Section 3-12-99 - Amount of monthly disability allowance. - South-dakota Statutes

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3-12-99. Amount of monthly disability allowance. The disability allowance for the first thirty-six months shall be equal to fifty percent of the member's final average compensation immediately preceding the date of disability, increased by ten percent of such compensation for each child to a maximum of four such children.
Starting with the thirty-seventh month, if the member is eligible for and receiving disability benefits from social security, the disability allowance is equal to the greater of the amount paid during the first thirty-six months less the amount of primary social security or the amount of the member's unreduced accrued retirement allowance as of the date of disability. If the member's unreduced accrued retirement allowance is the greater, it is immediately payable by the system notwithstanding any other provisions to the contrary. In no event may the annual amount of a disability allowance be less than twenty percent of the compensation on which the initial disability allowance was based.
Starting with the thirty-seventh month, if the member is not eligible for and receiving disability benefits from social security, the disability allowance is equal to the greater of twenty percent of the compensation on which the initial disability allowance was based or the amount of the member's unreduced accrued retirement allowance as of the date of disability. If the member's unreduced accrued retirement allowance is the greater, it is immediately payable by the system notwithstanding any other provisions to the contrary. The disability allowance shall be paid only in the form of monthly installments.

Source: SL 1974, ch 35, § 53; SL 1994, ch 32, § 3; SL 2004, ch 40, § 2.

State Codes and Statutes

Statutes > South-dakota > Title-3 > Chapter-12 > Statute-3-12-99

3-12-99. Amount of monthly disability allowance. The disability allowance for the first thirty-six months shall be equal to fifty percent of the member's final average compensation immediately preceding the date of disability, increased by ten percent of such compensation for each child to a maximum of four such children.
Starting with the thirty-seventh month, if the member is eligible for and receiving disability benefits from social security, the disability allowance is equal to the greater of the amount paid during the first thirty-six months less the amount of primary social security or the amount of the member's unreduced accrued retirement allowance as of the date of disability. If the member's unreduced accrued retirement allowance is the greater, it is immediately payable by the system notwithstanding any other provisions to the contrary. In no event may the annual amount of a disability allowance be less than twenty percent of the compensation on which the initial disability allowance was based.
Starting with the thirty-seventh month, if the member is not eligible for and receiving disability benefits from social security, the disability allowance is equal to the greater of twenty percent of the compensation on which the initial disability allowance was based or the amount of the member's unreduced accrued retirement allowance as of the date of disability. If the member's unreduced accrued retirement allowance is the greater, it is immediately payable by the system notwithstanding any other provisions to the contrary. The disability allowance shall be paid only in the form of monthly installments.

Source: SL 1974, ch 35, § 53; SL 1994, ch 32, § 3; SL 2004, ch 40, § 2.

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State Codes and Statutes

Statutes > South-dakota > Title-3 > Chapter-12 > Statute-3-12-99

3-12-99. Amount of monthly disability allowance. The disability allowance for the first thirty-six months shall be equal to fifty percent of the member's final average compensation immediately preceding the date of disability, increased by ten percent of such compensation for each child to a maximum of four such children.
Starting with the thirty-seventh month, if the member is eligible for and receiving disability benefits from social security, the disability allowance is equal to the greater of the amount paid during the first thirty-six months less the amount of primary social security or the amount of the member's unreduced accrued retirement allowance as of the date of disability. If the member's unreduced accrued retirement allowance is the greater, it is immediately payable by the system notwithstanding any other provisions to the contrary. In no event may the annual amount of a disability allowance be less than twenty percent of the compensation on which the initial disability allowance was based.
Starting with the thirty-seventh month, if the member is not eligible for and receiving disability benefits from social security, the disability allowance is equal to the greater of twenty percent of the compensation on which the initial disability allowance was based or the amount of the member's unreduced accrued retirement allowance as of the date of disability. If the member's unreduced accrued retirement allowance is the greater, it is immediately payable by the system notwithstanding any other provisions to the contrary. The disability allowance shall be paid only in the form of monthly installments.

Source: SL 1974, ch 35, § 53; SL 1994, ch 32, § 3; SL 2004, ch 40, § 2.