South Dakota Codified Laws
Chapter 13A - South Dakota Special Pay Retirement Program
Section 3-13A-22 - Distribution from participant's account--Forms of distribution--Time for election.

3-13A-22. Distribution from participant's account--Forms of distribution--Time for election.
A participant is entitled to receive a distribution from the participant's account upon written application to the executive director or third-party administrator. The participant may elect, on forms prescribed by the executive director or third-party administrator, the time distributions under the program are to commence by designating the month and year during which the first distribution is to be made. The participant may elect to receive the participant's distribution in any of the following forms:
(1)A lump sum;
(2)Equal monthly installments over a fixed period; or
(3)Any other form offered by the executive director or a third-party administrator.
The application and election shall be made prior to the time any amounts become payable. A participant or a beneficiary who has chosen a payment form may change that payment option, if no payment has yet been made, and subject to any administrative restrictions and charges established by the board.

Source: SL 2004, ch 43, §21; SDCL §3-12-185; SL 2005, ch 28, §1; SL 2016, ch 31, §60.

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.