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26.553.13 101st Legislative Session 53
2026 South Dakota Legislature
Senate Bill 53
ENROLLED
AN ACT
ENTITLED An Act to ensure uniformity in member identification provisions
governing the South Dakota Retirement System.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 3-12C-602 be AMENDED:
3-12C-602. A member who has left covered employment may withdraw the sum
of the member's accumulated contributions upon application to the executive director, on
a form approved by the system. If the member is married, the member's spouse must
sign the form.
A member who withdraws the member's accumulated contributions pursuant to
this section forfeits all credited service and benefits provided in this chapter.
The right to withdraw accumulated contributions ceases if the member returns to
covered employment with a participating unit.
Section 2. That § 3-12C-1208 be AMENDED:
3-12C-1208. No retirement benefit may be paid unless the system has received
a completed application for a retirement benefit, including the benefit option elected. The
application must be made to the executive director, on a form approved by the system. If
the member is married, the member's spouse must sign the form.
A member who is married is not required to obtain the signature of the member's
spouse if the member submits a completed form, in which the member certifies, under
the penalty of perjury, that the member is unable to obtain the signature of the member's
spouse because:
(1) The member does not know where the member's spouse is and has made a good
faith effort to locate the spouse; or
(2) Exceptional circumstances make it inappropriate for the member to obtain the
signature of the member's spouse.
26.553.13 2 53
SB53 ENROLLED
If the member is unable to obtain the signature of the member's spouse for either
reason, the member must elect the sixty percent joint and survivor benefit pursuant to
§ 3-12C-1209 and provide documentation to support the assertion of subdivision (1) or
(2) of this section.
26.553.13 3 53
SB53 ENROLLED
An Act to ensure uniformity in member identification provisions governing the South Dakota
Retirement System.
I certify that the attached Act originated in
the:
Senate as Bill No. 53
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. 53
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