South Dakota § 3-12C-217 - Domestic relations orders--Determination as to whether qualified--Restrictions on provisions.
Full text of South Dakota South Dakota Codified Laws § 3-12C-217 — Domestic relations orders--Determination as to whether qualified--Restrictions on provisions., with citation guidance and answers to common questions.
§ 3-12C-217. Domestic relations orders--Determination as to whether qualified--Restrictions on provisions.
For purposes of § 3-12C-216, the system shall determine if a domestic relations order is a qualified domestic relations order. Upon receipt of a domestic relations order, the system shall promptly issue a written notice of receipt to the member and any alternate payee. Within a reasonable period of time, the system shall issue a determination indicating if the domestic relations order qualifies as a plan-approved domestic relations order in accordance with § 414(p) of the Internal Revenue Code.
No order may require the payment of benefits to an alternate payee before the retirement of a member or the withdrawal of a member's accumulated contributions for a distribution to an alternate payee. In addition, no order may require the payment of monthly benefits to an alternate payee after the death of the member.
No order approved after July 1, 2018, may require the payment of benefits to the alternate payee's estate after the death of the alternate payee. The amount paid in monthly benefits to the alternate payee shall be paid to the member after the death of the alternate payee.
Source: SL 2018, ch 33, § 11; SDCL § 3-12-115.1; SL 2019, ch 22, § 1.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 3-12C-217
What does South Dakota Codified Laws § 3-12C-217 cover?
Section 3-12C-217 ("Domestic relations orders--Determination as to whether qualified--Restrictions on provisions.") 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-217?
A common citation format is "South Dakota Codified Laws § 3-12C-217" (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-217 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.