NDAC 71-05-07-02
Return to service - Disabled member
Cite as N.D. Admin. Code ยง 71-05-07-02
If the recipient of a disability benefit returns to work, said member is responsible for reporting
employment to the public employees retirement system.
1.
If a member is working in a permanent full-time position and is eligible to participate in the
North Dakota highway patrolmen's retirement system, monthly benefits from the North Dakota
highway patrolmen's retirement system must be suspended. If an individual is not able to
continue employment for a consecutive period of time resulting in nine months of service
credit as a result of the disability and continues to meet eligibility requirements under the plan,
that member may resume disability status with the North Dakota highway patrolmen's
retirement system.
2.
If a member is receiving disability benefits from the North Dakota highway patrolmen's
retirement system, and returns to substantial gainful activity in employment not covered under
the highway patrolmen's retirement system, the disability benefit may continue for up to nine
consecutive months. If the individual is not able to continue employment for a consecutive
period of time resulting in nine months of service credit as a result of the disability and
continues to meet eligibility requirements under the plan, that member may continue disability
status with the North Dakota highway patrolmen's retirement system.
3.
If a member becomes ineligible for a disability benefit from the North Dakota highway
patrolmen's retirement system, the disability benefit will be discontinued on the date the
member becomes ineligible for disability status.