# Title 71 — Retirement Board

## Article 71-08 — Defined Contribution Retirement Plan

## Chapter 71-08-03 — Disability

### § 71-08-03-01. Disability distribution.

The board will 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 subdivisions a and c of subsection 3 of North Dakota Century Code section 54-52.6-13.
However, if the member chooses the periodic distribution option, the member will only 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.
History: Effective July 1, 2000.
General Authority: NDCC 28-32-02(1)
Law Implemented: NDCC 54-52.6-14
