SB 52 — clarify statutes governing the administration of disability benefits by the South Dakota Retirement System.

26.552.1226.552.13 101st Legislative Session 52 South Dakota Legislature Senate Bill 52 IntroducedENROLLED by:AN ACT ENTITLED An Act to clarify statutes governing the administration of disability benefits by the South Dakota Retirement System.

TheB ChairE ofIT theENACTED CommitteeBY onTHE RetirementL LawsEGISLATURE atOF theTHE requestS ofTATE theOF SouthS DakotaOUTH RetirementD SystemAKOTA An: Act to clarify statutes governing the administration of disability benefits by the South Dakota Retirement System.

B E IT ENACTED BY THE LEGISLATURE OF THE S TATE OF SOUTH D AKOTA :

The disability advisory committee or the executive director may require a functional capacity assessment of the member to be conducted by a licensed professional qualified to administer such an the assessment.

IfThe the executive director determines that the member is not disabled, a notice of the executive director's determination and the reasons for the determination shall be sent by certified mail to the member's last known addressThe 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.

Overstrikes3-12C-817. indicate deleted language.

26.552.12 2 52 3-12C-817.

If the executive director determines that the member whose application was received pursuant to § 3-12C-816, meets the qualifications to receive disability benefits, a notice of the executive director's determination shall be sent by certified mail to the member's last known address.

If any member fails to terminate contributory service 26.552.13 2 52 within one year after receiving notice that the member's application has been approved, the member's application approval expires.

A member's disability benefits shall 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 findsdetermines that the member no longer meetsqualifies the qualifications for disability benefits, the executive director shallmust notifyissue thean memberorder ofto thisterminate findingthe bymember's certifiedbenefits mail and send the paymentorder ofto disabilitythe benefitsmember's shalllast terminateknown thirtyaddress daysthrough aftercertified receiptmail. of the notice.

The finding by the executive director is subject to appeal and review as a contested case 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.

OverstrikesSB52 indicateENROLLED deleted26.552.13 language.3 52 An Act to clarify statutes governing the administration of disability benefits by the South Dakota Retirement System.

Received at this Executive Office I certify that the attached Act originated in this _____ day of _____________, the:

at ____________M.

Senate as Bill No.

52 By Secretary of the Senate for the Governor The attached Act is hereby approved this ________ day of President of the Senate ______________, A.D., 2026 Attest:

Governor Secretary of the Senate STATE OF SOUTH DAKOTA, ss.

Office of the Secretary of State Speaker of the House Filed ____________, 2026 Attest:

at _________ o'clock __M.

Chief Clerk of the House Secretary of State Senate Bill No.

52 By File No.

____ Asst.

Secretary of State Chapter No.

______ SB52 ENROLLED