Changes to Existing Law

26.551.9 26.551.10 101st Legislative Session 51 2026 South Dakota Legislature Senate Bill 51 Introduced by: The Chair of the Committee on Retirement Laws at the request of the South Dakota Retirement System Underscores indicate new language. Overstrikes indicate deleted language. ENROLLED AN ACT ENTITLED An Act to revise certain requirements for contesting actions of the South Dakota 1 Retirement System. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That § 3-12C-213 be AMENDED: 4 3-12C-213. Any person aggrieved by a final determination made by the system's 5 staff may request review of the final determination and a decision by the executive director 6 if the request is made in writing within thirty days after receiving the final determination. 7 The person, if then aggrieved by the executive director's decision, may appeal the 8 decision, if the person files a written notice of appeal with the executive director within 9 thirty days of the date of the decision. The notice shall identify the person appealing and 10 the decision appealed. The appeal shall be conducted by a hearing examiner in accordance 11 with chapter 1-26. The hearing examiner, after hearing the evidence in the matter, shall 12 make proposed findings of fact and conclusions of law, and a proposed decision. The 13 executive director shall accept, reject, or modify the findings, conclusions, and decision of 14 the hearing examiner and such action constitutes the final agency decision. Alternatively, 15 the executive director may appoint the hearing examiner to make the final agency 16 decision. The final agency decision may be appealed to circuit court pursuant to chapter 17 1-26. The executive director may arrange for the assistance of private counsel throughout 18 the appeal process.Any individual aggrieved by an order of the executive director issued 19 pursuant to this chapter and chapters 3-13 and 3-13A may, in writing, request a contested 20 case hearing before the executive director, if that individual believes that the order is 21 based upon a mistake of fact or error of law. 22 The written hearing request must be received by the executive director within sixty 23 days from the date the order was mailed to the individual by certified mail and must 24 contain a statement indicating the portion of the order being contested and the mistake 25 of fact or error of law that the individual believes resulted in an invalid order. If a written 26 26.551.9 2 51 Underscores indicate new language. Overstrikes indicate deleted language. request for hearing is not received by the executive director within sixty days from the 1 date the order was mailed by certified mail to the individual, then no court has jurisdiction 2 over a suit to contest the order. 3 For purposes of this section, if a written request for hearing is sent by United States 4 mail, the date of the postmark placed by the United States postal service is the date 5 received by the executive director. 6 A hearing under this section and any subsequent appeal must occur in accordance 7 with chapters 1-26 and 1-26D. 8 26.551.10 2 51 SB51 ENROLLED An Act to revise certain requirements for contesting actions of the South Dakota Retirement System. I certify that the attached Act originated in the: Senate as Bill No. 51 Secretary of the Senate President of the Senate Attest: Secretary of the Senate Speaker of the House Attest: Chief Clerk of the House Senate Bill No. 51 File No. ____ Chapter No. ______ Received at this Executive Office this _____ day of _____________, 2026 at ____________M. By for the Governor The attached Act is hereby approved this ________ day of ______________, A.D., 2026 Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State Filed ____________, 2026 at _________ o'clock __M. Secretary of State By Asst. Secretary of State