3-13C-19 . Death benefit after retirement determination--Payment amount determined. Any death benefit after a participant's retirement will be determined by the form of retirement benefit in effect on that date. If the participant has a dependent child on the date of death after retirement date, payments shall be made as follows: (1) For each dependent child of the participant with a surviving spouse, the amount of payments is equal to the least of: (a) Sixty percent of the participant's average compensation on the date of death, divided by the number of dependent children; (b) Seventy-five dollars; or (c) Two hundred twenty-five dollars, divided by the number of dependent children. The payments to a dependent child are in addition to the payments made to the surviving spouse; and (2) For each dependent child of a participant who does not have a spouse on the date of death, the amount of payments is equal to the least of: (a) Seventy-five percent of the participant's average compensation on the date of death, divided by the number of dependent children; (b) Ninety dollars; or (c) Two hundred seventy dollars, divided by the number of dependent children. Source: SL 2020, ch 13, § 26.
South Dakota Legal Code