AGO 81-044.

• Case Date: May 13, 1981
• Court: North Dakota

North Dakota Attorney General Opinions 1981. AGO 81-044. OPINION 81-44Date Issued: May 13, 1981 (AGO 81-44) Requested by: Scott Engmann, Executive Secretary North Dakota Teachers' Fund for Retirement- QUESTION PRESENTED - Whether a teacher who was vested in the North Dakota Teachers' Insurance and Retirement Fund (TIRF), Chapter 15-39 of the North Dakota Century Code, and who permanently ceased teaching prior to July 1, 1971, but was not eligible because of age for TIRF benefits until after July 1, 1975, is entitled to elect to quality for benefits under the Teachers' Fund for Retirement (TFFR), as provided for in Section 15-39.2-01, N.D.C.C.- ATTORNEY GENERAL'S OPINION - It is my opinion that a teacher who was vested in the North Dakota Teachers' Insurance and Retirement Fund (TIRF), Chapter 15-39, N.D.C.C., and who permanently ceased teaching prior to July 1, 1971, but was not eligible because of age for TIRF benefits until after July 1, 1975, is entitled to elect to qualify for benefits under the Teachers' Fund for Retirement (TFFR), as provided for in Section 15-39.2-01, N.D.C.C. - ANALYSIS - Section 15-39.2-01, N.D.C.C., provides in pertinent part:

15-39.2-01. RETIRED TEACHERS - ELECTION OF COVERAGE - ELIGIBILITY - LIMITATION. Notwithstanding the provisions of chapter 15-39.1, any person who retired from teaching under the teachers' insurance and retirement fund prior to July 1, 1971, who had ten or more years of teaching credit under that program shall be entitled to elect to qualify for benefits under the teachers' fund for retirement by complying with the provisions of this chapter. . . .

This section allows a teacher who retires before July 1, 1971, with ten years of teaching credit under the Teachers' Insurance and Retirement Fund (TIRF), Chapter 15-39, N.D.C.C., to

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