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Sioux Falls Overview
Code of Ordinances of Sioux Falls, SD
SIOUX FALLS, SOUTH DAKOTA CODE OF ORDINANCES
CHARTER
CHARTER PARALLEL REFERENCES
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
CHAPTER 30: CITY COUNCIL
CHAPTER 31: DEPARTMENTAL ORGANIZATION
CHAPTER 32: CITY ORGANIZATIONS
CHAPTER 33: EMERGENCY MANAGEMENT
CHAPTER 34: ETHICS
CHAPTER 35: CONFLICTS OF INTEREST OF OFFICERS AND EMPLOYEES AND ETHICS BOARD
CHAPTER 36: FINANCES
CHAPTER 37: TAXATION
CHAPTER 38: ELECTIONS
CHAPTER 39: PERSONNEL REGULATIONS AND BENEFITS; RETIREMENT AND PENSIONS
GENERAL PROVISIONS
HUMAN RESOURCES DEPARTMENT
CIVIL SERVICE; GENERALLY
CIVIL SERVICE BOARD
APPOINTIVE OFFICERS
CLASSIFICATION AND PAY PLAN
LEAVE PROGRAM; GENERALLY
VACATION LEAVE
SICK LEAVE
EMPLOYEE’S RETIREMENT SYSTEM; GENERALLY
§ 39.220 DEFINITIONS.
§ 39.221 OFFICERS OF RETIREMENT SYSTEM.
§ 39.222 COMPOSITION OF MEMBERSHIP.
§ 39.223 TERMINATION OF MEMBERSHIP.
§ 39.224 CREDITED SERVICE.
§ 39.225 MILITARY SERVICE CREDIT.
§ 39.226 MEMBER’S SERVICE ACCOUNTS.
§ 39.227 VOLUNTARY RETIREMENT.
§ 39.228 EARLY RETIREMENT; REDUCTION OF BENEFIT.
§ 39.229 MANDATORY RETIREMENT, POLICE OFFICER MEMBERS.
§ 39.230 RETIREMENT ALLOWANCE; GENERAL MEMBER.
§ 39.231 RETIREMENT ALLOWANCE; POLICE OFFICER MEMBER.
§ 39.232 TERMINAL PAYMENT.
§ 39.233 MINIMUM RETIREMENT ALLOWANCE.
§ 39.234 MOBILITY IN CITY EMPLOYMENT.
§ 39.235 DEFERRED RETIREMENT ALLOWANCE.
§ 39.236 RETIREMENT ALLOWANCE OPTIONS.
§ 39.237 DUTY INCURRED DISABILITY.
§ 39.238 DUTY DISABILITY ALLOWANCE; RETIREMENT AFTER VOLUNTARY RETIREMENT AGE.
§ 39.239 DUTY DISABILITY ALLOWANCE; RETIREMENT BEFORE VOLUNTARY RETIREMENT AGE.
§ 39.240 NON-DUTY-INCURRED DISABILITY.
§ 39.241 NON-DUTY-DISABILITY RETIREMENT ALLOWANCE.
§ 39.242 ADJUSTMENT OF DISABILITY ALLOWANCE.
§ 39.243 REEXAMINATION OF DISABILITY RETIRANTS.
§ 39.244 WORKERS’ COMPENSATION OFFSET.
§ 39.245 SERVICE-CONNECTED DEATH BENEFITS.
§ 39.246 NATURAL DEATH PENSIONS.
§ 39.247 REFUND OF ACCUMULATED CONTRIBUTIONS.
§ 39.248 ACCUMULATED CONTRIBUTIONS ACCOUNTS.
§ 39.249 RETIREMENT SYSTEM PAYMENTS.
§ 39.250 RETIREMENT SYSTEM CONTRIBUTIONS.
§ 39.251 ESTABLISHMENT OF GENERAL DIVISION, POLICE DIVISION.
§ 39.252 LIMIT OF CITY’S CONTRIBUTIONS.
§ 39.253 PENSIONS ALLOWED PRIOR TO 1951.
§ 39.254 ADMINISTRATIVE EXPENSES.
§ 39.255 INVESTMENT OF ASSETS.
§ 39.256 METHOD OF MAKING PAYMENTS.
§ 39.257 RETIREMENT SYSTEM FUND; ALLOWANCE OF REGULAR INTEREST.
§ 39.258 GROUP INSURANCE DEDUCTION.
§ 39.258.1 STIPEND.
§ 39.259 ASSIGNMENTS PROHIBITED.
§ 39.260 CORRECTION OF ERRORS.
§ 39.261 REDETERMINATION OF RETIREMENT ALLOWANCES.
§ 39.262 APPLICATION OF OTHER ORDINANCES.
§ 39.263 ADOPTION OF DEPARTMENT OF COMMUNITY DEVELOPMENT EMPLOYEE’S PENSION PLAN AND TRUST FOR EMPLOYEES THEREOF.
§ 39.264 CHANGES IN EMPLOYEE CONTRIBUTION LEVELS.
§ 39.265 CHANGE OR MODIFICATION OF BENEFITS; ACTUARIAL STATEMENT.
§ 39.266 CITY TO MAINTAIN RECORDS; INFORMATION TO BE FURNISHED TO ADMINISTRATOR.
§ 39.267 REMARRIAGE OF SURVIVING SPOUSE.
§ 39.268 TERMINATION OF PLAN.
EMPLOYEE’S RETIREMENT SYSTEM; BOARD OF TRUSTEES
FIREFIGHTERS’ PENSION FUND; GENERALLY
FIREFIGHTERS’ PENSION FUND; RETIREMENT BOARD
CHAPTER 40: ADMINISTRATIVE CODE ENFORCEMENT
CHAPTER 41: FEES
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
CODE OF ORDINANCES PARALLEL REFERENCES
FEE INDEX
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§ 39.233 MINIMUM RETIREMENT ALLOWANCE.
   In no case shall the straight life retirement allowance payable to any member whose credited service includes service rendered prior to July 1, 1967, be less than the sum of:
   (a)   An annuity which is the actuarial equivalent of his or her accumulated contributions standing to his or her credit in the accumulated contributions account at the time of his or her retirement; and
   (b)   A pension equal to the sum of $100 per year; plus one-one hundred thirty fifths of his or her final average pay multiplied by the number of years, and fraction of a year, of his or her credited service rendered after December 31, 1950; plus two-one hundred thirty-fifths of his or her final average pay multiplied by the number of years, and fraction of a year, of his or her credited service rendered prior January 1, 1951. The pension shall not exceed 50% of his or her final average pay.
(1957 Rev. Ords., § 2.517D; 1992 Code, § 35-28; Ord. 118-16, passed 12-20-2016)
§ 39.234 MOBILITY IN CITY EMPLOYMENT.
   If a member has credited service in force for service rendered as a general member and for service rendered as a police officer member, the retirement allowance shall be computed upon final average pay at the time of retirement, according to § 39.230 for general member credited service, and according to § 39.231 for police officer member credited service, provided that the portion of retirement allowance based upon general member credited service shall not become payable prior to attainment of age and service requirements outlined in § 39.227 or unless the member retired under § 39.237 or § 39.240.
(1957 Rev. Ords., § 2.517E; 1992 Code, § 35-29) (Ord. 64-86, passed 6-30-1986)
§ 39.235 DEFERRED RETIREMENT ALLOWANCE.
   (a)   If a general member with five or more years of credited service leaves the employ of the city before satisfying the service requirements for retirement for any reason except retirement or death, the member shall be entitled to a retirement allowance provided in § 39.230 according to the applicable section in force at the time the member left city employment. The retirement allowance shall begin the first day of the calendar month next following the date the application for retirement is filed with the board on or after attainment of age 60 years. If the accumulated contributions are withdrawn, the right to a deferred retirement allowance shall be forfeited. During the period of absence from the employ of the city before the retirement allowance begins, the accumulated contributions account shall be credited with regular interest.
   (b)   If a police officer member with 15 or more years of credited service leaves the employ of the city before satisfying the service requirements for retirement for any reason except retirement or death, the member shall be entitled to a retirement allowance provided in § 39.231 according to the applicable section in force at the time the member left city employment. The retirement allowance shall begin the first day of the calendar month next following the date the application for retirement is filed with the board on or after attainment of age 60 years. If the accumulated contributions are withdrawn, the right to a deferred retirement allowance shall be forfeited. During the period of absence from the employ of the city before the retirement allowance begins, the accumulated contributions account shall be credited with regular interest.
(1957 Rev. Ords., § 2.518; 1992 Code, § 35-30) (Ord. 112-80, passed 11-24-1980; Ord. 124-81, passed 12-28-1981; Ord. 64-86, passed 6-30-1986; Ord. 110-89, passed 10-16-1989; Ord. 118-16, passed 12-20-2016)
§ 39.236 RETIREMENT ALLOWANCE OPTIONS.
   (a)   Prior to the effective date of retirement, but not thereafter, a member may elect to receive a retirement allowance as a straight life retirement allowance payable for life, or may elect to receive the actuarial equivalent of the straight life retirement allowance in a reduced retirement allowance, and nominate a beneficiary in accordance with the provisions of option A, B, C, D or E set forth as follows. If a member does not elect an option prior to the effective date of retirement, the retirement allowance shall be paid as a straight life retirement allowance.
      (1)   Option A; allowance for ten years certain and life thereafter. Under option A, a retirant shall receive a reduced retirement allowance payable for the retirant's life with the provisions that, if deceased before receiving 120 monthly retirement allowance payments, the payments shall be continued for the remainder of the 120 months to the person as the retirant shall have nominated by written designation duly executed and filed with the board. If no designated beneficiary survives to receive the remaining monthly retirement allowance payments, the payments as they become due shall be paid to the estate of the last survivor of the retirant or the survivor's designated beneficiaries.
      (2)   Option B; joint and survivor allowance. Under option B, a retirant shall receive a reduced retirement allowance payable for life with the provision that upon death the reduced retirement allowance shall be continued throughout the life of and paid to the person, having an insurable interest in the retirant's life, as shall have been nominated by written designation duly executed and filed with the board prior to the effective date of retirement.
      (3)   Option C; modified joint and survivor allowance. Under option C, a retirant shall receive a reduced retirement allowance payable for life with the provision that upon death one-half of the reduced retirement allowance shall be continued throughout the life of and paid to the person, having an insurable interest in the retirant's life, as shall have been nominated by written designation duly executed and filed with the board prior to the effective date of retirement.
      (4)   Option D; joint and survivor pop-up allowance. Under option D a retirant shall receive a reduced retirement allowance with the provision that upon death the reduced retirement allowance shall be continued throughout the life of and paid to the person, having an insurable interest in the retirant's life, as shall have been nominated by written designation duly executed and filed with the board prior to the effective date of retirement. If the nominated beneficiary dies first, the retirant shall, upon the death of the nominated beneficiary, begin to receive an allowance equal to the straight life allowance which would have been payable had no option been elected.
      (5)   Option E; modified joint and survivor pop-up allowance. Under option E, a retirant shall receive a reduced retirement allowance with the provision that upon death one-half of the reduced retirement allowance shall be continued throughout the life of and paid to the person, having an insurable interest in the retirant's life, as shall have been nominated by written designation duly executed and filed with the board prior to the effective date of retirement. If the nominated beneficiary dies first, the retirant shall, upon the death of the nominated beneficiary, begin to receive an allowance equal to the straight life allowance which would have been payable had no options been elected.
   (b)   If a retirant who elected option B, C, D or E provided in division (a) above and the retirant's beneficiary both die before they have received, in retirement allowances, an aggregate amount equal to the retirant's accumulated contributions account at the time of retirement, the difference between the accumulated contributions and the aggregate amount of retirement allowance payments received by them shall be paid to the person as the retirant shall have nominated by written designation duly executed and filed with the board. If there be no designated persons surviving the retirant, the difference, if any, shall remain in the retirement system.
   (c)   Notwithstanding any provision to the contrary, the retirement system shall pay all benefits in accordance with a good faith interpretation of the requirements of Internal Revenue Code § 401(a)(9) and regulations pertaining thereto, as applicable to a governmental plan within the meaning of Internal Revenue Code § 414(d).
      (1)   A member's benefits shall be distributed to him or her not later than April 1 of the calendar year following the later of:
         A.   The calendar year in which the member attains age 70 and one-half; or
         B.   The calendar year in which the member retires.
      (2)   Distributions to a member and his or her beneficiaries shall only be made in accordance with the incidental death benefit requirements of Internal Revenue Code § 401(a)(9)(G) and rulings pertaining thereto.
(1957 Rev. Ords., § 2.519; 1992 Code, § 35-31) (Ord. 2491, passed 8-7-1967; Ord. 96-87, passed 11-16-1987; Ord. 110-90, passed 12-3-1990; Ord. 118-16, passed 12-20-2016)
§ 39.237 DUTY INCURRED DISABILITY.
   Upon the application of a member or his or her department head, a member who becomes totally and permanently disabled for duty in the employ of the city, by reason of a personal injury or disease which the board finds to have occurred solely and exclusively as the natural and proximate result of causes arising out of and in the course of his or her employment by the city, may be retired by the board, provided that:
   (a)   Any condition of impairment of health which the board finds to have been caused by hypertension, heart disease or respiratory disease resulting in permanent total or partial disability to a police officer member who successfully passed a physical examination on entering the employ of the city, which examination failed to have any evidence of the condition, shall be presumed to have occurred as the natural and proximate result of the performance of his or her duty as a police officer in the employ of the city;
   (b)   After a medical examination of the member, made by or under the direction of the medical director, the medical director reports in writing to the board that the member is mentally or physically totally disabled for duty in the employ of the city and that his or her disability will probably be permanent; and
   (c)   The report of the medical director is concurred in by the board.
(1957 Rev. Ords., § 2.520; 1992 Code, § 35-32) (Ord. 2491, passed 8-7-1967)
§ 39.238 DUTY DISABILITY ALLOWANCE; RETIREMENT AFTER VOLUNTARY RETIREMENT AGE.
   (a)   A member who retires after his or her voluntary retirement age, on account of disability as provided in § 39.237, shall receive the applicable disability retirement allowance provided as follows.
   (b)   Upon his or her retirement he or she shall have the right to elect to receive his or her retirement allowance under an option provided in § 39.236 in lieu of a straight life retirement allowance:
      (1)   A general member’s straight life disability retirement allowance shall be computed according to § 39.230. His or her straight life retirement allowance shall not be less than 12.5% of his or her final average pay, and shall be subject to § 39.244; and
      (2)   A police officer member’s straight life disability retirement allowance shall be computed according to § 39.231. His or her straight life retirement allowance shall not be less than 20% of his or her final average pay, and shall be subject to § 39.244.
(1957 Rev. Ords., § 2.521; 1992 Code, § 35-33) (Ord. 2491, passed 8-7-1967)
§ 39.239 DUTY DISABILITY ALLOWANCE; RETIREMENT BEFORE VOLUNTARY RETIREMENT AGE.
   (a)   A member who retires before his or her voluntary retirement age, on account of disability as provided in § 39.237, shall receive the applicable disability retirement allowance provided as follows.
   (b)   (1)   In computing his or her retirement allowance the credited service used shall be the sum of:
         A.   His or her credited service in force at the time of his or her retirement; plus
         B.   The number of years, and fraction of a year, in the period from the date of his or her retirement to the date he or she would attain his or her voluntary retirement age.
      (2)   His or her disability retirement allowance shall begin as of the date of his or her disability, but not more than six months before the date his or her application for disability retirement is filed with the board, nor prior to the date his or her name last appeared on a city payroll with pay. Upon his or her retirement he or she shall have the right to elect to receive his or her retirement allowance under an option provided in § 39.236 in lieu of a straight life retirement allowance.
(1957 Rev. Ords., § 2.522; 1992 Code, § 35-34) (Ord. 2491, passed 8-7-1967)
§ 39.240 NON-DUTY-INCURRED DISABILITY.
   Upon the application of a member or his or her department head, a member who has ten or more years of credited service and becomes totally and permanently disabled for duty in the employ of the city as a result of causes not occurring in the course of his or her actual performance of duty in the employ of the city, may be retired by the board, provided, that after a medical examination of the member, made by or under the direction of the medical director, the medical director reports in writing to the board that:
   (a)   The member is mentally or physically totally disabled for duty in the employ of the city; and
   (b)   The disability will probably be permanent.
(1957 Rev. Ords., § 2.523; 1992 Code, § 35-35)
§ 39.241 NON-DUTY-DISABILITY RETIREMENT ALLOWANCE.
   A member who retires on account of disability as provided in § 39.240 shall receive a disability retirement allowance computed according to § 39.230 if he or she is a general member, or according to § 39.231 if he or she is a police officer member. His or her retirement allowance shall be as of the date ofhis or her disability, but not more than six months before the date his or her application for disability retirement is filed with the board, nor prior to the date his or her name last appeared on a city payroll with pay. Upon his or her retirement he or she shall have the right to elect to receive his or her retirement allowance under an option provided in § 39.236 in lieu of a straight life retirement allowance. His or her disability retirement allowance shall be subject to §§ 39.242, 39.243 and 39.244.
(1957 Rev. Ords., § 2.524; 1992 Code, § 35-36)
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