3-13A-4. Board controls program as fiduciary--Promulgation of rules.
The program shall be under the authority of the board. The board shall be held to the standard of conduct of a fiduciary and shall carry out its functions solely in the interest of the participants and benefit recipients and for the exclusive purpose of providing benefits and defraying reasonable expenses incurred in performing such duties as required by law. The board may promulgate rules necessary to establish uniform procedures for the administration of the program and to insure uniformity of application of the provisions of §§3-13A-1 to 3-13A-25, inclusive. Rules may be promulgated in regard to membership, contributions and the collection thereof, fees for administration of the program, and procedures for application for benefits and payment of benefits. The rules shall be promulgated pursuant to chapter 1-26 and shall be in accordance with the provisions of §§3-13A-1 to 3-13A-25, inclusive.
Source: SL 2004, ch 43, §4; SDCL, §3-12-168; SL 2005, ch 28, §1.
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.