North Dakota § 18-11-24 - Commencement of benefits

§ 18-11-24. Commencement of benefits

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).