An applicant whose contributory service ends on or after July 1, 1995, shall be granted a disability benefit only if the applicant establishes subdivisions (1), (2), and (4), below, by a preponderance of evidence, and provides subdivision (3), below:

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 usual duties of the applicant's position, the usual duties of the applicant's position with accommodations by the employer, or the usual duties of a position of comparable level with the applicant's employer, all as so certified by the employer; and

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

   In providing certification pursuant to subdivision (3), above, an employer shall consider the applicant's education, experience, training, work history, impairment, location of residence, and compensation and benefits in relation to positions of possible comparable level.

Source: 24 SDR 160, effective May 24, 1998; 32 SDR 203, effective June 5, 2006; SL 2017, ch 27, § 4 3, effective July 1, 2017; 45 SDR 142, effective July 1, 2019.

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

Law Implemented: SDCL 3-12 C - 101 , 3-12 C -8 01 , 3-12 C - 8 0 3 , 3-12 C - 80 4.

Prior versions effective: 2017-07-01, 2006-06-05.