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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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§ 39.259 ASSIGNMENTS PROHIBITED.
   All annuities, pensions, retirement allowances, the accumulated contributions of any member, or any other benefit whatsoever accrued or accruing to any member or beneficiary shall be unassignable and shall not be subject to execution, attachment, garnishment or any other process of law whatsoever, except as is specifically provided by this subchapter.
(1957 Rev. Ords., § 2.542; 1992 Code, § 35-54)
§ 39.260 CORRECTION OF ERRORS.
   Should any change or error in the records result in any person receiving from the retirement system more or less than he or she would have been entitled to receive had the records been correct, the board shall correct the error and as far as practicable shall adjust the payment of benefit in a manner that the actuarial equivalent of the benefit to which the person was correctly entitled shall be paid.
(1957 Rev. Ords., § 2.543; 1992 Code, § 35-55)
§ 39.261 REDETERMINATION OF RETIREMENT ALLOWANCES.
   (a)   The board of trustees shall provide annual post-retirement redetermination of retirement allowances. The redetermined amount shall not be less than the amount of retirement allowances otherwise payable. Any provision of this subchapter which limits the amount of retirement allowances shall not apply to the operation of this section in redetermining the amount of retirement allowances. The application of any provision redetermining retirement allowance amounts may be restricted to retirement allowances having an effective date of payment either prior to or subsequent to a specified date. Any post-retirement redetermination of one or more retirement allowances within a retirement system shall be prefunded and may not bring the retirement system into noncompliance with the provisions of § 39.252(c).
   (b)   Pursuant to division (a) above, the retirement allowance upon which redeterminations of retirement allowances are made shall be increased once on January 1, 1986, by 0.5% for each year of retirement based on the current retirement allowance for each person retiring on or before December 31, 1974, and 0.5% for each year of retirement based on the original retirement allowance for each person retiring after December 31, 1974.
   (c)   (1)    Starting January 1, 1991, on the first of the month following the thirty-sixth full month of retirement, the board shall redetermine the retirement allowances of those retirants and beneficiaries whose retirement allowances were effective 36 full months prior to the date of redetermination, and the retirement allowances shall be increased as provided in this section effective on the first of the month following the thirty-sixth full month of retirement. On January 1, 1991, and thereafter on each January 1, the board shall redetermine the retirement allowances of all retirants and beneficiaries, and the retirement allowances shall be increased as provided in this section. The retirement allowance and forecast base shall be increased by an amount equal to the current base times the pension increase percentage. The pension increase percentage shall be equal to the percentage increase, to a maximum of 3%, in the Consumer Price Index for All Urban Consumers, as computed by the United States Department of Labor, for the year ending in the month of June preceding the January 1 redetermination date.
      (2)   Any calculation of benefits required in this section shall be made effective as of the dates mentioned in this section, and the calculation of benefits may be made on a later date. Changes in amounts paid to retirants and beneficiaries shall be paid as soon as practicable after the end of the calendar year.
(1957 Rev. Ords., § 2.546; 1992 Code, § 35-56) (Ord. 2695, passed 7-27-1970; Ord. 108-85, passed 12-2-1985; Ord. 96-87, passed 11-16-1987; Ord. 110-89, passed 10-16-1989; Ord. 110-90, passed 12-3-1990; Ord. 83-93, passed 11-22-1993; Ord. 118-16, passed 12-20-2016)
§ 39.262 APPLICATION OF OTHER ORDINANCES.
   No other provisions of ordinance which provide wholly or partly at the expense of the city for pensions or retirement benefits, except federal social security benefits, for employees of the city, their widows/widowers, children or other dependents, shall apply to members, retirants and beneficiaries of the retirement system, except as is specifically provided in this subchapter.
(1957 Rev. Ords., § 2.544; 1992 Code, § 35-57)
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