An applicant whose contributory service ends prior to July 1, 1995, shall be granted a disability benefit only if the applicant establishes by a preponderance of evidence:

1. (1) The applicant has a mental or physical impairment which has been diagnosed by a licensed physician;
2. (2) At the time of termination of the applicant's employment, the impairment was of sufficient severity to prevent the applicant from continuing to perform usual duties for the applicant's employer;
3. (3) At the time of termination of the applicant's employment, the impairment was of sufficient severity to prevent the applicant from performing the duties of a position of comparable level for which the applicant is qualified by education, training, and experience; and

4. (4) At the time of termination of the applicant's employment, the disability was expected to last at least one year.

   Evidence that the applicant could actually secure a position of comparable level or that such a position is actually available is not required to support a finding that an applicant is capable of performing the duties of such a position.

Source: 6 SDR 87, effective March 2, 1980; 9 SDR 81, 9 SDR 124, effective July 1, 1983; 24 SDR 160, effective May 24, 1998; SL 2017, ch 27, § 42 , effective July 1, 2017; 45 SDR 142, effective July 1, 2019.

General Authority: SDCL 3-12C-211, 3-12 C - 80 1.

Law Implemented: SDCL 3-12C-101, 3-12 C - 80 1, 3-12 C - 804 .

Prior versions effective: 2017-07-01, 1998-05-24.