South Dakota Codified Laws 3-13C-14. Vested accrued benefit–Distribution–Small amounts payment
If the present value of the participant’s vested accrued benefit does not exceed five thousand dollars, and the participant has not started retirement benefits with respect to any portion of the vested accrued benefit, the present value of the participant’s entire vested accrued benefit shall be distributed as of the earliest of the participant’s retirement date or the date of severance from employment for any reason other than death. For purposes of this section, if the present value of the participant’s vested accrued benefit is zero, the participant shall be deemed to have received a distribution of the present value. This is a small amounts payment. The small amounts payment is in full settlement of all benefits otherwise payable.
If a participant has a severance from employment for any reason other than death or retirement and does not elect to have a small amounts payment paid directly to an eligible retirement plan specified by the participant in a direct rollover or to receive the distribution directly and the present value of the participant’s vested accrued benefit is greater than one thousand dollars, a mandatory distribution will be made in accordance with § 3-13C-12 . If the present value of the participant’s vested accrued benefit is one thousand dollars or less, the present value of the participant’s entire vested accrued benefit shall be paid directly to the participant.
Terms Used In South Dakota Codified Laws 3-13C-14
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Dependent: A person dependent for support upon another.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
If the present value of the preretirement spouse and dependent child death benefit or the certain period death benefit as provided in § 3-13C-18 does not exceed five thousand dollars on the date of the participant’s death, the present value of the preretirement spouse and dependent child death benefit or the certain period death benefit shall be distributed as of the date the participant dies. If the single sum death benefit payable to a beneficiary does not exceed five thousand dollars, on the date of the participant’s death, the death benefit shall be distributed in a single sum as of the date the participant dies. This is a small amounts payment.
A small amounts payment is in full settlement of the death benefit otherwise payable. No other small amounts payments may be made.
Source: SL 2020, ch 13, § 21.