HB 1174

 26.877.12  101st Legislative Session  1174
                                      2026 South Dakota Legislature
                                               House Bill 1174
 Introduced by: Representative Kull
1 An Act to classify 911 telecommunicators as Class B members of the South Dakota
2Retirement System.
3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
4 Section 1. That § 3-12C-101 be AMENDED:
5     3-12C-101. Terms used in this chapter mean:
6     (1)     "Actuarial accrued liability," the present value of all benefits less the present value
7of future normal cost contributions;
8     (2)     "Actuarial experience analysis," a periodic report that reviews basic experience
9data and furnishes actuarial analysis that substantiates the assumptions adopted
10for the purpose of making an actuarial valuation of the system;
11     (3)     "Actuarial valuation," a projection of the present value of all benefits and the
12current funded status of the system, based upon stated assumptions as to rates of
13interest, mortality, disability, salary progressions, withdrawal, and retirement as
14established by a periodic actuarial experience analysis that takes into account the
15census data of all active members, vested terminated members, retired members,
16and their beneficiaries under the system;
17     (4)     "Actuarial value of assets," equal to the fair value of assets;
18     (5)     "Actuarially determined contribution rate," the fixed, statutory contribution rate,
19no less than the normal cost rate with expenses assuming the minimum COLA, and
20no greater than the normal cost rate with expenses assuming the maximum COLA;
21     (6)     "Air rescue firefighter," an employee of the Department of the Military who is
22stationed at Joe Foss Field, Sioux Falls, and who is directly involved in firefighting
23activities on a daily basis;
24     (7)     "Approved actuary," any actuary who is a member of the American Academy of
25Actuaries or an associate or a fellow of the Society of Actuaries who meets the
26qualification standards of the American Academy of Actuaries to issue actuarial
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1opinions regarding the system, or any firm retaining the actuary on the firm's staff,
2and who is appointed by the board to perform actuarial services;
3    (8)      "Assumed rate of return," the actuarial assumption adopted by the board pursuant
4to § 3-12C-227, as the annual assumed percentage return on trust fund assets,
5compounded;
6    (9)      "Beneficiary," the person designated by a member of the system to receive any
7payments after the death of the member;
8    (10)     "Benefits," the amounts paid to a member, spouse, child, or beneficiary as a result
9of the provisions of this chapter;
10    (11)     "Board," the Board of Trustees of the South Dakota Retirement System;
11    (12)     "Calendar quarter," a period of three calendar months ending March thirty-first,
12June thirtieth, September thirtieth, or December thirty-first of any year;
13    (13)     "Campus security officer," an employee of the Board of Regents whose position is
14subject to the minimal educational training standards established by the Law
15Enforcement Officers Standards Commission, pursuant to chapter 23-3, who
16satisfactorily completes the training required by chapter 23-3, within one year of
17employment, and whose primary duty as a sworn law enforcement officer is to
18preserve the safety of the students, faculty, staff, visitors, and the property of the
19university. The employer shall file with the system evidence of the appointment as
20a sworn law enforcement officer at the time of employment and shall file evidence
21of satisfactory completion of the training program pursuant to chapter 23-3, within
22one year of employment;
23    (14)     "Certified school employee," any employee of a participating unit who is required
24to have a certificate, as defined in § 13-42-1;
25    (15)     "Class A credited service," service credited as a Class A member of the system;
26    (16)     "Class A member," any member, other than a Class B member or a Class C
27member, and who is either a foundation member or a generational member. A
28member is a Class A member until proof is supplied to the executive director that
29a member is a Class B member;
30    (17)     "Class B credited service," service credited as a Class B member of the system;
31    (18)     "Class B judicial member," any Class B member who is a justice, judge, or
32magistrate judge;
33    (19)     "Class B member," a member who is a justice, judge, state law enforcement officer,
34magistrate judge, police officer, firefighter, county sheriff, deputy county sheriff,
35correctional security staff, parole agent, air rescue firefighter, emergency medical
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1services personnel, campus security officer, court services officer, juvenile
2corrections agent, gaming enforcement agent, conservation officer, or park ranger,
3and is either a foundation member or a generational member who is:
4(a)    An air rescue firefighter;
5(b)    A campus security officer;
6(c)    A conservation officer;
7(d)    Correctional security staff;
8(e)    A county sheriff;
9(f)    A court services officer;
10(g)    A deputy county sheriff;
11(h)    Emergency medical services personnel;
12(i)    A firefighter;
13(j)    A full-time 911 telecommunicator, as defined in § 34-45-22, provided that,
14if the 911 telecommunicator is employed by a political subdivision of the
15state, the political subdivision has adopted an ordinance designating 911
16telecommunicators as Class B members;
17(k)    A gaming enforcement agent;
18(l)    A judge;
19(m)    A justice;
20(n)    A juvenile corrections agent;
21(o)    A magistrate judge;
22(p)    A park ranger;
23(q)    A parole agent;
24(r)    A police officer; or
25(s)    A state law enforcement officer;
26    (20)     "Class B public safety member," any Class B member other than a justice, judge,
27or magistrate judge;
28    (21)     "Class C credited service," service credited as a Class C member of the system;
29    (22)     "Class C member," any retiree, vested member, or other member of the cement
30plant retirement plan including any retiree or any vested member;
31    (23)     "Class D credited service," service credited as a Class D member of the system;
32    (24)     "Class D member," any member who was a member of the Department of Labor
33and Regulation employees' retirement plan as of June 30, 2020;
34    (25)     "Classified employee," an employee:
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1(a)    Of a public school district who is not required by law to be a certified school
2employee;
3(b)    Of a college or university under the control of the Board of Regents who is
4not a faculty member or an administrator and comes within the provisions
5of chapter 3-6D;
6(c)    Of a public corporation;
7(d)    Of a chartered governmental unit; or
8(e)    Who participates in the system and is not provided for elsewhere in this
9chapter;
10    (26)     "Comparable level position," a member's position of employment that is generally
11equivalent to the member's prior position of employment in terms of required
12education,   required   experience,       required   training,   required      work  history,
13geographic location, and compensation and benefits;
14    (27)     "Conservation officer," an employee of the Department of Game, Fish and Parks
15and the Division of Wildlife or Division of Custer State Park who is employed
16pursuant to § 41-2-11 and whose position is subject to the education and training
17requirements as to education and training provided for in chapter 23-3;
18    (28)     "Consumer price index," the consumer price index for urban wage earners and
19clerical workers calculated by the United States Bureau of Labor Statistics;
20    (29)     "Contributory service," service to a participating unit during which contributions
21were made to a South Dakota Retirement System, which may not include years of
22credited service as provided for in § 3-12C-509 or 3-12C-511;
23    (30)     "Correctional security staff," the warden, deputy warden, and any other
24correctional staff holding a security position, as verified by the Department of
25Corrections and, approved by the Bureau of Human Resources and Administration
26and the Bureau of Finance and Management, and determined by the board as Class
27B members;
28    (31)     "Court services officer," an individual appointed pursuant to § 26-7A-8;
29    (32)     "Covered employment," a member's employment as a full-time employee of a
30participating unit;
31    (33)     "Deputy county sheriff," an individual who is:
32(a)    An employee of a county that is a participating unit;
33(b)    Appointed by the board of county commissioners, pursuant to §§ 7-12-9
34and 7-12-10; and
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1(c)    Subject to the minimum educational and training standards established by
2the Law Enforcement Officers Standards Commission, pursuant to chapter
323-3.
4The term does not include jailers or clerks; and
5(d)    Not a clerk or a jailer appointed pursuant to §§ 7-12-9 and 7-12-10, unless
6the participating unit has requested that the jailer be considered as a deputy
7county sheriff and the board has approved the request;
8    (34)     "Disability advisory committee," a committee composed of:
9(a)    The secretary of the Department of Human Services or the secretary's
10designee;
11(b)    An attorney appointed by the executive director; and
12(c)    A physician appointed by the executive director;
13    (35)     "Effective date of retirement," the first day of the month in which a retirement
14benefit is payable;
15    (36)     "Eligible retirement plan," a plan described in section 402(c)(8)(B) of the Internal
16Revenue Code;
17    (37)     "Eligible rollover distribution," any distribution to a member of accumulated
18contributions pursuant to § 3-12C-602. The term does not include, excluding any
19portion of a distribution that represents contributions made to the system on an
20after-tax basis nor or distributions paid as a result of the member reaching the
21required beginning date;
22    (38)     “"Emergency medical services personnel,”" an individual who is licensed by the
23State Board of Medical and Osteopathic Examiners in accordance with chapter 36-
244B and actively practices emergency medical services;
25    (39)     "Employer," this state and any board, bureau, commission, or department, bureau,
26board, or commission of this state, any political subdivision of this state, or any
27public corporation of this state that elects to become a participating unit;
28    (40)     "Employer contribution," an amount contributed by the employer of a contributing
29member, excluding any member contribution made by an employer after June 30,
301984, pursuant to § 3-12C-401;
31    (41)     "Equivalent public service," any public service other than as a justice, a judge, or
32a magistrate judge and comparable to Class B service, as defined by this section,
33if the service is in the employ of a public entity that is not a participating unit;
34    (42)     "Executive director," the executive director of the South Dakota Retirement
35System;
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1    (43)     "Fair value of assets," the total assets of the system at fair market value for
2securities traded on exchanges; for securities not traded on exchanges, a value
3based on similar securities; and for alternative investments, reported net asset
4value:
5(a)      Fair market value, for securities traded on exchanges;
6(b)      A value based on similar securities, for securities not traded on exchanges;
7and
8(c)      The reported net asset value, for alternative investments;
9    (44)     "Fair value funded ratio," the fair value of assets divided by the actuarial accrued
10liability;
11    (45)     "Fiduciary," any person who:
12(a)      Exercises any discretionary authority or control over the management of
13the system or the management or disposition of the system's assets;
14(b)      Renders investment advice for a fee or other compensation, direct or
15indirect, or has any authority or responsibility to do so; or
16(c)      Has any discretionary authority or responsibility in the administration of the
17system;
18    (46)     "Foundation member," any member of the system whose contributory service
19began before July 1, 2017;
20    (47)     "Firefighter," any full-time firefighter who works at least twenty hours a week and
21at least six months a year. The term does not include, excluding any volunteer
22firefighter;
23    (48)     "Full-time employee," any employee who is considered full-time by the
24participating unit and is customarily employed by the participating unit for twenty
25hours or more a week and at least six months a year, regardless of classification
26of employment as seasonal, temporary, leased, contract, or any other designation;
27    (49)     "Fund," the public employees' retirement fund or funds established for the
28administration of this chapter;
29    (50)     "Gaming enforcement agent," any employee of the South Dakota Commission on
30Gaming who is appointed pursuant to § 42-7B-56 and who must, as a condition of
31employment, be law enforcement certified;
32    (51)     "Generational member," any member of the system whose contributory service
33began after June 30, 2017;
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1    (52)     "Health care provider," a physician or other health care practitioner who is licensed,
2registered, certified, or otherwise authorized by law to provide specified health
3services;
4    (53)     "Juvenile corrections agent," a designee of the secretary of corrections who is
5charged with the care, custody, and control of juveniles committed to the
6Department of Corrections until the age of twenty-one, or a person who is charged
7with the care, custody, and control of juveniles at a juvenile corrections facility
8under the control of a participating unit;
9    (54)     "Law enforcement officer," any agent of the Division of Criminal Investigation,
10officer of the South Dakota Highway Patrol, police officer, county sheriff, or deputy
11county sheriff;
12    (55)     "Member," any individual who is contributing or has made contributions to the
13system and is either a foundation member or generational member. An, provided
14that an individual's membership ceases when the individual withdraws the
15individual's accumulated contributions after termination of employment;
16    (56)     "Member contribution," any amount contributed by a member, including any
17member contribution made by an employer after June 30, 1984, pursuant to § 3-
1812C-401;
19    (57)     "Military service," a period of active duty with the United States Army, the United
20States Navy, the United States Air Force, the United States Marine Corps, or the
21United States Coast Guard, from which duty the member received an honorable
22discharge or an honorable release;
23    (58)     "Municipality," any incorporated municipal government under chapter 9-3, or any
24chartered governmental unit, as provided for in S.D. Const., Art. IX;
25    (59)     "Noncontributory service," for any foundation member, service delineated in
26subdivisions 3-12C-502(2), (5), (7), and (8), and for any generational member,
27service pursuant to § 3-12C-514;
28    (60)     "Normal cost," the expected long-term cost of the system benefits and expenses
29expressed as a percentage of payroll;
30    (61)     "Normal retirement," the termination of employment and application for benefits
31by a member with three or more years of contributory service or noncontributory
32service on or after the member's normal retirement age;
33    (62)     "Other public benefits," eighty percent of the primary insurance amount or primary
34social security benefits that would be provided under federal social security;
35    (63)     "Other public service," service:
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1(a)     For the government of the United States, including military service;
2(b)     For the government of any state or political subdivision thereof of a state;
3(c)     For any agency or instrumentality of the government of the United States
4or the government of a state or political subdivision of a state; or
5(d)     As an employee of an association of government entities described in this
6subdivision;
7    (64)     "Park ranger," an employee of the Department of Game, Fish and Parks within the
8Division of Parks and Recreation and whose position is subject to the education and
9training requirements as to education and training provided for in chapter 23-3,
10and whose primary duty is law enforcement in the state park system;
11    (65)     "Parole agent," an employee of the Department of Corrections employed pursuant
12to § 24-15-14, who directly supervises parolees on a daily basis;
13    (66)     "Participating unit," this state, any board, bureau, commission, or department,
14bureau, board, or commission of this state, and any political subdivision or public
15corporation of this state that has employees who are members of the system;
16    (67)     "Plan year," a period extending from July first of one calendar year through June
17thirtieth of the following calendar year;
18    (68)     "Police officer," any employee in the police department of any participating
19municipality, holding the rank of patrol officer or probationary patrol officer, or
20holding a higher rank, and whose position is subject to the minimum educational
21and training standards established by the Law Enforcement Officers Standards
22Commission pursuant to chapter 23-3. The term does not include a civilian
23employee of a police department nor any individual employed by a municipality
24whose services as a police officer require less than twenty hours a week and six
25months a year. If, including a jailer if a municipality that is a participating unit
26operates a city jail, and the participating unit may elects to request that any
27appointment of the jailer appointed, pursuant to § 9-29-25, to be considered a
28police officer, subject to the approval of the board, and excluding any civilian
29employee of a police department and any individual employed by a municipality
30whose services as a police officer are performed for less than twenty hours a week
31and six months a year;
32    (69)     "Political   subdivision," any municipality, school     district, county, chartered
33governmental unit, public corporation or entity, and special district created for any
34governmental function;
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1    (70)     "Present value of all benefits," the present value of all benefits expected to be paid
2to all retired, terminated, and active members and beneficiaries, based on past
3and future credited service and future compensation increases;
4    (71)     "Projected compensation," a deceased or disabled member's final average
5compensation multiplied by the COLA commencing each July first for each complete
6twelve-month period elapsed between the date of the member's death or disability,
7whichever occurred earlier, and the date the member would attain normal
8retirement age or the benefit commences, whichever occurred earlier;
9    (72)     "Projected service," the credited service plus the service that the member would
10have been credited with at normal retirement age had the member continued in
11the system and received credit at the same rate the member was credited during
12the year covered by the compensation that was used in the calculation of the
13disability or family benefit;
14    (73)     "Qualified military service," service in the uniformed services, as defined in
15§ 414(u)(5) of the Internal Revenue Code;
16    (74)     "Retiree," any foundation or generational member who retires with a lifetime
17benefit payable from the system;
18    (75)     "Retirement," the severance of a member from the employ of a participating unit
19with a retirement benefit payable from the system;
20    (76)     "Retirement benefit," the monthly amount payable upon the retirement of a
21member;
22    (77)     "Single premium," the lump-sum amount paid by a supplemental pension
23participant pursuant to a supplemental pension contract in consideration for a
24supplemental pension benefit;
25    (78)     "Social investment," investment, divestment, or prohibition of investment of the
26assets of the system for purposes other than maximum risk-adjusted investment
27return, which other purposes include  ideological purposes, environmental
28purposes, political purposes, religious purposes, or purposes of local or regional
29economic development, or any other purpose other than maximum risk-adjusted
30investment return;
31    (79)     "State employee," an employee of any board, bureau, commission, or department
32of this state;
33    (80)     "Supplemental pension benefit," any single-premium immediate pension benefit
34payable pursuant to §§ 3-12C-1504 and 3-12C-1505;
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1    (81)     "Supplemental pension contract," any agreement between a participant and the
2system upon which a supplemental pension is based, including the amount of the
3single premium, the type of pension benefit, and the monthly supplemental pension
4payment amount;
5    (82)     "Supplemental pension contract record," the record of:
6(a)    Each supplemental pension participant reflecting relevant participant data;
7(b)    A designation of any a beneficiary, if any;
8(c)    The amount of the participant's funds moneys rolled into the fund;
9(d)    The provisions of the participant's supplemental pension contract; and
10(e)    Any supplemental pension payments made pursuant to the contract;
11    (83)     "Supplemental pension participant," any member who is a retiree receiving a
12benefit from the system, or, if the member is deceased, the member's surviving
13spouse who is receiving a benefit from the system, and who chooses to purchase
14a supplemental pension benefit pursuant to the provisions of this chapter. For
15purposes of this chapter, "participant" means the same meaning as "supplemental
16pension participant";
17    (84)     "Supplemental pension spouse," any individual who was married to a supplemental
18pension participant at the time the participant entered into the supplemental
19pension contract;
20    (85)     "System," the South Dakota Retirement System created in this chapter;
21    (86)     "Trustee," a member of the Board of Trustees; and
22    (87)     "Unfunded actuarial accrued liability," the actuarial accrued liability less the
23actuarial value of assets.
24 Section 2. That § 34-45-22 be AMENDED:
2534-45-22. The term, 911 telecommunicator, as used in §§ For purposes of §§ 3-
26    12C-101 and 34-45-22 to 34-45-32, inclusive, "911 telecommunicator" means any
27    employee of the state, or any political subdivision thereof of the state, whose primary
28    full-time or part-time duties are receiving, processing, and transmitting public safety
29    information received through a 911 emergency reporting system as defined in § 34-45-1.
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