Anderson v. S.D. Retirement Sys.

Questions of law are reviewed de novo. Dakota Trailer Mfg., Inc. v. United Fire & Cas. Co. , 2015 S.D. 55 , ¶ 11, 866 N.W.2d 545 , 548. Matters of reviewable discretion are reviewed for abuse. SDCL 1-26-36(6). The agency's factual findings are reviewed under the clearly erroneous standard. SDCL 1-26-36(5). The agency's decision may be affirmed or remanded but cannot be reversed or modified absent a showing of prejudice. SDCL 1-26-36.

Upon the death of a foundation retiree or any foundation member who has reached normal retirement age, the surviving spouse is eligible to receive a benefit,…