S.D. Codified Laws § 3-13C-7

Current through the 2024 Legislative Session

Section 3-13C-7 - Eligible rollover distribution

For purposes of this chapter, an eligible rollover distribution is any distribution of all or any portion of the balance to the credit of the distributee, except an eligible rollover distribution does not include:

(1) Any distribution of a series of substantially equal periodic payments, not less frequently than annually, made for the life expectancy of the distributee or the joint life expectancies of the distributee and the distributee's designated beneficiary, or for a specified period of ten years or more;

(2) Any distribution to the extent the distribution is required under 26 U.S.C. § 401(a)(9);

(3) The portion of any other distribution not includible in gross income determined without regard to the exclusion for net unrealized appreciation with respect to employer securities; and

(4) Any other distribution reasonably expected to total less than two hundred dollars during a year.

A portion of a distribution does not fail to be an eligible rollover distribution because the portion consists of after-tax employee contributions that are not includible in gross income. The portion may be transferred only to a traditional individual retirement account or annuity described in 26 U.S.C. § 408(a) or (b), a Roth individual retirement account or annuity described in 26 U.S.C. § 408A, or a qualified defined contribution, defined benefit, or annuity plan described in 26 U.S.C. § 401(a) or 403(a) or to an annuity described in 26 U.S.C. § 403(b), if the plan or contract agrees to separately account for amounts so transferred including interest thereon, while separately accounting for the portion of the distribution which is includible in gross income and the portion of the distribution which is not so includible.

SDCL 3-13C-7

SL 2020, ch 13, § 14.

Added by S.L. 2020, ch. 13,s. 14, eff. 7/1/2020.