3-13-52. Limitation of liability to participants.
Neither the plan nor any participating employer may have any liability to any participant for losses arising out of any decrease in the value of any investments held by the plan. The liability of the plan to any participant is limited to the value of the participant's account on the date the account is made available to the participant pursuant to the provisions of the plan. In no event may any member of the board, the executive director or any member of the executive director's staff have any liability for any action taken with respect to the plan unless such action be taken in bad faith.
Source: SL 1987, ch 38, §4; SL 2016, ch 31, §52.
Structure South Dakota Codified Laws
Title 3 - Public Officers and Employees
Chapter 13 - Deferred Compensation Plan For Public Employees
Section 3-13-49.1 - Political subdivisions.
Section 3-13-50 - Administration of plan--Hiring and remuneration of additional employees.
Section 3-13-51.1 - Investment of funds--Investment officer as fiduciary.
Section 3-13-51.2 - Executive director and investment officer to execute necessary agreements.
Section 3-13-52 - Limitation of liability to participants.
Section 3-13-53 - Deferred compensation fund.
Section 3-13-55 - Definition of terms.
Section 3-13-56 - Automatic enrollment feature.
Section 3-13-57 - Designated Roth contribution program.
Section 3-13-58 - Required minimum distributions--General rule.
Section 3-13-59 - Required minimum distributions--Participant's death after distributions begun.
Section 3-13-60 - Required minimum distributions--Participant's death before distributions begun.
Section 3-13-61 - Required minimum distributions--Reasonable and made in good faith.
Section 3-13-62 - Required minimum distributions--Participant's death after December 31, 2021.
Section 3-13-63 - Required minimum distributions--Waiver of 2020.