NDAC 71-02-04-02
Special retirement options - Application
Cite as N.D. Admin. Code ยง 71-02-04-02
1.
A member may elect a retirement option by filing an application with the office no less than
thirty days prior to the beginning date of benefit payments. An application may be filed later
than thirty days if approved by the executive director upon receiving sufficient evidence that
the application was delayed by the member's employer.
2.
A member may revoke the election of an optional benefit as provided in subsection 1 and
make a new election, if such revocation is received in writing before the first retirement check
is cashed but no later than fifteen days after the first retirement check has been issued. If the
member changes the member's election less than fifteen days prior to the named beginning
date of benefits, the first retirement payment may be delayed up to two months. Any delayed
payment must be adjusted to include any deferred retirement payments. If the member's first
retirement payment is paid by direct deposit and the member wishes to revoke the election of
the benefit, then the member must immediately notify the public employees retirement system
of the member's election. The benefit will only be revoked if the public employees retirement
system is able to reverse the direct deposit paid to the bank within the bank reversal window.
3.
A member may not revoke the elected benefit after receiving and cashing the first benefit
check or if paid by direct deposit, after the bank reversal window has expired, unless, the
member can provide sufficient evidence to the executive director that the factual basis by
which the election was made later proved to be incorrect and such was due in part to
representation or misrepresentations made by the employer or the office.