North Dakota Administrative Code

An employer may elect to purchase up to five years of service credit for an employee and purchase an employee's unused sick leave that meets the requirements of section 71-02-03-08. Before offering a purchase program to its employees, the employer must create a program and an emp…

An employer or a member may only purchase unused sick leave that has not been previously purchased by a former employer or the member. History: Effective May 1, 2004; amended effective July 1, 2006. General Authority: NDCC 54-52-04 Law Implemented: NDCC 54-52-27 7…

Except as provided in section 71-02-04-02 for retirement options, applications for retirement, surviving spouse, and disability benefits must be filed at the public employees retirement system office at least thirty days before the retirement date or before the commencement of be…

1. A member may elect a retirement option by filing an application with the office no less than thirty days prior to the beginning date of benefit payments. An application may be filed later than thirty days if approved by the executive director upon receiving sufficient evidence…

The termination date for purposes of processing an application for retirement benefits must be the last date for which a member receives salary except for a member who is on an approved leave of absence. For members who are paid salary in any month following actual separation fro…

Except for retirement options provided in section 71-02-04-02, a member's retirement benefit shall commence on the first day of the month which follows the member's eligibility for the benefit and which is at least thirty days after the date on which the member filed an applicati…

Except for retirement options provided in sections 71-02-04-02 and 71-02-04-03, for members who are terminated and older than the age at which they reach their normal retirement date, but who have delayed or inadvertently failed to apply for retirement benefits, the regular accru…

A member may elect, as provided in section 71-02-04-02, to receive one of the following optional benefits in lieu of the regular single life, or normal for judges, retirement benefit. 1. One hundred percent joint and survivor benefit. A member shall receive an actuarially reduced…

A member may elect as provided in section 71-02-04-02 to receive one of the following benefit modifications: 1. Partial lump sum option. The partial lump sum option will only be available to members who retire on or after reaching normal retirement date. This option is an irrevoc…

A member may designate a beneficiary or beneficiaries by filing such designation with the office. Except in the case of the joint and survivor option, a member shall have the right to change the member's designation of beneficiary without the consent of the beneficiary, but no su…

Repealed effective July 1, 1994.

1. Except for a national guard security officer or firefighter or a peace officer or correctional officer employed by the bureau of criminal investigation or by a political subdivision, the early retirement benefit for members first enrolled prior to December 31, 2015, shall be a…

Repealed effective July 1, 2006.

teachers' fund for retirement, the highway patrolmen's retirement system, or the teachers' insurance and annuity association of America - college retirement equities fund. Dual members must select one of the following options: 1. Begin receiving retirement benefits from one plan …

The following limitations apply when a member elects an option under subsection 1 of section 71-02-04-09. 1. Eligible service credit may be used for vesting purposes and determining when the dual member may begin drawing normal retirement benefits. A member may begin drawing reti…

1. An "overpayment" means a payment of money by the public employees retirement system that results in a person receiving a higher payment than the person is entitled to under the provision of the retirement plan of membership. 2. A person who receives an overpayment is liable to…

1. An "underpayment" means a payment of money by the public employees retirement system that results in a person receiving a lower payment than the person is entitled to under the provisions of the retirement plan of membership. 6 2. If an underpayment occurs, the amount of the l…

1. A person not satisfied with repayment arrangements made under section 71-02-04-10 may appeal the executive director's decision in writing to the board. The written request must explain the basis of the appeal and must be received in the office within sixty days of the executiv…

A participating member may enter into an agreement with the retirement board to receive an actuarially adjusted monthly retirement benefit to accommodate the less than full payment for years of service credit necessary to meet the normal retirement date, if the following criteria…

Repealed effective January 1, 1992.

Repealed effective January 1, 1992.

When a member receiving a disability benefit attains the member's normal retirement date, that member may elect to terminate that member's disability benefits and draw retirement benefits as specified in North Dakota Century Code section 54-52-17. History: Amended effective Janua…

Repealed effective November 1, 1990.

retirement benefit. A member may elect to start receiving an early reduced retirement benefit, should the member be eligible to do so, pending a disability determination or appeal. Upon receiving a disability determination, interest accrual shall resume beginning the first of the…

1. Application. a. If the member is unable or unwilling to file a public employees retirement system application for disability retirement, the member's legal representative may file the member's disability application. b. For the main system and the national guard and law enforc…

For the main system and national guard/law enforcement retirement plans, an individual deemed eligible for a disability benefit may elect, as provided in this section, to receive one of the following optional benefits in lieu of the regular disability benefit. 1. One hundred perc…

For the judges' retirement plan, an individual deemed eligible for a disability benefit may elect, as provided in this section, to receive one of the following optional benefits in lieu of the regular disability benefit. 1. One hundred percent joint survivor benefit. A member sha…

For purposes of providing a transition period during the twelve-month application period provided under previous law, amendments to chapter 71-02-05 dated January 1, 1992, apply to disabled employees who terminated on or after July 1, 1991. However, the previous rules will contin…

Effective January 1, 1998, interest must accrue on accumulated contributions as defined in article 71-02 until the disabled annuitant reaches that person's normal retirement age, cancels the benefit in accordance with section 71-02-05-03, the account is closed, or until benefit p…

The accumulated contributions of a member who terminates permanent employment: 1. Before accumulating three years of service credit and whose account balance is less than one thousand dollars shall be automatically refunded unless the member elects to remain in an inactive status…

Refund of accumulated contributions shall cancel all service credit accumulated prior to the refund and shall extinguish the right to any benefits provided by North Dakota Century Code chapter 54-52. Any former member returning their refund, with interest at the actuarial rate of…

Repealed effective September 1, 1982. 1

than month earned. Adjustments for the following must be made for all members: 1. Participating employers shall report bonuses or profit-sharing amounts paid when remitting the contribution associated with the bonus. Recruitment and retention bonuses under North Dakota Century Co…

arrangements. 1. Amounts deducted from a member's salary at the member's option to a qualified section 125 cafeteria plan, 401(k) plan, 403(b) plan, or 457 plan are part of wages or salary when calculating retirement contributions. 2. Employee contributions paid by the employer u…

1. A written election submitted under subsection 3 of North Dakota Century Code section 54-52-05 shall be reported to the board a minimum of thirty-one days prior to the effective date. 2. An employer may not discriminate in its contributions to eligible participating employees w…

As part of its annual actuarial evaluation, the board shall determine the amount required to support the level of benefits for national guard/law enforcement specified in North Dakota Century Code section 2 54-52-17. The board shall set the employer's contribution rate on a bienn…

workweek. Retirement contributions must be made on wages paid to eligible permanent employees who are regularly scheduled for less than forty hours per week but who work at least twenty hours per week during a twelve-month period. History: Effective June 1, 1996; amended effectiv…

Individual employee incentive payments received under North Dakota Century Code section 54-06-24 or similar programs are not considered to be salary and are not subject to retirement contributions. History: Effective June 1, 1996. General Authority: NDCC 54-52-04 Law Implemented:…

Pursuant to subdivision a of subsection 4 of North Dakota Century Code section 15-10-17, funds may be transferred on behalf of those persons who are eligible through their employment with the state board of higher education. The following requirements apply: 1. Applicant must fil…

Transfer of funds will be sent to the teachers' insurance and annuity association of America - college retirement equities fund program within six months of receiving the application package. Any application received prior to the applicant's eligibility to participate in the alte…

If the office determines that any required employee-paid contributions have not been made, the cost of any required employee-paid contributions may be paid in a lump sum or in installments in a manner consistent with installment payments permitted under section 71-02-03-02.2. His…

A member or beneficiary may decline to receive interest on the member's contributions and vested employer contributions, if any, by notifying the public employees retirement system, in writing, of that decision when the member or beneficiary applies for a distribution of the accu…

Repealed effective November 1, 1990.

The benefits of a retired member who returns to permanent employment must be suspended without interest accruing on the suspended account, except as provided in section 71-02-02-02 and subsection 1 of North Dakota Century Code section 54-52-05. Upon subsequent termination and ret…

If the recipient of a disability benefit under North Dakota Century Code chapter 54-52 returns to work, that member is responsible for reporting employment to the public employees retirement system. 1. If a member is working in a permanent full-time position and is eligible to pa…

Repealed effective January 1, 2025.

Any political subdivision may discontinue participation in the fund if the following requirements are met: 1. The political subdivision must provide the board with a copy of a resolution adopted by the governing authority authorizing the termination of participation in the fund. …

Repealed effective April 1, 2012.

Repealed effective April 1, 2012.

If a merger between two or more eligible employer groups occurs, the following requirements apply: 1 1. Written notification must be provided to the office no later than sixty days before the merger is final. 2. When two or more employer groups merge into one, and all do not pres…