§ 3-13-55 — Definition of terms.

South Dakota § 3-13-55

• Jurisdiction: South Dakota
• Title 3: PUBLIC OFFICERS AND EMPLOYEES
• Ch. 3-12B: DEFERRED COMPENSATION PLAN FOR PUBLIC EMPLOYEES

Text

The definitions contained in chapter 3-12C apply to this chapter unless the context clearly otherwise requires. Terms used in this chapter mean: (1) "Account," the record for each participant reflecting the amount of the participant's deferrals, allocated investment gains and losses, and administrative charges against those amounts; (2) "Accounting date," the date on which an investment is valued and the total investment return is allocated to a participant's account; (3) "Accumulated deferred compensation," compensation deferred by a participant in the plan, plus any investment return thereon; (4) "Automatic enrollee," an individual who becomes an employee of an automatic enrollment unit; (5) “Automatic enrollment unit," any unit of state or local government that participates in the system and whose leadership chooses to provide automatic enrollment to the unit's employees; (6) "Compensation," total cash remuneration paid to an employee by a participating employer for personal services rendered to the participating employer; (7) "Deferred compensation" or "deferrals," the portion of a participant's compensation deferred pursuant to this plan, including, pre-tax contributions, designated Roth contributions, or both; (8) "Dependent," a participant's qualifying child or a participant's qualifying relative, as defined in § 152 of the Internal Revenue Code; (9) "Designated Roth contributions," a participant's deferred compensation that is includable in the participant's gross income at the time deferred and has been irrevocably designated as Roth contributions by the participant in accordance with federal law; (10) "Employee," an individual providing services to this state or a political subdivision of this state, for which compensation is paid by a participating employer, including: (a) A member of the Legislature; (b) A member of a board or commission of this state or a political subdivision of this state; (c) An individual employed by an agency, board, or commission of this state or a political subdivision of this state; and (d) An individual furnishing services to this state or a political subdivision of this state pursuant to a contract as an independent contractor; (11) "Includible compensation," the compensation remaining after subtracting any pre-tax contributions under the plan; (12) "Normal retirement date," the date a participant is eligible to retire, pursuant to chapter 3-12C , without reduced benefits; (13) "Participant," an employee of a participating employer who elects to participate in the plan; (14) "Participation agreement," the written agreement between an employer and an employee under which compensation is deferred pursuant to this plan; (15) "Plan," the South Dakota deferred compensation plan as provided for in this chapter; (16) "Pre-tax contribution," a participant's deferred compensation, which is not includable in the participant's gross income at the time deferred; (17) "Plan year," a calendar year ending on December thirty-first; (18) "Severance from employment," the complete severance of a participant's employment relationship with a participating employer, as set forth in § 457(d)(1)(A) of the Internal Revenue Code; (19) "Third-party administrator," a person who, pursuant to contract, handles administration of the plan on behalf of the board and the executive director; (20) "Unforeseeable emergency," a severe financial hardship to a participant resulting from: (a) An illness or accident of the participant, a dependent of the participant, or a designated beneficiary of the participant; (b) The funeral expenses of a dependent of the participant or a designated beneficiary of the participant; (c) A severe loss of income that is beyond the control of the participant; (d) The loss of the participant's property due to casualty; (e) The imminent foreclosure or eviction from a participant's primary residence; or (f) Any other similar, extraordinary, and unforeseeable circumstance arising as a result of events beyond the control of the participant; and (21) "Vendor," a person selected by the state investment officer to provide investment or insurance products to the plan.

Legislative History

SL 1987, ch 38, § 7; SL 2012, ch 26, § 14; SL 2025, ch 27, § 76.