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S.D. Codified Laws § 3-12C-1649

Surviving spouse election to receive lump sum trustee-to-trustee payment in lieu of monthly payments

Known as the South Dakota Retirement Act

The act spans §§ 3-12C-1001 to 3-12C-907 (298 sections).

Source: SL 2014, ch 22, § 2; SDCL § 3-12-224; SL 2019, ch 22, § 1.

Upon the death of a vested member of the state cement plant retirement plan who died prior to starting a monthly retirement benefit, the member's surviving spouse may elect a lump sum trustee-to-trustee payment in lieu of monthly surviving spouse benefit payments. The amount of the lump sum trustee-to-trustee payment shall be determined by the system's actuary based on the actuarial equivalent, as defined by the cement plant retirement plan, of the spouse's age sixty-five survivor benefit. However, no lump sum trustee-to-trustee payment may be made unless the following requirements are satisfied:

(1) Neither the member nor the member's family nor the member's spouse received any monthly benefits from the plan; and

(2) The surviving spouse directs a trustee-to-trustee transfer of the lump sum payment to a receiving retirement custodian, trustee, or other approved recipient.

Any eligible surviving spouse who desires to make the election authorized by this section shall submit an application to the system.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.