04 Oct IF AN INDIVIDUAL BECOMES A DISTRICT COURT JUDGE, AFTER HAVING RETIRED FROM AN NDPERS PARTICIPATING EMPLOYER, IT IS CONSIDERED A RETURN TO SERVICE AND INTERRUPTS RETIREMENT BENEFITS UNDER NDPERS BECAUSE THERE IS NO DUAL COVERAGE EXEMPTION FOR DISTRICT COURT JUDGES

October 4, 2024

Request:
Whether a sitting district court judge, who has reached his or her rule of 85, may collect retirement benefits from the NDPERS main plan without first retiring from his or her current position as a judge. Whether, to collect from the NDPERS main plan, there must be an actual break in service between employment with an NDPERS participating employer and beginning service as a state judge or is it sufficient that the new judge is statutorily required to move from the NDPERS main plan to the NDPERS judges plan. Finally, after having retired from an NDPERS participating employer, is considered a return to service that may disrupt current collection of retirement benefits under an existing NDPERS main plan.

Conclusion:
A sitting district court judge, who has reached their rule of 85, may not collect retirement benefits from the NDPERS main plan without first terminating from his or her current position as a judge. A state judge cannot collect from the NDPERS main plan while being a sitting judge because there is no dual coverage exemption for a district court judge. If an individual becomes a district judge, after having retired from an NDPERS participating employer, it is considered a return to service and interrupts collecting retirement benefits under NDPERS.     

You can view this opinion at: 2024-L-02