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§ 3-12C-827 Surviving spouse benefit where member received disability benefits.

SD Codified L § 3-12C-827 (2019) (N/A)
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3-12C-827. Surviving spouse benefit where member received disability benefits . If no family benefit is being paid, a surviving spouse of a foundation or generational member who received disability benefits shall, upon attaining the age of sixty-five or sixty-seven, respectively, receive a monthly benefit, payable for the life of the surviving spouse, equal to one of the following calculations, whichever is applicable:

(1) If there was a family benefit paid, sixty percent of the family benefit paid at the time the family benefit ended, increased by the COLA from the date the last family benefit was paid; or

(2) If there was no family benefit paid, sixty percent of the deceased member's disability benefit paid at the time of the member's death, increased by the COLA from the date of the member's death.Source: SL 2014, ch 20, § 15; SL 2016, ch 32, § 50; SL 2017, ch 27, § 35; SDCL § 3-12-215; SL 2019, ch 22, §§ 36, 45.

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§ 3-12C-828 Surviving spouse benefit where member dies after normal retirement age while receiving disability benefits