S.D. Admin. R. 62:01:03:02.01

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

Section 62:01:03:02.01 - Certification when retired member becomes reemployed - Penalty

If a retired member becomes reemployed by the same employer unit the member retired from within one year after the member's retirement, the system may require both the member and the employer unit to certify that:

(1) The member's termination was a complete severance of employment and the member has been separated from service for three consecutive calendar months as outlined in SDCL 3-13-C-1401;

(2) All standard hiring and employment procedures of the employer unit were followed in the reemployment process; and

(3) No prior agreement to reemploy the member, either overt or covert, existed between the member and the employer unit or any officer of the employer unit.

An employer unit's chief executive officer or the officer's agent or the chair of the employer's governing commission or board shall provide the certification on behalf of the employer unit. The system shall provide forms for the member's and the employer unit's certifications. An intentionally false certification provides grounds for legal recourse pursuant to SDCL 22-29-9.1.

S.D. Admin. R. 62:01:03:02.01

36 SDR 21, effective 8/17/2009; 45 SDR 142, effective 7/1/2019; 47 SDR 137, effective 7/1/2021

General Authority: SDCL 3-12C-211.

Law Implemented: SDCL 3-12C-101, 3-12C-1401, 22-29-9.1.