NDAC 71-08-03-01
Disability distribution
Cite as N.D. Admin. Code ยง 71-08-03-01
The board shall allow distribution of the participating member's vested account balance if the board
determines the participating member has become totally and permanently disabled using the procedure
provided in section 71-02-05-06. If approved, the disabled member has the same distribution options as
provided in paragraphs 1 and 3 of subdivision a of subsection 3 of North Dakota Century Code section
54-52.6-13. However, if the member chooses the periodic distribution option, the member only must be
allowed to receive distributions for as long as the disability continues and the member submits the
necessary documentation and undergoes medical testing required by the board, or for as long as the
member participates in a rehabilitation program required by the board, or both. The board shall use the
redetermination and recertification procedures provided in section 71-02-05-06 to determine whether
the member remains disabled. If the board determines that a member no longer meets the eligibility
definition, the board shall discontinue the disability retirement benefit.