April 21, 1980

Mr. Bernard Christenson 
Assistant Director 
Division of Criminal Investigation 
Criminal Justice Training Center 
Pierre, South Dakota 57501

Official Opinion No. 80-28

Classification of Drug Unit Agents Under the State Retirement System

Dear Mr. Christenson:

You have requested an official opinion from this office in regard to the following factual situation:

FACTS: 

Agents of the Division of Criminal Investigation assigned to the Drug Unit are presently contributing to the retirement system as Class A members. These agents of the DCI are given law enforcement authority in SDCl 34-20B-63 and are also provided for in SDCL 3-12 under the definition of 'law enforcement officer.'  The question has arisen, therefore, whether these agents should be contributing to the retirement system as Class B members rather than as Class A members.  Since the Drug Unit is under the Division of Criminal Investigation administratively and statutorily, I believe they should be contributing to the retirement system as Class B members.

Based on the above facts, you have asked the following question:

QUESTION: 

Are agents of the Division of Criminal Investigation assigned to the Drug Unit properly included in the state retirement system as Class B members?

SDCL 3-12-47(13) defines Class B members as being: 

Members who are justices, judges, state law enforcement officers, law trained magistrates, municipal policemen, or municipal firemen.

In my opinion, the answer to your question is yes.  Agents of the DCI who are assigned to the Drug Unit are given law enforcement authority and are in my view state law enforcement officers under the above cited definition. Consequently, it follows that these individuals should be contributing to the state retirement system as Class B members.

Respectfully submitted,

Mark V. Meierhenry
Attorney General