3-13A-3. Special pay fund.
The South Dakota special pay fund is hereby established. All compensation transmitted to the fund pursuant to §§3-13A-1 to 3-13A-25, inclusive, shall be deposited in the fund. Expenditures from the fund shall be paid on warrants drawn by the state auditor and supported by 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. All money in the fund and all property and rights held by the fund shall be held in trust for the exclusive benefit of the participants at all times until made available to a participant or the participant's beneficiary. All benefits payable under this program shall be paid and provided for solely from the fund and a participating unit assumes no liability or responsibility therefor. Any trust under the program shall be established pursuant to a written agreement that constitutes a valid trust under the law of South Dakota.
Source: SL 2004, ch 43, §3; SDCL §3-12-167; SL 2005, ch 28, §1; SL 2016, ch 31, §55.
Structure 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-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-17 - Powers and duties of executive director.
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-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.