N.D. Admin Code 82-05-01-03 - Designation of beneficiary

A member may designate a beneficiary in writing on forms provided by the fund prior to the beginning of benefit payments.

After benefit payments have begun, the member may not change the designated beneficiary except under the following circumstances:

1. Members who select the single life, five-year term certain and life (option no longer available to new retirees), twenty-year term certain and life, or ten-year term certain and life annuity plans may change their beneficiary at any time.

2. Members who select the one hundred percent joint and survivor or fifty percent joint and survivor annuity plans may only name one beneficiary and may not change their beneficiary after retirement, except under the following circumstances:

a. If the member's designated beneficiary precedes the member in death; or

b. If the marriage of a member and the designated beneficiary is dissolved and the divorce decree provides for sole retention of the retirement benefits by the member.

In these cases, the form of benefits shall automatically revert to the standard form of benefit payment under section 82-05-02-01 and a new beneficiary may be designated. The member, upon remarriage, may designate the new spouse as the primary beneficiary and may elect a joint and survivor benefit option under section 82-05-02-02.

Notes

N.D. Admin Code 82-05-01-03

Effective September 1, 1990; amended effective April 1, 1994; May 1, 2000; May 1, 2002; May 1, 2004; July 1, 2012.

General Authority: NDCC 15-39.1-07

Law Implemented: NDCC 15-39.1-04, 15-39.1-16, 15-39.1-17