South Dakota Codified Laws 3-12C-410. Lump-sum payments where designated beneficiary does not survive member–Reversion to system of unclaimed payments
If a designated beneficiary does not survive the member, any lump-sum payment that may be due shall be payable to the member’s surviving spouse. If there is no surviving spouse, the payment shall be payable to all of the member’s surviving children, irrespective of age, on a share-alike basis. If there is no surviving spouse and no surviving children, the payment shall be payable to the estate of the deceased member. If no claim for payment due upon the death of a deceased member is made within three years from date of death, the payment shall revert to the system. However, a claim may be honored after the expiration of the three-year reversion period if, in the opinion of the executive director, payment of the claim is warranted by exceptional circumstances.
Terms Used In South Dakota Codified Laws 3-12C-410
- 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
- Children: includes children by birth and by adoption. See South Dakota Codified Laws 2-14-2
Source: SL 1967, ch 303, § 8 as added by SL 1968, ch 216, § 1; SDCL Supp, § 3-12-29.1; SL 1974, ch 35, § 70; SL 2006, ch 21, § 2; SL 2016, ch 31, § 24; SDCL § 3-12-116; SL 2019, ch 22, § 1.