§ 3-12C-809 — Termination of disability benefit--Conversion to retirement benefit--Applications before July 1, 2015.

South Dakota § 3-12C-809

• Jurisdiction: South Dakota
• Title 3: PUBLIC OFFICERS AND EMPLOYEES
• Ch. 3-12B: SOUTH DAKOTA RETIREMENT SYSTEM

Text

A member's disability benefit that was based on an application received by the system prior to July 1, 2015, must terminate thirty days after the earliest of the following: (1) The member is no longer disabled; (2) The member is no longer 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, including self employment and employment by an employer that is not a participating unit, in a comparable level position to what the member held prior to becoming disabled. A member's disability benefit must terminate immediately if the member elects to convert to a retirement benefit or if the member's disability benefit is converted to a service retirement benefit pursuant to § 3-12C-808 . The member shall receive credited service for the period that the member received a disability benefit, but except as provided for in § 3-12C-808 , not beyond the member's normal retirement age.

Legislative History

SL 2006, ch 19, § 1; SL 2014, ch 20, § 29; SDCL § 3-12-103.1; SL 2019, ch 22, § 1; SL 2025, ch 27, § 46.