South Dakota § 3-13C-19 - Death benefit after retirement determination--Payment amount determined.

§ 3-13C-19. Death benefit after retirement determination--Payment amount determined.

Any death benefit after a participant's retirement will be determined by the form of retirement benefit in effect on that date. If the participant has a dependent child on the date of death after retirement date, payments shall be made as follows:

(1) For each dependent child of the participant with a surviving spouse, the amount of payments is equal to the least of:

(a) Sixty percent of the participant's average compensation on the date of death, divided by the number of dependent children;

(b) Seventy-five dollars; or

(c) Two hundred twenty-five dollars, divided by the number of dependent children.

The payments to a dependent child are in addition to the payments made to the surviving spouse; and

(2) For each dependent child of a participant who does not have a spouse on the date of death, the amount of payments is equal to the least of:

(a) Seventy-five percent of the participant's average compensation on the date of death, divided by the number of dependent children;

(b) Ninety dollars; or

(c) Two hundred seventy dollars, divided by the number of dependent children.

Source: SL 2020, ch 13, § 26.