A member enrolled in the additional survivor protection program pursuant to SDCL 3-12C-1001 before July 1, 2010, may maintain that coverage so long as there is no break in the member's contributions or employment. Any of the following constitutes a break in a member's contributions or employment:

1. (1) Voluntary or involuntary discontinuance of contributions;
2. (2) Required discontinuance pursuant to SDCL 3-12C-1001;
3. (3) Termination of covered employment, even if the member returns to covered employment with the same employer or a different employer;
4. (4) Leave of absence, except for military leave of absence; or

5. (5) A break in service due to a series of two or more contracts for specified months of service.

   A military leave of absence is not a break in contributions or employment. A transfer within an employer unit or from one employer to another without a termination is not a break in contributions or employment.

Source: 37 SDR 214, effective May 30, 2011 ; SL 2016, ch 31, § 87, effective July 1, 2016 ; 45 SDR 142, effective July 1, 2019.

General Authority: SDCL 3-12 C - 211 .

Law Implemented: SDCL 3-12 C -10 01 .

Prior versions effective: 2016-07-01, 2011-05-30.