(Revised 1/1/18 ML #3508)
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(N.D.A.C. Section 75-02-02.1-17)
For purposes of this section, ‘full retirement age’ is determined by the income source.
- For Social Security Benefits, the individual’s full retirement age is defined by SSA.
- If an individual is disabled, full retirement age is the individual’s age at the time the individual becomes disabled.
- For IRA’s, annuities or other retirement plans, full retirement age is the individual’s age at the time the individual can withdraw funds without a penalty.
- As a condition
of eligibility, applicants and recipients (including spouses and financially
responsible absent parents) must take all necessary steps to obtain any
annuities, pensions, retirement, and disability benefits, to which they
are entitled, unless they can show good cause for not doing so. Annuities,
pensions, retirement, and disability benefits include, but are not limited
to, veterans' compensation and pensions; old age, survivors, and disability
insurance benefits; railroad retirement benefits; and unemployment compensation.
If an individual does NOT have ‘good cause’ as indicated in #2 below, they MUST begin drawing their benefits, the earlier of:
- Reaching their full retirement age, or
- Becoming disabled which precludes them from earning a living.
- Individuals may have ‘good cause’ for not making these streams of income available as follows:
- Receipt of the annuity, pension, retirement, or disability benefit would result in a loss of health insurance coverage; or
- An employed or self-employed individual who has not met their full retirement age chooses not to apply for Social Security early retirement or widows benefits; or
- An employed individual whose retirement benefits are through their current employer and the individual is not allowed to access the benefits m while employed.
Good cause must be documented in the case file.
- Application for needs based payments (e.g. SSI, TANF, etc.) cannot be imposed as a condition of eligibility.
