South Dakota § 3-13C-5 Credited service--Determination.

South Dakota Statutes

§ 3-13C-5 — Credited service--Determination.

South Dakota § 3-13C-5

Title 3PUBLIC OFFICERS AND EMPLOYEES

Ch. 3-13BDEPARTMENT OF LABOR AND REGULATION EMPLOYEE RETIREMENT

This text of South Dakota § 3-13C-5 (Credited service--Determination.) 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 § 3-13C-5 (2026).

Text

For purposes of this chapter, credited service is the sum of credited past service before August 1, 1961 and the total of the employee's continuous service with the employer on and after August 1, 1961, expressed in whole years and fractional parts of a year including a complete month as a fractional part of a year. However, credited service is modified as follows:

(1)Service while an employee was not an active participant or an active participant under the prior plan is excluded;

(2)Service while an employee failed or refused to make a contribution required under the plan or prior plan is excluded. This provision also applies to an employee's service while contributions were not made because the employee failed or refused to complete a written agreement to make the contributions;

(3)A

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For purposes of this chapter, credited service is the sum of credited past service before August 1, 1961 and the total of the employee's continuous service with the employer on and after August 1, 1961, expressed in whole years and fractional parts of a year including a complete month as a fractional part of a year. However, credited service is modified as follows: (1) Service while an employee was not an active participant or an active participant under the prior plan is excluded; (2) Service while an employee failed or refused to make a contribution required under the plan or prior plan is excluded. This provision also applies to an employee's service while contributions were not made because the employee failed or refused to complete a written agreement to make the contributions; (3) A period of military duty shall be included as service with the employer to the extent it has not already been credited. The service is considered to be service as an eligible employee only if an employee was an eligible employee on the day immediately preceding the period of military duty; and (4) Unused accumulated annual leave and unused accumulated sick leave, and special military service credit, if any, shall be included as service with the employer to the extent it has not already been credited.