# Title 71 — Retirement Board

## Article 71-02 — Public Employees Retirement System

## Chapter 71-02-07 — Return to Service

### § 71-02-07-01. Return to service - Unretired member.

Repealed effective November 1, 1990.
### § 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
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
### § 71-02-07-03. Return to service - Disabled member.

If the recipient of a disability benefit under North Dakota Century Code chapter 54-52 returns to
work, that member is responsible for reporting employment to the public employees retirement system.
1. If a member is working in a permanent full-time position and is eligible to participate in the
public employees retirement system, monthly benefits from the public employees retirement
system must be suspended. If the individual is not able to continue employment for a
consecutive period of time resulting in nine months of service credit as a result of the disability
and continues to meet eligibility requirements under the plan, that member may resume
disability status with the public employees retirement system.
2. If a member returns to substantial gainful activity in employment not covered under the public
employees retirement system, the disability benefit may continue for up to nine consecutive
months. If the individual is not able to continue employment for at least nine months as a

result of the disability and continues to meet eligibility requirements under the plan, the
member may continue disability status with the public employees retirement system.
3. Upon subsequent termination and retirement, the member is required to select the same
benefit option as the option selected at initial retirement.
4. If a member dies during subsequent employment, the member's initial retirement benefit
option election applies and the date of death is considered the subsequent retirement date.
5. If a member's spouse dies during the subsequent employment of the member, section
History: Effective November 1, 1990; amended effective September 1, 1992; July 1, 1994; July 1,
2000; April 1, 2002; April 1, 2020.
General Authority: NDCC 54-52-04, 54-52-17
Law Implemented: NDCC 54-52-17
