NDAC 71-02-07-02
Return to service - Retired member
Cite as N.D. Admin. Code ยง 71-02-07-02
The benefits of a retired member who returns to permanent employment must be suspended
without interest accruing on the suspended account, except as provided in section 71-02-02-02 and
subsection 1 of North Dakota Century Code section 54-52-05. Upon subsequent termination and
retirement, the member is required to select the same benefit option as the option selected at initial
retirement. The member's total benefit upon subsequent retirement must equal the original benefit plus
the calculated benefit for the return to work period. The member's benefit attributable to any return to
work period must be based upon service and earnings attributable to the return to work period only and
be calculated as follows:
1.
The member's calculated benefit must be based on the benefit provisions in effect at
subsequent retirement and must include the member's and spouse's ages, salary earned
during the period of reemployment, total service credits earned after reemployment, and
actuarial factors in effect at subsequent retirement.
2.
If a member dies during subsequent employment, the member's initial retirement benefit
option election must apply and the date of death must be considered the subsequent
retirement date.
3.
If a member's spouse dies during the subsequent employment of the member, section
71-02-04-04 applies to the member's initial and subsequent retirement benefit calculation.