71-02-06-01. Conditions for return.

1. For members eligible for an automatic refund, the accumulated contributions of a member who has a termination of employment prior to retirement must be refunded automatically as follows unless the member elects to remain in an inactive status within thirty days after the termination date:

a. For all members except members of the bureau of criminal investigation plan addressed under subdivision b and members of the judges' plan addressed under subdivision c, if the member has less than three years of service credit and an account balance less than one thousand dollars;

b. For members of the bureau of criminal investigation plan hired after July 31, 2023, if the member has less than ten years of service credit and an account balance less than one thousand dollars; and

c. For members of the judges' plan, if the member has less than five years of service credit and an account balance less than one thousand dollars.

2. For members not eligible for an automatic refund, the accumulated contributions of a member who has a termination of employment prior to retirement must be refunded upon application filed with the executive director.

3. The termination date for purposes of processing an application for refund or rollover must be the last date for which a member receives salary except for a member who is on an approved leave of absence. For members who are paid salary in any month following actual separation from employment if the salary is received after the normal processing date, the termination date for purposes of processing the application must be the same date as the date that the last paycheck was issued as salary.

History: Amended effective November 1, 1990; June 1, 1996; July 1, 1998; July 1, 2000; May 1, 2004; July 1, 2010; July 1, 2018; July 1, 2026.

General Authority: NDCC 54-52-04

Law Implemented: NDCC 54-52-06, 54-52-17