South Dakota Codified Laws 3-13C-5. Credited service–Determination
For purposes of this chapter, credited service is the sum of credited past service before August 1, 1961 and the total of the employee’s continuous service with the employer on and after August 1, 1961, expressed in whole years and fractional parts of a year including a complete month as a fractional part of a year.
However, credited service is modified as follows:
Terms Used In South Dakota Codified Laws 3-13C-5
- written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2
(1) Service while an employee was not an active participant or an active participant under the prior plan is excluded;
(2) Service while an employee failed or refused to make a contribution required under the plan or prior plan is excluded. This provision also applies to an employee’s service while contributions were not made because the employee failed or refused to complete a written agreement to make the contributions;
(3) A period of military duty shall be included as service with the employer to the extent it has not already been credited. The service is considered to be service as an eligible employee only if an employee was an eligible employee on the day immediately preceding the period of military duty; and
(4) Unused accumulated annual leave and unused accumulated sick leave, and special military service credit, if any, shall be included as service with the employer to the extent it has not already been credited.
Source: SL 2020, ch 13, § 12.