TITLE 3
PUBLIC OFFICERS AND EMPLOYEES
Chapter
01 Qualification And Terms Of Office
01A Officers Statements Of Financial Interest
02 Deputies And Assistants
03 Veterans Preference In Employment
04 Vacancies In Office
05 Official Bonds
06 Conditions Of Employment [Repealed And Transferred]
06A Career Service Personnel Management System [Repealed]
06B Student Intern Program [Repealed]
06C State Employment General Provisions
06D State Civil Service
06E State Employees Health And Life Insurance
06F State Employees Drug Testing
07 Law Enforcement Civil Service [Repealed]
08 Compensation Of Officers And Employees
09 Travel Expenses And Allowances
10 Voluntary Salary Deductions
11 Social Security Coverage
12 South Dakota Retirement System [Repealed And Transferred]
12A Public Employees Health And Life Insurance [Repealed]
12B Senior Citizen Prescription Drug Benefit Program [Repealed]
12C South Dakota Retirement System
13 Deferred Compensation Plan For Public Employees
13A South Dakota Special Pay Retirement Program
13B State Cement Plant Employee Retirement [Repealed]
13C Department Of Labor And Regulation Employee Retirement
14 Expiration Of Term Of Office
15 Bribery And Interference With Officers [Repealed]
16 Malfeasance Misfeasance And Nonfeasance In Office
17 Removal From Office
18 Public Employees Unions
19 Indemnification Of Officers And Employees
20 Reduced Tuition At State Colleges And Universities
21 Liability Of Public Entities And Public Officials
22 Liability Coverage Program For Public Entities
23 Conflicts Of Interest
24 State Government Accountability Board
3-1-1
Officers to qualify as provided by chapters--Reelected incumbents.
3-1-1.1
Draft registration compliance required for hiring.
3-1-2
Time of commencement of term of office.
3-1-3
Time allowed for qualification after decision of contest or removal of obstruction.
3-1-4
Repealed.
3-1-5
Oath of office for civil officers--Bond.
3-1-6
Repealed.
3-1-7
Omitted.
3-1-8
Acting as officer without qualifying as misdemeanor--Validity of acts of de facto officer.
3-1-9
Falsely pretending to be public officer as misdemeanor.
3-1-10
Definitions.
CHAPTER 3-1A
OFFICERS' STATEMENTS OF FINANCIAL INTEREST
3-1A-1 Definition of terms.
3-1A-2 Additions and corrections filed on assumption of elective state office.
3-1A-3 Statements required of appointive state officers.
3-1A-4 Additions and corrections filed on assumption of elective local office.
3-1A-5 Forms provided--Value not required--Verification--Open to public inspection.
3-1A-5.1 Certain personally identifiable information of judicial officers not a public record.
3-1A-6 Violation as misdemeanor or petty offense.
3-2-1
Appointment of deputy to be in writing--Revocation--Filing.
3-2-2
Dual offices to be avoided in appointment of deputies.
3-2-3
Oath required of deputies and assistants.
3-2-4
Bond required of deputies and assistants.
CHAPTER 3-3
VETERANS' PREFERENCE IN EMPLOYMENT
3-3-1 Veterans preferred in public employment--Age or physical impairment not disqualifying--Veterans with service-connected disabilities preferred .
3-3-2 Investigation and interview of veteran applicants.
3-3-3 Mandamus available to enforce veterans' preference.
3-3-4 Restrictions on removal of veteran from employment--Hearing and review--Burden of proof.
3-3-5 Noncompliance as misdemeanor.
3-3-6 Confidential and policy-making positions exempt from chapter.
3-3-7 Unmarried spouse of deceased veteran--Entitlement to preference under certain conditions.
3-3-8 Spouse of disabled veteran--Entitlement to preference under certain conditions.
3-3-9 Distribution of information about state laws on veterans' preference in employment.
CHAPTER 3-4
VACANCIES IN OFFICE
3-4-1 Events causing vacancy in office.
3-4-2 Resignation of office--To whom made.
3-4-3 Appointments to fill vacancies--By whom made.
3-4-4 Filling vacancies in board of county commissioners.
3-4-5 Vacancies occurring immediately prior to election.
3-4-6 Appointments in writing--Duration of appointment--Filling of vacancies--Office where filed.
3-4-7 Qualification by persons appointed to fill vacancies.
3-4-8 Temporary resignation for members of National Guard or reserves--Notice--Temporary replacement--Length of term.
3-4-9 Temporary resignation of elected official--Notice--Temporary replacement--Length of term.
3-4-10 Replacement of vacancy on appointed board or commission--Time limitation--Person deemed reappointed.
3-4-11 Replacement of vacancy requiring consent of Senate--Time limitation--Person deemed reappointed.
3-5-1
Bonds of state officers and employees--Approval, recording, and safekeeping.
3-5-2
Bonds of county officers--Approval and filing.
3-5-3
Amount of bonds.
3-5-4
Sureties on bonds.
3-5-5
Premiums on corporate surety bonds.
3-5-5.1
Blanket or individual bonds for state officers and employees.
3-5-6
Limitation of liability by surety.
3-5-7
Reelected incumbent to account for funds and property before new bond approved.
3-5-8
Endorsement of approval of bonds.
3-5-9
Recording of bonds of county and precinct officers.
3-5-10
Repealed.
3-5-11
Bonds and oaths to cover all duties of office--Noncomplying bonds valid as to matter
contained.
3-5-12
New bond or restoration of bond becoming insufficient.
3-5-13
Bond found insufficient by county commissioners--Determination of sufficiency by
circuit court.
3-5-14
Local government purchase of bonds or insurance coverage for faithful performance
of officials and employees.
3-6-1 to 3-6-5. Repealed.
3-6-5.1 to 3-6-10.1. Repealed.
3-6-11 to 3-6-16. Repealed.
3-6-17
Transferred.
3-6-18 to 3-6-27. Repealed.
3-6-28
Repealed.
3-6-29
Repealed.
3-6-30 to 3-6-32. Repealed.
3-6A-1, 3-6A-2. Repealed.
3-6A-3
Repealed.
3-6A-4 to 3-6A-6. Repealed.
3-6A-7
Repealed.
3-6A-8 to 3-6A-19. Repealed.
3-6A-20
Repealed.
3-6A-21 to 3-6A-24. Repealed.
3-6A-25
Repealed.
3-6A-26 to 3-6A-33. Repealed.
3-6A-34
Repealed.
3-6A-35, 3-6A-36. Repealed.
3-6A-36.1, 3-6A-36.2. Repealed.
3-6A-37 to 3-6A-44. Repealed.
3-6A-45
Repealed.
3-6A-46
Repealed.
3-6A-47
Repealed.
3-6A-48
Repealed.
3-6A-49
Repealed.
3-6A-50
Repealed.
3-6A-51
Repealed.
3-6A-52
Repealed.
CHAPTER 3-6C
STATE EMPLOYMENT GENERAL PROVISIONS
3-6C-1 Definition of terms in chapters 3-6C to 3-6F.
3-6C-2 Human resources functions of bureau--Delegation.
3-6C-3 Temporary, patient, and student employees' holiday compensation.
3-6C-4 Vacation leave--Accrual and accumulation--Advanced leave.
3-6C-5 Repealed.
3-6C-6 Vacation on retirement or resignation--Lump-sum payment option--Payment upon death.
3-6C-7 Sick leave--Accrual and accumulation--Medical certificate--Vacation leave used for sickness--Personal emergency leave--Promulgation of rules.
3-6C-7.1 Paid family leave.
3-6C-8 Accrual of leave while receiving workers' compensation.
3-6C-9 Advanced sick leave.
3-6C-10 Workers' compensation not payable while on vacation or sick leave.
3-6C-11 Use of sick pay or vacation pay to supplement workers' compensation.
3-6C-12 Payment for accrued unused sick leave on termination of employment.
3-6C-13 Donation of accrued vested leave to another employee--Approval by bureau.
3-6C-14 Restrictions on donation of leave.
3-6C-15 Donation of vacation leave to recipient caring for terminally ill family member--Approval by bureau.
3-6C-16 Accrued leave transferred when employee transferred between agencies.
3-6C-17 Leave of absence without pay.
3-6C-18 Leave and other benefits--Promulgation of rules.
3-6C-19 Freedom of speech of officers and employees--Restrictive rules prohibited.
3-6C-20 Holiday benefit eligibility.
3-6C-21 Leave from work for American Red Cross disaster service volunteers.
3-6C-22 Disaster service not to affect other benefits.
3-6C-23 Appointing authority to have exclusive authority over final selection of employees.
3-6C-24 Personnel records.
3-6C-25 Student intern preference to South Dakota residents or students.
3-6C-26 Executive branch employees--Access to confidential information--Criminal background checks--Promulgation of rules.
3-6D-1
Civil Service Commission--Members--Appointment--Terms--Vacancies.
3-6D-2
Removal of commission member--Procedure.
3-6D-3
Meetings--Chair--Quorum--Law enforcement officer discipline.
3-6D-4
Employees covered by chapter--Exemptions.
3-6D-5
Protections for applicants and employees.
3-6D-6
Merit standards for personnel management actions.
3-6D-7
Promulgation of rules regarding recruitment, examination, selection, and promotion.
3-6D-8
Appointment of best qualified applicants--Eligibility lists--Misdemeanor.
3-6D-9
Delegation of administrative functions to institutions and departments.
3-6D-10
Promulgation of position classification rules.
3-6D-11
Promulgation of pay system rules.
3-6D-12
Payroll approval.
3-6D-13
Approval or rejection of labor contracts and settlements.
3-6D-14
Promulgation of rules governing discipline, conditions of work, and grievance
procedures.
3-6D-15
Grievances--Hearing--Notice--Summary disposition.
3-6D-16
Good cause for employee discipline--Order upholding or reversing agency decision.
3-6D-17
Award of back pay and benefits to employees disciplined without good cause--Reinstatement--Adverse impact on budget.
3-6D-18
Assistance of agencies--Agency level procedures.
3-6D-19
Records of administrative costs--Billing of agencies.
3-6D-20
Prohibited conduct by applicants--Misdemeanor.
3-6D-21
Interference with rights under chapter--Secret information--Misdemeanor.
3-6D-22
Grievance for retaliation against whistleblower.
3-6D-23
Probationary period--Dismissal without cause
.
3-6D-24
Records on law enforcement employees.
3-6D-25
Government Operations and Audit Committee to investigate matters referred by
Division of Criminal Investigation.
CHAPTER 3-6E
STATE EMPLOYEES' HEALTH AND LIFE INSURANCE
3-6E-1 Benefits plan for employees--Self-funded or group health insurance--Flexible benefit plan.
3-6E-2 Self-funded plan.
3-6E-3 Reinsurance.
3-6E-4 Enrollment of all eligible employees--Exception.
3-6E-5 Effective date of enrollment.
3-6E-6 Coverage of eligible dependents.
3-6E-7 Repealed
3-6E-8 State contributions to health plan--Crediting and disbursement.
3-6E-9 Employee contributions to benefits plan--Crediting and disbursement.
3-6E-10 Funds transferred to trust fund--Disbursements.
3-6E-11 Certificate of benefits.
3-6E-12 Persons to whom benefits payable.
3-6E-13 Promulgation of rules regarding benefits plan.
3-6E-14 State employee workers' compensation program--Crediting receipts and disbursement.
3-6E-15 State Cement Plant former employee workers' compensation claims.
3-6E-16 State contribution of workers' compensation premium--Crediting and disbursement.
3-6E-17 State employee workers' compensation program fund.
3-6E-18 Promulgation of rules regarding workers' compensation program.
3-6E-19 State Cement Plant former employee life insurance benefits.
CHAPTER 3-6F
STATE EMPLOYEES DRUG TESTING
3-6F-1 Drug screening program for applicants to certain positions--Program for employees in those positions.
3-6F-2 Solicitation for employment--Notice of drug screening program requirements.
3-6F-3 Confidentiality of results.
3-6F-4 Disclosure of information prohibited--Misdemeanor.
3-6F-5 Promulgation of rules.
3-7-1 to 3-7-3. Repealed.
3-7-4
Repealed.
3-7-5 to 3-7-7.1. Repealed.
3-7-8
Repealed.
3-7-9
Repealed.
3-7-10
Repealed.
3-7-11
Repealed.
3-7-12
Repealed.
3-7-13
Repealed.
3-7-14
Repealed.
3-7-14.1
Repealed.
3-7-15
Repealed.
3-7-16 to 3-7-18. Repealed.
3-7-19
Repealed.
3-7-20 to 3-7-25. Repealed.
CHAPTER 3-8
COMPENSATION OF OFFICERS AND EMPLOYEES
3-8-1 Constitutional officers to devote full time to office--Compensation limited to salaries--Businesses engaged in prior to taking office.
3-8-1.1 Repealed by SL 1992, ch 2, §§ 2 to 12.
3-8-1.13 Compensation defined.
3-8-2 Annual appropriation for salaries of constitutional officers.
3-8-2.1 Adjustment of salaries of constitutional officers and judges.
3-8-2.2 Additional adjustment of the salaries of the secretary of state, the state auditor, the state treasurer, the commissioner of school and public lands, the Governor, and the attorney general.
3-8-2.3 Additional adjustment of the salaries of justices and circuit judges.
3-8-3 Salaried state officer retaining money received as theft.
3-8-4 Dual salaries prohibited.
3-8-4.1 Salary or per diem prohibited for service by state employee on board, commission, committee, or council--Reimbursement of expenses.
3-8-4.2 Compensation permitted for other state employment--During off duty hours--During state active duty.
3-8-4.3 Compensation permitted for other state employment during unpaid leave of absence.
3-8-5 Repealed by SL 1973, ch 23, § 30.
3-8-5.1 Repealed by SL 1997, ch 23, §§ 2 to 5.
3-8-6 Time of payment of compensation and expenses of state officers and employees.
3-8-6.1 Repealed by SL 1971, ch 28, § 2.
3-8-6.2 Central payroll system administered by Bureau of Finance and Management--Rules and regulations.
3-8-6.3 Repealed by SL 2012, ch 24, § 1.
3-8-7 3-8-7. Repealed by SL 2014, ch 17, § 1.
3-8-8 Accrued compensation payable to spouse and children of deceased employee if estate exempt from creditors' claims.
3-8-9 Information required for payment to spouse or children of deceased employee.
3-8-10 Probate proceedings not required for payment to spouse or children of deceased employee--Discharge of liability.
3-8-11 Cancellation and replacement of warrant payable to deceased employee.
3-8-12 Salary increase of full-time elected official who may vote on own salary delayed.
3-8-13 Longevity pay for state employees.
3-8-14 Salary differences for certain National Guard and reserve members to be paid by state.
CHAPTER 3-9
TRAVEL EXPENSES AND ALLOWANCES
3-9-1 Mileage reimbursement--Private vehicle on state business--Individual with special needs--Publication.
3-9-1.1 Mileage reimbursement--Private vehicle on state business--Available state vehicle--Approval--Exceptions.
3-9-1.2 Mileage reimbursement--Designated city area.
3-9-2 Meals and lodging allowance--Maximum--Publication--Actual costs--Form--Hardship exemption.
3-9-2.1 Meals and lodging actual cost reimbursement regardless of whether away from residence or headquarters.
3-9-2.2 Home station meal expense reimbursement regardless of whether away from residence or headquarters.
3-9-2.3 Promulgation of rules regarding allowances for lodging, meals, and per diem.
3-9-2.4 Meals allowance--Uniformed highway patrol officers.
3-9-3 Trip insurance on flights.
3-9-4 Consent of responsible officer or department required for out-of-state travel.
3-9-5 Authorization of out-of-state travel by members and officers of Legislature.
3-9-5.1 Authorization of out-of-state travel by officers and employees of Department of Legislative Audit and Legislative Research Council.
3-9-5.2 Authorization of out-of-state travel by employees delegated by Board of Regents.
3-9-6 Delegation to responsible officers of power to authorize out-of-state travel--Federal regulations applicable.
3-9-7 Expenses for political meetings not reimbursable--Rules for receipt of expenses for attending fairs and other public meetings.
3-9-8 Accounting for reimbursable expenses--When receipts required.
3-9-9 Household moving allowance--State transfers--Eligibility and amount.
3-9-10 Claims for household moving allowance--State transfer or hire--Application form.
3-9-11 Travel and moving expenses--Promulgate rules--Prior approval required.
3-9-12 Household moving allowance--State hiring--Eligibility and amount.
3-9-13 Travel advances authorized.
3-9-14 Advances from appropriated funds--Limitation.
3-9-15 Itemized statement of expenses--Repayment of excess--Crediting of repayments.
3-9-16 Immediate accounting on termination of state employment.
3-9-17 Withholding from payments to employee not accounting for travel advance.
3-9-18 Rules governing travel advances.
3-9-19 Bank cards for employees--Annual fees--Rules.
3-10-1
Savings bond purchase programs authorized by public employers.
3-10-2
Salary deduction authorized by signature of married person or minor.
3-10-3
Accounting for funds deducted from salaries--Trust funds--Wage assignment
restrictions not applicable.
3-10-4
Participation in tax-sheltered annuities authorized--Salary deductions.
3-10-5
Withholding from salary and purchase of annuity--Periodic payments.
3-10-6
Purchase of life insurance to guarantee retirement annuities.
3-10-7
Transfer of previously owned annuity to payment by public employer.
3-10-8
Payroll deductions authorized by officer or employee--Adoption of rules.
3-11-1
Legislative policy.
3-11-2
Definition of terms.
3-11-3
Division in state auditor's office.
3-11-4
Administrator and employees of the division.
3-11-4.1
Payroll deductions authorized--Failure to deduct not release--Adjustment or refund
without interest.
3-11-5
State and subdivision employees covered by federal act--Subdivisions later brought
in.
3-11-6
Federal agreement authorized--Scope of agreement--Modification.
3-11-7
Payment of employer's share for state employees--Payroll deductions of state
employee's share--Disbursement.
3-11-8
Funds acceptable for reimbursement to state of employer contributions.
3-11-9
Fee-generating state agencies to pay employer contributions--Report.
3-11-10, 3-11-11. Repealed.
3-11-12
State institutions with income-producing auxiliary activities to pay employer
contributions--Report.
3-11-13
Political subdivisions to pay employer contributions.
3-11-14
Counties to budget for employer contributions.
3-11-15
County auditors to certify school districts annually.
3-11-16
Payment of subdivision contributions authorized--Payroll deductions.
3-11-17
Reports required of political subdivisions.
3-11-18
Municipalities to include funds in annual appropriation ordinances--Special
appropriation when omitted.
3-11-19
Omitted.
3-11-20
Special appropriations by political subdivisions.
3-11-21
Recovery of delinquent payments from subdivisions with interest and penalty.
3-11-22
County auditor may collect delinquent contributions from subdivisions--Travel costs.
3-11-23
Special revenue fund for premiums and interest on delinquent contributions.
3-11-24
Rules and regulations--Required coverage.
3-11-25
Interstate instrumentalities authorized to enter and implement own agreements.
3-11-26
Severability of provisions.
3-12-1
Repealed.
3-12-2 to 3-12-45. Repealed.
3-12-46
Transferred.
3-12-47
Transferred.
3-12-47.1
Transferred.
3-12-47.2
Transferred.
3-12-47.3
Transferred.
3-12-47.4
Transferred.
3-12-47.5
Transferred.
3-12-47.6
Transferred.
3-12-47.7
Transferred.
3-12-47.8
Transferred
.
3-12-47.9
Transferred.
3-12-47.10
Transferred.
3-12-47.11
Transferred.
3-12-47.12
Transferred.
3-12-47.13
Transferred.
3-12-48
Transferred.
3-12-49
Transferred.
3-12-50
Transferred.
3-12-51
Transferred.
3-12-52
Transferred.
3-12-53
Transferred.
3-12-54
Transferred.
3-12-55
Transferred.
3-12-56
Transferred.
3-12-57
Transferred.
3-12-57.1
Transferred.
3-12-58
Transferred.
3-12-58.1
Transferred.
3-12-59
Transferred.
3-12-60
Transferred.
3-12-61
Transferred.
3-12-62
Transferred.
3-12-62.1
Transferred.
3-12-62.2
Transferred.
3-12-62.3
Transferred.
3-12-62.4
Transferred.
3-12-62.5
Transferred.
3-12-62.6
Transferred.
3-12-62.7
Transferred.
3-12-62.8
Transferred.
3-12-62.9
Transferred.
3-12-62.10
Transferred.
3-12-62.11
Transferred.
3-12-62.12
Transferred.
3-12-62.13
Transferred.
3-12-63 Transferred.
3-12-64 Transferred.
3-12-65 Transferred.
3-12-66 Transferred.
3-12-67 Transferred.
3-12-67.1 Transferred.
3-12-68 Transferred.
3-12-69 Transferred.
3-12-69.1 Transferred.
3-12-69.2 Transferred.
3-12-69.3 Transferred.
3-12-69.4 Transferred.
3-12-69.5 Transferred.
3-12-70 Transferred.
3-12-71 Transferred.
3-12-72 Transferred.
3-12-72.1 Transferred.
3-12-72.2 Transferred.
3-12-72.3 Transferred.
3-12-72.4 Transferred.
3-12-73 Transferred.
3-12-74 Transferred.
3-12-75 Transferred.
3-12-76 Transferred.
3-12-76.1 Repealed.
3-12-76.2 Transferred.
3-12-76.3 Transferred.
3-12-77 Transferred.
3-12-77.1 Transferred.
3-12-77.2 Repealed.
3-12-77.3 Transferred.
3-12-77.4 Transferred.
3-12-78 Transferred.
3-12-79 Repealed.
3-12-80 Repealed.
3-12-81 Repealed.
3-12-81.1 Transferred.
3-12-82 Transferred.
3-12-83 Transferred.
3-12-83.1 Transferred.
3-12-83.2 Transferred.
3-12-84 Transferred.
3-12-84.1 Transferred.
3-12-84.2 Transferred.
3-12-84.3 Transferred.
3-12-85 Transferred.
3-12-86 Transferred.
3-12-86.1 Transferred.
3-12-86.2 Transferred.
3-12-87 Transferred.
3-12-88 Transferred.
3-12-89 Transferred.
3-12-89.1 Transferred.
3-12-89.2 Transferred.
3-12-89.3 Transferred.
3-12-89.4 Transferred.
3-12-89.5 Repealed.
3-12-89.6 Transferred .
3-12-89.7 Transferred.
3-12-89.8 Transferred.
3-12-89.9 Transferred.
3-12-89.10 Transferred.
3-12-90 Transferred.
3-12-90.1 to 3-12-90.5. Repealed.
3-12-90.6 to 3-12-90.8. Repealed.
3-12-90.9 Repealed.
3-12-90.10 Repealed.
3-12-91 Transferred.
3-12-91.1 Transferred.
3-12-92 Transferred.
3-12-92.1 Transferred.
3-12-92.2 Transferred.
3-12-92.3 Transferred.
3-12-92.4 Transferred.
3-12-92.5 Repealed.
3-12-92.6 Transferred.
3-12-93 Transferred.
3-12-94 Transferred.
3-12-94.1 Transferred.
3-12-95 Transferred.
3-12-95.1 Transferred.
3-12-95.2 Transferred.
3-12-95.3 Transferred.
3-12-95.4 Transferred.
3-12-95.5 Transferred.
3-12-95.6 Transferred.
3-12-96 Transferred.
3-12-97 Transferred.
3-12-98 Transferred.
3-12-99 Transferred.
3-12-99.1 Transferred.
3-12-100 Transferred.
3-12-101 Transferred.
3-12-102 Repealed.
3-12-103 Transferred.
3-12-103.1 Transferred.
3-12-104 Transferred.
3-12-104.1 Transferred.
3-12-104.2 Transferred.
3-12-105 Transferred.
3-12-106 Transferred.
3-12-107 Transferred.
3-12-108 Transferred.
3-12-109 Transferred.
3-12-110 Transferred.
3-12-111 Transferred.
3-12-111.1 Transferred.
3-12-112 Transferred.
3-12-113 Transferred.
3-12-114 Transferred .
3-12-115 Transferred.
3-12-115.1 Transferred.
3-12-116 Transferred.
3-12-117 Transferred.
3-12-118 Transferred.
3-12-118.1 Repealed.
3-12-119 Transferred.
3-12-120 Transferred.
3-12-120.1 to 3-12-120.3. Repealed .
3-12-120.4 Transferred.
3-12-121 Transferred.
3-12-122 Transferred .
3-12-122.1 Transferred.
3-12-123 Transferred.
3-12-124 Transferred.
3-12-125 Transferred.
3-12-126 Transferred.
3-12-127 Transferred.
3-12-128 Transferred.
3-12-129 Transferred.
3-12-130 Transferred.
3-12-130.1 Transferred.
3-12-131 Transferred.
3-12-132 Transferred.
3-12-133 Transferred.
3-12-134 Transferred.
3-12-135 Transferred.
3-12-136 Transferred.
3-12-138 Repealed.
3-12-139, 3-12-140. Repealed.
3-12-141 Transferred.
3-12-142 Transferred.
3-12-143 Transferred.
3-12-144 to 3-12-152. Repealed.
3-12-153 Transferred.
3-12-154 Transferred.
3-12-155 Transferred.
3-12-156 Transferred.
3-12-157 Transferred.
3-12-158 Transferred.
3-12-159 Transferred.
3-12-160 Transferred.
3-12-161 Transferred.
3-12-162 Transferred.
3-12-163 Transferred.
3-12-164 Transferred.
3-12-165 to 3-12-188. Transferred.
3-12-189 Transferred.
3-12-190 Transferred.
3-12-191 Transferred.
3-12-192 Transferred.
3-12-193 Transferred.
3-12-194 Transferred.
3-12-195 Transferred.
3-12-196 Transferred.
3-12-197 Transferred.
3-12-198 Transferred.
3-12-199 Transferred.
3-12-200 Transferred.
3-12-201 Transferred.
3-12-202 Transferred.
3-12-203 Transferred.
3-12-204 Transferred.
3-12-205 Transferred.
3-12-206 Transferred.
3-12-207 Transferred.
3-12-207.1 Transferred.
3-12-208 Transferred.
3-12-209 Transferred.
3-12-210 Transferred.
3-12-211 Transferred.
3-12-212 Transferred.
3-12-213 Transferred.
3-12-214 Transferred.
3-12-215 Transferred.
3-12-216 Transferred.
3-12-217 Transferred.
3-12-218 Transferred.
3-12-219 Transferred.
3-12-220 Transferred.
3-12-221 Transferred.
3-12-222 Transferred.
3-12-223 Transferred.
3-12-224 Transferred.
3-12-225 to 3-12-499. Reserved.
3-12-500 Transferred.
3-12-501 Transferred .
3-12-502 Transferred.
3-12-502.1 Transferred.
3-12-503 Repealed.
3-12-504 Transferred.
3-12-505 Transferred.
3-12-506 Transferred.
3-12-507 Transferred.
3-12-508 Transferred.
3-12-509 Transferred.
3-12-510 Transferred.
3-12-511 Transferred.
3-12-512 Transferred.
3-12-513 Transferred.
3-12-514 Transferred.
3-12-515 Transferred.
3-12-516 Transferred.
3-12-517 Transferred.
3-12-518 Repealed.
3-12-519 Transferred.
3-12-520 Transferred.
3-12-521 Transferred.
3-12A-1, 3-12A-2. Repealed.
3-12A-2.1, 3-12A-2.2. Repealed.
3-12A-3 to 3-12A-10. Repealed.
3-12A-11 to 3-12A-12.1. Repealed.
3-12A-13 to 3-12A-25. Repealed.
3-12A-26
Repealed.
3-12A-27 to 3-12A-31. Repealed.
3-12A-32
Repealed.
3-12A-33 to 3-12A-38. Repealed.
3-12B-1, 3-12B-2. Repealed.
3-12B-2.1
Obsolete.
3-12B-3
Repealed.
CHAPTER 3-12C
SOUTH DAKOTA RETIREMENT SYSTEM
PART 1. DEFINITIONS.
3-12C-101 Definitions.
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-113 Internal Revenue Code references.
PART 2. ADMINISTRATION
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 Trustees--Oath of office.
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--Picture identification required.
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 Funding of system--Review--Report--Corrective action.
3-12C-229 Annual report of funded status of system.
3-12C-230 Record of board proceedings--Annual report.
PART 3. MEMBERSHIP
3-12C-301 Members of system.
3-12C-302 Membership in system--Exclusions.
3-12C-303 Newly elected officials permitted to join system--Requirements--Credited service.
3-12C-304 Continuation of previously established retirement plan--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.
PART 4. CONTRIBUTIONS
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.
PART 5. SERVICE CREDIT
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 Repealed.
3-12C-508 Repealed.
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.
PART 6. TERMINATION AND REEMPLOYMENT BEFORE RETIREMENT
3-12C-601 Retirement benefit to terminated member with vested right--Calculation.
3-12C-602 Withdrawal of accumulated contributions on leaving covered employment--Picture identification required--Limitation.
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.
PART 7. BENEFITS GENERALLY
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 COLA applied to benefits--COLA 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 § 401(a)(17).
3-12C-713 Contribution credit defined--Payment of contribution credit and credited investment return.
PART 8. DISABILITY BENEFITS
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 information--Employment history and accommodations.
3-12C-815 Health care provider information--Disability--Other medical documentation.
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--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--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.
PART 9. BENEFITS PAYABLE AFTER THE DEATH OF A CONTRIBUTING MEMBER
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.
3-12C-902 Payment or delivery to minors.
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--Deceased member who was working--Total benefit--Effective date.
PART 10. ADDITIONAL SURVIVOR PROTECTION
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.
PART 11. FOUNDATION MEMBER BENEFITS
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--Retired foundation member--Effective dates.
3-12C-1115 Surviving spouse benefit--Foundation member--Calculation of benefit.
3-12C-1116 Early surviving spouse benefit for foundation member's spouse.
PART 12. GENERATIONAL MEMBER BENEFITS
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--Picture identification required--Spouse signature not 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--Retired generational member--Amount of benefit.
3-12C-1214 Surviving spouse benefit--Generational member dying after normal retirement age but before start of benefit--Amount of benefit.
3-12C-1215 Amount of surviving spouse benefit for generational member.
3-12C-1216 Early surviving spouse benefit for generational member's spouse.
PART 13. VARIABLE RETIREMENT ACCOUNTS
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.
PART 14. REEMPLOYMENT AFTER RETIREMENT
3-12C-1400 Three consecutive calendar months of separation described.
3-12C-1401 Reemployment of retired member--Separation of service required--Hiring procedures.
3-12C-1401.1 Reemployment of retired member--Limited exception to separation of service requirement.
3-12C-1402 Reduction 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 Reduction 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 members--Reentrance to covered employment--Benefits and membership.
3-12C-1405.1 Reemployment of retired member--Limited exception to benefit and membership provisions for part-time employment.
3-12C-1405.2 Reemployment of retired member--Employer tracking.
3-12C-1406 Invalid retirement--Repayment of retirement benefit payments.
PART 15. SUPPLEMENTAL PENSION BENEFIT
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 COLA applicable to 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--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.
PART 16. MEMBERSHIP BY CONSOLIDATION AND ELECTION
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 Repealed.
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-1650 Department of Labor and Regulation employees' retirement plan--Membership with system--Class D.
3-12C-1651 Class D membership--Benefits received.
PART 17. RECLASSIFICATION
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.
PART 18. QUALIFIED BENEFIT PRESERVATION ARRANGEMENT
3-12C-1801 Participant--Definition.
3-12C-1802 Qualified benefit preservation arrangement--Definition.
3-12C-1803 Qualified benefit preservations arrangement--Establishment--Purpose.
3-12C-1804 Eligibility to participate.
3-12C-1805 Benefit payable.
3-12C-1806 Cost of living adjustment after benefit begins--Change in benefit payable.
3-12C-1807 Qualified benefit preservation arrangement--Funding.
3-12C-1808 Contributions.
3-12C-1809 Qualified benefit preservation arrangement trust fund--Establishment--Purpose.
3-12C-1810 Qualified benefit preservation arrangement assets--Income.
3-12C-1811 Qualified benefit preservation arrangement--Administration.
3-12C-1812 Qualified benefit preservation arrangement--No assignment.
3-12C-1813 Conflicts.
3-12C-1814 Limitation of rights.
3-12C-1815 Erroneous payments--Corrections.
3-12C-1816 Administration of benefit--Release and receipt.
3-12C-1817 Reservation of power to change.
PART 19. REQUIRED MINIMUM DISTRIBUTIONS
3-12C-1901 General rule.
3-12C-1902 Member's death after distributions begun.
3-12C-1903 Member's death before required distributions begun.
3-12C-1904 Incidental benefit rule.
3-12C-1905 Reasonable and made in good faith.
CHAPTER 3-13
DEFERRED COMPENSATION PLAN FOR PUBLIC EMPLOYEES
3-13-1 3-13-1 to 3-13-38. Repealed by SL 1974, ch 35, § 80.
3-13-39 Repealed by SL 1987, ch 38, §§ 8 to 17.
3-13-49 State deferred compensation plan--Agreements in writing--Administrative charge--Amounts deferred remitted to state deferred compensation fund.
3-13-49.1 Political subdivisions.
3-13-50 Administration of plan--Hiring and remuneration of additional employees.
3-13-51 Repealed by SL 2000, ch 27, § 1.
3-13-51.1 Investment of funds--Investment officer as fiduciary.
3-13-51.2 Executive director and investment officer to execute necessary agreements.
3-13-51.3 Default designation of new investment selection upon termination of participant's contract.
3-13-52 Limitation of liability to participants.
3-13-53 Deferred compensation fund.
3-13-54 Promulgation of rules--Limitation on availability of accumulated deferred compensation to participant--Exception.
3-13-55 Definition of terms.
3-13-56 Automatic enrollment feature.
3-13-57 Designated Roth contribution program.
3-13-58 Required minimum distributions--General rule.
3-13-59 Required minimum distributions--Participant's death after distributions begun.
3-13-60 Required minimum distributions--Participant's death before distributions begun.
3-13-61 Required minimum distributions--Reasonable and made in good faith.
3-13-62 Required minimum distributions--Participant's death after December 31, 2021.
3-13-63 Required minimum distributions--Waiver of 2020.
CHAPTER 3-13A
SOUTH DAKOTA SPECIAL PAY RETIREMENT PROGRAM
3-13A-1 Special pay retirement program established.
3-13A-2 Definitions.
3-13A-3 Special pay fund.
3-13A-4 Board controls program as fiduciary--Promulgation of rules.
3-13A-5 Transfer of special pay to fund upon termination of employment--Contribution limit.
3-13A-6 Time for transfer of compensation to trust.
3-13A-7 Participant account.
3-13A-8 Vesting of participant account--Forfeiture.
3-13A-9 Investment of funds.
3-13A-10 Lump-sum distribution to participant.
3-13A-11 Investment alternatives--Transfer of account balances by participant
3-13A-12 Transfer of funds from terminated investment selection.
3-13A-13 Allocation of investment return among participant accounts--Accounting dates.
3-13A-14 Valuation of investment alternatives.
3-13A-15 Beneficiaries of participant's account.
3-13A-16 Payments and benefits under program not assignable or subject to creditors' actions.
3-13A-17 Powers and duties of executive director.
3-13A-18 Election by participating units of retirement system to participate in program--Rescission of participation.
3-13A-19 Trustee-to-trustee transfer of participant's account to government defined-benefit retirement plan.
3-13A-20 Rollover transfer of participant's account.
3-13A-21 Rollover transfer of participant's account in another plan.
3-13A-22 Distribution from participant's account--Forms of distribution--Time for election.
3-13A-23 Annuity distributions date.
3-13A-23.1 Required minimum distributions--General rule.
3-13A-23.2 Required minimum distributions--Participant's death after distributions begun.
3-13A-23.3 Required minimum distributions--Participant's death before distributions begun.
3-13A-23.4 Required minimum distributions--Reasonable and made in good faith.
3-13A-23.5 Required minimum distributions--Participant's death after December 31, 2021.
3-13A-23.6 Required minimum distributions--Waiver of 2020.
3-13A-24 State investment officer to act as fiduciary--Certain persons prohibited from acting as third-party administrator or vendor.
3-13A-25 Limitation of liability to participants.
CHAPTER 3-13C
DEPARTMENT OF LABOR AND REGULATION EMPLOYEE RETIREMENT
3-13C-1 Definitions.
3-13C-2 Actuarial equivalent--Distribution expected--Determination of amount.
3-13C-3 Compensation determined.
3-13C-4 Credited past service--Determination.
3-13C-5 Credited service--Determination.
3-13C-6 Eligible retirement plan--Determination.
3-13C-7 Eligible rollover distribution.
3-13C-8 Normal retirement date--Determination.
3-13C-9 Confidentiality of records--Exceptions.
3-13C-10 Class D members vested--Contributions not required--Participation ceases.
3-13C-11 Beneficiaries--Records.
3-13C-12 Direct rollovers--Election by distributee.
3-13C-13 Required minimum distributions--General rule.
3-13C-13.1 Required minimum distributions--Member's death after distributions begun.
3-13C-13.2 Required minimum distributions--Member's death before distributions begun.
3-13C-13.3 Required minimum distributions--Incidental benefit rule.
3-13C-13.4 Required minimum distributions--Reasonable and made in good faith.
3-13C-14 Vested accrued benefit--Distribution--Small amounts payment.
3-13C-15 Accrued benefit determined.
3-13C-16 Amount of benefit at retirement.
3-13C-17 Benefit limitation.
3-13C-18 Preretirement death benefits--Payment recipient--Conditions--Determination of amount.
3-13C-19 Death benefit after retirement determination--Payment amount determined.
3-13C-20 Vested benefits--Distribution amount determined.
3-13C-21 Retirement benefits--Optional forms.
3-13C-22 Death benefits--Optional forms.
3-13C-23 Election of benefits--Requirements.
3-14-1
Holding over until successor qualified.
3-14-2
Public property and accounts to be delivered to successor in office.
3-14-3
Refusal to surrender official seal, books, or papers as misdemeanor.
3-14-4
Exercising functions of office after expiration of term as misdemeanor.
3-14-5
Definitions.
3-16-1
Willful failure to perform official duty as misdemeanor.
3-16-2
Keeping office or property at unauthorized place as misdemeanor.
3-16-3
Repealed.
3-16-4, 3-16-5. Repealed.
3-16-6
Repealed.
3-16-7
Officer's interest in public contract as misdemeanor
.
3-16-8
Self-dealing in award or terms of agency contract prohibited.
3-16-9
Retaliation prohibited for reporting violations, abuse, or danger to public.
3-16-10
Retaliation prohibited for reporting public official's misuse of public funds.
CHAPTER 3-17
REMOVAL FROM OFFICE
3-17-1 Removal of constitutional state officers by Governor--Grounds--Notice and hearing.
3-17-2 Removal of appointive state officers by Governor without cause.
3-17-3 Removal of local law enforcement officers by Governor--Grounds.
3-17-4 Notice and hearing on removal of law enforcement officer.
3-17-5 Law enforcement officer removed from office not eligible for new appointment during term--Salary payment for office as misdemeanor.
3-17-6 Grounds for removal of local officers from office.
3-17-7 Proceedings for removal of local officer--Pleadings and process.
3-17-8 Suspension of local officer pending removal proceedings.
3-17-9 Judgment of ouster in removal proceedings--Enforcement of judgment--Salary during period of suspension if officer vindicated.
3-17-10 Officer allowed expenses of defense after judgment for him in removal proceedings.
3-17-11 Advancement of appeals on Supreme Court calendar--Circuit court order not stayed pending appeal.
3-17-12 Suspension of state's attorney or sheriff pending prosecution.
3-17-13 Effect of suspension.
3-17-14 Appointment of acting state's attorney or sheriff.
3-17-15 Compensation of acting state's attorney or sheriff.
3-17-16 Powers and duties of acting state's attorney or sheriff.
3-17-17 Restoration of state's attorney or sheriff to office.
3-17-18 Time for trial of state's attorney or sheriff.
3-17-19 Removal provisions unaffected.
3-17-20 Suspension of certain county officials pending completion of criminal prosecution--Appointment of person to discharge duties--Restoration to office.
3-17-21 Leave of absence status of suspended person.
3-17-22 Compensation and duties of temporary appointee.
3-17-23 Suspension of county commissioner pending completion of criminal prosecution--Restoration to office.
3-17-24 Removal from office provisions unaffected.
CHAPTER 3-18
PUBLIC EMPLOYEES' UNIONS
3-18-1 Employees subject to chapter--Rights preserved to excluded persons.
3-18-1.1 "Grievance" defined.
3-18-2 Rights relating to labor organizations--Designation of representatives--Discrimination against employees exercising rights as misdemeanor--Good faith negotiations--Intimidation.
3-18-3 Exclusive representation by designated representatives--Right to adjust grievances preserved.
3-18-3.1 Unfair practices of employers defined.
3-18-3.2 Unfair practices of employee organizations defined.
3-18-3.3 Rules on unfair practices.
3-18-3.4 Time for filing complaint on unfair practice.
3-18-4 Investigation and hearing on refusal to grant formal recognition or on question of designation of representation unit.
3-18-5 Question on representative of employees--Petition for investigation or certification--Hearing to ascertain representatives for formal recognition.
3-18-6 Promulgation of rules of procedure for elections and negotiations.
3-18-6.1 3-18-6.1. Repealed by SL 1979, ch 21, § 4.
3-18-7 Tentative settlement between labor or employee organization and designated representatives of agency--Action by governing body or officer.
3-18-8 Implementation of settlement between labor or employee organization and governing body.
3-18-8.1 Intervention by department on failure to reach agreement.
3-18-8.2 Issuance of contracts by school districts prior to reaching agreement--Terms and conditions.
3-18-9 Strike defined.
3-18-10 Strikes prohibited--Right to submission of grievance.
3-18-11 Consent to strikes by supervisors prohibited--Discharge from employment for submission of grievance prohibited.
3-18-12 3-18-12, 3-18-13. Repealed by SL 1997, ch 33, §§ 1, 2.
3-18-14 Injunctive relief in case of strike.
3-18-15 Right of employee or representative to expression or communication of grievance not limited.
3-18-15.1 Grievance procedures to be established.
3-18-15.2 Appeal to department--Investigation, hearing, and order by department--Summary disposition of certain claims--Public employees of Board of Regents.
3-18-15.3 Grievance procedure adopted in absence of agency action.
3-18-15.4 Change in policies not prohibited--Contractual rights preserved.
3-18-15.5 Grievance procedures for employees of political subdivisions.
3-18-16 Proceedings to establish nonparticipation in strike--Request by employee--Time for proceedings.
3-18-17 Review by trial de novo of decision establishing violation.
3-18-18 Rejected by referendum.
3-19-1
Payment or indemnity allowable for costs, fees, judgments, or settlements in claims
or actions against officers or employees.
3-19-2
Maximum payment or indemnity_Different maximum established by governing
body--Excess claim to Legislature.
3-19-3
Determination of payment or indemnity by governing board or attorney general.
3-20-1
Reduced tuition for certain state employees--Annual record.
3-20-2
Maximum credit hours to which reduced tuition may be applied.
3-20-3
Participation in reduced tuition program limited to available space.
3-20-4
Eligibility for reduced tuition benefits.
3-20-5
Application for reduced tuition--Rules by Board of Regents.
3-20-6
Effect of other reduced tuition benefits.
CHAPTER 3-21
LIABILITY OF PUBLIC ENTITIES AND PUBLIC OFFICIALS
3-21-1 Definitions.
3-21-2 Notice prerequisite to action for damages--Time limit.
3-21-3 Persons to whom notice must be given.
3-21-4 Extension of time for service of notice for persons under certain disabilities--Time limit for application to make extended service.
3-21-5 Effect of inaccuracy in notice.
3-21-6 3-21-6. Repealed by SL 2007, ch 23, § 2.
3-21-7 No waiver of sovereign immunity.
3-21-8 No liability for failure to provide correctional facilities or equipment, services, etc., therein.
3-21-9 No liability for parole or release of prisoner or revocation thereof or for certain other matters.
3-21-10 Immunity from lawsuits in courts of other jurisdictions.
3-21-11 Who are agents of state for purposes of § 21-32-17.
3-21-12 3-21-12. Repealed by SL 2007, ch 24, § 1.
3-21-13 Restrictions on agreements providing for indemnification.
3-21-14 Nondisparagement clause--Unenforceable--State government.
CHAPTER 3-22
LIABILITY COVERAGE PROGRAM FOR PUBLIC ENTITIES
3-22-1 Public entity pool for liability established--Coverage provided--Effect on certain claims and defenses.
3-22-2 Definition of terms.
3-22-3 3-22-3, 3-22-4. Repealed by SL 1995, ch 323 (Ex Ord 95-7), § 17.
3-22-5 Bureau of Human Resources and Administration powers.
3-22-5.1 3-22-5.1. Repealed by SL 1995, ch 323 (Ex Ord 95-7), § 17.
3-22-6 Promulgation of rules.
3-22-7 Payment of covered claims--Employee not liable for covered claim in excess of coverage--Subrogation.
3-22-8 3-22-8 to 3-22-10. Repealed by SL 2010, ch 24, §§ 6 to 8.
3-22-11 Disposition or payment of claims.
3-22-12 Fund created--Expenditures--Investment--Purchase of annuity in settlement of claim.
3-22-13 3-22-13 to 3-22-14. Repealed by SL 2010, ch 24, §§ 10 to 12.
3-22-15 3-22-15. Repealed by SL 1995, ch 323 (Ex Ord 95-7), § 17.
3-22-16 Coverage year.
3-22-17 Suits against state authorized only to extent coverage provided in coverage document.
3-22-18 Liability pool not to be considered insurance or insurance company.
3-22-19 3-22-19. Repealed by SL 1986, ch 413, § 20.
3-22-20 Federal antitrust laws--Direct state action.
3-22-21 Immunity of judicial officers and agents--Payment of legal costs.
3-22-22 3-22-22 to 3-22-25. Repealed by SL 2010, ch 24, §§ 15 to 18.
3-22-26 3-22-26. Repealed by SL 1987, ch 40, § 11.
3-22-27 Pool arrangement.
CHAPTER 3-23
CONFLICTS OF INTEREST
3-23-1 State authority, board, and commission members prohibited from having interest in or deriving direct benefit from contract.
3-23-1.1 Definitions.
3-23-2 Circumstances under which state authority, board, or commission member derives direct benefit.
3-23-2.1 Circumstances under which state authority, board, or commission member has interest in contract.
3-23-2.2 Circumstances under which state authority, board, or commission member does not derive direct benefit from or have interest in contract.
3-23-3 Circumstances under which state authority, board, or commission may authorize member to derive direct benefit from contract.
3-23-3.1 Circumstances under which state authority, board, or commission member may have interest in contract.
3-23-4 Circumstances under which authority, board, or commission may contract with former member.
3-23-5 Removal of state authority, board, or commission member for violation--Criminal penalties--Disgorgement--Voidable contract.
3-23-6 School districts and cooperative education service units--Officials with contract authority--Prohibitions on interest in or direct benefit from contract.
3-23-7 Officials with contract authority--Description of direct benefit from contract.
3-23-7.1 Officials with contract authority--Description of interest in contract.
3-23-7.2 Officials with contract authority--Exclusions from interest in or direct benefit from contract.
3-23-8 Officials with contract authority--Authorizing interest in or direct benefit from contract.
3-23-8.1 Written conflict of interest policy.
3-23-9 Removal of board member or other person from office or employment--Criminal penalties--Disgorgement--Voidable contract.
3-23-10 Authorities, boards, and commissions subject to chapter.
3-24-1
State Government Accountability Board established
.
3-24-2
Terms of office
.
3-24-3
Review and investigation of allegations of misconduct.
3-24-4
Information, reports, and complaints to board--Confidentiality of records
.
3-24-5
Referral to Division of Criminal Investigation--Referral to state's attorney or attorney
general.
3-24-6
Immunity of person acting in good faith--Civil actions
.
3-24-7
Contested case hearing
.
3-24-8
Determination of misconduct
.
3-24-9
Status update from board.
3-24-10
Annual report by board.
3-24-11
Administrative and budgetary support--Staff.
