Section 82-03-01-08 - Dual membership - Receipt of retirement benefits while contributing to the public employees retirement system or the highway patrolmen's retirement system1. Dual members may select one of the following options at retirement eligibility: a. Begin receiving retirement benefits from one plan prior to ceasing employment covered by the alternate plan, unless the continued employment is with the same employer.b. Begin receiving retirement benefits from one plan and begin work in a job covered by the alternate plan if for a different employer.c. Continue participating as a dual member and begin receiving retirement benefits from both plans after ceasing employment.2. The following limitations apply when a member elects an option under subsection 1: a. Eligible service credit may be used for vesting purposes and determining when the dual member may begin drawing normal retirement benefits. A member may begin drawing retirement benefits from one fund and use the same years, and any additional years, for reaching retirement from the alternate fund so long as service credit does not exceed one year in any fiscal year.b. If a dual member elects to receive retirement benefits as provided in subdivision a or b of subsection 1, the final average salary, service credit, and member's age used to calculate the benefit that is applicable at the time retirement benefits begin may not be adjusted after the benefit effective date.c. The salary used in calculating the retirement benefit must be provided in writing by the alternate retirement system.N.D. Admin Code 82-03-01-08
Amended by Administrative Rules Supplement 2016-360, April 2016, effective 4/1/2016.General Authority: NDCC 15-39.1-07
Law Implemented: NDCC 15-39.1-10.3