South Dakota § 3-12C-809 - Termination of disability benefit--Conversion to retirement benefit--Applications before July 1, 2015.

§ 3-12C-809. Termination of disability benefit--Conversion to retirement benefit--Applications before July 1, 2015.

A member's disability benefit that was based on an application received by the system prior to July 1, 2015, must terminate thirty days after the earliest of the following:

(1)    The member is no longer disabled;

(2)    The member is no longer subject to the medical condition that caused the disability;

(3)    The member refuses to undergo a medical examination requested by the system for the purpose of reviewing the medical condition that caused the disability;

(4)    The member returns to continuous employment in the position the member held prior to becoming disabled; or

(5)    The member returns to continuous employment, including self employment and employment by an employer that is not a participating unit, in a comparable level position to what the member held prior to becoming disabled.

A member's disability benefit must terminate immediately if the member elects to convert to a retirement benefit or if the member's disability benefit is converted to a service retirement benefit pursuant to § 3-12C-808. The member shall receive credited service for the period that the member received a disability benefit, but except as provided for in § 3-12C-808, not beyond the member's normal retirement age.

Source: SL 2006, ch 19, § 1; SL 2014, ch 20, § 29; SDCL § 3-12-103.1; SL 2019, ch 22, § 1; SL 2025, ch 27, § 46.