3-12C-516. Members receiving differential wage payments.To the extent required by §414(u)(12) of the Internal Revenue Code, a member receiving differential wage payments, as defined under §3401(h)(2) of the Internal Revenue Code, from a member's employer shall be treated as employed by that employer, and the differential wage payment shall be treated as compensation for purposes of calculating final average compensation and applying the limits on annual additions under §415(c) of the Internal Revenue Code. This provision shall be applied to all similarly situated members in a reasonably equivalent manner. Source: SL 2016, ch 31, §17; SDCL §3-12-86.2; SL 2019, ch 22, §1; SL 2023, ch 14, §4.
South Dakota Legal Code