NDAC 71-02-05-07
Optional benefits
Cite as N.D. Admin. Code ยง 71-02-05-07
For the main system, the national guard plan, the bureau of criminal investigation plan, and the
public safety plan, a member deemed eligible for a disability benefit may elect to receive one of the
following optional benefits in lieu of the regular disability benefit, as provided in this section.
1.
A member shall receive an actuarially reduced disability retirement benefit as long as the
member remains eligible for benefits under North Dakota Century Code section 54-52-17 and
after the member's death the same amount must 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 must be made on the first day
of each month commencing on the first day of the month following the member's death,
provided the beneficiary is still living and has supplied a marriage certificate and the member's
death certificate. Benefits 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 must be canceled and the member's benefit must be returned to the single life
amount. Payment of the single life amount must commence on the first day of the month
following the spouse's death providing written notification of death and a death certificate has
been submitted or, in the event of divorce, a photocopy of the divorce decree.
2.
A member shall receive an actuarially reduced disability retirement benefit as long as the
member remains eligible for benefits under North Dakota Century Code section 54-52-17 and
after the member's death one-half the rate of the reduced benefit must 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 must 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 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 must be canceled and the member's benefit must be returned to
the single life amount. Payment of the single life amount must commence on the first day of
the month following the spouse's death providing written notification of death and a death
certificate has been submitted or, in the event of divorce, a photocopy of the divorce decree.
3.
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.