18-11-24. Commencement of benefits

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ND Code › Title 18 › Chapter 18-11 › Section 18-11-24

This text was captured on Aug 14, 2026. It is a snapshot, not a live feed, so check the official code before relying on it.

Text

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).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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18-11-24. Commencement of benefits · N.D. Cent. Code § 18-11-24 | Frix