Title 1, Government

Reserve Accounts. All assets of the fund shall be credited according to the purposes for which they are held in the following designated reserve accounts: (a) Member’s Contribution Reserve. The amount contributed by the members shall be credited to the member’s contribution reser…

Vested Interest of Members in Fund. Each member shall, by virtue of the payment of contributions to the system, receive a vested interest in the member’s contribution reserve account as provided in other sections of this part, and in consideration of this vested interest shall be…

Rights to Annuity. (a) The right to a retirement annuity, disability annuity, survivor’s annuity or benefit, death benefit, or any other benefit under the provisions of this part, by whatever named called, or the right to refund, is personal with the recipient thereof, and the as…

Time for Payments. (a) Any service retirement annuity, disability retirement annuity, or any other annuity provided herein shall be payable in equal semimonthly installments as life annuities, or as temporary annuities, as the case may be, and shall not be increased, decreased, r…

Obligation of Government: Intent of Law. It is the intention of this part that the payment of required contributions by any government entity shall be an obligation of the government. Source: PL 6-17, ch. 8, § 8384.

Criminal and Civil Penalties. (a) Any person who knowingly makes any false statement, or falsifies or permits to be falsified any record or records of this system, in any attempt to defraud the system, is guilty of a misdemeanor, and upon conviction may be fined not more than $2,…

No Taxation Under Gross Receipts Tax. Annuities shall not be taxable as wages, salaries, or gross receipts for the purpose of any tax imposed by the Commonwealth of the Northern Mariana Islands, other than the territorial income tax. Source: PL 6-17, ch. 8, § 8386.

Withholding of Taxes, Insurance Premiums, and Obligations to the Fund. (a) Notwithstanding any other provision of this part, any taxes required to be withheld pursuant to any applicable Commonwealth law will be withheld from a retired member’s annuity. (b) Notwithstanding any oth…

Underpayment or Nonpayment by Members. Any member who has not paid or who has underpaid his or her employee contribution shall be required to pay to the fund the amount of such unpaid or underpaid contributions in the same manner as is provided for payments for prior service cred…

Overpayment or Underpayment of Benefits. (a) Whenever the administrator finds that more or less than the correct amount of benefits have been paid with respect to any individual, proper adjustment or recovery shall be made by appropriate adjustments to future payments to the memb…

Benefit Consolidation. No member shall be eligible for more than one earned benefit at any one time; provided, however, that nothing in this section shall preclude a member from receiving any survivor benefit in addition to any benefits earned or accrued on their own account. Ann…

Reemployment and Double Dipping. (a) A person who has retired and received retirement benefits from the government of the Northern Mariana Islands shall not be employed by or under an employment or consulting contract with the government of the Northern Mariana Islands or its pub…

Full Pension Retirement Benefits. Notwithstanding any law, regulation, or policy to the contrary, the Retirement Fund shall pay the full pension of retirees and shall not be reduced or recalculated on the basis that the employer contributions, in whole or in part, have not been r…

Sanctions. (a) Any employee found to have violated any of the provisions of this part, or to have furnished false or misleading information to the Public Auditor with the intent to mislead, shall be subject to employment sanctions, including discharge, in accordance with procedur…

Judicial Penalties. Any person found by a court to be guilty of knowingly violating any of the provisions of this part or of furnishing false, misleading or incomplete information to the Public Auditor with the intent to mislead, upon conviction thereof shall be punished by a fin…

Invalid Actions. All Commonwealth contracts shall include a provision requiring compliance with this part. Any contract negotiated, entered into, or performed in violation of any of the provisions of this part shall be voidable as to the Commonwealth. Any permit, license, ruling …

Limitation of Actions. The statute of limitations for bringing an administrative or judicial action pursuant to this chapter shall be five years. Source: PL 8-11, § 1 (§ 8474).

Other Remedies. Nothing in this part shall preclude the Commonwealth from maintaining an action for an accounting for any pecuniary benefit received by any person in violation of this part or other law, or to recover damages for violation of this part. Source: PL 8-11, § 1 (§ 847…

Relationship to Other Laws. The procedures and penalties provided in this part are supplemental and do not limit either the power of the legislature to discipline its own members or the power of any other Commonwealth governmental agency to otherwise discipline officials or emplo…

Sanctions Applicable to Public Auditor. If the Public Auditor knowingly violates 1 CMC §§ 8563 and 8514, he or she shall be subject to the penalties indicated in 1 CMC § 8572. Source: PL 8-11, § 1 (§ 8477), modified. Commission Comment: To enhance clarity, the Commission inserted…

Short Title. This chapter may be cited as the Commonwealth Public Officials Uniform Facsimile Signature Act of 1987. Source: PL 5-30, § 1. Commission Comment: PL 5-30 took effect March 17, 1987. The Uniform Facsimile Signatures of Public Officials Act was approved by the National…

Definitions. As used in this chapter: (a) “Authorized officer” means any official of the Commonwealth government or any of its public corporations whose signature to a public security or instrument of payment is required or permitted by law. (b) “Commonwealth” means the Commonwea…

Use of Facsimile Signature. (a) Any authorized officer, after filing with the Attorney General the manual signature of the authorized officer certified under oath, may execute or cause to be executed with a facsimile signature instead of a manual signature: (1) Any public securit…

Use of Facsimile Seal. (a) When the seal of the Commonwealth of the Northern Mariana Islands or any of its political subdivisions is required in the execution of a public security or instrument of payment, the authorized officer may cause the seal to be printed, engraved, stamped…

Prohibited Acts; Penalties. (a) A person may not use, with intent to defraud, on a public security or an instrument of payment: (1) A facsimile signature, or any reproduction of it, of any authorized officer; or (2) A facsimile seal, or any reproduction of it, of the Commonwealth…

Department of Community and Cultural Affairs. There is in the Commonwealth government a Department of Community and Cultural Affairs to be headed by a Director of Community and Cultural Affairs. Source: PL 1-8, tit. 1, ch. 7, § 1, modified. Commission Comment: Executive Order 94-…

Department of Community and Cultural Affairs: Director: Appointment. The Director of Community and Cultural Affairs shall be appointed by the Governor with the advice and consent of the Senate. Source: PL 1-8, tit. 1, ch. 7, § 2. Commission Comment: With respect to the reference …

Department of Community and Cultural Affairs: Duties. The Department of Community and Cultural Affairs has broad responsibility over the following: (a) Commonwealth functions in the area of social services funded in whole or in part by federal funds, provided that the department …

Department of Community and Cultural Affairs: Rules and Regulations. The Department of Community and Cultural Affairs shall adopt rules and regulations regarding activities over which the department has jurisdiction. Source: PL 1-8, tit. 1, ch. 7, § 4.

Department of Community and Cultural Affairs: Staff. The Department of Community and Cultural Affairs may employ staff as required to assist it in performing its duties, subject to budgetary appropriation. Source: PL 1-8, tit. 1, ch. 7, § 5, modified. Commission Comment: With res…

Division of Youth Services. There is in the Department of Community and Cultural Affairs a Division of Youth Services to be headed by an administrator. Source: PL 2-19, § 2, modified. Commission Comment: PL 2-19 took effect July 28, 1981. With respect to the reference to the “Dep…

Division of Youth Services: Purpose. The purpose of the Division of Youth Services is to plan, coordinate, develop, and implement programs and services designed to provide developmental and rehabilitative services to youth. The division is responsible for the provision of service…

Division of Youth Services: Definitions. (a) “Administrator” means the administrator of the Division of Youth Services. (b) “Delinquent child” means a juvenile who violates any law, ordinance, or regulation of the Commonwealth while under the age of 18; provided, that a juvenile …

Division of Youth Services: Duties and Responsibilities. The division shall: (a) Provide services and programs to the youth of the Commonwealth, including but not limited to recreational services, individual and group counseling, outreach, survival education, employability develo…

Division of Youth Services: Staff. Subject to budgetary appropriation, the Division of Youth Services may employ staff to assist it in performing its duties. Such staff shall be members of the civil service. Source: PL 3-67, § 3 (§ 11), modified.

Division of Youth Services: Grants. The division is hereby authorized to accept gifts, grants, or grants-in-aid from any source. Any funds received through gifts, grants, or grants-in-aid and their source, nature and value shall be separately documented and recorded for accountin…

Separation of Juveniles from Adults. Juveniles assigned to secure care shall be kept apart from adult offenders by at least sight and sound. Source: PL 3-67, § 3 (§ 9).

Access to Information. The division staff shall have access to all official records of the courts, schools, hospital and other public and private agencies, which concern youth who have been referred to the division and for whom the division staff believe it is necessary to conduc…

Designation of Division; Confidential Records; Regulatory Authority. The division shall carry out Commonwealth efforts to strengthen and improve the prevention, identification, and treatment of child abuse, neglect, and sexual molestation. The division shall maintain a confidenti…

Annual Report. The division shall prepare and transmit to the Governor and the legislature an annual report on child abuse, neglect, and sexual molestation. The annual report shall describe the specific measures adopted to implement the provisions of this article, as well as the …

Historic Preservation Office. (a) There is in the Department of Community and Cultural Affairs a Historic Preservation Office, to be headed by a Historic Preservation Officer. The Historic Preservation Officer shall be within the civil service and shall be qualified either by tra…

Historic Preservation Office: Duties. The Historic Preservation Office shall have the duty: (a) To implement the intent of this article and carry out the responsibilities and adhere to standards set forth for state historic preservation officers by the United States National Hist…

Commonwealth Recorder’s Office. (a) There is established within the CNMI Judiciary a Commonwealth Recorder’s Office. The Commonwealth Recorder under the general supervision of the Chief Justice, shall oversee the duties and responsibilities of the Commonwealth Recorder’s Office. …

Indexes: Title or Possession of Land; Content Summary; Marriage Records. (a) The Commonwealth Recorder’s Office shall maintain indexes for land transfers, mortgages, leases, judgments, and decrees affecting real property interests and other indexes as required by court rules. (b)…

Recordation of Documents; Fees. Upon payment of any applicable costs and service fees, any person may record documents with the Commonwealth Recorder’s Office. The Commonwealth Recorder’s Office shall provide public access to and make possible the reproduction of all such records…

Acknowledgment as Condition for Recording. All documents that must be recorded, including transfers, leases exceeding one year, and encumbrances affecting real property, must be acknowledged before a notary public or other office authorized by law to take acknowledgments and admi…