NDAC 71-05-02-04
Optional benefits
Cite as N.D. Admin. Code ยง 71-05-02-04
An individual deemed eligible for a disability benefit may elect, as provided in this section, to
receive one of the following optional benefits in lieu of the regular disability benefit.
1.
One hundred percent joint and survivor benefit. A member shall receive an actuarially
reduced disability retirement benefit as long as the member remains eligible for benefits under
subdivision d of subsection 3 of North Dakota Century Code section 39-03.1-11 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 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 supplies a marriage certificate and death certificate and is still living. Benefits must
terminate in the month in which the death of the beneficiary occurs. If the designated
beneficiary predeceases the member or, in the event of divorce, the member's benefit must be
returned to the normal retirement amount. Payment of the normal retirement amount must
commence on the first day of the month following the spouse's death if written notification of
death, provided a death certificate has been submitted or, in the event of divorce, a photocopy
of the divorce decree.
2.
Twenty-year or ten-year certain option. A member may receive 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.