North Dakota Administrative Code

Repealed effective July 1, 2022. 7

When used in this chapter, unless the context otherwise requires: 1. "Aggregate limit" means a provision in an insurance contract limiting the maximum liability of an insurer for a series of losses in a given time period, such as the policy term. 2. "Equivalent coverage" means co…

An applicant for issuance of a license on active status, a licensee renewing a license, or an inactive licensee activating a license must submit proof of insurance coverage through the group plan or through certification of equivalent coverage. History: Effective February 1, 2002…

The group policy obtained by the commission shall provide to each individual licensee, at a minimum, the following terms of coverage: 1. Not less than one hundred thousand dollars single-limit liability coverage for each licensee per occurrence or claim made, not including costs …

Except as provided in this section, coverage may not exclude claims brought against the insured licensee arising out of an act or failure to act by the licensee when performing a professional service for which a real estate license is required. Coverage may limit or exclude claim…

Any group policy to be issued must conform to the standards and practices of the insurance industry and be approved by the North Dakota insurance department. History: Effective February 1, 2002. General Authority: NDCC 43-23-19 Law Implemented: NDCC 43-23-19

An active licensee who chooses the option of obtaining errors and omissions insurance independently from a carrier other than the group carrier under contract with the commission must show evidence of coverage by providing certification of coverage on a form prescribed by the com…

A carrier issuing insurance coverage pursuant to North Dakota Century Code section 43-23-22 must be an admitted carrier in North Dakota or an approved surplus lines carrier in the state in which the licensee being certified resides. All activities contemplated under North Dakota …

Certification of equivalent coverage must be filed with the commission by five p.m. on the date of expiration of coverage. If the certification is not filed on time, the commission shall place the license on inactive status on that date. History: Effective February 1, 2002. 4 Gen…

If a certifying insurance company that submitted certification of equivalent coverage or group plan notifies the commission that a licensee has not paid a premium, the commission shall place that licensee's license on inactive status as of the date of termination of coverage. His…

When a licensee receives notice of being placed on inactive status for failure to provide proof of insurance, the broker shall immediately destroy the license and the licensee's name and licensee's number must be removed from the broker's website. History: Effective February 1, 2…

If insurance under equivalent coverage is to lapse or be nonrenewed, the providing company must notify the North Dakota real estate commission of its intent to lapse or nonrenew before the expiration date of the term. History: Effective February 1, 2002; amended effective July 1,…

A licensee whose license has been placed on inactive status for failure to provide proof of insurance may not conduct any activities for which a license is required until proof of insurance has been provided to the commission and the license has been activated. The license shall …

A licensee may not willfully or knowingly cause or allow a certificate of coverage to be filed with the commission that is false, fraudulent, or misleading. History: Effective February 1, 2002. General Authority: NDCC 43-23-19 Law Implemented: NDCC 43-23-19 5…

1. History. The 1965 legislative assembly created the public employees retirement system by legislation codified as North Dakota Century Code chapter 54-52. The starting date of the program was July 1, 1966. The board acts as the administrating body to manage the public employees…

1. The retirement board must appoint a committee of three, one of whom will be designated as chair, from its membership to oversee elections to the board. 2. Committee members, or their authorized representatives, are responsible for reviewing the election rules for the retiremen…

1. An active employee, eligible to serve as an elected member of the board in accordance with subsection 4 of North Dakota Century Code section 54-52-03, is eligible to cast one vote for each active member vacancy on the retirement board. 2. An individual participating in the uni…

Any active participating member, members of the defined contribution retirement plan, the highway patrol retirement system, and the job service retirement plan are eligible to serve as an elected member of the board in accordance with subsection 4 of North Dakota Century Code sec…

1. The director of the North Dakota public employees retirement system shall ensure that notification of an active member vacancy and the election is given to all active participating members through publication of a notice in the North Dakota public employees retirement system n…

1. The nomination petition for an active member on the board must include the signatures of at least one hundred active eligible voters. 2. The nomination petition must include the following statement: "We, the petitioners, who are members of the North Dakota Public Employees Ret…

1. No period of time, on which an employee is entitled to receive wages or salary from the state of North Dakota or a political subdivision, may be used by the candidates to promote their 2 election except as permitted by the employing agency. In addition, no public funds may be …

1. Ballots must be prepared by the North Dakota public employees retirement system staff in accordance with the election rules. 2. Ballots must be printed on postcards with return postage supplied and will be mailed to all eligible voters with a narrative on candidates who have p…

1. Ballots must be mailed by first-class United States mail to the address of all eligible active voters for an election of an active board member as determined by the North Dakota public employees retirement system's membership as of April fifteenth in the year of the election. …

1. Ballot counting by election committee members or their authorized representatives will commence on the date set for the election committee to do so and will continue until complete. 2. Each candidate may have one overseer present at the canvassing who may examine each ballot a…

1. Election results must be presented to the retirement board following the canvassing of votes. Such report must include an itemization of the number of ballots returned, votes cast for each candidate, votes invalidated, and votes not counted due to late receipt. 2. All candidat…

1. A special election will be called for by the retirement board in the event of a vacancy resulting from the death, resignation, or termination of North Dakota public employees retirement system membership by any elected board members. 2. Special elections must be conducted in a…

A violation of any provision under this chapter may result in one or more of the following penalties, as determined by the board: 1. A candidate's petitions may be declared void. 2. A candidate's nomination may be declared void. 3. A candidate's election may be declared void. 4. …

In lieu of sections 71-01-02-07, 71-01-02-08, and 71-01-02-09 the retirement board may allow for a process by which electronic ballots are submitted to elect an active candidate to the board. History: Effective April 1, 2014; amended effective January 1, 2025. General Authority: …

A request for confidential information is not a request pursuant to the open records laws, but instead is a request for information that has been determined to be confidential under state law but which may be disclosed pursuant to the invocation of an exception to the confidentia…

The executive director shall review each request and determine if the information can be provided. If the request is not clear, the executive director shall write back within forty-five days indicating what additional information is needed. If no additional information is needed,…

If the executive director is unable to determine whether the information can be provided within forty-five days, the director shall refer the request to the public employees retirement system board for its review. The board may approve the request, deny the request, or request ad…

The board of the public employees retirement system has determined that: 1. Information related to enrollment, participation, benefits, or contributions may be shared with participating employers or public employees retirement system contractors for purposes of maintaining a memb…

As used in North Dakota Century Code chapter 54-52 and this article: 1. "Accumulated contributions" means the total of all of the following: a. The employee account fund balance accumulated under the prior plan as of June 30, 1977. b. The vested portion of the employee's "vesting…

If an eligible employee becomes a member of the public employees retirement system, the following requirements apply: 1. A temporary employee shall submit a completed participation agreement within six months of the date of hire as a temporary employee or within six months of a c…

1. Purpose. North Dakota Century Code sections 54-52-02.11 and 54-52.6-02.1 conflict with Internal Revenue Code sections 401(a)(36) and 401(k)(4)(B)(ii) and related regulations and relevant guidance. Pursuant to the authority granted to the board under North Dakota Century Code s…

A member receives credit for each month a contribution is made. Service credit shall be granted upon proper verification without member contribution after an employee has participated in eligible employment not less than two years for prior service employment as defined in North …

Service credit will not be granted for: 1. Prior service if the member received a refund of contributions after July 1, 1966, unless service has been repurchased in its entirety. 2. Service if the member received a refund of contributions after July 1, 1966, unless it is repurcha…

A member may take leave pursuant to policies, rules, and statutes applicable to the member's employing unit. However, service credit may only be given for leave that is part of a participating member's continuous service. Service credit may not be given for isolated leave that is…

Repealed effective November 1, 1990.

In order to purchase additional credit or repurchase past service, a member must notify the office, in writing, of the service for which they wish to receive credit. In addition to the written request, the following information must be submitted if applicable: 1. Verification by …

The total dollar amount for the purchase or repurchase may be paid in a lump sum or on a monthly, quarterly, semiannual, or annual basis. Payments may be subject to contribution limitations established under 26 U.S.C. 415. Payments must begin within ninety days of the date the wr…

If no payment is received within thirty days of the due date, the public employees retirement system shall send a letter to the member advising them of the delinquency. If no payment is received within sixty days after the due date, the account must be closed. Payments received o…

Service purchased or repurchased will be credited in the following manner: 1. For each month the system receives a payment toward a purchase contract, the member will earn a proportion of service credit. 2. Member acceptance of a service purchase contract extinguishes all pending…

If purchasing under North Dakota Century Code section 54-52-02.6 or subdivision d of subsection 1 of North Dakota Century Code section 54-52-17.4, the cost will be the higher of the amount refunded to the member plus interest at the actuarial rate of return or the actuarial cost …

Repealed as the result of S.L. 1981, ch. 547, § 1. 4

If a member terminates service and receives a return of the member's accumulated contributions, service credit for the years of such contributions shall be canceled. General Authority: NDCC 54-52-04 Law Implemented: NDCC 54-52-17

Upon providing proper documentation of retirement plan participation, a member who meets the following criteria may use service credit in the teachers' insurance retirement fund for the purpose of meeting the normal retirement date for vesting purposes under North Dakota Century …