CHAPTER 19

(SB 10)

Disability benefits under the South Dakota Retirement System revised.


         ENTITLED, An Act to  establish and revise certain provisions relating to South Dakota Retirement System disability benefits.

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

     Section  1.  That chapter 3-12 be amended by adding thereto a NEW SECTION to read as follows:

     A member's disability allowance shall terminate one year after the earliest of the following:

             (1)    The member no longer is disabled;

             (2)    The member no longer is subject to the medical condition that caused the disability;

             (3)    The member refuses to undergo a medical examination requested by the system for the purpose of reviewing the medical condition that caused the disability;

             (4)    The member returns to continuous employment in the position the member held prior to becoming disabled; or

             (5)    The member returns to continuous employment in a position of comparable level to the position the member held prior to becoming disabled.

     However, a member's disability allowance shall terminate immediately if the member's disability allowance is converted to a service retirement allowance pursuant to §  3-12-103.


     Section  2.  That § 3-12-141 be amended to read as follows:

     3-12-141.   No application for disability benefits under this chapter may be determined until the employer has certified to the system that , within the employer's understanding of the member's medical condition and the employer's knowledge of the member's employment requirements and duties, the employer is unable to provide either effective accommodations to the member in the member's current position or comparable level employment in another position to the member.

     Signed February 28, 2006
_______________