§ 18-11-24 — Commencement of benefits

North Dakota § 18-11-24

• Jurisdiction: North Dakota
• Title 18: Fires
• Ch. 18-11: Alternate Firefighters Relief Association Plan

Text

Notwithstanding any provision of this plan to the contrary, benefits payable under the plan
are subject to the following:
1. A member's benefit may not commence later than April first of the calendar year
following the latter of the calendar year in which the member attains age seventy and
one-half or the calendar year in which the member terminates employment. In any
case in which a lump sum death benefit is payable to a deceased member's
beneficiary, the benefit must be paid no later than sixty days following the member's
date of death.
2. The member's entire interest in the plan must be distributed over the life of the
member or the lives of the member and a designated beneficiary, over a period not
extending beyond the life expectancy of the member or the life expectancy of the
member and the designated beneficiary.
3. When a member dies after distribution of benefits has begun, the remaining portion of
the member's interest must be distributed at least as rapidly as under the method of
distribution prior to the member's death.
4. When a member dies before distribution of benefits has begun, the entire interest of
the member must be distributed within five years of the member's death. The five-year
payment rule does not apply to any portion of the member's interest that is payable to
a surviving spouse payable over the life or life expectancy of the spouse and which
begins no later than the date the member would have reached age seventy and
one-half.
5. The benefits payable must meet the minimum distribution incidental benefit
requirements of section 401(a)(9)(G) of the Internal Revenue Code; 26 U.S.C. 401(a)
(9)(G).