Title 071 · Title 71

Return to service - Retired member.

Citation: N.D. Admin. Code § 71-02-07-02

Section: 71-02-07-02

71-02-07-02. Return to service - Retired member. 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. History: Amended effective November 1, 1990; July 1, 1998; May 1, 2004; July 1, 2006; July 1, 2010; July 1, 2018; July 31, 2025; January 1, 2026. General Authority: NDCC 54-52-04, 54-52-17, 54-52-23 Law Implemented: NDCC 54-52-02.15, 54-52-05, 54-52-17