South Dakota Codified Laws
Chapter 13A - South Dakota Special Pay Retirement Program
Section 3-13A-2 - Definitions.

3-13A-2. Definitions.
The definitions contained in chapter 3-12 apply to this chapter unless otherwise specified. In addition, the following terms used in this chapter mean:
(1)"Account," the record for each participant reflecting the amount of the participant's special pay transmitted to the fund, allocated investment gains and losses thereon, and administrative charges against those amounts;
(2)"Accounting date," the date on which an investment is valued and the total investment return is allocated to a participant's account;
(3)"Board," the South Dakota Retirement System Board of Trustees as established under §3-12C-203;
(4)"Executive director," the executive director of the South Dakota Retirement System as provided in §3-12C-209;
(5)"Fund," the South Dakota special pay fund established pursuant to §3-13A-3;
(6)"Normal retirement date," the date a participant may retire pursuant to the provisions of chapter 3-12C without reduced benefits;
(7)"Participant," a terminated employee of a participating unit who has reached the calendar month before the month of the employee's fifty-fifth birthday and who received six hundred dollars or more in special pay;
(8)"Participating unit," the State of South Dakota, the South Dakota Board of Regents, or any other political subdivision of the state that participates in the program;
(9)"Plan year," a calendar year ending on December thirty-first;
(10)"Program," the South Dakota Special Pay Retirement Program created pursuant to §§3-13A-1 to 3-13A-25, inclusive;
(11)"Special pay," compensation other than regular salary or wages granted to a participant and transferred in a lump-sum to the fund at the termination of the participant's employment;
(12)"Third-party administrator," a person who, pursuant to contract, handles administration of the program on behalf of the board and the executive director;
(13)"Vendor," a person or organization selected by the state investment officer to provide investment or insurance products to the program.

Source: SL 2004, ch 43, §2; SDCL §3-12-166; SL 2005, ch 28, §1; SL 2006, ch 22, §1; SL 2008, ch 20, §18; SL 2013, ch 20, §19; SL 2013, ch 22, §§1, 2; SL 2016, ch 31, §54.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 3 - Public Officers and Employees

Chapter 13A - South Dakota Special Pay Retirement Program

Section 3-13A-1 - Special pay retirement program established.

Section 3-13A-2 - Definitions.

Section 3-13A-3 - Special pay fund.

Section 3-13A-4 - Board controls program as fiduciary--Promulgation of rules.

Section 3-13A-5 - Transfer of special pay to fund upon termination of employment--Contribution limit.

Section 3-13A-6 - Time for transfer of compensation to trust.

Section 3-13A-7 - Participant account.

Section 3-13A-8 - Vesting of participant account--Forfeiture.

Section 3-13A-9 - Investment of funds.

Section 3-13A-10 - Lump-sum distribution to participant.

Section 3-13A-11 - Investment alternatives--Transfer of account balances by participants.

Section 3-13A-12 - Transfer of funds from terminated investment selection.

Section 3-13A-13 - Allocation of investment return among participant accounts--Accounting dates.

Section 3-13A-14 - Valuation of investment alternatives.

Section 3-13A-15 - Beneficiaries of participant's account.

Section 3-13A-16 - Payments and benefits under program not assignable or subject to creditors' actions.

Section 3-13A-17 - Powers and duties of executive director.

Section 3-13A-18 - Election by participating units of retirement system to participate in program--Rescission of participation.

Section 3-13A-19 - Trustee-to-trustee transfer of participant's account to government defined-benefit retirement plan.

Section 3-13A-20 - Rollover transfer of participant's account.

Section 3-13A-21 - Rollover transfer of participant's account in another plan.

Section 3-13A-22 - Distribution from participant's account--Forms of distribution--Time for election.

Section 3-13A-23 - Annuity distributions date.

Section 3-13A-23.1 - Required minimum distributions--General rule.

Section 3-13A-23.2 - Required minimum distributions--Participant's death after distributions begun.

Section 3-13A-23.3 - Required minimum distributions--Participant's death before distributions begun.

Section 3-13A-23.4 - Required minimum distributions--Reasonable and made in good faith.

Section 3-13A-23.5 - Required minimum distributions--Participant's death after December 31, 2021.

Section 3-13A-23.6 - Required minimum distributions--Waiver of 2020.

Section 3-13A-24 - State investment officer to act as fiduciary--Certain persons prohibited from acting as third-party administrator or vendor.

Section 3-13A-25 - Limitation of liability to participants.