North Dakota Code 15-39.1-19.2 – Retired teachers return to active service – Critical shortage areas and disciplines
1. A retired teacher who is receiving a retirement annuity under chapter 15-39, 15-39.1, or 15-39.2 may elect to return to teaching without losing any benefits under the provisions of this section or elect to return to teaching under the provisions of section 15-39.1-19.1. To return to teaching under this section, a retired teacher:
Terms Used In North Dakota Code 15-39.1-19.2
- Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
- year: means twelve consecutive months. See North Dakota Code 1-01-33
a. Shall return to teach in a critical shortage geographical area or subject discipline as determined by the education standards and practices board; b. If retired after January 1, 2001, must have been receiving a retirement annuity for at least one year. A retired teacher may perform noncontracted substitute teaching duties but may not engage in full-time or part-time teaching duties during the one-year separation from service; and
c. Shall notify the fund office in writing within thirty days of the retired member’s return to covered employment. The retired member’s employer also shall notify the fund office in writing within thirty days of the retired member’s return to covered employment.
2. A retired teacher who returns to teaching under this section shall pay the member contributions required by section 15-39.1-09 on the salary of the retired member. The member contributions must be included in the retired member’s account value and may not be refunded except as provided under section 15-39.1-17. A retired teacher who returns to teaching under the provisions of this section must be treated as retired for all other purposes under this chapter. A retired teacher may not earn any additional service during the period of re-employment. The retired teacher’s benefits may not be adjusted to reflect changes in the retired teacher’s age or final average monthly salary at the end of the period of re-employment, any optional form of payment elected under section 15-39.1-16 remains effective during and after the period of re-employment, and additional benefits normally available to an active member, such as disability benefits, are not available to a retired teacher re-employed under this section.
3. A participating employer that employs a retired member under this section shall pay the employer contributions required by section 15-39.1-09 on the salary of the retired member.