North Dakota Administrative Code

A member who has received notice that the member's benefits have been denied in whole or in part may within thirty days of receipt of such notice secure review by written request addressed to the board in care of the executive director of the public employees retirement system. T…

If the initial decision is adverse to the applicant after exhausting the administrative procedure under section 71-02-09-01, the applicant may file a request for a formal hearing to be conducted under North Dakota Century Code chapter 28-32. The request for a formal hearing must …

Retirement benefits must be paid in accordance with any qualified domestic relations order (QDRO) issued in compliance with North Dakota Century Code section 54-52-17.6. History: Effective November 1, 1990. General Authority: NDCC 54-52-04 Law Implemented: NDCC 54-52-17.6

1. Upon receipt of a proposed domestic relations order, the public employees retirement system shall send an initial notice to each person named therein, including the member and the alternate payee named in the order, together with an explanation of the procedures followed by th…

To be eligible to receive service credit with North Dakota public employees retirement system for military time under this chapter, a veteran must have had an interruption of employment and been discharged under honorable conditions. History: Effective September 1, 1991; amended …

1. A veteran with eligible time may receive up to sixty months' credit upon proper application. A veteran eligible to receive service credit for military time must apply for and, if required to pay any portion of the employee contribution, purchase that time within the lesser of …

The burden of proof will be on the member for providing documentation necessary to determine what military time is eligible for service credit. At a minimum, the following documentation is required before service credit will be awarded: 1. The member must provide a legible copy o…

The cost for purchase of eligible military service in the North Dakota public employees retirement system and the North Dakota highway patrolmen's retirement system is as follows: 1. The cost for any required employee contributions to be paid by the member may be paid in a lump s…

Repealed effective May 1, 2004. 2

Repealed effective May 1, 2004.

In the event an employee or retiree purchased military service at a cost higher than determined above, overpayments may be refunded. Upon verification that the previously purchased military service meets the general eligibility requirements under section 71-02-11-01, a refund may…

Contracts for the uniform group insurance programs must be awarded through a competitive bidding process. In order to ensure uniformity, the board will utilize services of the actuarial consultant to formulate bid specifications. History: Effective October 1, 1986. General Author…

Bid solicitations may be for: 1. Life insurance. 2. Hospital and medical coverages for active or retired members or both - fully insured contract. 3. Self-insured coverage for active or retired members or both. 4. Dental insurance. 5. Vision insurance. 6. Long-term care insurance…

Repealed effective April 1, 2012. 1

Repealed effective April 1, 2012. 2

An eligible employee is entitled to coverage the first of the month following the month of employment, or the month following meeting eligibility criteria, unless otherwise noted below, if the employee submits an application for coverage within the first thirty-one days of employ…

An eligible employee failing to submit an application for coverage within the first thirty-one days of employment or eligibility for a special enrollment period may enroll during the annual open enrollment. Upon a showing of good cause, the executive director may waive the thirty…

Repealed effective June 1, 1996. 1

Repealed effective June 1, 1996.

An eligible employee, retiree, or surviving spouse who elects to take a periodic distribution from the defined contribution retirement plan or a monthly retirement benefit from the North Dakota public employees retirement system, North Dakota highway patrolmen's retirement system…

termination. An employee who terminates employment and is not receiving a monthly retirement benefit from one of the eligible retirement systems, and applies for continued coverage with the health, dental, vision, or prescription drug plan may continue such coverage for a maximum…

dependents. Dependents of employees with family coverage may continue coverage with the group after their eligibility would ordinarily cease. This provision includes divorced or widowed spouses and children 3 when they are no longer dependent on the employee. Coverage is continge…

An employee who is enrolled in the group life insurance program may continue the basic and supplemental life insurance coverage upon retirement or disability if the employee receives a retirement allowance from an eligible retirement system by applying for life insurance coverage…

An employee on an approved leave without pay may elect to continue coverage for the periods specified in the plans for life insurance, health, dental, vision, or prescription drug coverages by paying the full premium to the agency. An eligible employee electing not to continue co…

An employee who selects a level of coverage which requires an additional amount of premium shall pay the amount due to the employing agency. The employee contribution may be paid via payroll deduction or any other means acceptable to the agency. History: Effective October 1, 1986…

Each agency shall pay to the board the full amount of the employer contribution by the fifteenth of each month. The agency will verify the number of eligible employees and the level of coverage for each. An employee is eligible for an employer contribution for the month following…

Each agency shall inform its employees of their right to group insurance and the process necessary to enroll. History: Effective October 1, 1986; amended effective November 1, 1990; April 1, 2014. General Authority: NDCC 54-52.1-08 Law Implemented: NDCC 54-52.1-03

Each agency shall collect any employee contribution due and submit it along with the employer contribution to the board each month. When an employee on an approved leave of absence requests to continue in the group, the agency shall collect the full amount of the premium from the…

Each agency shall notify the board when an eligible employee terminates employment. The board shall inform the terminating employee of options available to the employee for continuation of coverage. History: Effective October 1, 1986. General Authority: NDCC 54-52.1-08 Law Implem…

All state departments that participate in the group life insurance program must pay the board the full premium for the basic term life insurance for each of its eligible employees. History: Effective October 1, 1986; amended effective July 1, 1994; July 1, 1998; July 1, 2010. Gen…

Repealed effective June 1, 1996. 2

The board will maintain a monthly billing and reconcile the moneys for all employers and other eligible individuals provided in North Dakota Century Code chapter 54-52.1. History: Effective October 1, 1986; amended effective January 1, 2025. General Authority: NDCC 54-52.1-08 Law…

Retirees receiving a monthly retirement benefit from the board in a sufficient amount to pay premium will have the total monthly premium deducted from their benefit check. History: Effective October 1, 1986; amended effective November 1, 1990; April 1, 2008; July 1, 2018. General…

Repealed effective April 1, 2008.

Repealed effective April 1, 2012.

If a member's benefits have been denied in whole or in part by the board or its agent, the member will be notified in writing of the denial and the reasons. Within sixty days of the date shown on the denial notice, the member may file a petition for review. The petition must be i…

Whenever benefits are paid in noncompliance with the contract, the board retains the right to recover the payments from the party responsible. In case the claims payor is at fault, the amount of overpayment will be withheld from the administrative fees paid by the board. In case …

1. An "overpayment" means a payment of money to the public employees retirement system for group insurance premiums that exceeds the premiums due for the level of coverage that should have been in effect. 2. If an overpayment occurs, the amount of the overpayment must be paid to …

1. An "underpayment" means a payment of money to the public employees retirement system for group insurance premiums that is less than the premiums due for the level of coverage that should have been in effect. Underpayment of premium is solely an error in the amount of premium b…

1. A person not satisfied with the repayment arrangements made under this policy 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 executive di…

1. The amount of the health premium overpayment or underpayment will be determined by calculating the difference between the premium that was paid and the premium that should have been paid, retroactively to the month the change in premium should have occurred, or July of the ear…

1. If the individual fails to notify the public employees retirement system of a change that affects the level of coverage in force, upon learning of the change, the guidelines for premium overpayment or underpayment will apply. 2. If an individual fails to notify the public empl…

An eligible employee is entitled to coverage the first of the month following the month of employment, or the month following meeting eligibility criteria, unless otherwise noted below, if the employee submits an application for coverage within the first thirty-one days of employ…

Political subdivisions must follow the same late enrollment procedures as outlined in section 71-03-03-02. History: Effective June 1, 1996; amended effective July 1, 1998; May 1, 2004; July 1, 2010. General Authority: NDCC 54-52-04, 54-52.1-03.1 Law Implemented: NDCC 54-52.1-03, …

Political subdivisions must follow the same enrollment procedures as outlined in section 71-03-03-05. History: Effective June 1, 1996; amended effective July 1, 2010. General Authority: NDCC 54-52-04, 54-52.1-03.1 Law Implemented: NDCC 54-52.1-03, 54-52.1-03.1 1…

Political subdivisions must follow the same continuation procedure as outlined in section 71-03-03-06. History: Effective June 1, 1996. General Authority: NDCC 54-52-04, 54-52.1-03.1 Law Implemented: NDCC 54-52.1-03, 54-52.1-03.1

Political subdivisions must follow the same continuation procedure as outlined in section 71-03-03-07. History: Effective June 1, 1996; amended effective July 1, 2010. General Authority: NDCC 54-52-04, 54-52.1-03.1 Law Implemented: NDCC 54-52.1-03, 54-52.1-03.1

Political subdivisions must follow the same continuation procedure as outlined in section 71-03-03-08. History: Effective June 1, 1996. General Authority: NDCC 54-52-04, 54-52.1-03.1 Law Implemented: NDCC 54-52.1-03, 54-52.1-03.1

Political subdivisions must follow the same leave without pay procedures as outlined in section 71-03-03-09. History: Effective June 1, 1996. General Authority: NDCC 54-52-04, 54-52.1-03.1 Law Implemented: NDCC 54-52.1-03, 54-52.1-03.1

An employee who is enrolled in the group insurance plan and required by the employer to pay a part of the premium must pay the amount due to the employer. The employee contribution may be paid via payroll deduction or any other means acceptable to the employer. History: Effective…