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NDPERS DURABLE POWER OF ATTORNEY
This information sheet has been prepared to provide clarification about the North Dakota Public Employees
Retirement System (NDPERS) Durable Power of Attorney.
Attorney in Fact -- An individual designated by another individual to do specified acts on behalf of that
person. For purposed of this document, it is the individual designated by the power of attorney to act on
behalf of the individual receiving benefits under the plan.
Durable Clause -- The clause in the power of attorney document that allows the power conferred by the
document to continue after the individual’s disability or incapacity.
Incapacity -- The situation in which an individual is impaired by reason of mental illness, mental deficiency,
or physical illness to the extent the individual lacks the capacity to make or communicate responsible decisions
regarding the individual’s retirement benefits.
NDPER's Durable Power of Attorney has two distinguishing features:
•It allows a NDPERS member or his/her beneficiary to designate an attorney-in-fact to handle
retirement system affairs such as filing applications, making benefit selections, designating
beneficiaries, and endorsing warrants; and
•It contains a durable clause which allows the attorney-in-fact to work on retirement system matters
on the member’s behalf in the event the member becomes incapacitated or disabled or is
A power of attorney that does not have a durable clause terminates upon a member’s incapacity, and as a
result of that termination, it may be necessary for NDPERS to withhold the member’s NDPERS benefits until
the courts appoint a conservator.
It is important to have a current power of attorney on file with NDPERS since the law regarding powers of
attorney change from time to time. While it is preferred that members use NDPERS’ Durable Power of
Attorney, because it contains a durable clause, NDPERS will also accept a general power of attorney without a
durable clause. A general power of attorney or NDPERS’ Durable Power of Attorney may be used for
address changes, withholding tax elections, setting up direct deposit, or requesting information regarding
benefit payments. However, NDPERS will only accept beneficiary designations or retirement option elections
from representatives authorized to act under a Durable Power of Attorney.
The authority granted by NDPERS’ Durable Power of Attorney is limited to matters relating to
NDPERS and the Highway Patrol Retirement System. The person designated as your attorney-in-
fact will not have any authority over your other real or personal property by virtue of the Durable
Power of Attorney.
Please consult an attorney if you have any questions concerning the designation of an attorney-in-fact.
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