Section 3-22-12 – Fund created–Expenditures–Investment–Purchase of annuity in settlement of claim.
3-22-12. Fund created–Expenditures–Investment–Purchase of annuity in settlement of claim. There is hereby created on March 1, 1987, the public entity pool for liability fund to be used to pay claims pursuant to this chapter and the personal services and operating expenses for the management and operation of the PEPL. Any money in the fund shall […]
Section 3-22-16 – Coverage year.
3-22-16. Coverage year. The PEPL coverage year shall be July first through June thirtieth. Source: SL 1986, ch 413, §17.
Section 3-22-17 – Suits against state authorized only to extent coverage provided in coverage document.
3-22-17.Suits against state authorized only to extent coverage provided in coverage document. Pursuant to S. D. Const., Art. III, §27, suits against the state are authorized only for a covered claim to the extent coverage is provided in the coverage document. Nothing in this chapter may be construed to otherwise waive or abrogate any immunity […]
Section 3-22-18 – Liability pool not to be considered insurance or insurance company.
3-22-18. Liability pool not to be considered insurance or insurance company. The PEPL does not constitute insurance nor may it be considered an insurance company under the laws of South Dakota nor is the PEPL under the jurisdiction of the commissioner of insurance. Source: SL 1986, ch 413, §19.
Section 3-22-20 – Federal antitrust laws–Direct state action.
3-22-20. Federal antitrust laws–Direct state action. This chapter is intended as direct state action within the meaning of federal antitrust laws. Source: SL 1986, ch 413, §21; SL 2010, ch 24, §14.
Section 3-22-21 – Immunity of judicial officers and agents–Payment of legal costs.
3-22-21. Immunity of judicial officers and agents–Payment of legal costs. Nothing in this chapter may be construed to remove or waive the immunity of judicial officers or agents in the performance of their duties. The fund shall, however, provide legal services, if requested by the Supreme Court, to defend judicial officers or agents should they […]
Section 3-22-27 – Pool arrangement.
3-22-27. Pool arrangement. Nothing in this chapter limits the formation or operation of any pool arrangement formed pursuant to chapter 1-24. Source: SL 2010, ch 24, §19.
Section 3-22-1 – Public entity pool for liability established–Coverage provided–Effect on certain claims and defenses.
3-22-1. Public entity pool for liability established–Coverage provided–Effect on certain claims and defenses. There is hereby established the South Dakota public entity pool for liability effective March 1, 1987. PEPL shall provide defense and liability coverage for any state entity or employee as provided for within the coverage document issued by PEPL. Nothing in this […]
Section 3-22-2 – Definition of terms.
3-22-2. Definition of terms. Terms used in this chapter mean: (1)”PEPL,” the public entity pool for liability established pursuant to this chapter; (2)”Bureau,” the Bureau of Administration; (3)”Covered claim,” a claim or civil action arising in tort from the operation of a motor vehicle, a ministerial act, or another act for which coverage is provided […]
Section 3-22-5 – Bureau of Administration powers.
3-22-5. Bureau of Administration powers. The bureau may: (1)Select a director who shall serve at the pleasure of the bureau; (2)Enter contracts for actuarial determinations, claims adjustment and investigation, loss control and risk management, legal services, or other services the director determines to be necessary to carry out the purposes of this chapter; (3)Enter contracts […]