Title 39 — Motor Vehicles
51 chapters · 808 sections in this title.
N.D.C.C. § 39-03.1-01 Definitions
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In this chapter, unless the context or subject matter otherwise requires: 1. "Accumulated deductions" means the total of the amounts deducted from the salary of a contributor and paid into the fund, and standing to the contributor's credit in the fund, and interest credited on th…
N.D.C.C. § 39-03.1-02 North Dakota highway patrol troopers' retirement system
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A retirement system is hereby established for the members of the North Dakota highway patrol.
N.D.C.C. § 39-03.1-03 North Dakota highway patrolmen's retirement board
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Repealed by S.L. 1983, ch. 419, § 4.
N.D.C.C. § 39-03.1-04 Administrative expenses
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The expense of the administration of this chapter, exclusive of the payment of retirement allowances and other benefits, must be paid by the state of North Dakota, by appropriation out of the highway patrol fund, made on the basis of budgets submitted by the board.
N.D.C.C. § 39-03.1-05 Deposit of contributions - Appropriation
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All moneys of the fund, including employers' contributions, contributors' contributions, grants, donations, legacies, and devises for the benefit of the fund, must be deposited in the public employees retirement fund account with the Bank of North Dakota. All of these moneys, not…
N.D.C.C. § 39-03.1-06 Rules and regulations - Actuarial data
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The board shall, from time to time, establish such rules and regulations for the administration of this chapter as may be deemed necessary. It shall cause to be made periodic actuarial investigations into the mortality and service experience of the contributors to and the benefic…
N.D.C.C. § 39-03.1-07 Membership
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Except as otherwise provided, each member of the patrol, including the superintendent and assistant superintendent, shall contribute to the fund, and is eligible to nominate and vote for members of the board. Personnel of the truck regulatory division of the state highway departm…
N.D.C.C. § 39-03.1-08 Service allowance
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Repealed by S.L. 1987, ch. 444, § 8.
N.D.C.C. § 39-03.1-08.1 Purchase of legislative service credit
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A contributor may, prior to retirement, purchase service credit for the time during each legislative session spent serving as a member of the legislative assembly while a member of the fund. The contributor shall pay for the service credit an amount equal to the required member c…
N.D.C.C. § 39-03.1-08.2 Purchase of additional service credit
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1. The fund may accept rollovers from other eligible plans under rules adopted by the board for the purchase of additional service credit, but only to the extent the transfer is a rollover contribution that meets the requirement of section 408 of the Internal Revenue Code [26 U.S…
N.D.C.C. § 39-03.1-09 Payments by contributors - Employer payment of employee contribution
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1. Every member, except as provided in section 39-03.1-07, shall contribute into the fund ten and thirty-hundredths percent of the member's monthly salary, which sum must be deducted from the member's salary and credited to the member's account in the fund. Member contributions i…
N.D.C.C. § 39-03.1-10 Contributions by the state
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The state shall contribute to the fund a sum equal to sixteen and seventy-hundredths percent of the monthly salary or wage of a participating member. State contributions increase by one percent of the monthly salary or wage of a participating member beginning with the monthly rep…
N.D.C.C. § 39-03.1-10.1 Refund and repurchase of contributions
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Except as provided in section 39-03.1-10.3, a contributor whose employment has been terminated for at least thirty days is entitled to a refund of or to repurchase contributions as follows: 1. a. If the contributor has less than ten years of service at termination of employment, …
N.D.C.C. § 39-03.1-10.2 Employer service purchases
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An employer may purchase additional service credit on behalf of a contributor under the following conditions: 1. The contributor may not be given the option to choose between an employer service purchase and an equivalent amount paid in cash. 2. The contributor must meet one of t…
N.D.C.C. § 39-03.1-10.4 Reduction in member and employer contributions
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The required increase in the amount of member and employer contributions under sections 39-03.1-09 and 39-03.1-10 must be reduced to the rate in effect on July 1, 2013, effective on the July first that follows the first valuation of the highway patrol troopers' retirement plan sh…
N.D.C.C. § 39-03.1-11 Retirement benefit
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Each contributor whose employment with the highway patrol has been terminated may apply to the board for retirement benefits according to this section and rules adopted by the board consistent with this chapter. The following procedures apply: 1. A contributor is entitled to cred…
N.D.C.C. § 39-03.1-11.1 Benefit limitations
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Repealed by S.L. 2003, ch. 308, § 7.
N.D.C.C. § 39-03.1-11.2 Internal Revenue Code compliance
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The board shall administer the plan in compliance with the following sections of the Internal Revenue Code, as amended, as it applies for governmental plans. 1. Section 415, including the defined benefit dollar limitation under section 415(b)(1)(A) of the Internal Revenue Code. a…
N.D.C.C. § 39-03.1-11.3 Supplemental retiree benefit payment
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If the board determines that the fund has obtained a total return on investments of nine and six hundredths percent or higher for the fiscal year ending June 30, 2007, or June 30, 2008, the board shall authorize an additional payment equal to seventy-five percent of the January r…
N.D.C.C. § 39-03.1-12 Retirement allowance
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Repealed by S.L. 1987, ch. 444, § 8.
N.D.C.C. § 39-03.1-13 Optional retirement
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Repealed by S.L. 1987, ch. 444, § 8.
N.D.C.C. § 39-03.1-14 Optional retirement allowance
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Repealed by S.L. 1987, ch. 444, § 8.
N.D.C.C. § 39-03.1-14.1 Multiple plan membership - Eligibility for benefits - Amount of benefits
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1. For the purpose of determining eligibility for benefits under this chapter, a member's years of service is the total of the years of service earned under this chapter and the years of service employment or years of service credit earned in any number of the following, the tota…
N.D.C.C. § 39-03.1-15 Disability retirement
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Repealed by S.L. 1981, ch. 380, § 8.
N.D.C.C. § 39-03.1-16 Disability retirement allowance
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Repealed by S.L. 1981, ch. 380, § 8.
N.D.C.C. § 39-03.1-17 Severance allowance
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Repealed by S.L. 1987, ch. 444, § 8.
N.D.C.C. § 39-03.1-18 Compulsory termination of employment
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A contributor who is at least the age of sixty years may not continue employment with the patrol. The superintendent shall terminate the employment of such a member. The termination is effective no later than the member's sixtieth birthday.
N.D.C.C. § 39-03.1-19 Refunds in case of resignation or discharge
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Repealed by S.L. 1965, ch. 269, § 9.
N.D.C.C. § 39-03.1-20 Payments upon death
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Repealed by S.L. 1965, ch. 269, § 9.
N.D.C.C. § 39-03.1-21 Payments in case of death
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Repealed by S.L. 1987, ch. 444, § 8.
N.D.C.C. § 39-03.1-21.1 Children's benefit - Limitation
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Repealed by S.L. 1981, ch. 380, § 8.
N.D.C.C. § 39-03.1-22 Payments of allowances
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The allowances granted under the provisions of this chapter may not be increased, decreased, revoked, or repealed except as provided by law.
N.D.C.C. § 39-03.1-23 Exemptions from taxes and executions
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Repealed by S.L. 1987, ch. 386, § 2.
N.D.C.C. § 39-03.1-24 Service in the armed forces of the United States
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Repealed by S.L. 1993, ch. 377, § 2.
N.D.C.C. § 39-03.1-25 Fraud - Correction of errors
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No person may knowingly make any false statement, or may falsify or permit to be falsified any record or records of the retirement system herein established in any attempt to defraud such system. Should any such change in records fraudulently made or any mistake in records inadve…
N.D.C.C. § 39-03.1-26 Payments under other laws
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All payments provided for in this chapter are in addition to any other benefits now or hereafter provided for under the workforce safety and insurance laws of this state.
N.D.C.C. § 39-03.1-27 Legislative intent
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The legislative assembly in recognition of the value of good employer-employee relationships and the need to recruit and retain qualified highway patrol troopers in this state, hereby declares its intent that the state should provide the comparable contribution for retirement of …
N.D.C.C. § 39-03.1-28 Confidentiality of records
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All records relating to the retirement benefits of a member or a beneficiary under this chapter are confidential and are not public records. The information and records may be disclosed, under rules adopted by the board only to: 1. A person to whom the member has given written co…
N.D.C.C. § 39-03.1-29 Savings clause - Plan modifications
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If the board determines that any section of this chapter does not comply with applicable federal statutes or rules, the board shall adopt appropriate terminology with respect to that section as will comply with those federal statutes or rules, subject to the approval of the emplo…
N.D.C.C. § 39-03.1-30 Conversion of sick leave
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A member is entitled to credit in the retirement system for each month of unused sick leave, as certified by the employer, if the member or the member's employer pays an amount equal to the member's final average salary, times the number of months of sick leave converted, times t…