South Dakota § 3-12C-1208 - Application for retirement benefit--Spouse signature required--Exceptions.
Full text of South Dakota South Dakota Codified Laws § 3-12C-1208 — Application for retirement benefit--Spouse signature required--Exceptions., with citation guidance and answers to common questions.
§ 3-12C-1208. Application for retirement benefit--Spouse signature required--Exceptions.
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.
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.
Source: SL 2016, ch 32, § 11; SDCL § 3-12-510; SL 2019, ch 22, § 1; SL 2021, ch 27, § 4; SL 2024, ch 22, § 3; SL 2026, ch 24, § 2.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 3-12C-1208
What does South Dakota Codified Laws § 3-12C-1208 cover?
Section 3-12C-1208 ("Application for retirement benefit--Spouse signature required--Exceptions.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 3-12C-1208?
A common citation format is "South Dakota Codified Laws § 3-12C-1208" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 3-12C-1208 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.