Changes to Existing Law

26.553.12 26.553.13 101st Legislative Session 53 2026 South Dakota Legislature Senate Bill 53 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 ensure uniformity in member identification provisions governing the South 1 Dakota Retirement System. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That § 3-12C-602 be AMENDED: 4 3-12C-602. A member who has left covered employment may withdraw the sum 5 of the member's accumulated contributions upon application to the system and submission 6 of a copy of the member's current driver license or other picture identification card issued 7 by a government agency or tribe executive director, on a form approved by the system. 8 If the member is married, the member's spouse shall sign the application and provide a 9 copy of the spouse's current driver license or other picture identification card issued by a 10 government agency or tribe must sign the form. 11 A member who withdraws the member's accumulated contributions pursuant to 12 this section forfeits all credited service and benefits provided in this chapter. 13 The right to withdraw accumulated contributions ceases if the member returns to 14 covered employment with a participating unit. 15 Section 2. That § 3-12C-1208 be AMENDED: 16 3-12C-1208. No retirement benefit may be paid unless the system has received 17 a completed application for a retirement benefit, including the benefit option elected. The 18 application must be signed by the generational member, and the member shall provide a 19 copy of the member's current driver license or other picture identification card issued by 20 a government agency or tribe made to the executive director, on a form approved by the 21 system. If the member is married, the member's spouse must sign the application and 22 provide a copy of the spouse's current driver license or other picture identification card 23 issued by a government agency or tribe form. 24 26.553.12 2 53 Underscores indicate new language. Overstrikes indicate deleted language. A member who is married is not required to obtain the signature of the member's 1 spouse if the member submits a completed form, in which the member certifies, under 2 the penalty of perjury, that the member is unable to obtain the signature of the member's 3 spouse because either: 4 because: (1) The member does not know where the member's spouse is and has made a good 5 faith effort to locate the spouse; or 6 (2) Exceptional circumstances make it inappropriate for the member to obtain the 7 signature of the member's spouse. 8 26.553.13 2 53 SB53 ENROLLED If the member is unable to obtain the signature of the member's spouse for either 9 reason, the member must elect the sixty percent joint and survivor benefit pursuant to 10 § 3-12C-1209 and provide documentation to support the assertion of subdivision (1) or 11 (2) of this section. 12 26.553.13 3 53 SB53 ENROLLED An Act to ensure uniformity in member identification provisions governing the South Dakota Retirement System. I certify that the attached Act originated in the: Senate as Bill No. 53 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. 53 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