SDCL § 3-12C-1813: Conflicts.

In resolving any conflict between provisions of this part, and in resolving any other uncertainty as to the meaning or intention of any provision of the qualified benefit preservation arrangement, the prevailing interpretation shall be the one that causes:

(1)The qualified benefit preservation arrangement to constitute a qualified governmental excess benefit arrangement under the provisions of section 415(m) of the Internal Revenue Code and the qualified benefit preservation arrangement fund to be exempt from tax under sections 115 and 415(m) of the Internal Revenue Code;

(2)The qualified benefit preservation arrangement and the system to comply with all applicable requirements of the code; and

(3)The qualified benefit preservation arrangement and the system to comply with all applicable state laws.