The plan that covers a person as an active employee that is, an employee who is neither laid off nor retired or as a dependent of an active employee is the primary plan. The plan covering that same person as a retired or laid-off employee or as a dependent of a retired or laid-off employee is the secondary plan.

If the other plan does not have the provisions of this section, and as a result, the plans do not agree on the order of benefits, the provisions of this section do not apply.

Terms Used In South Dakota Codified Laws 58-18A-71

  • Dependent: A person dependent for support upon another.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2

This section does not apply if the provisions in § 58-18A-69 can determine the order of benefits.

Source: SL 2006, ch 259, § 19.