Title 52 — Social Security

As used in this chapter, unless the context otherwise requires: 1. "Agency" or "bureau" means job service North Dakota. 2. "Client company" means a person that contracts to receive services, within the course of that person's usual business, from a staffing service or that contra…

1. Contributions accrue and become payable by each employer, for each calendar year in which the employer is subject to the North Dakota unemployment compensation law, with respect to wages for employment. Such contributions become due and must be paid by each employer to the bur…

Each employer shall pay contributions equal to the following percentages of wages payable by the employer with respect to employment: 1. One and eight-tenths percent with respect to employment occurring during the calendar year 1937. 2. Two and seven-tenths percent with respect t…

1. Subject to the exceptions and modifications provided for in this section and elsewhere in this chapter, each employer shall pay contributions to the fund equal to two and seven-tenths percent of wages paid by the employer to any one individual employee during a calendar year w…

The bureau shall maintain a separate account for each employer showing the employer's contributions and shall credit the employer's account with all the contributions paid by the employer since January 1, 1937. The provisions of the North Dakota unemployment compensation law may …

1. As used in this section: a. "Income needed to pay benefits" means the estimate of benefits payable in a given calendar year less the estimate of interest to be earned by the unemployment insurance trust fund for that calendar year. b. "Solvency balance" means the income needed…

1. An employer's reserve ratio is the difference between the six-year contributions paid by that employer on or before October thirty-first of any year, with respect to wages paid by that employer before October first of that same year, and the six-year benefits charged to that e…

1. Any project in this state with an estimated construction cost of at least fifty million dollars which is planned to be completed or discontinued within a period of seven years is subject to this section. The general or prime contractor, or the owner in those situations in whic…

1. Benefits paid to an individual must be charged against the accounts of the individual's base-period employers. The amount of benefits so chargeable against each base-period employer's account must bear the same ratio to the benefits paid to an individual as the base-period wag…

The agency shall implement section 52-04-08.2 to ensure necessary compliance with section 303(k) of the Social Security Act [Pub. L. 108-195; 42 U.S.C. 503]. The agency shall adopt rules and procedures necessary to ensure compliance with that section. The agency may issue necessa…

The bureau shall promptly make a determination and notify each employer of the employer's rate of contributions as determined for each ensuing year by the end of the first full week of December, but not later than December tenth, of the preceding year. The rate of contributions m…

1. Any officer, director, or any employee having twenty percent ownership interest of a corporation and any manager, governor, or employee having twenty percent ownership interest of a limited liability company, that is an employer under the North Dakota unemployment compensation…

In the event of any distribution of an employer's assets pursuant to an order of any court under the laws of this state, including any receivership, assignment for the benefits of creditors, adjudicated insolvency, composition, or similar proceeding, contributions then or thereaf…

Not later than three years after the date on which any contributions or interest thereon was paid, if the employer that paid such contributions or interest thereon shall make application for an adjustment thereof in connection with subsequent contribution payments, or for a refun…

Nothing in the North Dakota unemployment compensation law may be construed to authorize any refund of moneys due and payable under the law and regulations in effect at the time such moneys were paid.

Actions brought under section 52-04-12 must be commenced within six years after the claim for relief has accrued; provided, however, that in the case of a false or fraudulent return, or the willful failure to file a return with intent to evade any payment, proceedings in court ma…

The unemployment insurance division, upon its own motion or upon application of an employing unit, may make a written determination with respect to whether an employing unit constitutes an employer, or whether services performed for or in connection with the business of an employ…

When the bureau reviews a potential employment relationship involving an independent contractor who has a valid identification number issued under section 34-05-01.4 and determines that the party described as an independent contractor is an employee for purposes of unemployment c…

Benefits paid to employees of nonprofit organizations must be financed in accordance with the provisions of this section. For the purpose of this section, a nonprofit organization is an organization, or group of organizations, described in section 501(c)(3) of the United States I…

Two or more employers that have become liable for payments in lieu of contributions may file a joint application to the bureau for the establishment of a group account for the purpose of sharing the cost of benefits paid that are attributable to service in the employ of such empl…

The governor is authorized to apply for advances to the state of North Dakota from the federal unemployment trust fund and to accept responsibility for repayment of such advances in accordance with the conditions specified in title XII of the Social Security Act, as amended, in o…

There is created the federal advance interest repayment fund, to which will be credited all assessments collected by the division for the purpose of paying interest due on federal advances to the state trust fund. The fund must consist of all interest collected on delinquent cont…

1. Benefits based on service in employment with an Indian tribe are payable in the same amount, on the same terms, and subject to the same conditions as benefits payable on the basis of other service subject to the North Dakota unemployment compensation law. 2. a. Indian tribes o…

1. If a staffing service exclusively provides temporary staffing services, the staffing service is considered to be the employee's employer and the staffing service shall pay unemployment insurance taxes at the staffing service's unemployment insurance tax rate. If a staffing ser…