S.D. Codified Laws § 3-12C-1506

Current through the 2024 Legislative Session

Section 3-12C-1506 - Death of participant or spouse-Lump sum distribution to beneficiaries-Time for making claim

If payment of monthly supplemental pension benefits ceases due to the death of the participant or the death of a supplemental pension spouse, and the total of monthly supplemental pension benefits paid is less than the amount of the participant's single premium, the difference between the total benefits paid and the single premium shall be disbursed in a lump sum as provided in this section. Amounts payable under this section shall be disbursed as follows:

(1) To the beneficiary or entity designated by the participant in the participant's supplemental pension contract record, if any is designated;

(2) If no beneficiary or entity is designated, then to all surviving children of the participant, irrespective of age, on a share-alike basis; or

(3) If no beneficiary or entity is designated and there are no surviving children, then to the participant's estate.

If no claim for payment due upon the death of a deceased participant is made within three years from date of death, the payment shall revert to the system. However, a claim may be honored after the expiration of the three-year reversion period if, in the opinion of the executive director, payment of the claim is warranted by exceptional circumstances.

The provisions of this section are not affected by the provisions of § 3-12C-409 or 3-12C-410.

SDCL 3-12C-1506

SL 2008, ch 24, §7; SL 2016, ch 31, §32; SDCL § 3-12-194; SL 2019, ch 22, §1.