With the consent and approval of the secretary of labor and regulation, an employer may pay to the surviving spouse of a deceased, the compensation payable to the spouse and the minor children of the deceased under §§ 62-4-12 and 62-4-13 without the necessity of the appointment of a conservator for the minor children. The payment of the compensation by the employer shall relieve the employer of all obligation as to the distribution of the compensation so paid. Except in those cases where a lump-sum settlement has been made, approval by the secretary may at any time be revoked or modified for cause.

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Terms Used In South Dakota Codified Laws 62-4-20

  • Children: includes children by birth and by adoption. See South Dakota Codified Laws 2-14-2
  • employer: includes the state and any municipal corporation within the state or any political subdivision of this state, and any individual, firm, association, limited liability company, or corporation, or the receiver or trustee of the same, or the legal representative of a deceased employer, using the service of another for pay. See South Dakota Codified Laws 62-1-2
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • 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.

Source: SL 1921, ch 420; SDC 1939, § 64.0402 (5); SDC 1939, § 64.0402 (6) as enacted by SL 1945, ch 352; SL 1978, ch 359, § 26; SL 1993, ch 213, § 262; SL 2008, ch 278, § 23; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011.