Codified Laws


Text Search


Enter the text to search for and click Search to get a list of statutes containing the text you entered. Tips:
  • Multiple words will be searched as a phrase. Entering Property Tax will return statutes that contain the complete phrase Property Tax.
  • Logical Operators are allowed. Hunting and Fishing will return statutes that containing both hunting and fishing. Hunting or Fishing will return statutes that contain hunting, fishing, or both.
  • Wild cards(*) are allowed. Entering Approp* will return statutes that contain Appropriation, Appropriate, Appropriated, etc..
  • Punctuation can also be used as operators. + = and, , = or. Searching for phrases that have , and will result in error unless you enclose the entire phrase in quotes.
The Filter option allows you to narrow your search results to a specific Title or Chapter. Here is a tip for using the filter option.
  • Use a dash (-) as the last character of your filter to refine searches. For example the filter "1-1" returns sections in 1-1, 1-10, 1-11, 1-12, etc. The filter "1-1-" returns only sections in Chapter 1-1.

Quick Find


Type the Statute number you are looking for in the form Title-Chapter-Section . Examples(1-1-1.1, 27A-11A-12, etc.)

The Get Statute button can be used to locate a specific statute. You may type in a title, chapter, or section number. Example: typing 1 will return the chapter list for Title 1, typing 1-1 will return the section list for chapter 1-1, typing 1-1-1 will return section 1-1-1 of the statutes.

The Get Chapter button can be used to load a complete chapter of the statutes. This function requires a title and a chapter number. Examples: 1-1, 57A-1, 1-3

 
CHAPTER 3-12C

SOUTH DAKOTA RETIREMENT SYSTEM

PART 1. DEFINITIONS.

3-12C-101      Definition of terms
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.

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      Oath of office of trustees.
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.
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      System funding review--Report required for certain conditions--Recommended 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      Employees included as members of system.
3-12C-302      Officials and employees excluded from membership in system.
3-12C-303      Newly elected officials permitted to join system--Requirements--Credited service.
3-12C-304      Continuation of previously established retirement plan of political subdivision or public corporation--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      Purchase of prior service credit on tax-deferred basis.
3-12C-508      Purchase of prior service credit by member of tax-qualifying purchase unit.
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--Exception.
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      Benefits increased by COLA--Increase 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 ยง 401(a)(17).
3-12C-713      Excess contributions defined--Payment of excess contributions 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 certification of inability to provide accommodations or comparable employment.
3-12C-815      Health care provider certification of disability.
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 for 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 where 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 on death of contributing member before retirement or death of member receiving disability based on application before July 1, 2015.
3-12C-902      Benefits payment on minor's behalf to be made to custodian or conservator.
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 of deceased member who was working.
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 of retired foundation member.
3-12C-1115      Amount of surviving spouse benefit for foundation member.
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.
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 of retired generational member.
3-12C-1214      Surviving spouse benefit of generational member dying after normal retirement age but before benefit starts.
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-1401      Reemployment of retired member--Termination of relationship with initial participating unit--Hiring procedures.
3-12C-1402      Suspension 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      Suspension 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 member who reenters covered employment--Benefits and membership.
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      Annual increase in 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 and 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      Department of Labor and Regulation employees--Membership in system--Benefits and credited service.
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.
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.


Get Chapter 3-12C
Back to Title 3

Click message to listen