South Dakota § 3-12C-214 Correction of records--Adjustment for underpayment or overpayment--Promulgation of rules--Limitation--Member access to own records.

South Dakota Statutes

§ 3-12C-214 — Correction of records--Adjustment for underpayment or overpayment--Promulgation of rules--Limitation--Member access to own records.

South Dakota § 3-12C-214

Title 3PUBLIC OFFICERS AND EMPLOYEES

Ch. 3-12BSOUTH DAKOTA RETIREMENT SYSTEM

This text of South Dakota § 3-12C-214 (Correction of records--Adjustment for underpayment or overpayment--Promulgation of rules--Limitation--Member access to own records.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 3-12C-214 (2026).

Text

If any change or error in the records of the system or any participating unit results in any person receiving from the system less than the person would have been entitled to receive had the records been correct, the executive director must correct the error and, as far as practicable, adjust the payment to provide the person the amount to which the person is correctly entitled. If any change or error in the records of the system or any participating unit results in any person receiving from the system more than the person would have been entitled to receive had the records been correct, the executive director must correct the error and, as far as practicable, recover the overpayment to reflect the amount to which the person is correctly entitled. The board shall promulgate rules, pursuant

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If any change or error in the records of the system or any participating unit results in any person receiving from the system less than the person would have been entitled to receive had the records been correct, the executive director must correct the error and, as far as practicable, adjust the payment to provide the person the amount to which the person is correctly entitled. If any change or error in the records of the system or any participating unit results in any person receiving from the system more than the person would have been entitled to receive had the records been correct, the executive director must correct the error and, as far as practicable, recover the overpayment to reflect the amount to which the person is correctly entitled. The board shall promulgate rules, pursuant to chapter 1-26 , concerning the methods by which an overpayment must be repaid, including an actuarial equivalent. The recovery of an overpayment is limited to the amount attributable to any error that occurred during the six-year period immediately before the discovery of the error. This limitation does not apply in the case of fraud, intentional misrepresentation, material omission, or other fault on the part of a member or beneficiary. Upon request, a member of the system may, during business hours, inspect any file directly relating to the member and request the correction of any alleged errors in the file.

Legislative History

SL 1959, ch 84, § 38; SDC Supp 1960, § 15.3942; SL 1961, ch 255, § 40; SDCL §§ 9-15-68, 13-45-70; SL 1970, ch 25, § 13; SDCL Supp, § 3-12-44; SL 1974, ch 35, § 68; SL 2015, ch 28, § 1; SL 2016, ch 31, § 23; SDCL § 3-12-114; SL 2019, ch 22, § 1; SL 2025, ch 27, § 17.