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S.D. Codified Laws § 3-12C-824

Retirement benefit of member who received disability benefits and returned to covered employment

Known as the South Dakota Retirement Act

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

Source: SL 2014, ch 20, § 12; SL 2017, ch 27, § 33; SDCL § 3-12-212; SL 2019, ch 22, §§ 33, 45.

Upon retirement, a member who received disability benefits and whose benefits were terminated and who returned to covered employment shall receive a retirement benefit based on the member's credited service before receiving disability benefits and after receiving disability benefits. The final average compensation used in the calculation of the retirement benefit is the greater of:

(1) The member's final average compensation at the date of retirement; or

(2) The member's final average compensation at the date of disability, increased by the COLA from the date of the termination of disability benefits to the date of retirement.

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