Termination of disability benefit based on application before July 1, 2015.

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3-12C-809. Termination of disability benefit based on application before July 1, 2015.

A member's disability benefit that was based on an application received by the system prior to July 1, 2015, shall terminate thirty days after the earliest of the following:

(1)The member no longer is disabled;

(2)The member no longer is subject to the medical condition that caused the disability;

(3)The member refuses to undergo a medical examination requested by the system for the purpose of reviewing the medical condition that caused the disability;

(4)The member returns to continuous employment in the position the member held prior to becoming disabled; or

(5)The member returns to continuous employment in a position of comparable level to the position the member held prior to becoming disabled.

However, a member's disability benefit shall terminate immediately if the member's disability benefit is converted to a service retirement benefit pursuant to §3-12C-808.

Source: SL 2006, ch 19, §1; SL 2014, ch 20, §29; SDCL §3-12-103.1; SL 2019, ch 22, §1.


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