Family benefit where member dies before normal retirement age while receiving disability benefits.

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3-12C-826. Family benefit where member dies before normal retirement age while receiving disability benefits.

Upon the death of a member receiving disability benefits, who dies prior to normal retirement age, a family benefit shall be paid on behalf of any eligible child of the member. The monthly amount of the family benefit is the amount of the monthly disability benefits the member received before death. The monthly family benefit shall be equally apportioned among any eligible children of the member and shall be paid on behalf of any child to the conservator or custodian of the child, as applicable. However, if the child is eighteen years of age the benefit is payable directly to the child. As a child becomes ineligible, the family benefit shall be reallocated among any remaining eligible children of the deceased member. The family benefit terminates if there are no eligible children of the deceased member.

Source: SL 2014, ch 20, §14; SL 2016, ch 31, §41; SDCL §3-12-214; SL 2019, ch 22, §§35, 45.


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