S.D. Admin. R. 20:16:19:10

Current through Register Vol. 51, page 67, December 16, 2024

Section 20:16:19:10 - Disability pension

An employee is entitled to a disability pension if the employee meets all the following requirements and the employee was disabled prior to March 17, 2001, but after April 30, 2000:

(1) Has become totally disabled on or after the date this plan became effective;

(2) Has completed at least three years of credited service;

(3) Retires from active employment with the commission; and

(4) Has been approved for and receives a disability benefit under the federal Social Security Act.

The last day of active employment shall coincide with or follow the date Social Security designates as the first day of total disability. If the last day of active employment was before the date Social Security designates as the first day of total disability, the terminated employee is not eligible for a disability pension.

The board may, at any time, require evidence of continued entitlement to a disability benefit.

S.D. Admin. R. 20:16:19:10

28 SDR 109, effective 2/11/2002; 36 SDR 207, effective 7/1/2010; 40 SDR 197, effective 5/27/2014; 45 SDR 142, effective 7/1/2019

General Authority: SDCL 3-12C-1647.

Law Implemented: SDCL 3-12C-1643, 3-12C-1644.