Title 54 — State Government

1. This section applies to a self-insurance health plan for: a. Health insurance and prescription drug benefits coverage; b. Health insurance benefits coverage, excluding all or part of prescription drug benefits coverage; or c. All or part of prescription drug benefits coverage.…

Repealed by S.L. 2019, ch. 462, § 10.

Repealed by S.L. 2019, ch. 462, § 10.

Repealed by S.L. 2019, ch. 462, § 10.

The board may establish a dental plan, a vision plan, or both, for eligible employees. The board shall receive bids for the plan or plans pursuant to section 54-52.1-04. The board may reject any or all bids and provide a plan of self-insurance. Premiums for this coverage must be …

The board may establish a long-term care plan for eligible employees. The board shall receive bids for the plan under section 54-52.1-04. The board may reject any or all bids and provide a plan of self-insurance. Premiums for this plan must be paid by the eligible employee. Any r…

The board shall establish an employee assistance program available to persons in the medical and hospital benefits coverage group. The premium for this coverage must be paid as provided by section 54-52.1-06. The board shall receive bids for this program under section 54-52.1-04.…

1. Each uniform group insurance contract entered by the board must be consistent with the provisions of this chapter, must be signed for the state of North Dakota by the chairman of the board, and must include the following: a. As many optional coverages as deemed feasible and ad…

1. Each department, board, or agency shall pay to the board each month from its funds appropriated for payroll and salary amounts a state contribution in the amount as determined by the primary carrier of the group contract for the full single rate monthly premium for each of its…

The funds necessary to pay the consulting fees and health insurance benefits related to the uniform group insurance program are hereby appropriated from insurance premiums received by the board.

Each eligible employee enrolled in the uniform group insurance program may elect to include that person's spouse and all qualified dependents, as provided for in the plan, within the hospital benefits coverage and medical benefits coverage, the state to pay the cost of such cover…

It is the responsibility of the board to account for and disburse premium payments, maintain records, prepare reports, and to perform such other functions as may be necessary to carry out the provisions of this chapter. The board may promulgate such rules and regulations as may b…

Each department, board, or agency shall keep such records, make such certifications, and furnish the board or carriers with such information and reports as may be necessary to enable the board or carriers to carry out their functions under the provisions of this chapter. Carriers…

Upon request by a political subdivision that receives benefits under the uniform group insurance program, the board shall provide that political subdivision with a health insurance utilization report that is substantively the same as a report required under subsection 1 of sectio…

All premiums, consideration for annuities, policy fees, and membership fees collected under this chapter are exempt from the tax payable pursuant to section 26.1-03-17.

In addition to the confidentiality requirements in section 26.1-36-12.4, information pertaining to an eligible employee's group medical records for claims, employee premium payments made, salary reduction amounts taken, history of any available insurance coverage purchased, and a…

The board shall provide for issuance of uniform prescription drug cards under a contract for insurance pursuant to section 54-52.1-04 or under a self-insurance plan pursuant to section 54-52.1-04.2 in the same manner as provided under section 26.1-36-43.

The board shall develop an employer-based wellness program. The program must encourage employers to adopt a board-developed wellness program by either charging extra health insurance premium to nonparticipating employers or reducing premium for participating employers. 54-52.1-15…

The state or any county, city, or other political subdivision may, by contract, agree with any employee to defer, in whole or in part, any portion of that employee's compensation and may subsequently, with the consent of the employee, fund a deferred compensation program for the …

The public employees retirement board, acting on behalf of each state agency, department, board, commission, or institution, may enter into contractual agreements with employees of a state agency, department, board, commission, or institution on behalf of the state to defer any p…

The administration of the deferred compensation program for each state agency, department, board, commission, or institution is under the direction of the public employees retirement board. Each county, city, or other political subdivision shall designate an officer to administer…

Repealed by S.L. 1987, ch. 653, § 5. 54-52.2-03.2. Deferred compensation program - Board authority - Provider information. 1. The board shall adopt rules necessary to implement this chapter and to manage the deferred compensation plan subject to the limitations of this chapter. 2…

1. A participating member shall pay the administrative expenses of the plan in a manner determined by the board. The board: a. Or a vendor retained by the board, may charge reasonable administrative expenses and deduct those expenses from a participating member's account in the d…

For the purpose of this chapter, "employee" means any person, whether appointed, elected, or under contract, employed by the state or a political subdivision, who is at least eighteen years of age and employed in an approved and regularly funded position of unlimited duration for…

Notwithstanding any other provision of law to the contrary, those persons designated to administer the deferred compensation program are hereby authorized to make payments or investments under the deferred compensation program as specified by the employee in accordance with secti…

The financial liability of the state, county, city, or other political subdivision under a deferred compensation program is limited in each instance to the value of the employee's deferred compensation account, and the state, county, city, or other political subdivision is not re…

Employer contributions to the deferred compensation program established under this chapter are authorized as permitted under the Internal Revenue Code.

An employee who first participated in the defined contribution retirement plan under chapter 54-52.6 after December 31, 2024, who elects to contribute less than the optional three percent of wages or salary under subdivision b of subsection 1 of section 54-52.6-09, who participat…

The public employees retirement system board may establish a pretax benefits program for all state employees and employees of district health units, including members of the legislative assembly, under which an employee may reduce the employee's salary and elect benefits to the e…

The board shall determine benefits to be offered under the pretax benefits program, accept proposals from qualified providers, retain consultants, and do all things necessary to administer the pretax benefits program and preserve its tax-exempt status. 54-52.3-03. Employer saving…

Any records and information pertaining to a public employee's medical and dependent care reimbursement under the pretax benefits program are confidential and are not public records subject to section 44-04-18 and section 6 of article XI of the Constitution of North Dakota. The re…

All moneys collected pursuant to elections made by public employees under the pretax benefits program for the medical spending account and the dependent care account must be deposited in an account with the Bank of North Dakota. All moneys deposited in the account, not otherwise …

As used in this chapter, unless the context otherwise requires: 1. "Child" means a child by birth, an adopted or foster child, a stepchild, or a legal ward, who is: a. Less than eighteen years of age; or b. More than seventeen years of age and incapable of providing self-care bec…

1. An employer shall grant an employee's request for a family leave of absence for any of the following reasons: a. To care for the employee's child by birth, if the leave concludes within twelve months of the child's birth. b. To care for a child placed with the employee, by a c…

1. If an employee intends to take family leave for the reasons specified in subdivision a or b of subsection 1 of section 54-52.4-02, the employee, in a reasonable and practicable manner, shall give the employer advance notice of the expected birth or placement. 2. If an employee…

During a period that an employee takes family leave, the employer shall continue to make any group health insurance coverage or health care plan for its employees and their dependents available to the employee and the employee's dependents under the conditions that applied immedi…

1. When an employee returns from family leave the employer shall immediately place the employee in an employment position as follows: a. If the employment position the employee held immediately before the family leave began is vacant, in that position. b. If the employment positi…

No person may interfere with, restrain, or deny the exercise of any right provided under this chapter. In addition to any remedies otherwise provided by law, any person injured by a violation of this chapter has a claim for relief to recover any damages, together with costs and d…

1. This chapter does not prohibit an employer from providing employees with rights to family leave which are more generous to the employee than the rights provided by this chapter. 2. This chapter does not limit or diminish an employee's rights or benefits under chapters 52-01 th…

This chapter first applies, with respect to any employee covered by a collective bargaining agreement on January 1, 1990, on the day after that collective bargaining agreement expires or is extended or renewed.

The state retirement and investment office is created to coordinate the activities of the state investment board and teachers' fund for retirement.

The state investment board shall govern the state retirement and investment office. The state investment board is responsible for overseeing and operating the agency and may do all things necessary to coordinate the activities of the state investment board and the teachers' fund …

A special fund known as the "state retirement and investment fund" is established for the purpose of defraying administrative expenses of the state retirement and investment office. The actual amount of administrative expenses incurred by the state retirement and investment offic…

The state retirement and investment office may develop an incentive compensation program for full-time equivalent investment and fiscal operations positions necessary for the management of the investment of funds under the control of the state investment board. The program must p…

As used in this chapter, unless the context otherwise requires: 1. "Board" means the public employees retirement system board. 2. "Deferred member" means an individual who elected to receive deferred vested retirement benefits under chapter 54-52. 3. "Eligible employee", for empl…

1. The board shall provide an opportunity for each eligible employee who is a member of the public employees retirement system on September 30, 2001, and who has not made a written election under this section to transfer to the defined contribution retirement plan before October …

1. Except as otherwise provided under section 54-52-02.5 or 54-52-02.15 or this chapter, effective January 1, 2025, an eligible employee who is first enrolled shall participate in the defined contribution retirement plan under this chapter. 2. A temporary employee may elect to pa…

(Retroactive application - See note) 1. As used in this section, "eligible employee" means a permanent employee of a state entity that as of January 1, 2025, receives budgetary approval from the legislative assembly, who on December 31, 2024, is a participating member of the publ…

1. For an individual who elects under section 54-52.6-02 to terminate membership in the public employees retirement system under chapter 54-52, the board shall transfer a lump sum amount from the retirement fund to the participating member's account in the defined contribution re…

1. In this section the term "participating member" is limited in application to a participating member who elected to participate in the defined contribution retirement plan established under this chapter as an active employee of a participating employer, is an actively participa…