South Dakota § 3-13-83 - Immediate distribution--In-service or involuntary distributions--Conditions--Calculation--Handling of certain involuntary distributions.
Full text of South Dakota South Dakota Codified Laws § 3-13-83 — Immediate distribution--In-service or involuntary distributions--Conditions--Calculation--Handling of certain involuntary distributions., with citation guidance and answers to common questions.
§ 3-13-83. Immediate distribution--In-service or involuntary distributions--Conditions--Calculation--Handling of certain involuntary distributions.
Notwithstanding any other provision of this chapter, a participant may receive an in-service distribution from the plan, or the executive director may render an involuntary distribution to the participant, under the following conditions:
(1) The participant is inactive in the plan and has made no deferrals for at least two years prior to the distribution;
(2) The total distribution, whether elective, involuntary, or both, does not exceed five thousand dollars; and
(3) The participant has not previously received an elective or an involuntary distribution under the plan.
If implementing subdivision (2) of this section, the value of a participant's nonforfeitable account balance must be determined without regard to the portion of the account balance attributable to rollover contributions, and earning allocable thereto, within the meaning of §§ 402(c), 403(a)(4), 403(b)(8), 408(d)(3)(A)(ii), and 457(e) of the Internal Revenue Code.
If an involuntary distribution exceeds one thousand dollars and if the participant does not elect to have the distribution transferred to an eligible retirement plan pursuant to § 401(a)(31) of the Internal Revenue Code or does not elect to receive the distribution directly, the distribution must be transferred to an individual retirement plan of a designated trustee or issuer. The executive director shall notify the participant in writing that the distribution may be transferred to another individual retirement plan.
Source: SL 2025, ch 27, § 110.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 3-13-83
What does South Dakota Codified Laws § 3-13-83 cover?
Section 3-13-83 ("Immediate distribution--In-service or involuntary distributions--Conditions--Calculation--Handling of certain involuntary distributions.") 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 § 3-13-83?
A common citation format is "South Dakota Codified Laws § 3-13-83" (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 § 3-13-83 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.