South Dakota Statutes

Title 3 - PUBLIC OFFICERS AND EMPLOYEES

Chapter 01 - Qualification and Terms of Office
- Section 3-1-1 - Officers to qualify as provided by chapters--Reelected incumbents.
- Section 3-1-1.1 - Draft registration compliance as prerequisite to hiring by governmental body oragency.
- Section 3-1-2 - Time of commencement of term of office.
- Section 3-1-3 - Time allowed for qualification after decision of contest or removal of obstruction.
- Section 3-1-4 - Repealed.
- Section 3-1-5 - Oath of office for civil officers--Bond.
- Section 3-1-6 - Repealed.
- Section 3-1-7 - Omitted.
- Section 3-1-8 - Acting as officer without qualifying as misdemeanor--Validity of acts of de factoofficer.
- Section 3-1-9 - Falsely pretending to be public officer as misdemeanor.
Chapter 01A - Officers' Statements of Financial Interest
- Section 3-1A-1 - Definition of terms.
- Section 3-1A-2 - Additions and corrections filed on assumption of elective state office.
- Section 3-1A-3 - Statements required of appointive state officers.
- Section 3-1A-4 - Additions and corrections filed on assumption of elective local office.
- Section 3-1A-5 - Forms provided--Value not required--Verification--Open to public inspection.
Chapter 02 - Deputies and Assistants
- Section 3-2-1 - Appointment of deputy to be in writing--Revocation--Filing.
- Section 3-2-2 - Dual offices to be avoided in appointment of deputies.
- Section 3-2-3 - Oath required of deputies and assistants.
Chapter 03 - Veterans' Preference in Employment
- Section 3-3-1 - Veterans preferred in public employment--Age or physical impairment not disqualifying--Veterans with service-connected disabilities preferred.
- Section 3-3-2 - Investigation and employment of veteran applicants.
- Section 3-3-3 - Mandamus available to enforce veterans' preference.
- Section 3-3-4 - Restrictions on removal of veteran from employment--Hearing and review--Burden of proof.
- Section 3-3-5 - Noncompliance as misdemeanor.
- Section 3-3-6 - Confidential and policy-making positions exempt from chapter.
- Section 3-3-7 - Unmarried spouse of deceased veteran--Entitlement to preference under certain conditions.
Chapter 04 - Vacancies in Office
- Section 3-4-1 - Events causing vacancy in office.
- Section 3-4-2 - Resignation of office--To whom made.
- Section 3-4-3 - Appointments to fill vacancies--By whom made.
- Section 3-4-4 - Filling vacancies in board of county commissioners.
- Section 3-4-5 - Vacancies occurring immediately prior to election.
- Section 3-4-6 - Appointments in writing--Duration of appointment--Filling of vacancies--Officewhere filed.
- Section 3-4-7 - Qualification by persons appointed to fill vacancies.
- Section 3-4-8 - Temporary resignation for members of National Guard or reserves--Notice--Temporary replacement--Length of term.
Chapter 05 - Official Bonds
- Section 3-5-1 - Bonds of state officers and employees--Approval, recording, and safekeeping.
- Section 3-5-10 - Recording fee of register of deeds.
- Section 3-5-11 - Bonds and oaths to cover all duties of office--Noncomplying bonds valid as to mattercontained.
- Section 3-5-12 - New bond or restoration of bond becoming insufficient.
- Section 3-5-2 - Bonds of county officers--Approval and filing.
- Section 3-5-3 - Amount of bonds.
- Section 3-5-4 - Sureties on bonds.
- Section 3-5-5 - Premiums on corporate surety bonds.
- Section 3-5-5.1 - Blanket or individual bonds for state officers and employees.
- Section 3-5-6 - Limitation of liability by surety.
- Section 3-5-7 - Reelected incumbent to account for funds and property before new bond approved.
- Section 3-5-8 - Endorsement of approval of bonds.
- Section 3-5-9 - Recording of bonds of county and precinct officers.
Chapter 06 - Conditions of Employment
- Section 3-6-10 - Leave of absence without pay.
- Section 3-6-10.1 - Promulgation of rules governing leaves of absence and other benefits.
- Section 3-6-17 - Hours of employment of city fire department employees.
- Section 3-6-18 - Hours of employment of public officers and agricultural employees.
- Section 3-6-19 - Reinstatement of officers or employees released from armed forces.
- Section 3-6-20 - Priority of reinstatement among officers and employees released from armed forces.
- Section 3-6-21 - Rights of replacements for officers and employees performing duty in armed forces.
- Section 3-6-22 - Reservist leave for military training or service--Restoration of position with the samestatus, pay, and seniority.
- Section 3-6-23 - Active military service defined.
- Section 3-6-24 - Reservist leave for military training--Advantages of employment not affected.
- Section 3-6-25 - Reservists' remedies for enforcement of leave rights.
- Section 3-6-26 - Freedom of speech of officers and employees guaranteed.
- Section 3-6-27 - Rules restricting or prohibiting right to express opinions prohibited.
- Section 3-6-28 - Repealed.
- Section 3-6-29 - Repealed.
- Section 3-6-30 - Holiday benefit eligibility.
- Section 3-6-31 - Leave from work granted to disaster service volunteers.
- Section 3-6-5.1 - Temporary, emergency, inmate, and student employees' holiday compensation.
- Section 3-6-6 - Vacation leave--Accrual and accumulation--Advanced leave.
- Section 3-6-6.1 - Employees entitled to vacation leave--Temporary, emergency, inmate, and studentemployees excepted--Part-time employees.
- Section 3-6-6.2 - Terminal vacation on retirement or resignation--Lump-sum payment option--Paymentupon death.
- Section 3-6-7 - Sick leave--Accrual and accumulation--Proof of sickness--Vacation leave used for sickness--Personal emergency leave.
- Section 3-6-7.1 - Accrual of vacation or sick leave prohibited while receiving workers' compensation--Exception.
- Section 3-6-8 - Advance sick leave.
- Section 3-6-8.1 - Workers' compensation not payable while on vacation or sick leave.
- Section 3-6-8.2 - Use of sick leave or vacation pay to supplement workers' compensation.
- Section 3-6-8.3 - Payment for accrued unused sick leave on termination of employment--Time andmanner of payment.
- Section 3-6-8.4 - Donation of accrued vested leave to another employee_Approval by Bureau ofPersonnel.
- Section 3-6-8.5 - Restrictions on donation of leave.
- Section 3-6-8.6 - Donation of vacation leave to recipient caring for terminally ill family member--Approval by bureau.
- Section 3-6-9 - Accrued leave transferred when employee transferred between agencies.
- Sections 3-6-1 to 3-6-5 - Repealed
- Sections 3-6-11 to 3-6-16 - Repealed
Chapter 06A - Career Service Personnel Management System
- Section 3-6A-1 - Purpose of chapter.
- Section 3-6A-10 - Salary of coordinator--Facilities--Supervision.
- Section 3-6A-11 - Staff appointed by personnel commissioner.
- Section 3-6A-12 - Personnel management functions of bureau.
- Section 3-6A-13 - Officers and employees covered by chapter--Exceptions.
- Section 3-6A-14 - Merit standards for personnel management actions.
- Section 3-6A-14.1 - Veterans' preferences unimpaired.
- Section 3-6A-15 - Discrimination prohibited--Violation as misdemeanor.
- Section 3-6A-16 - Public interest represented by commission.
- Section 3-6A-17 - Advice to Governor and personnel commissioner.
- Section 3-6A-18 - Institutions and organizations to benefit from improvement of standards.
- Section 3-6A-19 - Commission secretary.
- Section 3-6A-2 - Definition of terms.
- Section 3-6A-20 - Repealed.
- Section 3-6A-21 - Rules for recruitment, selection, and promotion.
- Section 3-6A-22 - Eligibility for vacancies in career service.
- Section 3-6A-23 - Selection and appointment from eligible list--Misdemeanor.
- Section 3-6A-24 - Delegation of administrative functions to institutions and departments.
- Section 3-6A-25 - Repealed.
- Section 3-6A-26 - Development of personnel programs.
- Section 3-6A-27 - Employee improvement programs.
- Section 3-6A-28 - Promulgation of position classification rules.
- Section 3-6A-29 - Promulgation of pay system rules.
- Section 3-6A-3 - Repealed.
- Section 3-6A-30 - Approval of payrolls.
- Section 3-6A-31 - Records on employees.
- Section 3-6A-32 - Information to and communications with departments.
- Section 3-6A-33 - Communications with career service employees.
- Section 3-6A-34 - Repealed.
- Section 3-6A-35 - Approval or rejection of labor contracts and settlements.
- Section 3-6A-36 - Promulgation of rules governing conditions of work and grievance procedures.
- Section 3-6A-37 - Commission as grievance review board.
- Section 3-6A-38 - Hearing before Career Service Commission--Notice and time limitation--Summarydisposition of certain grievances.
- Section 3-6A-38.1 - Determination as to good cause for discipline of employee--Order upholding orreversing agency decision.
- Section 3-6A-38.2 - Award of back pay and benefits to employees disciplined without good cause--Reinstatement order--Resolution of adverse impact on budget.
- Section 3-6A-4 - Career Service Commission created--Political affiliation of members--Appointment--Vacancy.
- Section 3-6A-41 - Grants and contributions accepted.
- Section 3-6A-42 - Records of administrative costs--Billing of agencies using federal or special funds.
- Section 3-6A-43 - Budgeting and remittance of federal support for administration.
- Section 3-6A-44 - False reports and fraud prohibited--Misdemeanor.
- Section 3-6A-45 - Repealed.
- Section 3-6A-46 - Interference with rights under chapter--Secret information--Misdemeanor.
- Section 3-6A-47 - Repealed.
- Section 3-6A-48 - Ineligibility for appointment after conviction--Forfeiture of position.
- Section 3-6A-49 - Repealed.
- Section 3-6A-5 - Removal of commission member--Procedure.
- Section 3-6A-50 - Repealed.
- Section 3-6A-51 - Repealed.
- Section 3-6A-6 - Meetings of commission--Chairman--Quorum.
- Section 3-6A-7 - Repealed.
- Section 3-6A-8 - Appointment of coordinator of employee relations.
- Section 3-6A-9 - Coordinator as management spokesman in collective bargaining.
- Sections 3-6A-36.1, 3-6A-36.2 - Repealed
- Sections 3-6A-39, 3-6A-40 - Assistance by other state departments--Departmental procedures. Appropriations for administrative costs
Chapter 06B - Student Intern Program
- Section 3-6B-1 - Intern program created--Purpose.
- Section 3-6B-2 - Rules and regulations governing program--Scope.
- Section 3-6B-3 - Preference to South Dakota residents or students.
- Section 3-6B-3.1 - Political affiliation of interns.
- Section 3-6B-4 - Administrator appointed--Duties.
- Section 3-6B-5 - Assignment of interns to departments--Consent of department head.
Chapter 07 - Law Enforcement Civil Service
- Section 3-7-1 - Law Enforcement Civil Service Commission created--Political affiliation of members--Appointment--Vacancy.
- Section 3-7-1.1 - Supervision by Bureau of Personnel--Independent functions of commission.
- Section 3-7-10 - Repealed.
- Section 3-7-11 - Register of applicants for each class of positions.
- Section 3-7-12 - Repealed.
- Section 3-7-13 - Restoration of chief or superintendent or their deputies to former position followingremoval.
- Section 3-7-14 - Repealed.
- Section 3-7-14.1 - Probationary period--Civil service benefits on conclusion of period.
- Section 3-7-15 - Repealed.
- Section 3-7-16 - Disciplinary action--Notice and filing of statement.
- Section 3-7-17 - Disciplinary action--Hearing by commission--Appeal.
- Section 3-7-18 - Promulgation of rules.
- Section 3-7-19 - Repealed.
- Section 3-7-2 - Removal of commissioner from office--Notice and hearing.
- Section 3-7-20 - Personnel management actions--Compliance with merit standards.
- Section 3-7-21 - Programs to improve employee effectiveness.
- Section 3-7-22 - Employee records.
- Section 3-7-23 - Labor contracts and settlements--Personnel commissioner to approve or reject.
- Section 3-7-24 - Human Relations Act, compliance with.
- Section 3-7-3 - Officers of commission--Meetings--Quorum.
- Section 3-7-4 - Repealed.
- Section 3-7-5 - Employees subject to chapter.
- Section 3-7-5.1 - System continued in force.
- Section 3-7-6 - Promulgation of position classification rules.
- Section 3-7-7 - Promulgation of pay system rules.
- Section 3-7-7.1 - Payroll to comply with chapter--Personnel commissioner's approval.
- Section 3-7-8 - Repealed.
- Section 3-7-9 - Promulgation of rules governing recruitment, examination, selection, and promotion.
Chapter 08 - Compensation of Officers and Employees
- Section 3-8-1 - Constitutional officers to devote full time to office--Compensation limited tosalaries--Businesses engaged in prior to taking office.
- Section 3-8-1.13 - Compensation defined.
- Section 3-8-10 - Probate proceedings not required for payment to spouse or children of deceasedemployee--Discharge of liability.
- Section 3-8-11 - Cancellation and replacement of warrant payable to deceased employee.
- Section 3-8-12 - Salary increase of full-time elected official who may vote on own salary delayed.
- Section 3-8-13 - Longevity pay for state employees.
- Section 3-8-2 - Annual appropriation for salaries of constitutional officers.
- Section 3-8-2.1 - Adjustment of salaries of constitutional officers and judges.
- Section 3-8-3 - Salaried state officer retaining money received as theft.
- Section 3-8-4 - Dual salaries prohibited.
- Section 3-8-4.1 - Salary or per diem prohibited for service by state employee on board, commission,committee, or council--Reimbursement of expenses.
- Section 3-8-4.2 - Compensation permitted for other state employment during off duty hours.
- Section 3-8-4.3 - Compensation permitted for other state employment during unpaid leave of absence.
- Section 3-8-5 - Repealed.
- Section 3-8-6 - Time of payment of compensation and expenses of state officers and employees.
- Section 3-8-6.1 - Repealed.
- Section 3-8-6.2 - Central payroll system administered by Bureau of Finance and Management--Rulesand regulations.
- Section 3-8-6.3 - Full-time equivalent staffing report.
- Section 3-8-7 - Effective date of census in determining salaries.
- Section 3-8-8 - Accrued compensation payable to spouse and children of deceased employee if estateexempt from creditors' claims.
- Section 3-8-9 - Information required for payment to spouse or children of deceased employee.
- Sections 3-8-1.1 to 3-8-1.12 - Repealed
- Sections 3-8-5.1 to 3-8-5.4 - Repealed
Chapter 09 - Travel Expenses and Allowances
- Section 3-9-1 - Mileage rate for automobile allowances.
- Section 3-9-10 - Voucher and supporting document for household moving allowance.
- Section 3-9-11 - Rules and regulations on household moving allowance--Prior approval required.
- Section 3-9-12 - State policy on moving allowance in recruitment of professional staff--Maximumamount.
- Section 3-9-13 - Travel advances authorized.
- Section 3-9-14 - Advances from appropriated funds--Limitation.
- Section 3-9-15 - Itemized statement of expenses--Repayment of excess--Crediting of repayments.
- Section 3-9-16 - Immediate accounting on termination of state employment.
- Section 3-9-17 - Withholding from payments to employee not accounting for travel advance.
- Section 3-9-18 - Rules governing travel advances.
- Section 3-9-2 - Meals and lodging expense reimbursable--Per diem allowance--Actual costs.
- Section 3-9-3 - Trip insurance on flights.
- Section 3-9-4 - Consent of responsible officer or department required for out-of-state travel.
- Section 3-9-5 - Authorization of out-of-state travel by members and officers of Legislature.
- Section 3-9-5.1 - Authorization of out-of-state travel by officers and employees of Department ofLegislative Audit and Legislative Research Council.
- Section 3-9-5.2 - Authorization of out-of-state travel by employees delegated by Board of Regents.
- Section 3-9-6 - Delegation to responsible officers of power to authorize out-of-state travel--Federalregulations applicable.
- Section 3-9-7 - Expenses for political meetings not reimbursable--Rules for receipt of expenses forattending fairs and other public meetings.
- Section 3-9-8 - Accounting for reimbursable expenses--When receipts required.
- Section 3-9-9 - Household moving allowance--Persons entitled.
Chapter 10 - Voluntary Salary Deductions
- Section 3-10-1 - Savings bond purchase programs authorized by public employers.
- Section 3-10-2 - Salary deduction authorized by signature of married person or minor.
- Section 3-10-3 - Accounting for funds deducted from salaries--Trust funds--Wage assignmentrestrictions not applicable.
- Section 3-10-4 - Participation in tax-sheltered annuities authorized--Salary deductions.
- Section 3-10-5 - Withholding from salary and purchase of annuity--Periodic payments.
- Section 3-10-6 - Purchase of life insurance to guarantee retirement annuities.
- Section 3-10-7 - Transfer of previously owned annuity to payment by public employer.
Chapter 11 - Social Security Coverage
- Section 3-11-1 - Legislative policy.
- Section 3-11-12 - State institutions with income-producing auxiliary activities to pay employercontributions--Report.
- Section 3-11-13 - Political subdivisions to pay employer contributions.
- Section 3-11-14 - Counties to budget for employer contributions.
- Section 3-11-15 - County auditors to certify school districts annually.
- Section 3-11-16 - Payment of subdivision contributions authorized--Payroll deductions.
- Section 3-11-17 - Reports required of political subdivisions.
- Section 3-11-18 - Municipalities to include funds in annual appropriation ordinances--Specialappropriation when omitted.
- Section 3-11-19 - Omitted.
- Section 3-11-2 - Definition of terms.
- Section 3-11-20 - Special appropriations by political subdivisions.
- Section 3-11-21 - Recovery of delinquent payments from subdivisions with interest and penalty.
- Section 3-11-22 - County auditor may collect delinquent contributions from subdivisions--Travel costs.
- Section 3-11-23 - Special revenue fund for premiums and interest on delinquent contributions.
- Section 3-11-24 - Rules and regulations--Required coverage.
- Section 3-11-25 - Interstate instrumentalities authorized to enter and implement own agreements.
- Section 3-11-3 - Division in state auditor's office.
- Section 3-11-4 - Administrator and employees of the division.
- Section 3-11-4.1 - Payroll deductions authorized--Failure to deduct not release--Adjustment or refundwithout interest.
- Section 3-11-5 - State and subdivision employees covered by federal act--Subdivisions later broughtin.
- Section 3-11-6 - Federal agreement authorized--Scope of agreement--Modification.
- Section 3-11-7 - Payment of employer's share for state employees--Payroll deductions of stateemployee's share--Disbursement.
- Section 3-11-8 - Funds acceptable for reimbursement to state of employer contributions.
- Section 3-11-9 - Fee-generating state agencies to pay employer contributions--Report.
- Sections 3-11-10, 3-11-11 - Repealed
Chapter 12 - South Dakota Retirement System
- Section 3-12-1 - Repealed.
- Section 3-12-100 - Criteria for determining disability--Uniform application.
- Section 3-12-101 - Deduction of other public benefits from disability allowance--Reduction whenchildren become ineligible--Amount of allowance.
- Section 3-12-102 - Repealed.
- Section 3-12-103 - Conversion of disability allowance to normal retirement allowance at retirement age.
- Section 3-12-103.1 - Termination of disability allowance.
- Section 3-12-104 - Election of additional survivor protection--Commencement and termination ofadditional contribution.
- Section 3-12-104.1 - Extension of survivor protection option to current contributing members--Limitationon future extensions.
- Section 3-12-104.2 - New enrollments in additional survivor protection prohibited.
- Section 3-12-107 - Adjustment of early retirement benefits so greater initial benefits equal later lesserbenefits when combined with social security.
- Section 3-12-108 - Modified monthly allowance permitted--Time and effect of election.
- Section 3-12-109 - Duplicate benefits prohibited unless from another member's contributions.
- Section 3-12-110 - Balance of accumulated contributions refunded to beneficiary or family--Reversionto system of unclaimed payments.
- Section 3-12-111 - Suspension of retirement allowance during reemployment prior to July 1, 2004--Recalculation of additional allowance.
- Section 3-12-111.1 - Suspension of retirement allowance during reemployment for members whoreentered employment between July 1, 2004 and April 1, 2010--Allowance uponsubsequent retirement.
- Section 3-12-112 - Benefits payable only as monthly allowance--Lump-sum payments prohibited unlessspecified.
- Section 3-12-113 - Time of termination of benefits.
- Section 3-12-114 - Correction of errors--Adjustment to actuarial equivalent.
- Section 3-12-115 - Exemption of contributions and benefits from taxation and process.
- Section 3-12-116 - Lump-sum payments where designated beneficiary does not survive member--Reversion to system of unclaimed payments.
- Section 3-12-117 - Investment of assets by investment council--Pooling of funds--Standards forinvestment--Compliance with federal divestiture enactments.
- Section 3-12-118 - Quadrennial independent report on investment performance--Contents of report.
- Section 3-12-119 - Review of investment policy when return lower than average--Report to Governorand Legislature.
- Section 3-12-120 - Annual actuarial valuation of system--Scope of valuation.
- Section 3-12-120.1 - Independent actuarial review of retirement system mandated--Issues.
- Section 3-12-120.2 - Committee to request proposals--Designation of actuary--Date of report.
- Section 3-12-120.3 - Payment for review.
- Section 3-12-121 - Actuarial assumptions on which valuation based--Report of change.
- Section 3-12-122 - System funding review--Report required upon existence of specified conditions--Recommended changes.
- Section 3-12-123 - Intent to protect previously retired members of systems.
- Section 3-12-124 - Increase in benefits for previously retired members of systems.
- Section 3-12-125 - Adjustment of increase for retired members electing optional payment or earlyretirement.
- Section 3-12-126 - Previously retired members paid from consolidated fund.
- Section 3-12-127 - Members of consolidated systems entitled to benefits of prior law--Retention byadministrator of Compiled Laws and supplements.
- Section 3-12-128 - Citation of chapter.
- Section 3-12-129 - Calculating benefits of air rescue firefighter.
- Section 3-12-130 - Conversion of credited service.
- Section 3-12-130.1 - Purchase of certain public service as class B service.
- Section 3-12-131 - Eligibility for benefits upon becoming full-time employee within twelve months afterwithdrawal.
- Section 3-12-132 - Retirement benefits for certain city of Aberdeen employees.
- Section 3-12-133 - Aberdeen firefighters to participate in system.
- Section 3-12-134 - Eligible benefits for Aberdeen firefighters.
- Section 3-12-135 - Amount to be paid by municipality of Aberdeen.
- Section 3-12-136 - Funds from Aberdeen municipality considered member contributions.
- Section 3-12-138 - Repealed.
- Section 3-12-141 - Employer certification of inability to provide effective accommodations orcomparable employment.
- Section 3-12-142 - Disability documentation inadmissible for proceedings relative to workers'compensation.
- Section 3-12-143 - Maximum amount of disability allowance--Reporting earned income.
- Section 3-12-153 - Mitchell firefighters as members of system.
- Section 3-12-154 - Benefits for Mitchell firefighters--Improvement factor.
- Section 3-12-155 - Retirement of Mitchell firefighters.
- Section 3-12-156 - Amount of payment to system by city of Mitchell.
- Section 3-12-157 - Transfer of city of Mitchell firemen's pension plan funds as member contributions.
- Section 3-12-158 - Information required of city of Mitchell.
- Section 3-12-159 - Huron firefighters as members of system.
- Section 3-12-160 - Benefits for Huron firefighters--Improvement factor.
- Section 3-12-161 - Retirement of Huron firefighters.
- Section 3-12-162 - Amount of payment to system by City of Huron.
- Section 3-12-163 - Transfer of city of Huron firemen's pension plan funds as member contributions.
- Section 3-12-164 - Information required of city of Huron.
- Section 3-12-189 - Supplemental pension benefit created.
- Section 3-12-190 - Interest rate assumption--Suspension of new supplemental pension contracts--Noright to particular price.
- Section 3-12-191 - Rollover of funds--Single premium--Contract effective upon signing--Payment ofbenefits.
- Section 3-12-192 - Type of supplemental pension benefits based on marital status.
- Section 3-12-193 - Annual increase in supplemental pension benefits.
- Section 3-12-194 - Death of participant or spouse--Lump sum distribution to beneficiaries--Time formaking claim.
- Section 3-12-195 - Contract purchases and benefit payments deemed qualified plan distributed annuitycontracts.
- Section 3-12-196 - Minimum distribution rules and annual benefit limitations.
- Section 3-12-197 - Applicability of certain retirement system provisions.
- Section 3-12-198 - Exemption from Title 58 and from securities and agent registration.
- Section 3-12-199 - Invalid retirement--Repayment of retirement annuity payments.
- Section 3-12-46 - Previous retirement systems consolidated--Purpose.
- Section 3-12-47 - Definition of terms.
- Section 3-12-47.1 - Effect of credited service provision.
- Section 3-12-47.2 - Refund for purchase cost of noncontributing service.
- Section 3-12-47.3 - Date of application of prorated payment of interest.
- Section 3-12-47.4 - Date of application of prorated payment of improvement factor.
- Section 3-12-48 - Board of Trustees created--Composition.
- Section 3-12-49 - Election of trustees--Terms of office.
- Section 3-12-50 - Oath of office of trustees.
- Section 3-12-51 - Compensation and expenses of trustees.
- Section 3-12-52 - Meetings of board--Chairman and vice-chairman--Votes required for decision.
- Section 3-12-53 - Disqualification of trustee by loss of qualifying status--Filling of vacancy.
- Section 3-12-54 - System managed by board--Standard of conduct--Legal advice.
- Section 3-12-55 - Appointment and term of administrator--Salary--Employment of personnel--Bond ofadministrator.
- Section 3-12-56 - Applications to administrator for membership or benefits.
- Section 3-12-57 - Repealed.
- Section 3-12-57.1 - Grievance procedure--Administrative and judicial review.
- Section 3-12-58 - Rules for administration.
- Section 3-12-58.1 - Confidentiality of records--Exceptions.
- Section 3-12-59 - Record of board proceedings--Biennial report.
- Section 3-12-60 - Business name of system--Treasurer.
- Section 3-12-61 - Expense fund continued--Transfer from retirement system fund--Report of budget--Appropriation and disbursement for expenses.
- Section 3-12-62 - Employees included as members of system.
- Section 3-12-62.1 - Department of Labor employees--Membership in system--Benefits and creditedservice.
- Section 3-12-62.10 - Watertown firemen pension fund members--Credited service.
- Section 3-12-62.11 - Watertown firemen--Benefits paid from the system--Minimum benefit.
- Section 3-12-62.12 - Watertown firemen--Payments by Watertown.
- Section 3-12-62.13 - Watertown firemen--Crediting transfers from city of Watertown firemen pensionfund.
- Section 3-12-62.2 - Rapid City firemen--Membership in system--Benefits and credited service.
- Section 3-12-62.3 - Rapid City firemen--Retirement benefits--Normal retirement age.
- Section 3-12-62.4 - Rapid City firemen--Payments from public employees retirement fund.
- Section 3-12-62.5 - Rapid City firemen--Payments by Rapid City.
- Section 3-12-62.6 - Rapid City firemen--Crediting of transfers from Rapid City pension fund.
- Section 3-12-62.7 - Repealed.
- Section 3-12-62.8 - Conservation officers--Calculation of benefits.
- Section 3-12-62.9 - Benefits of conservation officers employed by Department of Game, Fish and Parks,Division of Custer State Park, and park rangers--Credited service.
- Section 3-12-63 - Officers and employees excluded from membership in the system.
- Section 3-12-64 - Elective officers permitted to join system--Service credited.
- Section 3-12-67 - Election by political subdivision or public corporation to participate in consolidatedsystem.
- Section 3-12-68 - Coverage of joint employees of participating and nonparticipating politicalsubdivisions.
- Section 3-12-69 - Accrued benefit deposit required when political subdivision or public corporationjoins consolidated system--Participation by employees--Deferred payment of deposit.
- Section 3-12-69.1 - Board of Regents employees--Definition of balances.
- Section 3-12-69.2 - Existing regents' contracts preserved--Expansion of retirement plan--Transition.
- Section 3-12-69.3 - Contract for purchase of service for Board of Regents.
- Section 3-12-69.4 - Contributory service credited to Board of Regents employees--Eligibility ofnonparticipating employees--Qualification for prior credited service.
- Section 3-12-69.5 - Normal retirement allowance reduced by actuarial equivalent--Deposit of individualbalance--Member contributions.
- Section 3-12-70 - Effective date of participation of employees of participating unit.
- Section 3-12-71 - Rate of contributions--Deduction from pay--Employer to make members'contributions.
- Section 3-12-72 - Monthly transmission of contributions--Deposit in fund.
- Section 3-12-72.1 - Use of fund restricted.
- Section 3-12-72.2 - Rights of members on termination of system or discontinuance of contributions.
- Section 3-12-72.3 - Diversion of funds prohibited--Legislative policy.
- Section 3-12-72.4 - Privatization of governmental function.
- Section 3-12-73 - Service records and employee information furnished by employers.
- Section 3-12-74 - Deduction of delinquent contributions from payments due from state--Penalty andinterest.
- Section 3-12-75 - Retirement allowance to terminated member with vested right--Calculation.
- Section 3-12-76 - Withdrawal of accumulated contributions on termination of public service--Exception.
- Section 3-12-76.1 - Withdrawal of accumulated contributions by member who does not terminate publicservice.
- Section 3-12-76.2 - Application of forfeitures.
- Section 3-12-76.3 - Distribution by direct rollover.
- Section 3-12-77 - Contributions left in system on termination of employment without vested right--Maximum period--Forfeiture.
- Section 3-12-77.1 - Uncollected payments from system--Reversion.
- Section 3-12-77.2 - Forfeiture of contributions to predecessor system.
- Section 3-12-77.3 - Reinstatement of terminated rights.
- Section 3-12-77.4 - Early withdrawal precludes additional refund.
- Section 3-12-78 - Prior service credit on return of nonvested member to employment.
- Section 3-12-79 - Repealed.
- Section 3-12-80 - Redeposit of contributions by member returning to service--Time of redeposit.
- Section 3-12-81 - Repealed.
- Section 3-12-81.1 - Reemployment of retired member--Termination of relationship with initialparticipating unit--Hiring procedures.
- Section 3-12-82 - Retirement allowances for members who reentered covered employment betweenJuly 1, 2004 and April 1, 2010.
- Section 3-12-83 - Purchase of prior service credit--Calculation of amount due.
- Section 3-12-83.1 - Purchase of prior service credit on tax-deferred basis.
- Section 3-12-84.1 - Acquisition of credited service through transfer of funds--Requirements.
- Section 3-12-84.2 - Purchase of nonqualified permissive service credit allowed.
- Section 3-12-84.3 - Acquisition of credited service for members mobilized into certain federal militaryservice.
- Section 3-12-85 - Service credit for leave of absence--Contributions to cover period of absence.
- Section 3-12-86 - Service credit for military leave of absence--Return to employment after service.
- Section 3-12-87 - Valuation of purchased prior service credit--Installment payments--Death of member--Adjustment when installments not paid.
- Section 3-12-88 - Benefits increased by improvement factor--Increase elimination.
- Section 3-12-89 - Uniform application of service credit rules.
- Section 3-12-89.1 - Rules regulating maximum annual benefit required.
- Section 3-12-90 - Commencement of benefits on early or normal retirement--Termination of benefits--Maximum retroactive benefits on late application.
- Section 3-12-90.10 - Repealed.
- Section 3-12-90.9 - Repealed.
- Section 3-12-91 - Amount of normal retirement allowance for class A members.
- Section 3-12-91.1 - Additional contribution by participating unit.
- Section 3-12-92 - Amount of normal retirement allowance for certain class B members.
- Section 3-12-92.1 - Penitentiary correctional staff benefits.
- Section 3-12-92.2 - Calculation of benefits for sheriffs and deputies--Prior elective rights preserved.
- Section 3-12-92.3 - Calculation of benefits of parole agent.
- Section 3-12-92.4 - Amount of retirement allowance for justice, judge, or magistrate judge.
- Section 3-12-92.5 - Repealed.
- Section 3-12-92.6 - Adjustments in allowance for certain retirees based on time and circumstances ofretirement.
- Section 3-12-93 - Amount of benefits for justice or judge mandatorily retired.
- Section 3-12-94 - Spouse's allowance on death of member after retirement age.
- Section 3-12-94.1 - Allowance to surviving spouse of law enforcement officer retired for disability.
- Section 3-12-95 - Family benefits payable on death of contributing member before retirement.
- Section 3-12-95.1 - Benefits payment on minor's behalf to be made to custodian or conservator.
- Section 3-12-96 - Deductions of member's primary social security from benefits.
- Section 3-12-97 - Family benefits in lieu of other death benefits--Election by designated beneficiary towithdraw accumulated contributions.
- Section 3-12-98 - Eligibility for disability allowance--Filing deadline.
- Section 3-12-99 - Amount of monthly disability allowance.
- Section 3-12-99.1 - Elimination of allowance as children become ineligible.
- Sections 3-12-105, 3-12-106 - Amount of additional survivor protection benefits--Termination. Early retirement--Reduction of monthly payments
- Sections 3-12-139, 3-12-140 - No additional benefits where allowance terminated prior to July 1, 1994. Regaining credited service lost due to mandatory refunds
- Sections 3-12-144 to 3-12-152 - Repealed
- Sections 3-12-165 to 3-12-188 - Transferred
- Sections 3-12-2 to 3-12-45 - Repealed
- Sections 3-12-65, 3-12-66 - Continuation of previously established retirement plan of political subdivision or public corporation--Vote of employees required to participate in consolidated system. New
- Sections 3-12-83.2, 3-12-84 - Purchase of prior service credit by member of tax-qualifying purchase unit. Purchase of prior service credit for public service not covered by retirement plan
- Sections 3-12-90.1 to 3-12-90.5 - Repealed
- Sections 3-12-90.6 to 3-12-90.8 - Repealed
Chapter 12A - Public Employees' Health and Life Insurance
- Section 3-12A-1 - Definition of terms.
- Section 3-12A-10 - State employees excluded from plans.
- Section 3-12A-13 - Effective dates of coverage for new employees.
- Section 3-12A-14 - Elective coverage of dependents.
- Section 3-12A-15 - Election of dependent coverage after initial rejection.
- Section 3-12A-16 - Election of dependent coverage after change in dependency status.
- Section 3-12A-17 - Change in number of dependents covered.
- Section 3-12A-18 - Coverage of retired employees.
- Section 3-12A-19 - Employer contributions to system--Crediting and disbursement.
- Section 3-12A-2 - Group health and dental insurance plans authorized--Promulgation of rules.
- Section 3-12A-20 - Separate premium billing rates for political subdivision employees.
- Section 3-12A-21 - Deduction of premiums from salaries--Crediting and disbursement.
- Section 3-12A-22 - Funds transferred to trust fund--Disbursements.
- Section 3-12A-22.1 - Transfer of funds to South Dakota Political Subdivision Health Care Group--Expiration--Amount--Purpose.
- Section 3-12A-23 - Certificates issued to individual employees.
- Section 3-12A-24 - Persons to whom benefits payable.
- Section 3-12A-25 - Promulgation of rules to administer chapter.
- Section 3-12A-26 - Repealed.
- Section 3-12A-27 - Flexible benefits plan established.
- Section 3-12A-28 - Terms used in §§ 3-12A-27 to 3-12A-33.
- Section 3-12A-29 - Eligibility.
- Section 3-12A-3 - Commissioner as chief administrative officer--Duties--Employment of personnel.
- Section 3-12A-30 - Compensation deductions.
- Section 3-12A-31 - Flexible dollars--Benefits selected by bureau of personnel.
- Section 3-12A-32 - Repealed.
- Section 3-12A-33 - Promulgation of rules and regulations to administer program.
- Section 3-12A-34 - State employee workers' compensation program.
- Section 3-12A-34.1 - State Cement Plant former employee workers compensation claims.
- Section 3-12A-35 - Employer contribution of state employees workers' compensation premium--Crediting and disbursement.
- Section 3-12A-36 - State employee workers' compensation program fund.
- Section 3-12A-37 - Promulgation of rules for state employees workers' compensation program.
- Section 3-12A-4 - Scope and purposes of insurance plans.
- Section 3-12A-5 - Contracts with insurance carriers authorized.
- Section 3-12A-5.1 - Self-insured plan authorized--Employment of claims administrators.
- Section 3-12A-6 - Invitation for bids from insurance carriers--Factors considered in awarding contract.
- Section 3-12A-7 - Reinsurance clause authorized.
- Section 3-12A-8 - Discontinuance of contract and replacement.
- Section 3-12A-9 - State employees included in plans.
- Section 3-12A-9.1 - State employee's election of nonparticipation.
- Sections 3-12A-11 to 3-12A-12.1 - Repealed
- Sections 3-12A-2.1, 3-12A-2.2 - Repealed
Chapter 12B - Senior Citizen Prescription Drug Benefit Program [Repealed]
- Section 3-12B-2.1 - Obsolete.
- Sections 3-12B-1, 3-12B-2 - Repealed
Chapter 13 - Deferred Compensation Plan for Public Employees
- Section 3-13-49 - State deferred compensation plan--Agreements in writing--Administrative charge--Amounts deferred remitted to state deferred compensation fund.
- Section 3-13-49.1 - Political subdivisions.
- Section 3-13-50 - Administration of plan--Hiring and remuneration of additional employees.
- Section 3-13-51 - Repealed.
- Section 3-13-51.1 - Participants may invest funds in investments approved by state investment officer--Investment alternatives to be offered--Investment officer as fiduciary.
- Section 3-13-51.2 - Administrator and investment officer authorized to execute necessary contracts--Transfer of contracts in effect on July 1, 2000.
- Section 3-13-51.3 - Default designation of new investment selection upon termination of participant'scontract.
- Section 3-13-52 - Liability of plan or employer--Liability of board member or administrator for actiontaken in bad faith.
- Section 3-13-53 - State deferred compensation fund--Deposit of deferred compensation--Payment ofexpenditures from fund--Administrative expenses.
- Section 3-13-54 - Adoption of rules--Limitation on availability of accumulated deferred compensationto participant--Exception.
- Section 3-13-55 - Definition of terms.
- Sections 3-13-1 to 3-13-38 - Repealed
- Sections 3-13-39 to 3-13-48 - Repealed
Chapter 13A - South Dakota Special Pay Retirement Program
- Section 3-13A-1 - Special pay retirement program established.
- 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-16 - Payments and benefits under program not assignable or subject to creditors' actions.
- Section 3-13A-17 - Powers and duties of administrator.
- Section 3-13A-18 - Election by participating units of retirement system to participate in program--Rescission of participation.
- Section 3-13A-2 - Definitions.
- 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-22 - Distribution from participant's account--Forms of distribution--Time for election.
- Section 3-13A-23 - Date for commencement of annuity distributions--Interest--Distribution afterparticipant's death.
- Section 3-13A-24 - State investment officer to act as fiduciary--Certain persons prohibited from actingas third-party administrator or vendor.
- Section 3-13A-3 - Special pay fund established.
- Section 3-13A-4 - Board controls program as fiduciary--Promulgation of rules.
- Section 3-13A-5 - Transfer of special pay to fund upon termination of employment--Contribution limit.
- 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.
- Sections 3-13A-19 Trustee-to-trustee - transfer of participant's account to government defined-benefit retirement plan
Chapter 13B - State Cement Plant Employee Retirement
- Section 3-13B-1 - State Cement Plant former employee retirement benefits.
- Section 3-13B-2 - Maximum retirement benefits for cement plant former employees--Computation ofbenefits.
Chapter 14 - Expiration of Term of Office
- Section 3-14-1 - Holding over until successor qualified.
- Section 3-14-2 - Public property and accounts to be delivered to successor in office.
- Section 3-14-3 - Refusal to surrender official seal, books, or papers as misdemeanor.
- Section 3-14-4 - Exercising functions of office after expiration of term as misdemeanor.
Chapter 15 - Bribery and Interference with Officers [Repealed]
Chapter 16 - Malfeasance, Misfeasance and Nonfeasance in Office
- Section 3-16-1 - Willful failure to perform official duty as misdemeanor.
- Section 3-16-2 - Keeping office or property at unauthorized place as misdemeanor.
- Section 3-16-3 - Repealed.
- Section 3-16-6 - Repealed.
- Sections 3-16-4, 3-16-5 - Repealed
Chapter 17 - Removal from Office
- Section 3-17-1 - Removal of constitutional state officers by Governor--Grounds--Notice and hearing.
- Section 3-17-10 - Officer allowed expenses of defense after judgment for him in removal proceedings.
- Section 3-17-11 - Advancement of appeals on Supreme Court calendar--Circuit court order not stayedpending appeal.
- Section 3-17-12 - Suspension of state's attorney or sheriff pending prosecution.
- Section 3-17-13 - Effect of suspension.
- Section 3-17-14 - Appointment of acting state's attorney or sheriff.
- Section 3-17-15 - Compensation of acting state's attorney or sheriff.
- Section 3-17-16 - Powers and duties of acting state's attorney or sheriff.
- Section 3-17-17 - Restoration of state's attorney or sheriff to office.
- Section 3-17-18 - Time for trial of state's attorney or sheriff.
- Section 3-17-19 - Removal provisions unaffected.
- Section 3-17-2 - Removal of appointive state officers by Governor without cause.
- Section 3-17-20 - Suspension of certain county officials pending completion of criminal prosecution--Appointment of person to discharge duties--Restoration to office.
- Section 3-17-21 - Leave of absence status of suspended person.
- Section 3-17-22 - Compensation and duties of temporary appointee.
- Section 3-17-23 - Suspension of county commissioner pending completion of criminal prosecution--Restoration to office.
- Section 3-17-3 - Removal of local law enforcement officers by Governor--Grounds.
- Section 3-17-4 - Notice and hearing on removal of law enforcement officer.
- Section 3-17-5 - Law enforcement officer removed from office not eligible for new appointmentduring term--Salary payment for office as misdemeanor.
- Section 3-17-6 - Grounds for removal of local officers from office.
- Section 3-17-7 - Proceedings for removal of local officer--Pleadings and process.
- Section 3-17-8 - Suspension of local officer pending removal proceedings.
- Section 3-17-9 - Judgment of ouster in removal proceedings--Enforcement of judgment--Salary duringperiod of suspension if officer vindicated.
Chapter 18 - Public Employees' Unions
- Section 3-18-1 - Employees subject to chapter--Excluded officers and employees--Rights preservedto excluded persons.
- Section 3-18-1.1 - "Grievance" defined.
- Section 3-18-10 - Strikes prohibited--Right to submission of grievance.
- Section 3-18-11 - Consent to strikes by supervisors prohibited--Discharge from employment forsubmission of grievance prohibited.
- Section 3-18-14 - Injunctive relief in case of strike.
- Section 3-18-15 - Right of employee or representative to expression or communication of grievance notlimited.
- Section 3-18-15.1 - Grievance procedures to be established.
- Section 3-18-15.2 - Appeal to labor department--Investigation, hearing, and order by department--Summary disposition of certain claims--Board of Regents employees.
- Section 3-18-15.3 - Grievance procedure adopted in absence of departmental action.
- Section 3-18-15.4 - Change in policies not prohibited--Contractual rights preserved.
- Section 3-18-16 - Proceedings to establish nonparticipation in strike--Request by employee--Time forproceedings.
- Section 3-18-2 - Rights relating to labor organizations--Designation of representatives--Discrimination against employees exercising rights as misdemeanor--Good faithnegotiations--Intimidation.
- Section 3-18-3 - Exclusive representation by designated representatives--Right to adjust grievancespreserved.
- Section 3-18-3.1 - Unfair practices of employers defined.
- Section 3-18-3.2 - Unfair practices of employee organizations defined.
- Section 3-18-3.3 - Rules on unfair practices.
- Section 3-18-3.4 - Time for filing complaint on unfair practice.
- Section 3-18-4 - Investigation and hearing on refusal to grant formal recognition or on question ofdesignation of representation unit.
- Section 3-18-5 - Question on representative of employees--Petition for investigation or certification--Hearing to ascertain representatives for formal recognition.
- Section 3-18-6 - Rules of Department of Labor.
- Section 3-18-6.1 - Repealed.
- Section 3-18-7 - Tentative settlement between labor or employee organization and designatedrepresentatives of agency--Action by governing body or officer.
- Section 3-18-8 - Implementation of settlement between labor or employee organization and governingbody.
- Section 3-18-8.1 - Intervention by labor department on failure to reach agreement.
- Section 3-18-8.2 - Issuance of contracts by school districts prior to reaching agreement--Terms andconditions.
- Section 3-18-9 - "Strike" defined.
- Sections 3-18-12, 3-18-13 - Repealed
Chapter 19 - Indemnification of Officers and Employees
- Section 3-19-1 - Payment or indemnity allowable for costs, fees, judgments, or settlements in claimsor actions against officers or employees.
- Section 3-19-2 - Maximum payment or indemnity_Different maximum established by governingbody--Excess claim to Legislature.
- Section 3-19-3 - Determination of payment or indemnity by governing board or attorney general.
Chapter 20 - Reduced Tuition at State Colleges and Universities
- Section 3-20-1 - Reduced tuition for certain state employees--Annual record.
- Section 3-20-2 - Maximum credit hours to which reduced tuition may be applied.
- Section 3-20-3 - Participation in reduced tuition program limited to available space.
- Section 3-20-4 - Eligibility for reduced tuition benefits.
- Section 3-20-5 - Application for reduced tuition--Rules by Board of Regents.
Chapter 21 - Liability of Public Entities and Public Officials
- Section 3-21-1 - Terms defined.
- Section 3-21-10 - Immunity from lawsuits in courts of other jurisdictions.
- Section 3-21-11 - Who are agents of state for purposes of § 21-32-17.
- Section 3-21-2 - Notice prerequisite to action for damages--Time limit.
- Section 3-21-3 - Persons to whom notice must be given.
- Section 3-21-4 - Extension of time for service of notice for persons under certain disabilities--Timelimit for application to make extended service.
- Section 3-21-5 - Effect of inaccuracy in notice.
- Section 3-21-6 - Repealed.
- Section 3-21-7 - No waiver of sovereign immunity.
- Section 3-21-8 - No liability for failure to provide correctional facilities or equipment, services, etc.,therein.
- Section 3-21-9 - No liability for parole or release of prisoner or revocation thereof or for certain othermatters.