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§ 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-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 |
§ 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 |
§ 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 |
§ 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-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 |
§ 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 |
§ 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 |
§ 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–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 |
§ 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 |
§ 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 |
§ 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 |
§ 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 |
§ 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 |
§ 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 |
§ 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 |
§ 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 |
§ 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-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 |
§ 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 |
§ 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 |
§ 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 |