CHAPTER 37

(HB 1039)

Contributory service needed to receive benefits
under the South Dakota Retirement System.


         ENTITLED, An Act to  specify the service needed to receive benefits in the South Dakota Retirement System.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

     Section  1.  That subdivision (73) of § 3-12-47 be amended to read as follows:

             (73)      "Vested," the right to an annuity payable at normal retirement age from the system after three years of credited contributory service, even if the member leaves the employment of a participating unit, provided that the member does not withdraw accumulated contributions. A member who leaves the employment of a participating unit is not entitled to benefits under § §   3-12-95, 3-12-98, 3-12-99, 3-12-104, and 3-12-105.

     Section  2.  That subdivision (47) of § 3-12-47 be amended to read as follows:

             (47)      "Normal retirement," the termination of employment of and application for benefits by a member with five three or more years of credited contributory service on or after his the member's normal retirement age for any cause other than death ;

     Section  3.  That § 3-12-98 be amended to read as follows:

     3-12-98.   A contributing member who becomes disabled and who has rendered at least three years of credited contributory service since the member's most recent entry into active status and prior to becoming disabled or was disabled by accidental means while performing his usual duties for his an employer , is eligible for a disability allowance provided such if the disability is expected to be of long, continued, and indefinite duration of at least one year. In order to be eligible for a disability allowance, a member shall be disabled on the date the contributory service ends. Any

member who fails to file with the administrator an application for disability benefits within three years of the date on which the member's contributory service ends, forfeits all rights to disability benefits. For purposes of this section, a transfer within a participating unit, or a change in employment from one participating unit to another participating unit if there is no break in contributory service, does not constitute a new entry into active status.

     Section  4.  That § 3-12-81 be repealed.

     Signed February 9, 2004.
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