Title 52 — Social Security

In the North Dakota unemployment compensation law, unless the context or subject matter otherwise requires: 1. "Annual payroll" means the total amount of taxable wages for employment paid by an employer during a twelve-month period ending on September thirtieth of any calendar ye…

1. Except as otherwise provided in this section, information obtained from any employing unit or individual pursuant to the administration of the North Dakota unemployment compensation law and determinations as to the benefit rights of any individual must be held confidential and…

Any person who has obtained any list of applicants for work, claimants, or recipients of benefits from the bureau under any pretext, who uses or permits the use of such list for any political purpose, is guilty of a class B misdemeanor.

Involuntary unemployment creates a hardship on the unemployed worker and the unemployed worker's family and leads to a state of economic insecurity. Relief from problems of involuntary unemployment imposes a statewide burden of serious consequence to the people of the state of No…

The legislative assembly reserves the right to amend or repeal all or any part of the North Dakota unemployment compensation law at any time and there is no vested private right of any kind against such amendment or repeal. All the rights, privileges, or immunities conferred by t…

Chapters 52-01 through 52-07.1 must be known and may be cited as the "North Dakota unemployment compensation law". Any reference within chapters 52-01, 52-02, 52-03, 52-04, 52-05, and 52-06 by the use of words "this title" are synonymous with and refer only to the North Dakota un…

There is hereby created job service North Dakota which is charged with administering the provisions of the North Dakota unemployment compensation law and the provisions of the North Dakota state employment service, as set forth in chapter 52-08, which must be administered by a fu…

The bureau may adopt, amend, or rescind rules and regulations, make expenditures, require reports, make investigations, and take other action as it deems necessary or suitable in the administration of the North Dakota unemployment compensation law. All rules and regulations are e…

Repealed by S.L. 2009, ch. 441, § 1.

The bureau shall submit a biennial report to the governor and the secretary of state in accordance with section 54-06-04. Whenever the bureau believes that a change in contribution or benefit rates shall become necessary to protect the solvency of the fund, it shall inform the go…

General and special rules may be adopted, amended, or rescinded by the bureau only after public hearing or opportunity to be heard thereon, of which proper notice has been given. General rules become effective ten days after filing with the secretary of state and publication in o…

1. In accordance with chapter 54-44.3 and rules adopted thereunder and on the basis of the authority granted under section 52-02-02, the bureau shall select and prescribe the duties and powers of officers, employees, and other persons as may be necessary in the performance of its…

The bureau through its appropriate divisions, shall take appropriate steps to: 1. Reduce and prevent unemployment. 2. Encourage and assist in the adoption of practical methods of career and technical education training, retraining, and career development counseling. 3. Investigat…

The job service administration fund consists of all money received from the United States, or any agency thereof, and all money received from any other source for administrative and program purposes except for the funds created by sections 52-03-01 and 52-04-22. All moneys accrui…

All moneys in the job service administration fund received from the United States or any agency thereof for the administration of the North Dakota unemployment compensation law, or which may be appropriated by the state for any of the purposes described in the North Dakota unempl…

The state of North Dakota recognizes its obligation to replace, and hereby pledges the faith of this state that funds will be provided in the future and be applied to the replacement of, any moneys received after July 1, 1941, from the social security board under title III of the…

The bureau shall enter into reciprocal arrangements with appropriate and duly authorized agencies of other states or of the federal government or both, by which: 1. Services performed by an individual for a single employing unit, which services customarily are performed in more t…

The state of North Dakota may receive and accept title by general warranty deed to real property which may be acquired under standard legal practices, or combinations thereof, for acquisition of real estate in accordance with the needs and requirements of the particular transacti…

The bureau shall report to the legislative council before March first of each year the actual trust fund balance and the targeted modified average high-cost multiplier, as of December thirty-first of the previous year. In addition, the report must include a projected trust fund b…

The state auditor, upon request of the legislative audit and fiscal review committee, shall cause a performance audit of job service North Dakota to be conducted within twelve months after receipt of the request. The state auditor may appoint an independent audit firm, with exten…

The bureau shall maintain within the unemployment compensation fund the following separate accounts: 1. The clearing account. 2. The unemployment trust fund account. 3. A benefit account. All moneys payable to the fund, upon receipt thereof by the bureau, must be deposited immedi…

Moneys shall be requisitioned from this state's account in the unemployment trust fund solely for the payment of benefits and for refunds pursuant to subdivision f of subsection 18 of section 52-01-01 and section 52-04-14, except that money credited to this state's account pursua…

Reimbursements paid from the fund pursuant to subsection 3 of section 52-02-15 must be deemed to be benefits for the purpose of this chapter and chapter 52-06. The bureau may make to other state or federal agencies, and receive from such other state or federal agencies, reimburse…

The provisions of this chapter, to the extent that they relate to the unemployment trust fund, are operative only as long as such unemployment trust fund continues to exist and as the secretary of the treasury of the United States continues to maintain for this state a separate b…

1. Money credited to the account of this state in the unemployment trust fund by the secretary of the treasury of the United States pursuant to section 903 of the Social Security Act [42 U.S.C. 1103], as amended, may be requisitioned and used for the payment of expenses incurred …

The governor of this state is authorized and directed to apply for an advance to the state unemployment fund from the federal unemployment account in the unemployment trust fund and to accept the responsibility for the repayment of such advance in accordance with the conditions s…

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…