For the judges' plan, a member deemed eligible for a disability benefit may elect to receive one of the following optional benefits in lieu of the regular disability benefit, as provided in this section.

1. A member shall receive an actuarially reduced disability retirement benefit as long as the member remains eligible for benefits under North Dakota Century Code section 54-52-17 and after the member's death the same amount must 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 is still living and has supplied a marriage certificate and the member's death certificate. Benefits terminate in the month in which the death of the beneficiary occurs. In the event the designated beneficiary predeceases the member or, in the event of divorce, the option must be canceled and 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 providing written notification of death and a death certificate has been submitted or, in the event of divorce, a photocopy of the divorce decree.

2. A member may elect an option which is 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.

History: Effective May 1, 2004; amended effective July 1, 2006; April 1, 2008; July 1, 2010; April 1, 2012; July 1, 2026.

General Authority: NDCC 54-52-04

Law Implemented: NDCC 54-52-17