NDAC 71-02-04-04
Optional benefits
Cite as N.D. Admin. Code ยง 71-02-04-04
A member may elect, as provided in section 71-02-04-02, to receive one of the following optional
benefits in lieu of the regular single life, or normal for judges, retirement benefit.
1.
One hundred percent joint and survivor benefit. A member shall receive an actuarially
reduced retirement benefit during the member's lifetime and after the member's death the
same amount will be continued to the member's surviving spouse during the spouse's lifetime.
The designated beneficiary is limited to the member's spouse. Payments of benefits to a
member's surviving spouse shall be made on the first day of each month commencing on the
first day of the month following the member's death, providing the beneficiary has supplied a
marriage certificate and death certificate and is still living. Benefits shall terminate in the month
in which the death of the beneficiary occurs. In the event the designated beneficiary
predeceases the member or, in the event of divorce, the option shall be canceled and the
member's benefit shall be returned to the single life or normal amount. Payment of the single
life or normal amount shall commence on the first day of the month following receipt, in the
public employees retirement system office, of written notification of the spouse's death or
member's divorce. Written notification must be either a death certificate or a photocopy of the
divorce decree.
2.
Fifty percent joint and survivor benefit. A member shall receive an actuarially reduced
retirement benefit during the member's lifetime and after the member's death one-half the rate
of the reduced benefit will be continued to the member's surviving spouse during the spouse's
lifetime. The designated beneficiary is limited to the member's spouse. Payments of benefits
to a member's surviving spouse shall be made on the first day of each month commencing on
the first day of the month following the member's death, providing the beneficiary has supplied
a marriage certificate and death certificate and is still living. Benefits shall terminate in the
month in which the death of the beneficiary occurs. In the event the designated beneficiary
predeceases the member or, in the event of divorce, the option shall be canceled and the
member's benefit shall be returned to the single life or normal amount. Payment of the single
life or normal amount shall commence on the first day of the month following receipt, in the
public employees retirement system office, of written notification of the spouse's death or
member's divorce. Written notification must be either a death certificate or a photocopy of the
divorce decree.
3.
Twenty-year or ten-year certain option. A member may elect an option which is the actuarial
equivalent of the member's normal, early, or deferred vested retirement pension payable for
life with a twenty-year or ten-year certain feature, as designated by the member.