Section 71-05-07-02 - Return to service - Disabled memberIf the recipient of a disability benefit returns to work, said member is responsible for reporting employment to the public employees retirement system.
1. If a member is working in a permanent full-time position and is eligible to participate in the North Dakota highway patrolmen's retirement system, monthly benefits from the North Dakota highway patrolmen's retirement system must be suspended. If an individual is not able to continue employment for a consecutive period of time resulting in nine months of service credit as a result of the disability and continues to meet eligibility requirements under the plan, that member may resume disability status with the North Dakota highway patrolmen's retirement system.2. If a member is receiving disability benefits from the North Dakota highway patrolmen's retirement system, and returns to substantial gainful activity in employment not covered under the highway patrolmen's retirement system, the disability benefit may continue for up to nine consecutive months. If the individual is not able to continue employment for a consecutive period of time resulting in nine months of service credit as a result of the disability and continues to meet eligibility requirements under the plan, that member may continue disability status with the North Dakota highway patrolmen's retirement system.3. If a member becomes ineligible for a disability benefit from the North Dakota highway patrolmen's retirement system, the disability benefit will be discontinued on the date the member becomes ineligible for disability status.N.D. Admin Code 71-05-07-02
Effective October 1, 1991.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