Decision on re-examination is final - Exception

N.D.C.C. § 40-46-19 — under Employees' Pensions in Cities.

N.D.C.C. § 40-46-19

The decision of the board of trustees upon the re-examination provided for in section 40-46-18 shall be final and conclusive in the absence of fraud, and no appeal shall be allowed therefrom. The disabled employee shall remain upon the pension roll unless and until reinstated in service by reason of the re-examination.

40-46-20. Employee entitled to refund from fund or partial retirement upon termination of employment with city. Any employee who shall have contributed to the city employees' pension fund, and who voluntarily and while in good standing as an employee of said city shall have left the employment of such city, shall be entitled, upon application at the time of such retirement, to a refund of all contributions made by the employee without interest and exclusive of the membership fee, payable in a lump sum. If a participant dies and no dependent benefits are payable, the participant's named beneficiary or estate shall receive the participant's contributions without interest, less any benefit payments theretofore received. Any employee

who shall have served one hundred eighty months or more, but less than two hundred forty months, and who shall have contributed to the city employees' pension fund, and who voluntarily and while in good standing as an employee of said city shall have left the employment of such city, shall be entitled to elect retirement instead of refund, but at a pension equal to the proportion of a full pension as herein provided which the total number of months employed under the plan bears to two hundred forty months, but no pension shall be paid while the employee lives until the employee reaches the age of sixty years.