Section 3-13-54 - Adoption of rules--Limitation on availability of accumulated deferred compensationto participant--Exception. - South Dakota Statutes

3-13-54. Adoption of rules--Limitation on availability of accumulated deferred compensation to participant--Exception. The board may adopt rules pursuant to chapter 1-26 concerning the time and amount of compensation which may be deferred, the persons who may participate in the plan, the conditions of participation, the time and manner in which accumulated deferrals may be made available to a participant or beneficiary, the establishment of administrative changes and participation by political subdivisions. Except pursuant to the provisions of an automatic enrollment feature established under subdivision 3-13-56(4), in no event may the accumulated deferred compensation become available to the participant prior to thirty days following the participant's separation from employment with a participating employer unless such participant is faced with an unforeseeable emergency as determined by the board. If a participant returns to service with a participating employer within thirty days following separation from service, the accumulated deferred compensation is not available to the participant.

Source: SL 1987, ch 38, § 6; SL 2009, ch 20, § 4.