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South Dakota Retirement System
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Section
3-12C-101
Definitions.
Section
3-12C-102
Actuarial equivalent defined.
Section
3-12C-103
Child defined.
Section
3-12C-104
COLA or cost of living adjustment defined.
Section
3-12C-105
Compensation defined.
Section
3-12C-106
Contributing member defined.
Section
3-12C-107
Disability defined.
Section
3-12C-108
Effective rate of interest defined.
Section
3-12C-109
Minimum actuarial requirement to support benefits defined.
Section
3-12C-110
Spouse defined.
Section
3-12C-111
Terminated defined.
Section
3-12C-112
Vested defined.
Section
3-12C-201
Citation of chapter.
Section
3-12C-202
System managed by board--Standard of conduct--Legal advice.
Section
3-12C-203
Board of Trustees created--Composition.
Section
3-12C-204
Election of trustees--Terms of office.
Section
3-12C-205
Resignation of trustee due to loss of qualifying status--Filling of vacancy.
Section
3-12C-206
Oath of office of trustees.
Section
3-12C-207
Compensation and expenses of trustees.
Section
3-12C-208
Meetings of board--Chair and vice chair--Votes required for decision.
Section
3-12C-209
Appointment of executive director--Compensation--Employment of personnel--Bond.
Section
3-12C-210
Expense fund continued--Transfer from retirement system fund--Report of budget--Appropriation and disbursement for expenses.
Section
3-12C-211
Rules for administration.
Section
3-12C-212
Applications for membership or benefits--Picture identification required.
Section
3-12C-213
Grievance procedure--Administrative and judicial review.
Section
3-12C-214
Correction of records--Adjustment for underpayment or overpayment--Limitation.
Section
3-12C-215
Confidentiality of records--Exceptions.
Section
3-12C-216
Exemption of contributions and benefits from taxation and process.
Section
3-12C-217
Domestic relations orders--Determination as to whether qualified--Restrictions on provisions.
Section
3-12C-218
Business name of system--Treasurer.
Section
3-12C-219
Use of fund restricted.
Section
3-12C-220
Diversion of funds prohibited--Legislative policy.
Section
3-12C-221
Rights of members on termination of system or discontinuance of contributions.
Section
3-12C-222
Application of forfeitures.
Section
3-12C-223
Investment of assets by investment council--Pooling of funds--Standards for investment--Compliance with federal divestiture enactments.
Section
3-12C-224
Quadrennial independent report on investment performance.
Section
3-12C-225
Review of investment policy when return lower than average--Report to Governor and Legislature.
Section
3-12C-226
Annual actuarial valuation of system--Scope of valuation.
Section
3-12C-227
Actuarial assumptions on which valuation based--Report of change.
Section
3-12C-228
Funding of system--Review--Report--Corrective action.
Section
3-12C-229
Annual report of funded status of system.
Section
3-12C-230
Record of board proceedings--Annual report .
Section
3-12C-301
Members of system.
Section
3-12C-302
Membership in system--Exclusions.
Section
3-12C-303
Newly elected officials permitted to join system--Requirements--Credited service.
Section
3-12C-304
Continuation of previously established retirement plan--Vote of employees required to participate in consolidated system.
Section
3-12C-305
Newly established retirement plans of political subdivisions and public corporations to participate in consolidated system.
Section
3-12C-306
Election by political subdivision or public corporation to participate in consolidated system.
Section
3-12C-307
Coverage of joint employees of participating and nonparticipating political subdivisions.
Section
3-12C-308
Accrued benefit deposit required when political subdivision or public corporation joins consolidated system--Participation by employees--Deferred payment of deposit.
Section
3-12C-309
Effective date of participation of employees of participating unit.
Section
3-12C-310
Privatization of governmental function.
Section
3-12C-401
Rate of contributions--Deduction from pay--Employer to make members' contributions.
Section
3-12C-402
Additional contribution for foundation members by participating unit.
Section
3-12C-403
Monthly transmission of contributions--Deposit in fund.
Section
3-12C-404
Deduction of delinquent contributions from payments due from state--Penalty and interest.
Section
3-12C-405
Service records and employee information furnished by employers.
Section
3-12C-406
Knowing transmission of report with excluded compensation as misdemeanor.
Section
3-12C-407
Accumulated contributions defined for foundation members.
Section
3-12C-408
Accumulated contributions defined for generational members.
Section
3-12C-409
Refund of unpaid accumulated contributions upon termination--Reversion of unclaimed payments to system.
Section
3-12C-410
Lump-sum payments where designated beneficiary does not survive member--Reversion to system of unclaimed payments.
Section
3-12C-501
Uniform application of service credit rules.
Section
3-12C-502
Credited service defined for foundation members.
Section
3-12C-503
Credited service defined for generational members.
Section
3-12C-504
Purchase of prior service credit--Calculation of amount due.
Section
3-12C-505
Prospective increase for credited service related to years of noncontributory service.
Section
3-12C-506
Refund for purchase cost of noncontributing service.
Section
3-12C-507
Repealed.
Section
3-12C-508
Repealed.
Section
3-12C-509
Purchase of prior service credit for public service not covered by retirement plan.
Section
3-12C-510
Acquisition of credited service through transfer of funds--Requirements.
Section
3-12C-511
Purchase of nonqualified permissive service credit allowed.
Section
3-12C-512
Acquisition of credited service for members mobilized into certain federal military service.
Section
3-12C-513
Service credit for leave of absence--Contributions to cover period of absence.
Section
3-12C-514
Credited service for leave of absence due to qualified military service--Return to employment after discharge.
Section
3-12C-515
Death or disability of member on leave of absence due to qualified military service--Return to service date and benefits.
Section
3-12C-516
Members receiving differential wage payments.
Section
3-12C-517
Valuation of purchased prior service credit--Installment payments--Death of member--Adjustment when installments not paid.
Section
3-12C-518
Conversion of credited service.
Section
3-12C-519
Purchase of certain public service as Class B service.
Section
3-12C-520
Prior service credit on return of nonvested member to employment.
Section
3-12C-601
Retirement benefit to terminated member with vested right--Calculation.
Section
3-12C-602
Withdrawal of accumulated contributions on leaving covered employment--Picture identification required--Limitation.
Section
3-12C-603
Distribution by direct rollover.
Section
3-12C-604
Contributions left in system on termination of employment without vested right--Maximum period--Forfeiture.
Section
3-12C-605
Uncollected payments from system--Reversion.
Section
3-12C-606
Reinstatement of terminated rights.
Section
3-12C-607
Early withdrawal precludes additional refund.
Section
3-12C-608
Eligibility for benefits upon becoming full-time employee within twelve months after withdrawal.
Section
3-12C-701
Benefits only payable monthly--Lump-sum payments prohibited unless specified.
Section
3-12C-702
Person's birthday for purposes of eligibility.
Section
3-12C-703
COLA applied to benefits--COLA elimination.
Section
3-12C-704
Determination of COLA payable.
Section
3-12C-705
Date of application of prorated payment of COLA.
Section
3-12C-706
Modified monthly benefit permitted.
Section
3-12C-707
Highest annual compensation .
Section
3-12C-708
Time of termination of benefits.
Section
3-12C-709
Duplicate benefits prohibited unless from another member's contributions.
Section
3-12C-710
Member who leaves employment--Spouse and minor children.
Section
3-12C-711
Rules regulating maximum annual benefit--Tax qualification--Limitation year defined.
Section
3-12C-712
Compensation limits in Internal Revenue Code § 401(a)(17) .
Section
3-12C-713
Contribution credit defined--Payment of contribution credit and credited investment return.
Section
3-12C-801
Criteria for determining disability--Uniform application.
Section
3-12C-802
Disability documentation inadmissible for proceedings relative to workers' compensation.
Section
3-12C-803
Disability benefits eligibility--Applications before July 1, 2015--Required information--Filing deadline.
Section
3-12C-804
Employer certification of inability to provide effective accommodations or comparable employment--Applications before July 1, 2015.
Section
3-12C-805
Amount of monthly disability benefit--Applications before July 1, 2015.
Section
3-12C-806
Elimination or addition of disability benefit pertaining to children--Applications before July 1, 2015.
Section
3-12C-807
Deduction of other public benefits from disability benefit--Reduction when children become ineligible--Applications before July 1, 2015.
Section
3-12C-808
Conversion of disability benefit to retirement benefit at retirement age--Applications before July 1, 2015.
Section
3-12C-809
Termination of disability benefit based on application before July 1, 2015.
Section
3-12C-810
Maximum amount of disability benefit--Reporting earned income--Applications before July 1, 2015.
Section
3-12C-811
Disability benefits for applications received after June 30, 2015 .
Section
3-12C-812
Disability benefits eligibility .
Section
3-12C-813
Application for disability benefits--Required information--Filing deadline.
Section
3-12C-814
Employer certification of inability to provide accommodations or comparable employment.
Section
3-12C-815
Health care provider certification of disability.
Section
3-12C-816
Advice of disability advisory committee--Independent examination or assessment--Notice of disapproval of application.
Section
3-12C-817
Notice of approval of disability benefits--Commencement of benefits.
Section
3-12C-818
Calculation of disability benefits for foundation members.
Section
3-12C-819
Disability benefits for generational members.
Section
3-12C-820
No credited service for disability benefit period.
Section
3-12C-821
Contributions for period of employment while receiving disability benefits.
Section
3-12C-822
Termination of disability benefits.
Section
3-12C-823
Contributions upon return to covered employment.
Section
3-12C-824
Retirement benefit of member who received disability benefits and returned to covered employment.
Section
3-12C-825
Retirement benefit of member whose disability benefits were terminated but who did not return to covered employment.
Section
3-12C-826
Family benefit where member dies before normal retirement age while receiving disability benefits.
Section
3-12C-827
Surviving spouse benefit where member received disability benefits .
Section
3-12C-828
Surviving spouse benefit where member dies after normal retirement age while receiving disability benefits.
Section
3-12C-901
Family and surviving spouse benefits--Death of contributing member before retirement or death of member receiving disability based on application before July 1, 2015--Amount of benefit--Effective date.
Section
3-12C-902
Benefits payment on minor's behalf to be made to custodian or conservator.
Section
3-12C-903
Benefits payable directly to child at age eighteen--Elimination upon ineligibility.
Section
3-12C-904
Elimination of family benefit as children become ineligible.
Section
3-12C-905
Deductions of member's primary social security from benefits.
Section
3-12C-906
Family benefits in lieu of other death benefits--Election by designated beneficiary to withdraw accumulated contributions.
Section
3-12C-907
Family benefit--Deceased member who was working--Total benefit--Effective date.
Section
3-12C-1001
Election of additional survivor protection--Commencement and termination of additional contribution.
Section
3-12C-1002
Extension of survivor protection option to current contributing members--Limitation on future extensions.
Section
3-12C-1003
New enrollments in additional survivor protection prohibited.
Section
3-12C-1004
Amount of additional survivor protection benefits--Termination.
Section
3-12C-1101
Final average compensation for foundation members whose contributory service concluded before July 1, 2021.
Section
3-12C-1102
Limitations on final average compensation for foundation members whose contributory service concluded before July 1, 2020.
Section
3-12C-1103
Final average compensation for foundation members whose contributory service concludes after June 30, 2021.
Section
3-12C-1104
Limitations on final average compensation for foundation members whose contributory service concludes after June 30, 2020.
Section
3-12C-1105
Normal retirement age for foundation members.
Section
3-12C-1106
Normal retirement benefit for foundation members for Class A credited service.
Section
3-12C-1107
Normal retirement benefit for foundation members for Class B credited service other than justice, judge, or magistrate judge.
Section
3-12C-1108
Normal retirement benefit for foundation members for Class B credited service as justice, judge, or magistrate judge.
Section
3-12C-1109
Adjustments in benefit for certain retirees based on time and circumstances of retirement.
Section
3-12C-1110
Reduction age defined for foundation members.
Section
3-12C-1111
Early retirement benefits for foundation members.
Section
3-12C-1112
Adjustment of early retirement benefits for foundation members who retire before eligible for social security.
Section
3-12C-1113
Effective date of retirement benefit of foundation member--Last payment--Retroactive retirement benefits.
Section
3-12C-1114
Surviving spouse benefit--Retired foundation member--Effective dates.
Section
3-12C-1115
Surviving spouse benefit--Foundation member--Calculation of benefit.
Section
3-12C-1116
Early surviving spouse benefit for foundation member's spouse.
Section
3-12C-1201
Final average compensation defined for generational members.
Section
3-12C-1202
Limitations on final average compensation for generational members.
Section
3-12C-1203
Normal retirement age for generational members.
Section
3-12C-1204
Normal retirement benefit for generational members for Class A credited service.
Section
3-12C-1205
Normal retirement benefit for generational members for Class B credited service other than justice, judge, or magistrate judge.
Section
3-12C-1206
Normal retirement benefit for generational members for Class B credited service as justice, judge, or magistrate judge.
Section
3-12C-1207
Early retirement benefits for generational members.
Section
3-12C-1208
Application for retirement benefit required--Picture identification required.
Section
3-12C-1209
Monthly benefit options for generational members.
Section
3-12C-1210
Irrevocable benefit election by generational members.
Section
3-12C-1211
Effective date of retirement benefit of generational member--Last payment.
Section
3-12C-1212
Retroactive retirement benefits for generational members.
Section
3-12C-1213
Surviving spouse benefit--Retired generational member--Amount of benefit.
Section
3-12C-1214
Surviving spouse benefit--Generational member dying after normal retirement age but before start of benefit--Amount of benefit.
Section
3-12C-1215
Amount of surviving spouse benefit for generational member.
Section
3-12C-1216
Early surviving spouse benefit for generational member's spouse.
Section
3-12C-1301
Variable retirement accounts of generational members--Contributions and credited investment return.
Section
3-12C-1302
Variable retirement contributions of generational members.
Section
3-12C-1303
Distributions from generational member's variable retirement account.
Section
3-12C-1400
Three consecutive calendar months of separation described.
Section
3-12C-1401
Reemployment of retired member--Separation of service required--Hiring procedures.
Section
3-12C-1401.1
Reemployment of retired member--Limited exception to separation of service requirement.
Section
3-12C-1402
Suspension of retirement benefit during reemployment before July 1, 2004--Recalculation of additional benefit.
Section
3-12C-1403
Retirement benefits for members who reentered covered employment after June 30, 2004 and before April 1, 2010.
Section
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.
Section
3-12C-1405
Retired members--Reentrance to covered employment--Benefits and membership.
Section
3-12C-1405.1
Reemployment of retired member--Limited exception to benefit and membership provisions for part-time employment.
Section
3-12C-1405.2
Reemployment of retired member--Employer tracking.
Section
3-12C-1406
Invalid retirement--Repayment of retirement benefit payments.
Section
3-12C-1501
Supplemental pension benefit created.
Section
3-12C-1502
Interest rate assumption--Suspension of new supplemental pension contracts--No right to particular price.
Section
3-12C-1503
Rollover of funds--Single premium--Contract effective upon signing--Payment of benefits.
Section
3-12C-1504
Types of supplemental pension benefits.
Section
3-12C-1505
COLA applicable to supplemental pension benefits.
Section
3-12C-1506
Death of participant or spouse--Lump sum distribution to beneficiaries--Time for making claim.
Section
3-12C-1507
Contract purchases and benefit payments deemed qualified plan distributed annuity contracts.
Section
3-12C-1508
Minimum distribution rules--Annual benefit limitations.
Section
3-12C-1509
Applicability of certain retirement system provisions.
Section
3-12C-1510
Exemption from Title 58 and from securities and agent registration.
Section
3-12C-1601
Previous retirement systems consolidated--Purpose.
Section
3-12C-1602
Intent to provide increased benefits to previously retired members of systems.
Section
3-12C-1603
Increase in benefits for previously retired members of systems.
Section
3-12C-1604
Adjustment of increase for retired members electing optional payment or early retirement.
Section
3-12C-1605
Previously retired members paid from consolidated fund.
Section
3-12C-1606
Members of consolidated systems entitled to benefits of prior law--Retention of Codified Laws.
Section
3-12C-1607
Amount of benefits for justice or judge mandatorily retired.
Section
3-12C-1608
Board of Regents employees--Definition of balances.
Section
3-12C-1609
Existing regents' contracts preserved--Expansion of retirement plan--Transition.
Section
3-12C-1610
Contract for purchase of service for Board of Regents.
Section
3-12C-1611
Contributory service credited to Board of Regents employees--Eligibility of nonparticipating employees--Qualification for prior credited service.
Section
3-12C-1612
Normal retirement allowance reduced by actuarial equivalent--Deposit of individual balance--Member contributions.
Section
3-12C-1613
Allowance to surviving spouse of law enforcement officer retired for disability.
Section
3-12C-1614
Repealed.
Section
3-12C-1615
Rapid City firefighter membership in system--Benefits and credited service.
Section
3-12C-1616
Rapid City firefighter retirement benefits--Normal retirement age.
Section
3-12C-1617
Payments from public employees retirement fund to Rapid City firefighters.
Section
3-12C-1618
Payments by Rapid City.
Section
3-12C-1619
Crediting of transfers from Rapid City pension fund.
Section
3-12C-1620
Retirement benefits for certain city of Aberdeen employees.
Section
3-12C-1621
Aberdeen firefighters to participate in system.
Section
3-12C-1622
Eligible benefits for Aberdeen firefighters.
Section
3-12C-1623
Amount to be paid by municipality of Aberdeen.
Section
3-12C-1624
Funds from Aberdeen municipality considered member contributions.
Section
3-12C-1625
Watertown firefighters pension fund members--Credited service.
Section
3-12C-1626
Watertown firefighters benefits paid from the system--Minimum benefit.
Section
3-12C-1627
Payments by Watertown.
Section
3-12C-1628
Crediting transfers from city of Watertown firemen pension fund.
Section
3-12C-1629
Mitchell firefighters as members of system.
Section
3-12C-1630
Benefits for Mitchell firefighters.
Section
3-12C-1631
Calculation of Mitchell firefighter benefits.
Section
3-12C-1632
Amount of payment to system by city of Mitchell.
Section
3-12C-1633
Transfer of city of Mitchell firemen's pension plan funds as member contributions.
Section
3-12C-1634
Information required of city of Mitchell.
Section
3-12C-1635
Huron firefighters as members of system.
Section
3-12C-1636
Benefits for Huron firefighters.
Section
3-12C-1637
Calculation of Huron firefighter benefits.
Section
3-12C-1638
Amount of payment to system by City of Huron.
Section
3-12C-1639
Transfer of city of Huron firemen's pension plan funds as member contributions.
Section
3-12C-1640
Information required of city of Huron.
Section
3-12C-1641
Election by municipality of Sioux Falls to be participating unit.
Section
3-12C-1642
Transfer of funds in cement plan retirement fund.
Section
3-12C-1643
Members of cement plant retirement plan to be Class C members of system.
Section
3-12C-1644
Class C members to receive benefits as provided under cement plant retirement plan.
Section
3-12C-1645
Funds transferred from cement plant retirement fund considered member contributions.
Section
3-12C-1646
Payment of benefits and operational expenses related to Class C members.
Section
3-12C-1647
Promulgation of rules to administer retirement benefits for Class C members.
Section
3-12C-1648
Member election to receive lump sum trustee-to-trustee payment in lieu of monthly payments.
Section
3-12C-1649
Surviving spouse election to receive lump sum trustee-to-trustee payment in lieu of monthly payments.
Section
3-12C-1650
Department of Labor and Regulation employees' retirement plan--Membership with system--Class D.
Section
3-12C-1651
Class D membership--Benefits received.
Section
3-12C-1701
Correctional security staff benefits.
Section
3-12C-1702
Calculation of benefits for sheriffs and deputies--Prior elective rights preserved.
Section
3-12C-1703
Calculation of benefits of parole agent.
Section
3-12C-1704
Calculating benefits of air rescue firefighter.
Section
3-12C-1705
Foundation member conservation officers.
Section
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.
Section
3-12C-1801
Participant--Definition.
Section
3-12C-1802
Qualified benefit preservation arrangement--Definition.
Section
3-12C-1803
Qualified benefit preservations arrangement--Establishment--Purpose.
Section
3-12C-1804
Eligibility to participate.
Section
3-12C-1805
Benefit payable.
Section
3-12C-1806
Cost of living adjustment after benefit begins--Change in benefit payable.
Section
3-12C-1807
Qualified benefit preservation arrangement--Funding.
Section
3-12C-1808
Contributions.
Section
3-12C-1809
Qualified benefit preservation arrangement trust fund--Establishment--Purpose.
Section
3-12C-1810
Qualified benefit preservation arrangement assets--Income.
Section
3-12C-1811
Qualified benefit preservation arrangement--Administration.
Section
3-12C-1812
Qualified benefit preservation arrangement--No assignment.
Section
3-12C-1813
Conflicts.
Section
3-12C-1814
Limitation of rights.
Section
3-12C-1815
Erroneous payments--Corrections.
Section
3-12C-1816
Administration of benefit--Release and receipt.
Section
3-12C-1817
Reservation of power to change.
Section
3-12C-1901
General rule.
Section
3-12C-1902
Member's death after distributions begun.
Section
3-12C-1903
Member's death before required distributions begun.
Section
3-12C-1904
Incidental benefit rule.
Section
3-12C-1905
Reasonable and made in good faith.