A corporation formed pursuant to the provisions of this chapter, may adopt a pension, profit-sharing, whether cash or deferred, health and accident insurance, or welfare plan for all or part of its employees, including lay employees, providing that such plan does not require or result in the sharing of specific or identifiable fees with any lay employees and any payments made to lay employees or into any such plan in behalf of lay employees are based upon their compensation or length of service or both, rather than the amount of fees or income received.
SDCL 47-11C-22