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26.554.10 101st Legislative Session 54
2026 South Dakota Legislature
Senate Bill 54
ENROLLED
AN ACT
ENTITLED An Act to revise the conditions for in-service distributions from the South
Dakota deferred compensation plan.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 3-13-78 be AMENDED:
3-13-78. Deferrals may be distributed only if one of the following conditions has
occurred:
(1) Severance from employment with a participating employer;
(2) Death of the participant;
(3) An unforeseeable emergency, set forth in § 3-13-82;
(4) Requirements are satisfied for an in-service distribution, as set forth in § 3-13-83;
(5) The participant is called to perform qualified military service for a period in excess
of thirty days; or
(6) The participant elects to receive an in-service distribution pursuant to section 2 of
this Act.
Section 2. That a NEW SECTION be added to chapter 3-13:
Notwithstanding § 3-13-83, a participant who is at least fifty -nine and one -half
years old may elect to receive an in -service distribution from the plan in any form
permitted under § 3-13-80. The receipt of an in -service distribution pursuant to this
section does not preclude the participant from continuing to make deferrals of
compensation into the plan.
26.554.10 2 54
SB54 ENROLLED
An Act to revise the conditions for in -service distributions from the South Dakota deferred
compensation plan.
I certify that the attached Act originated in
the:
Senate as Bill No. 54
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. 54
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