Distribution by direct rollover.

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3-12C-603. Distribution by direct rollover.

A member who elects to withdraw accumulated contributions as provided in §3-12C-602, or a member's surviving spouse or nonspouse beneficiary who receives a lump-sum payment pursuant to §3-12C-409, may receive the distribution directly. Eligible rollover distributions may be transferred by the system in a direct rollover to no more than one eligible retirement plan identified by a member, a member's surviving spouse, or a member's nonspouse beneficiary if the individual so elects. The board shall promulgate rules pursuant to chapter 1-26 to comply with federal mandates regarding rollover distributions. The system is not required to make an independent determination as to whether the plan identified by a member, surviving spouse, or nonspouse beneficiary qualifies as an eligible retirement plan. By electing a direct rollover and identifying the eligible retirement plan to which an eligible rollover distribution is to be made, a member, surviving spouse, or nonspouse beneficiary represents to the system that the identified plan qualifies as an eligible retirement plan. If a member, surviving spouse, or nonspouse beneficiary does not elect a direct rollover, the distribution shall be issued in the name of, and directly to, that person.

Source: SL 1993, ch 42, §5; SL 1995, ch 24, §17; SL 1998, ch 15, §7; SL 2009, ch 20, §2; SDCL §3-12-76.3; SL 2019, ch 22, §1.


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