N.D. Admin. Code 71-05-07-01

Current through Supplement No. 394, October, 2024

Section 71-05-07-01 - Return to service - Retired member

The benefits of a retired member who returns to permanent employment must be suspended without interest accruing on the suspended account. Upon subsequent termination and retirement, the member is required to select the same benefit option as the option selected at initial retirement. The member's total benefit upon subsequent retirement must equal the original benefit plus the calculated benefit for the return-to-work period. The member's benefit attributable to any return-to-work period shall be based upon service and earnings attributable to the return-to-work period only and be calculated as follows:

1. The member's benefit must be based on the benefit provisions in effect at subsequent retirement and shall include the member's and spouse's ages, salary earned during the period of reemployment, total service earned after reemployment, and actuarial factors in effect at subsequent retirement.

2. If a member dies during subsequent employment, the member's initial retirement benefit option election will apply and the date of death will be considered the subsequent retirement date.

3. If a member's spouse dies during the subsequent employment of the member, section 71-05-05-04 applies to the member's initial and subsequent retirement benefit calculation.

N.D. Admin Code 71-05-07-01

Effective October 1, 1991; amended effective May 1, 2004; July 1, 2010.

Amended by Administrative Rules Supplement 376, April 2020, effective 4/1/2020.

General Authority: NDCC 39-03.1-06

Law Implemented: NDCC 39-03.1-11