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South Dakota · Through 2026-08-31 · Newer source version available

SDCL § 3-12C-1401.2: Certification when retired member becomes reemployed--Perjury.

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Where this section sits in the code
  1. TITLE 3. PUBLIC OFFICERS AND EMPLOYEES
  2. CHAPTER 3-12C. SOUTH DAKOTA RETIREMENT SYSTEM

If a retired member becomes reemployed by the same employer unit the member retired from within one year after the member's retirement, the system may require both the member and the employer unit to certify that:

(1) The member's termination was a complete severance of employment and the member has been separated from service for at least three consecutive calendar months prior to reemployment, as provided for in § 3-12C-1401;

(2) All standard hiring and employment procedures of the employer unit were followed in the reemployment process; and

(3) No prior agreement to reemploy the member, either overt or covert, existed between the member and the employer unit or any officer of the employer unit.

An employer unit's chief executive officer, the officer's agent, or the chair of the employer's governing commission or board shall provide the certification on behalf of the employer unit. The system must provide forms for the member's and the employer unit's certifications. An intentionally false certification is perjury, as provided for in § 22-29-9.1.

Collected 2026-09-03T15:18:56Z. Source file · JSON

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