North Dakota Administrative Code

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

Each employer shall notify the retirement board when an eligible employee terminates employment. The retirement board shall inform the terminating employee of options available to the employee for continuation of coverage. History: Effective June 1, 1996. General Authority: NDCC …

All political subdivisions that elect to participate in the group life insurance program must pay the retirement board the full premium for the basic term life insurance for each of its eligible employees. History: Effective June 1, 1996; amended effective July 1, 2010. General A…

subdivision boards, commissions, or associations. Each employer shall inform temporary employees and the paid members of its board, commission, or association of their right to the group insurance plan and the process necessary to enroll. Each employer shall provide each eligible…

An enrolled political subdivision must extend the benefits of the group insurance program to its eligible employees and paid members of its board, commission, or association subject to minimum requirements established by the retirement board and a minimum period of participation …

The terms used throughout this title have the same meaning as in North Dakota Century Code section 54-52.2-04, except: 1. "Beneficiary" means an individual designated by the participant to receive benefits under the plan in the event the participant dies. 2. "Compensation" means …

The retirement board shall establish a deferred compensation plan as allowed under section 457 of the Internal Revenue Code. The plan shall contain sections dealing with definitions, administration, plan participation, benefits, withdrawals, and other areas as determined by the r…

Public employees may enroll with up to three providers in the deferred compensation plan by completing and submitting a participant agreement to the office or the board's designated vendor. History: Effective April 1, 1989; amended effective April 1, 2014; April 1, 2016; January …

All deferrals are effective the payroll period ending in the month following the month in which the deferral is authorized. Deferrals cannot be requested or authorized for the month in which income is being earned. History: Effective April 1, 1989; amended effective July 1, 2010.…

A participant may change the amount of deferral at any time, as long as a participant agreement is completed and submitted to the office or the board's designated vendor as set forth in section 71-04-03-01. History: Effective April 1, 1989; amended effective April 1, 2016; Januar…

The participant may change the primary or contingent beneficiary at any time by contacting the participant's designated provider representative. History: Effective April 1, 1989; amended effective May 1, 2004. General Authority: NDCC 28-32-02 Law Implemented: NDCC 54-52.2-03

A participant who, prior to separation from service, experiences an unforeseeable emergency as defined in section 71-04-01-01 may apply for a distribution of the participant's deferred compensation account to the extent reasonably needed to satisfy the financial need. The partici…

Participation in the plan may be terminated at any time by completion of a participant agreement indicating a suspension of monthly deferrals. History: Effective April 1, 1989; amended effective July 1, 1994; April 1, 2002; May 1, 2004; July 1, 2010. General Authority: NDCC 28-32…

Distribution of assets may be made only upon separation from service as defined in section 71-04-01-01, or in accordance with section 71-04-03-05 or 71-04-08-01, or as a direct trustee-to-trustee plan transfer to a tax-qualified governmental defined benefit plan (as defined in In…

The board shall design and provide employees with a participant agreement to facilitate the enrollment in the plan. The participant agreement must provide for the collection of all information regarding identification of the employee, starting date of the deduction, the payroll p…

The board shall, upon request of the employee, make available a descriptive booklet setting forth the enrollment requirements of the plan, explanation of the deferred compensation plan under section 457 of the Internal Revenue Code, and investment options under the plan. History:…

The board shall establish a written provider agreement for the authorization of companies or organizations who offer investment options to public employees. This agreement may include registration and reporting requirements, educational requirements of sales representatives, and …

The board shall establish a written agreement for all employers, other than state departments, agencies, boards, or commissions, which appoint the state to administer their deferred compensation plan. This agreement includes requirement for the employer to adopt the board's rules…

The office shall make available to the payroll division of each employer direction to begin, modify, or discontinue deductions pursuant to the completed participant agreement as the payroll division's authorization to begin deductions. History: Effective April 1, 1989; amended ef…

The board shall have each provider of investment services establish individual accounts to record the participant's contributions, earnings, and other account activity. History: Effective April 1, 1989; amended effective July 1, 2010. General Authority: NDCC 28-32-02 Law Implemen…

The board may notify the participant, provider company, and provider representative of the employee's separation from service and eligibility for payment of benefits. History: Effective April 1, 1989; amended effective July 1, 1994; May 1, 2004; July 1, 2010; April 1, 2016. Gener…

The executive director or the executive director's designee is authorized to sign all provider agreements, employer agreements, or benefit applications that meet the requirements under article 71-04 and under North Dakota Century Code chapter 54-52.2. History: Effective July 1, 1…

The board shall suspend a provider that does not meet the requirements under article 71-04 or North Dakota Century Code chapter 54-52.2. The board may apply either of the following two types of suspension: 1. Loss of active provider status. Under this type of suspension, the prov…

The board will process and remit employee deferred compensation deductions to the designated provider company within three business days following receipt in good order of all funds and documentation from the employer. History: Effective July 1, 2006; amended effective July 1, 20…

Any employer may extend the benefits of the deferred compensation plan to its employees by agreeing to abide by the deferred compensation plan and rules developed by the retirement board, executing an administrative agreement, and submitting a signed copy of meeting minutes to th…

The employer shall authorize employee payroll deductions only after receiving notification from the office. The participant agreement must indicate the date the payroll deduction is to start, the provider, and the contribution amount. Unless otherwise agreed to by the retirement …

Repealed effective July 1, 2006.

The employer shall authorize payroll deductions in the deferred compensation plan only for providers authorized by the retirement board. The retirement board will supply a listing of all authorized providers to the employer. History: Effective April 1, 1989. General Authority: ND…

All contracts between the provider and the employee must be delivered to the retirement board for safekeeping. History: Effective April 1, 1989. General Authority: NDCC 28-32-02 Law Implemented: NDCC 54-52.2-03

The employer shall notify the office within thirty days of an employee's separation from service. The office may then notify the former employee's provider of the employee separation from service and eligibility for payment options under the plan. History: Effective April 1, 1989…

Repealed effective April 1, 2002.

The employer may terminate participation in the deferred compensation plan by first giving sixty days' written notice to the retirement board of the employer's intent to terminate. The participants in the plan must be considered to have terminated from the plan as of the date the…

Those firms desiring to offer investment services for the deferred compensation plan shall first notify the board, in writing, of the firms' willingness to become a provider. History: Effective April 1, 1989; amended effective July 1, 2010. General Authority: NDCC 28-32-02 Law Im…

Firms expressing a desire to become a provider of investment services under the deferred compensation plan must agree to all provisions and sign the board's administrative agreement. The administrative agreement sets forth the responsibilities of the provider to the plan, the boa…

All sales representatives of the provider approved by the board to solicit employees must be fully trained to explain the various investment options available through the provider, be able to explain what the deferred compensation program is as found under section 457 of the Inte…

Each provider shall provide a listing of the investment options offered to employees. The listing must be attached to the administrative agreement. 1 History: Effective April 1, 1989. General Authority: NDCC 28-32-02 Law Implemented: NDCC 54-52.2-03…

Participants in the provider's investment options shall receive, at least quarterly, account statements, sent to their home address, detailing each participant's activity and account balance. History: Effective April 1, 1989; amended effective July 1, 1994. General Authority: NDC…

The provider shall deliver quarterly reports, in an approved electronic format, to the board detailing the activity of each participant's account. The quarterly report must be delivered within thirty days of the end of each calendar quarter and must include an alphabetical listin…

The provider shall allow any participant who so requests, the ability to transfer the participant's account to another provider on a tax-free basis. The request to the provider must be made in writing by the board or its designated representative. The transfer must be made within…

The provider shall honor all requests for benefit or refund payments made upon notification of the employee's separation from service by the board. History: Effective April 1, 1989; amended effective May 1, 2004; July 1, 2010. General Authority: NDCC 28-32-02 Law Implemented: NDC…

The provider shall make benefit payments to the participant in the manner designated by the participant. History: Effective April 1, 1989; amended effective July 1, 2010. General Authority: NDCC 28-32-02 Law Implemented: NDCC 54-52.2-03

The provider shall allow for the withholding of federal and state income taxes from the benefit payments and file the required reports of the withholdings with the appropriate federal and state agencies. History: Effective April 1, 1989; amended effective July 1, 1998; April 1, 2…

Should the provider fail to deliver the required report within a thirty-day period beyond the end of the reporting period, notice must be given by certified mail of the provider's failure to comply. The provider shall then have thirty days from the date of the certified letter to…

Should the provider be in violation of the administrative agreement, employees shall have the option of transferring their individual accounts to another qualified provider. The employee shall also have the option of leaving the account with the provider until the employee is eli…

The employee may elect to leave the employee's account with the provider after separation from service. History: Effective April 1, 1989; amended effective July 1, 1994. General Authority: NDCC 28-32-02, 54-52.2-03.2 3 Law Implemented: NDCC 54-52.2-03…

The provider shall report annually in a form and manner specified by the board such information the board may require related to the provider's investment products. Should the provider fail to deliver the required report within a sixty-day period following the date of request, th…

Retirement moneys must be paid in accordance with any qualified domestic relations order issued in compliance with North Dakota Century Code section 54-52.2-03.3. History: Effective May 1, 2004. General Authority: NDCC 28-32-02, 54-52.2-03.2 Law Implemented: NDCC 54-52.2-03.3