3-13-53. Deferred compensation fund.
The South Dakota deferred compensation fund is hereby established. All compensation deferred pursuant to this chapter shall be deposited in the fund. Expenditures from the fund shall be paid on warrants drawn by the state auditor on vouchers approved by the executive director. All administrative expenses shall be budgeted and expended pursuant to chapters 4-7, 4-8, 4-8A, and 4-8B. In accord with §457(g) of the Internal Revenue Code, all money in the fund and all property and rights held by the fund, at all times until made available to a participant or the participant's beneficiary, shall be held in trust for the exclusive benefit of the participant. All compensation deferred pursuant to this chapter shall be transferred not later than fifteen business days after the end of the month in which the compensation otherwise would have been paid to the participant.
Source: SL 1987, ch 38, §5; SL 1997, ch 32, §1; SL 2008, ch 20, §17; SL 2013, ch 20, §17; SL 2016, ch 31, §53.
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.