The bill amends South Dakota law regarding the process for contesting actions taken by the executive director of the South Dakota Retirement System. Specifically, it revises the requirements for individuals who wish to request a contested case hearing. Under the amended law, individuals aggrieved by an order must submit a written request for a hearing within sixty days of the order being mailed to them via certified mail. This request must specify the contested portion of the order and the alleged mistake of fact or error of law that invalidates the order. If the request is not received within the sixty-day timeframe, the courts will not have jurisdiction to hear any contest regarding the order.
Additionally, the bill clarifies that if the hearing request is sent by United States mail, the postmark date will be considered the date received by the executive director. The hearing process and any subsequent appeals will continue to follow the procedures outlined in chapters 1-26 and 1-26D of the South Dakota law. This amendment aims to streamline the contesting process and ensure that individuals are aware of the specific requirements and deadlines for challenging decisions made by the retirement system's executive director.
Statutes affected: Introduced, 01/06/2026: 3-12C-213
Enrolled, 02/10/2026: 3-12C-213