NDAC 71-05-07-01
Return to service - Retired member
Cite as N.D. Admin. Code ยง 71-05-07-01
The benefits of a retired member who returns to permanent employment must be suspended
without interest accruing on the suspended account. 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
shall be based upon service and earnings attributable to the return-to-work period only and be
calculated as follows:
1.
The member's benefit must be based on the benefit provisions in effect at subsequent
retirement and shall include the member's and spouse's ages, salary earned during the period
of reemployment, total service 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 will apply and the date of death will be considered the subsequent retirement
date.
3.
If a member's spouse dies during the subsequent employment of the member, section
71-05-05-04 applies to the member's initial and subsequent retirement benefit calculation.