If a member on leave of absence performing initial qualified military service dies, the member shall be considered to have returned from the leave of absence on the day before the member’s death and become a contributing member for purposes of survivor benefits, if the member has at least one year of credited service before the member’s death, including the initial period of qualified military service. If the member was contributing for additional survivor protection benefits pursuant to § 3-12C-1001 immediately before the leave of absence, the member shall be considered to have resumed the contributions on the day before the member’s death.

If a member on leave of absence performing initial qualified military service becomes disabled pursuant to the disability criteria set out in this chapter, the member shall be considered to have returned from the leave of absence on the day before the member’s discharge date and become a contributing member for purposes of eligibility for disability benefits pursuant to § 3-12C-812, if the member has at least three years of credited service including the period of initial qualified military service. The provisions of § 3-12C-812 notwithstanding, the member need not have been deemed to be a contributing member on the date of the member’s disabling event.

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Source: SL 2011, ch 20, § 3; SL 2016, ch 31, § 16; SDCL § 3-12-86.1; SL 2019, ch 22, §§ 16, 45.