3-12C-824Retirement benefit of member who received disability benefits and returned to covered employment.

Upon retirement, a member who received disability benefits and whose benefits were terminated and who returned to covered employment shall receive a retirement benefit based on the member's credited service before receiving disability benefits and after receiving disability benefits. The final average compensation used in the calculation of the retirement benefit is the greater of:

(1)    The member's final average compensation at the date of retirement; or

(2)    The member's final average compensation at the date of disability, increased by the COLA from the date of the termination of disability benefits to the date of retirement.

Source: SL 2014, ch 20, § 12; SL 2017, ch 27, § 33; SDCL § 3-12-212; SL 2019, ch 22, §§ 33, 45.