South Dakota Codified Laws
Chapter 45 - Personal Property Exempt From Process
Section 43-45-17 - Employee benefit plan defined.

43-45-17. Employee benefit plan defined.
For the purposes of §§43-45-16 to 43-45-18, inclusive, the term, employee benefit plan, means any plan or arrangement that is subject to the provisions of 29 U.S.C. §§1001 through 1461, as amended, and in effect on January 1, 2007, or that is described in §401, 403(a), 403(b), 408, 408A, 409, 414, 457, or 501(a) of the Internal Revenue Code, as amended, and in effect as of January 1, 2007. The term, employee benefit plan, does not include any employee benefit plan that is excluded from application pursuant to 29 U.S.C. §1003(b)(1), as amended, and in effect as of January 1, 2007.

Source: SL 1997, ch 250, §3; SL 2000, ch 215, §1; SL 2007, ch 252, §2.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 43 - Property

Chapter 45 - Personal Property Exempt From Process

Section 43-45-1 - Scope of exemptions of personal property.

Section 43-45-2 - Property absolutely exempt.

Section 43-45-3 - Homestead absolutely exempt--Extent of exemption when homestead sold or divided by court order.

Section 43-45-4 - Additional property exemptions--Selection and appraisal.

Section 43-45-6 - Proceeds of life insurance payable to estate of decedent--Rights of surviving spouse or minor children--Amount of exemption--Payment discharging insurer from liability.

Section 43-45-7 - Persons to whom exemptions do not apply.

Section 43-45-8 - Exemption not allowed for purchase money or construction costs.

Section 43-45-9 - Debt incurred for property obtained under false pretenses--Allowance only of absolute exemptions.

Section 43-45-10 - Judgment for fines, penalties, or costs of criminal prosecutions--Limited exemptions.

Section 43-45-11 - Judgment for forfeiture of undertakings and bonds taken in criminal cases--Limited exemptions.

Section 43-45-12 - Inventory and appraisement of exempted or other personal property--Return by officer having process of levy or sale.

Section 43-45-13 - Certain federal bankruptcy exemptions not available.

Section 43-45-14 - Exemption of earnings from garnishment process or levy-Bankruptcy.

Section 43-45-15 - Legislative intent.

Section 43-45-16 - Exemption from process for certain retirement benefits--Right of state to collect.

Section 43-45-17 - Employee benefit plan defined.

Section 43-45-18 - Court determination of appropriate exemption.