actuarial requirement to support benefits defined.
- § 3-12C-110 Spouse defined.
- § 3-12C-111 Terminated defined.
- § 3-12C-112 Vested defined
- § 3-12C-201 Citation of chapter.
- § 3-12C-202 System managed by board--Standard of conduct--Legal advice.
- § 3-12C-203 Board of Trustees created--Composition.
- § 3-12C-204 Election of trustees--Terms of office.
- § 3-12C-205 Resignation of trustee due to loss of qualifying status--Filling of vacancy.
- § 3-12C-206 Oath of office of trustees.
- § 3-12C-207 Compensation and expenses of trustees.
- § 3-12C-208 Meetings of board--Chair and vice chair--Votes required for decision.
- § 3-12C-209 Appointment of executive director--Compensation--Employment of personnel--Bond.
- § 3-12C-210 Expense fund continued--Transfer from retirement system fund--Report of budget--Appropriation and disbursement for expenses.
- § 3-12C-211 Rules for administration.
- § 3-12C-212 Applications for membership or benefits.
- § 3-12C-213 Grievance procedure--Administrative and judicial review.
- § 3-12C-214 Correction of records--Adjustment for underpayment or overpayment--Limitation.
- § 3-12C-215 Confidentiality of records--Exceptions.
- § 3-12C-216 Exemption of contributions and benefits from taxation and process.
- § 3-12C-217 Domestic relations orders--Determination as to whether qualified--Restrictions on provisions.
- § 3-12C-218 Business name of system--Treasurer.
- § 3-12C-219 Use of fund restricted.
- § 3-12C-220 Diversion of funds prohibited--Legislative policy.
- § 3-12C-221 Rights of members on termination of system or discontinuance of contributions.
- § 3-12C-222 Application of forfeitures.
- § 3-12C-223 Investment of assets by investment council--Pooling of funds--Standards for investment--Compliance with federal divestiture enactments.
- § 3-12C-224 Quadrennial independent report on investment performance.
- § 3-12C-225 Review of investment policy when return lower than average--Report to Governor and Legislature.
- § 3-12C-226 Annual actuarial valuation of system--Scope of valuation.
- § 3-12C-227 Actuarial assumptions on which valuation based--Report of change.
- § 3-12C-228 System funding review--Report required for certain conditions--Recommended corrective action.
- § 3-12C-229 Annual report of funded status of system.
- § 3-12C-230 Record of board proceedings--Annual report
- § 3-12C-301 Employees included as members of system.
- § 3-12C-302 Officials and employees excluded from membership in system.
- § 3-12C-303 Newly elected officials permitted to join system--Requirements--Credited service.
- § 3-12C-304 Continuation of previously established retirement plan of political subdivision or public corporation--Vote of employees required to participate in consolidated system.
- § 3-12C-305 Newly established retirement plans of political subdivisions and public corporations to participate in consolidated system.
- § 3-12C-306 Election by political subdivision or public corporation to participate in consolidated system.
- § 3-12C-307 Coverage of joint employees of participating and nonparticipating political subdivisions.
- § 3-12C-308 Accrued benefit deposit required when political subdivision or public corporation joins consolidated system--Participation by employees--Deferred payment of deposit.
- § 3-12C-309 Effective date of participation of employees of participating unit.
- § 3-12C-310 Privatization of governmental function
- § 3-12C-401 Rate of contributions--Deduction from pay--Employer to make members' contributions.
- § 3-12C-402 Additional contribution for foundation members by participating unit.
- § 3-12C-403 Monthly transmission of contributions--Deposit in fund.
- § 3-12C-404 Deduction of delinquent contributions from payments due from state--Penalty and interest.
- § 3-12C-405 Service records and employee information furnished by employers.
- § 3-12C-406 Knowing transmission of report with excluded compensation as misdemeanor.
- § 3-12C-407 Accumulated contributions defined for foundation members.
- § 3-12C-408 Accumulated contributions defined for generational members.
- § 3-12C-409 Refund of unpaid accumulated contributions upon termination--Reversion of unclaimed payments to system.
- § 3-12C-410 Lump-sum payments where designated beneficiary does not survive member--Reversion to system of unclaimed payments
- § 3-12C-501 Uniform application of service credit rules.
- § 3-12C-502 Credited service defined for foundation members.
- § 3-12C-503 Credited service defined for generational members.
- § 3-12C-504 Purchase of prior service credit--Calculation of amount due.
- § 3-12C-505 Prospective increase for credited service related to years of noncontributory service.
- § 3-12C-506 Refund for purchase cost of noncontributing service.
- § 3-12C-507 Purchase of prior service credit on tax-deferred basis.
- § 3-12C-508 Purchase of prior service credit by member of tax-qualifying purchase unit.
- § 3-12C-509 Purchase of prior service credit for public service not covered by retirement plan.
- § 3-12C-510 Acquisition of credited service through transfer of funds--Requirements.
- § 3-12C-511 Purchase of nonqualified permissive service credit allowed.
- § 3-12C-512 Acquisition of credited service for members mobilized into certain federal military service.
- § 3-12C-513 Service credit for leave of absence--Contributions to cover period of absence.
- § 3-12C-514 Credited service for leave of absence due to qualified military service--Return to employment after discharge.
- § 3-12C-515 Death or disability of member on leave of absence due to qualified military service--Return to service date and benefits.
- § 3-12C-516 Members receiving differential wage payments.
- § 3-12C-517 Valuation of purchased prior service credit--Installment payments--Death of member--Adjustment when installments not paid.
- § 3-12C-518 Conversion of credited service.
- § 3-12C-519 Purchase of certain public service as Class B service.
- § 3-12C-520 Prior service credit on return of nonvested member to employment
- § 3-12C-601 Retirement benefit to terminated member with vested right--Calculation.
- § 3-12C-602 Withdrawal of accumulated contributions on leaving covered employment--Exception.
- § 3-12C-603 Distribution by direct rollover.
- § 3-12C-604 Contributions left in system on termination of employment without vested right--Maximum period--Forfeiture.
- § 3-12C-605 Uncollected payments from system--Reversion.
- § 3-12C-606 Reinstatement of terminated rights.
- § 3-12C-607 Early withdrawal precludes additional refund.
- § 3-12C-608 Eligibility for benefits upon becoming full-time employee within twelve months after withdrawal
- § 3-12C-701 Benefits only payable monthly--Lump-sum payments prohibited unless specified.
- § 3-12C-702 Person's birthday for purposes of eligibility.
- § 3-12C-703 Benefits increased by COLA--Increase elimination.
- § 3-12C-704 Determination of COLA payable.
- § 3-12C-705 Date of application of prorated payment of COLA.
- § 3-12C-706 Modified monthly benefit permitted.
- § 3-12C-707 Highest annual compensation.
- § 3-12C-708 Time of termination of benefits.
- § 3-12C-709 Duplicate benefits prohibited unless from another member's contributions.
- § 3-12C-710 Member who leaves employment--Spouse and minor children.
- § 3-12C-711 Rules regulating maximum annual benefit--Tax qualification--Limitation year defined.
- § 3-12C-712 Compensation limits in Internal Revenue Code ยง 401(a)(17).
- § 3-12C-713 Excess contributions defined--Payment of excess contributions and credited investment return
- § 3-12C-801 Criteria for determining disability--Uniform application.
- § 3-12C-802 Disability documentation inadmissible for proceedings relative to workers' compensation.
- § 3-12C-803 Disability benefits eligibility--Applications before July 1, 2015--Required information--Filing deadline.
- § 3-12C-804 Employer certification of inability to provide effective accommodations or comparable employment--Applications before July 1, 2015.
- § 3-12C-805 Amount of monthly disability benefit--Applications before July 1, 2015.
- § 3-12C-806 Elimination or addition of disability benefit pertaining to children--Applications before July 1, 2015.
- § 3-12C-807 Deduction of other public benefits from disability benefit--Reduction when children become ineligible--Applications before July 1, 2015.
- § 3-12C-808 Conversion of disability benefit to retirement benefit at retirement age--Applications before July 1, 2015.
- § 3-12C-809 Termination of disability benefit based on application before July 1, 2015.
- § 3-12C-810 Maximum amount of disability benefit--Reporting earned income--Applications before July 1, 2015.
- § 3-12C-811 Disability benefits for applications received after June 30, 2015.
- § 3-12C-812 Disability benefits eligibility.
- § 3-12C-813 Application for disability benefits--Required information--Filing deadline.
- § 3-12C-814 Employer certification of inability to provide accommodations or comparable employment.
- § 3-12C-815 Health care provider certification of disability.
- § 3-12C-816 Advice of disability advisory committee--Independent examination or assessment--Notice of disapproval of application.
- § 3-12C-817 Notice of approval of disability benefits--Commencement of benefits.
- § 3-12C-818 Calculation of disability benefits for foundation members.
- § 3-12C-819 Disability benefits for generational members.
- § 3-12C-820 No credited service for disability benefit period.
- § 3-12C-821 Contributions for period of employment while receiving disability benefits.
- § 3-12C-822 Termination of disability benefits.
- § 3-12C-823 Contributions upon return to covered employment.
- § 3-12C-824 Retirement benefit of member who received disability benefits and returned to covered employment.
- § 3-12C-825 Retirement benefit of member whose disability benefits were terminated but who did not return to covered employment.
- § 3-12C-826 Family benefit where member dies before normal retirement age while receiving disability benefits.
- § 3-12C-827 Surviving spouse benefit where member received disability benefits.
- § 3-12C-828 Surviving spouse benefit where member dies after normal retirement age while receiving disability benefits
- § 3-12C-901 Family and surviving spouse benefits on death of contributing member before retirement or death of member receiving disability based on application before July 1, 2015.
- § 3-12C-902 Benefits payment on minor's behalf to be made to custodian or conservator.
- § 3-12C-903 Benefits payable directly to child at age eighteen--Elimination upon ineligibility.
- § 3-12C-904 Elimination of family benefit as children become ineligible.
- § 3-12C-905 Deductions of member's primary social security from benefits.
- § 3-12C-906 Family benefits in lieu of other death benefits--Election by designated beneficiary to withdraw accumulated contributions.
- § 3-12C-907 Family benefit of deceased member who was working
- § 3-12C-1001 Election of additional survivor protection--Commencement and termination of additional contribution.
- § 3-12C-1002 Extension of survivor protection option to current contributing members--Limitation on future extensions.
- § 3-12C-1003 New enrollments in additional survivor protection prohibited.
- § 3-12C-1004 Amount of additional survivor protection benefits--Termination
- § 3-12C-1101 Final average compensation for foundation members whose contributory service concluded before July 1, 2021.
- § 3-12C-1102 Limitations on final average compensation for foundation members whose contributory service concluded before July 1, 2020.
- § 3-12C-1103 Final average compensation for foundation members whose contributory service concludes after June 30, 2021.
- § 3-12C-1104 Limitations on final average compensation for foundation members whose contributory service concludes after June 30, 2020.
- § 3-12C-1105 Normal retirement age for foundation members.
- § 3-12C-1106 Normal retirement benefit for foundation members for Class A credited service.
- § 3-12C-1107 Normal retirement benefit for foundation members for Class B credited service other than justice, judge, or magistrate judge.
- § 3-12C-1108 Normal retirement benefit for foundation members for Class B credited service as justice, judge, or magistrate judge.
- § 3-12C-1109 Adjustments in benefit for certain retirees based on time and circumstances of retirement.
- § 3-12C-1110 Reduction age defined for foundation members.
- § 3-12C-1111 Early retirement benefits for foundation members.
- § 3-12C-1112 Adjustment of early retirement benefits for foundation members who retire before eligible for social security.
- § 3-12C-1113 Effective date of retirement benefit of foundation member--Last payment--Retroactive retirement benefits.
- § 3-12C-1114 Surviving spouse benefit of retired foundation member.
- § 3-12C-1115 Amount of surviving spouse benefit for foundation member.
- § 3-12C-1116 Early surviving spouse benefit for foundation member's spouse
- § 3-12C-1201 Final average compensation defined for generational members.
- § 3-12C-1202 Limitations on final average compensation for generational members.
- § 3-12C-1203 Normal retirement age for generational members.
- § 3-12C-1204 Normal retirement benefit for generational members for Class A credited service.
- § 3-12C-1205 Normal retirement benefit for generational members for Class B credited service other than justice, judge, or magistrate judge.
- § 3-12C-1206 Normal retirement benefit for generational members for Class B credited service as justice, judge, or magistrate judge.
- § 3-12C-1207 Early retirement benefits for generational members.
- § 3-12C-1208 Application for retirement benefit required.
- § 3-12C-1209 Monthly benefit options for generational members.
- § 3-12C-1210 Irrevocable benefit election by generational members.
- § 3-12C-1211 Effective date of retirement benefit of generational member--Last payment.
- § 3-12C-1212 Retroactive retirement benefits for generational members.
- § 3-12C-1213 Surviving spouse benefit of retired generational member.
- § 3-12C-1214 Surviving spouse benefit of generational member dying after normal retirement age but before benefit starts.
- § 3-12C-1215 Amount of surviving spouse benefit for generational member.
- § 3-12C-1216 Early surviving spouse benefit for generational member's spouse
- § 3-12C-1301 Variable retirement accounts of generational members--Contributions and credited investment return.
- § 3-12C-1302 Variable retirement contributions of generational members.
- § 3-12C-1303 Distributions from generational member's variable retirement account
- § 3-12C-1401 Reemployment of retired member--Termination of relationship with initial participating unit--Hiring procedures.
- § 3-12C-1402 Suspension of retirement benefit during reemployment before July 1, 2004--Recalculation of additional benefit.
- § 3-12C-1403 Retirement benefits for members who reentered covered employment after June 30, 2004 and before April 1, 2010.
- § 3-12C-1404 Suspension of retirement benefit during reemployment for members who reentered employment between July 1, 2004 and April 1, 2010--Benefit upon subsequent retirement.
- § 3-12C-1405 Retired member who reenters covered employment--Benefits and membership.
- § 3-12C-1406 Invalid retirement--Repayment of retirement benefit payments
- § 3-12C-1501 Supplemental pension benefit created.
- § 3-12C-1502 Interest rate assumption--Suspension of new supplemental pension contracts--No right to particular price.
- § 3-12C-1503 Rollover of funds--Single premium--Contract effective upon signing--Payment of benefits.
- § 3-12C-1504 Types of supplemental pension benefits.
- § 3-12C-1505 Annual increase in supplemental pension benefits.
- § 3-12C-1506 Death of participant or spouse--Lump sum distribution to beneficiaries--Time for making claim.
- § 3-12C-1507 Contract purchases and benefit payments deemed qualified plan distributed annuity contracts.
- § 3-12C-1508 Minimum distribution rules and annual benefit limitations.
- § 3-12C-1509 Applicability of certain retirement system provisions.
- § 3-12C-1510 Exemption from Title 58 and from securities and agent registration
- § 3-12C-1601 Previous retirement systems consolidated--Purpose.
- § 3-12C-1602 Intent to provide increased benefits to previously retired members of systems.
- § 3-12C-1603 Increase in benefits for previously retired members of systems.
- § 3-12C-1604 Adjustment of increase for retired members electing optional payment or early retirement.
- § 3-12C-1605 Previously retired members paid from consolidated fund.
- § 3-12C-1606 Members of consolidated systems entitled to benefits of prior law--Retention of Codified Laws.
- § 3-12C-1607 Amount of benefits for justice or judge mandatorily retired.
- § 3-12C-1608 Board of Regents employees--Definition of balances.
- § 3-12C-1609 Existing regents' contracts preserved--Expansion of retirement plan--Transition.
- § 3-12C-1610 Contract for purchase of service for Board of Regents.
- § 3-12C-1611 Contributory service credited to Board of Regents employees--Eligibility of nonparticipating employees--Qualification for prior credited service.
- § 3-12C-1612 Normal retirement allowance reduced by actuarial equivalent--Deposit of individual balance--Member contributions.
- § 3-12C-1613 Allowance to surviving spouse of law enforcement officer retired for disability.
- § 3-12C-1614 Department of Labor and Regulation employees--Membership in system--Benefits and credited service.
- § 3-12C-1615 Rapid City firefighter membership in system--Benefits and credited service.
- § 3-12C-1616 Rapid City firefighter retirement benefits--Normal retirement age.
- § 3-12C-1617 Payments from public employees retirement fund to Rapid City firefighters.
- § 3-12C-1618 Payments by Rapid City.
- § 3-12C-1619 Crediting of transfers from Rapid City pension fund.
- § 3-12C-1620 Retirement benefits for certain city of Aberdeen employees.
- § 3-12C-1621 Aberdeen firefighters to participate in system.
- § 3-12C-1622 Eligible benefits for Aberdeen firefighters.
- § 3-12C-1623 Amount to be paid by municipality of Aberdeen.
- § 3-12C-1624 Funds from Aberdeen municipality considered member contributions.
- § 3-12C-1625 Watertown firefighters pension fund members--Credited service.
- § 3-12C-1626 Watertown firefighters benefits paid from the system--Minimum benefit.
- § 3-12C-1627 Payments by Watertown.
- § 3-12C-1628 Crediting transfers from city of Watertown firemen pension fund.
- § 3-12C-1629 Mitchell firefighters as members of system.
- § 3-12C-1630 Benefits for Mitchell firefighters.
- § 3-12C-1631 Calculation of Mitchell firefighter benefits.
- § 3-12C-1632 Amount of payment to system by city of Mitchell.
- § 3-12C-1633 Transfer of city of Mitchell firemen's pension plan funds as member contributions.
- § 3-12C-1634 Information required of city of Mitchell.
- § 3-12C-1635 Huron firefighters as members of system.
- § 3-12C-1636 Benefits for Huron firefighters.
- § 3-12C-1637 Calculation of Huron firefighter benefits.
- § 3-12C-1638 Amount of payment to system by City of Huron.
- § 3-12C-1639 Transfer of city of Huron firemen's pension plan funds as member contributions.
- § 3-12C-1640 Information required of city of Huron.
- § 3-12C-1641 Election by municipality of Sioux Falls to be participating unit.
- § 3-12C-1642 Transfer of funds in cement plan retirement fund.
- § 3-12C-1643 Members of cement plant retirement plan to be Class C members of system.
- § 3-12C-1644 Class C members to receive benefits as provided under cement plant retirement plan.
- § 3-12C-1645 Funds transferred from cement plant retirement fund considered member contributions.
- § 3-12C-1646 Payment of benefits and operational expenses related to Class C members.
- § 3-12C-1647 Promulgation of rules to administer retirement benefits for Class C members.
- § 3-12C-1648 Member election to receive lump sum trustee-to-trustee payment in lieu of monthly payments.
- § 3-12C-1649 Surviving spouse election to receive lump sum trustee-to-trustee payment in lieu of monthly payments
- § 3-12C-1701 Correctional security staff benefits.
- § 3-12C-1702 Calculation of benefits for sheriffs and deputies--Prior elective rights preserved.
- § 3-12C-1703 Calculation of benefits of parole agent.
- § 3-12C-1704 Calculating benefits of air rescue firefighter.
- § 3-12C-1705 Foundation member conservation officers.
- § 3-12C-1706 Benefits of conservation officers employed by Department of Game, Fish and Parks, Division of Custer State Park, and park rangers--Credited service.
Disclaimer: These codes may not be the most recent version. South Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.