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All of the benefit information below has been complied by COPS, a support group for police survivors.
STATE OF SOUTH DAKOTA
DEATH BENEFITS
To obtain certified copies of registered personal documents, contact the Vital Records Department, 523 E.
Capitol, Pierre, SD 57501, phone (605) 773-3355.
STATE DEATH BENEFIT
There is no one-time state death benefit currently available.
STATE PENSION BENEFIT
The South Dakota State Retirement System members do not have burial coverage provisions. There
may be a lump sum or monthly benefit to dependents depending on circumstances and the options selected
by the employee. To determine what benefits are provided and what documents are required contact:
South Dakota Retirement System, 216 East Capitol, Pierre, South Dakota 57501 or phone (605)
773- 3731.
Documents that may be required to file claim:
*Photocopy of the death certificate,
*Copy of the marriage license,
*Copy of member’s birth certificate,
*Copy of spouse’s birth certificate,
*Copy of birth certificate of dependents under age 18, and
*Copy of birth certificate of disabled dependents over age 18.
(1) Spouse with dependent children shall receive an annual amount,
payable in monthly installments, equal to forty percent (40%) of the
highest annual compensation earned by the member during any
one of the last three years of service, plus ten percent (10%) of such
compensation for each child to a maximum of six such children;
(2) The guardian of each child, on whose account there is no benefit
payable under subdivision (1) shall receive on behalf of each
child, to a maximum of five such children, an annual amount,
payable in monthly installments, equal to twenty percent (20%) of the
highest annual compensation earned by the member during any
one of the last three years of service;
(3) The sum of benefits payable under subdivisions (1) and (2) shall
be proportionally reduced so that the total of the benefits is equal
to one hundred percent (100%) of the highest annual compensation
earned by the member during any one of the last three years of
service;
(4) If there are no benefits being paid under subdivision (1) and the
member’s accumulated contributions have not been withdrawn
pursuant to section 3-12-97, the spouse who has reached age
sixty-five (65) shall receive a monthly payment equal to fifty percent
(50%) of the amount which would have been payable to the deceased
member at his normal retirement age based on the member’s
credited and projected service and under this subdivision shall
be increased by which elapses between the date the member
would have reached his normal retirement age and the date
benefits commence to the spouse.
Family benefits begin to accrue on the first day of the month following the death of the member.
3-12-97 Family benefits in lieu of other death benefits — Election by designated beneficiary to
withdraw accumulated contributions. Family benefits payable under section 3-12-95 are in lieu of the
death benefits payable under any other provision of this chapter except that a designated beneficiary may
elect, subject to a dedication for any benefits previously paid, prior to the receipt of the first payment under
subdivision (4) of section 3-12-95, to withdraw the member’s accumulated contributions providing
there are no children on account of whom benefits are payable under subdivisions (1) and (2) of section 3-
12-95.
EDUCATION BENEFIT
South Dakota Law 13-55-22 provides for tuition-free attendance at South Dakota state-supported universities
and vocational schools for the surviving children of certain law enforcement officers and
firefighters who die as a direct result of injuries received in the performance of official duties. Refer to
SDCL 13-55-21, 13- 55-22 and 13-55B-1 for further explanations of benefits and requirements.
Benefit applicant should contact the Admissions Office of the state-supported school where attendance
is desired for assistance in filing for this benefit.
HEALTH BENEFIT
Employer may have a health insurance policy. These plans change from time to time and vary among
agencies so you must contact the appropriate personnel office for specific information.
WORKERS’ COMPENSATION
Workers’ Compensation coverage is compulsory for employers in South Dakota; however, waivers are
allowed.
Benefit is 66 2/3% of employee’s wage for spouse or spouse with child(ren) with a minimum weekly
benefit of $169 or worker’s average wage if less than $169 and a maximum weekly benefit of $338 plus
$50 per month for each child.
Two-year lump sum payable to spouse upon remarriage and weekly benefits cease. Children receive
benefits until age 18 or beyond age 81 if disabled, or until age 22 if full-time students.
As of December, 1989, the funeral bills incurred from duty-related death may also be covered with a
maximum of $3,000.
Contact the Division of Labor and Management, State Department of Labor, Kneip Building, 700
Governors Drive, Pierre, SD 57501-2277, telephone (605) 773-3681.
PERSONAL LIFE POLICIES
Descent and Distribution: Real and personal estate of intestate, in excess of share of surviving spouse,
descends and is distributed as follows, each class of which a member is living taking to exclusion of
subsequent classes:
(1) Children and/or issue of deceased children, per capita if all of same
degree, otherwise per stripes;
(2) parents or surviving parent;
(3) brothers and sister and/or children or grandchildren of deceased
brothers and sisters (such issue taking always by representation although
there may be no surviving brother or sister)
(4) next of kin of equal degree, except that those claiming through nearest
ancestor take to exclusion of others of equal degree claiming through
nearest ancestor take to exclusion of others of equal degree claiming
through more remote ancestors.
In computing relationship each generation is a degree; thus, son with regard to father is in first degree,
grandson in second degree, and vice versa and in collateral line degrees are counted from decedent up to
common ancestor and down to relative, excluding decedent, including relative, and counting ancestor only
once; thus, brothers are related in second degree, uncle and nephew in third degree, and cousins-germane
in fourth degree.
Surviving spouse - takes either (a) Elective share which is greater of $100,000 or one-third of augmented
estate under provisions substantially in conformance with Uniform Probate Code, Part 2; or (b) under
descent and distribution as follows:
(1) if there be more than one child, one child and issue of one or
more deceased children, one-third,
(2) if there be only one child or only issue of one deceased child,
one-half,
(3) if there be no children or issue of deceased children, first
$100,000 in value and one-half of excess,
(4) if there be no issue, parents, brothers or sisters, all. Surviving
spouse has no right of dower or curtesy. For statutory rights of
surviving spouse when decedent left will.
ADDITIONAL BENEFITS
The Fraternal Order of Police South Dakota State Lodge insures all S.D. F.O.P. members for accidental
death or dismemberment in the amount of $1,000. Members may have increased this benefit individually
by purchasing a supplemental policy. Covered persons need not be on duty at time of injury to be
covered. This benefit is void at age 70. Contact state or local F.O.P. for assistance.
The local lodge of the F.O.P. may also provide an honor guard and a graveside ceremony. Contact officer
of local lodge.
South Dakota Peace Officers Association - The S.D. P.O.A. provides a $500 natural death and $1,000
accidental death benefit for members. Member need not be on duty at time of occurrence. Contact S.D.
P.O.A. Executive Secretary, Board Member, or Prairie States Life Insurance in Rapid City.
Labor Union - Members of labor unions may be provided with life insurance. Contact appropriate local
union office to determine what benefits may be provided.
Credit Unions - Many credit unions have life insurance coverage on its members. The amount of coverage
may vary among credit unions; thus, you must contact the appropriate credit union office to inquire
about coverage. Some coverage is automatic with deposits, and additional coverage is frequently available.
Benefits are often on a sliding scale depending on the depositors age, amount of deposits, length of
time in the account, etc.
Fraternal Order of Police Auxiliary - The Sioux Falls Lodge of the F.O.P. Auxiliary will perform a
memorial ritual for an Auxiliary members’ funeral. They may assist with food and/or serving at the funeral
of a local officer or immediate member of his/her family. Please contact the Auxiliary President or
Funeral Committee chairperson for more information. Other lodges may provide the same courtesy
assistance.
Fraternal Order of Police Associates Survivors Fund - Sioux Falls F.O.P.A. Lodge has a survivors
fund that may be used at their discretion on a case by case basis. This fund is normally for covering
expenses that are not addressed by other coverage or interim expense coverage. F.O.P.A. may be one of
the groups that will assist survivors with expense money to attend the National Police Week activities.
All of the benefit information above has been complied by COPS, a support group for police survivors.
Contact the National Office of Concerns of Police Survivors, Inc. for additional information, or to support any of COPS' programs.
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Web site copyrighted © 2005 by Lydia Warner Miller