clarify statutes governing the administration of disability benefits by the South Dakota Retirement System.

26.552.13 101st Legislative Session 52

2026 South Dakota Legislature
Senate Bill 52
ENROLLED

AN ACT

ENTITLED An Act to clarify statutes governing the administration of disability
benefits by the South Dakota Retirement System.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 3-12C-816 be AMENDED:
3-12C-816. Upon receipt of an application for disability benefits after June 30,
2015, along with statements from a health care provider and the member's employer, the
executive director shall determine whether the member is eligible for disability benefits.
The executive director may request the advice of the disability advisory committee with
respect to any application. The recommendation of the disability advisory committee is
not binding on the executive director. The disability advisory committee or the executive
director may require an independent medical examination of the member to be conducted
by a disinterested health care provider selected by the disability advisory committee or
the executive director to evaluate the member's condition. The disability adviso ry
committee or the executive director may require a functional capacity assessment of the
member to be conducted by a licensed professional qualified to administer the
assessment. The assessment may be used to evaluate the member's qualification for
benefits. Refusal to undergo an examination or assessment pursuant to this section is
cause for denying the application.
The executive director shall issue an order to approve or deny a member’s
application for disability benefits, and shall mail the order to the member's last known
address by certified mail.
Section 2. That § 3-12C-817 be AMENDED:
3-12C-817. A member whose application for disability benefits is approved shall
receive the benefits beginning with the month following the date on which the member's
contributory service terminates. If any member fails to terminate contributory service
26.552.13 2 52
SB52 ENROLLED
within one year after receiving notice that the member's application has been approved,
the member's application approval expires.
Section 3. That § 3-12C-822 be AMENDED:
3-12C-822. A member's disability benefits terminate if the member is no longer
disabled, as certified by a health care provider. Upon receipt of certification, the executive
director shall determine whether the member meets the qualifications for disability
benefits. In making this determination the executive director shall follow the same
procedure used in making the initial determination of disability provided in § 3-12C-816.
A member's disability benefits must be suspended and subject to termination if the
member refuses to undergo an examination or assessment requested by the disability
advisory committee or the executive director.
If the executive director determines that the member no longer qualifies for
disability benefits, the executive director must issue an order to terminate the member's
benefits and send the order to the member's last known address through certified mail.
The member's benefits terminate sixty days after the date the order is mailed to the
member.
26.552.13 3 52
SB52 ENROLLED
An Act to clarify statutes governing the administration of disability benefits by the South
Dakota Retirement System.

I certify that the attached Act originated in
the:

Senate as Bill No. 52

Secretary of the Senate

President of the Senate

Attest:

Secretary of the Senate

Speaker of the House

Attest:

Chief Clerk of the House

Senate Bill No. 52
File No. ____
Chapter No. ______

Received at this Executive Office
this _____ day of _____________,

2026 at ____________M.

By
for the Governor

The attached Act is hereby
approved this ________ day of
______________, A.D., 2026

Governor

STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State

Filed ____________, 2026
at _________ o'clock __M.

Secretary of State

By
Asst. Secretary of State