Title 40, Municipal Government
85 chapters · 1,001 sections in this title.
N.D.C.C. § 40-45-01 Funding for police pension fund
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Any city having a population in excess of five thousand inhabitants according to the last official federal census and having an organized and paid police department may provide funding for the purpose of creating and maintaining a police pension fund from revenues derived from it…
N.D.C.C. § 40-45-03 Composition and membership
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The governing body of the city may adopt ordinances relating to the composition of and membership in police pension systems subject to the provisions of this chapter.
N.D.C.C. § 40-45-04 Acceptance of money, property, and rewards by the board - Limitations
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The board of trustees may take by gift, grant, devise, or bequest any money or real or personal property or other thing of value for the benefit of the police pension fund. All rewards in moneys, fees, gifts, or emoluments of every kind or nature that may be paid or given to any …
N.D.C.C. § 40-45-05 Police pension fund - How established
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All moneys derived from taxes levied to create a police pension fund, all moneys received as membership fees and dues, and all moneys received from grants, donations, legacies, and devises for the benefit of such fund shall constitute a fund to be known and designated as the poli…
N.D.C.C. § 40-45-06 Investment of surplus funds - Limitations
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At the end of the fiscal year, the board of trustees may invest any surplus left in the police pension fund, but no part of the moneys realized from any tax levy shall be used for any purpose other than the payment of pensions. Such surplus funds may be invested in interest-beari…
N.D.C.C. § 40-45-07 Tax levy may be discontinued when fund sufficient
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Whenever a city which has established a police pension fund under the provisions of this chapter has a sufficient balance in such fund to meet any proper and legitimate charges that may be made against it, such city shall not be required to levy further taxes for the fund.
N.D.C.C. § 40-45-08 Membership fees and assessments
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Every member of the police department shall pay to the treasurer of the pension fund a membership fee to be fixed by the board of trustees in an amount not exceeding twenty-five dollars. Each member shall be assessed and required to pay annually an amount not less than three perc…
N.D.C.C. § 40-45-09 Who may be retired on pension - Amount paid to retiring member - Retiring member not paid
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Any member of the police department, including officers and police matrons, who shall have served twenty years or more in the department and shall have reached the age of sixty years, or who, while a member of such department shall suffer permanent mental or physical disability s…
N.D.C.C. § 40-45-10 Period of service spent in armed forces to be included as service in department
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Any member of a police department who has resigned therefrom or who shall resign therefrom, or who has been granted or shall be granted a leave of absence to serve in the armed forces of the United States or armed forces reserve thereof, or who shall have been selected for traini…
N.D.C.C. § 40-45-10.1 Purchase of legislative service credit
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A member of a police pension fund under this chapter may, prior to retirement, purchase for inclusion in the period of service in the department the time during each legislative session spent serving as a member of the legislative assembly while a member of the pension fund. The …
N.D.C.C. § 40-45-11 Eligibility for retirement because of disability
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No member of the police department who shall become unable mentally or physically to perform the person's duties, nor the person's dependents, shall be entitled to receive benefits under this chapter because of such disability unless such member shall have been on active duty wit…
N.D.C.C. § 40-45-12 Assignment of retired members to light duties in police department
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The chief of the police department of the city may assign any member of the department, retired or drawing a pension under the provisions of this chapter, to the performance of light duties in such department.
N.D.C.C. § 40-45-13 Payments to surviving spouse, children, and surviving parents upon death of active or retired member
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Upon the death of any active or retired member of the police department of a city maintaining a police pension fund under this chapter, leaving a surviving spouse or minor children or dependent father or mother surviving the deceased member, there shall be paid out of the fund su…
N.D.C.C. § 40-45-14 Definitions for benefit purposes
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The benefits provided for in section 40-45-13 shall be subject to the following definitions: 1. "Child" or "children" means only the surviving issue of a deceased active or retired member, or the child or children legally adopted by a deceased member prior to the deceased member'…
N.D.C.C. § 40-45-15 Right to retirement once acquired cannot be lost
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After any member of a police department shall have become entitled to be retired under the provisions of this chapter, such right shall not be lost or forfeited by discharge or for any other reason.
N.D.C.C. § 40-45-16 Increase of assessments by city having police retirement system based upon actuarial tables
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If the mill levy provided for in section 40-45-01, together with contributions from beneficiaries and funds received from other sources as provided in this chapter, is inadequate or insufficient to establish a retirement system based upon actuarial tables, the governing body, in …
N.D.C.C. § 40-45-18 Qualification under Social Security Act authorized - Reduction of retirement benefits
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In the event that the federal Social Security Act shall be extended by the Congress of the United States to municipal employees, the governing body of any municipality may take all steps necessary to qualify its employees, subject to the terms of this chapter, for benefits under …
N.D.C.C. § 40-45-19 Re-examination of retired member physically or mentally disabled - Notice - Witnesses
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The board of trustees, at any time, may cause any member of the department retired by reason of physical or mental disability to be brought before it and again examined by three competent physicians appointed by the board to discover whether such disability continues, whether it …
N.D.C.C. § 40-45-20 Decision on re-examination is final - Exception
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The decision of the board of trustees upon the re-examination provided for in section 40-45-19 shall be final and conclusive in the absence of fraud, and no appeal shall be allowed therefrom. The disabled member shall remain upon the pension roll unless and until reinstated in th…
N.D.C.C. § 40-45-21 Police department employees entitled to refund from fund upon termination of employment with city
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Any employee of a police department who shall have contributed to the police pension fund, and who voluntarily and while in good standing as a member of such police force leaves the employment of the city, shall be entitled upon application at the time of such termination to a re…
N.D.C.C. § 40-45-22 Warrants on pension fund - Treasurer's report - Contents
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All pensions paid and all moneys drawn from the pension fund under the provisions of this chapter shall be upon warrants signed by the board of trustees. Such warrants shall designate the person to whom and the purpose for which payment is made. The treasurer's annual report shal…
N.D.C.C. § 40-45-24 Cities may provide hospitalization and nursing for police department - How cost paid - Exception
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Cities may provide hospital, nursing, and medical attention for the members of the police department when injured while in the performance of their duties as members of such department. The cost of such hospitalization, nursing, and medical attention shall be paid out of the appr…
N.D.C.C. § 40-45-25 Hours of duty of police officers in cities over ten thousand population - Limitations - Exceptions
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A police officer employed in the police department of a city having a population of ten thousand or more inhabitants shall not be required to remain on duty for periods of time which will aggregate in each month more than an average of eight hours per day. No single period of tim…
N.D.C.C. § 40-45-26 Question of continuance of police pension plan
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The governing body of a city having a police pension plan may discontinue such plan upon receipt of a petition requesting such discontinuance signed by sixty percent of the police employees and pensioners of the city as of the date of the filing of such petition and upon the subs…
N.D.C.C. § 40-45-27 Procedure upon discontinuance of police pension plan
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If the governing body of the city shall determine by a two-thirds vote as provided in section 40-45-26 that the police pension plan shall be discontinued, the plan shall be discontinued as provided in section 40-46-25.
N.D.C.C. § 40-45-28 Pension cost of living increase
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In July of each year, the police pension board may add, if found actuarially sound, a cost of living increase to the monthly amounts paid beneficiaries from the pension fund. The total monthly pension payment under this section shall not exceed sixty percent of the monthly salary…
N.D.C.C. § 40-45-29 Pension cost of living decrease
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The pensions provided in this chapter may be decreased by the police pension board if the cost of living goes down.