reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-04 - Deferred Compensation Plan for Public Employees › Chapter 71-04-03 - Employee Responsibilities › Section 71-04-03-07 - Distribution of assets

Current through Supplement No. 393, July, 2024
Distribution of assets may be made only upon separation from
				  service as defined in section
				  71-04-01-01, or in accordance with
				  section 71-04-03-05 or
				  71-04-08-01, or as a direct
				  trustee-to-trustee plan transfer to a tax-qualified governmental defined
				  benefit plan (as defined in Internal Revenue Code section 414(d)) for the
				  purchase of permissive service credit (as defined in Internal Revenue Code
				  section 415(n)(3)(A) or a repayment to which Internal Revenue Code section 415
				  does not apply by reason of section 415(k)(3), regardless of whether or not the
				  participant has had a severance from employment, at a time and in a manner
				  prescribed by the board, as set forth in the 457 deferred compensation plan
				  document, and in a manner consistent with section 457(e)(17) of the Internal
				  Revenue Code.
General Authority:
NDCC
					 28-32-02, 54-52-03.2
Law Implemented:
NDCC
					 54-52.2-03,
					 54-52.2-03.2
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-04 - Deferred Compensation Plan for Public Employees › Chapter 71-04-04 - Retirement Board Responsibilities › Section 71-04-04-01 - Enrollment

Current through Supplement No. 393, July, 2024
The board shall design and provide employees with a
				  participant agreement to facilitate the enrollment in the plan. The participant
				  agreement must provide for the collection of all information regarding
				  identification of the employee, starting date of the deduction, the payroll
				  period affected, name of the provider company, and the provider representative.
General Authority: NDCC
					 28-32-02
Law
					 Implemented: NDCC
					 54-52.2-01,
					 54-52.2-02,
					 54-52.2-05
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-04 - Deferred Compensation Plan for Public Employees › Chapter 71-04-04 - Retirement Board Responsibilities › Section 71-04-04-02 - Booklets

Current through Supplement No. 393, July, 2024
The board shall, upon request of the employee, make available
				  a descriptive booklet setting forth the enrollment requirements of the plan,
				  explanation of the deferred compensation plan under section 457 of the Internal
				  Revenue Code, and investment options under the plan.
General Authority: NDCC
					 28-32-02
Law
					 Implemented: NDCC
					 54-52.2-03
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-04 - Deferred Compensation Plan for Public Employees › Chapter 71-04-04 - Retirement Board Responsibilities › Section 71-04-04-03 - Provider agreement

Current through Supplement No. 393, July, 2024
The board shall establish a written provider agreement for
				  the authorization of companies or organizations who offer investment options to
				  public employees. This agreement may include registration and reporting
				  requirements, educational requirements of sales representatives, and
				  limitations of investment options.
General Authority: NDCC
					 28-32-02
Law
					 Implemented: NDCC
					 54-52.2-03
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-04 - Deferred Compensation Plan for Public Employees › Chapter 71-04-04 - Retirement Board Responsibilities › Section 71-04-04-04 - Employer agreement

Current through Supplement No. 393, July, 2024
The board shall establish a written agreement for all
				  employers, other than state departments, agencies, boards, or commissions,
				  which appoint the state to administer their deferred compensation plan. This
				  agreement includes requirement for the employer to adopt the board's rules,
				  employers to make the requested payroll deductions upon proper application by
				  the employee, remit the deductions directly to the board along with a listing
				  of deferred compensation deductions for all employees participating in the
				  plan, submit all provider participant contracts to the board, hold all
				  participant account information as confidential, and notify the board within
				  thirty days of participant's termination of employment.
General Authority: NDCC
					 28-32-02
Law
					 Implemented: NDCC
					 54-52.2-03
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-04 - Deferred Compensation Plan for Public Employees › Chapter 71-04-04 - Retirement Board Responsibilities › Section 71-04-04-05 - Payroll deduction authorization

Current through Supplement No. 393, July, 2024
The office shall make available to the payroll division of
				  each employer direction to begin, modify, or discontinue deductions pursuant to
				  the completed participant agreement as the payroll division's authorization to
				  begin deductions.
General Authority:
NDCC
					 28-32-02
Law Implemented:
NDCC
					 54-52.2-02,
					 54-52.2-03
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-04 - Deferred Compensation Plan for Public Employees › Chapter 71-04-04 - Retirement Board Responsibilities › Section 71-04-04-06 - Participant accounts

Current through Supplement No. 393, July, 2024
The board shall have each provider of investment services
				  establish individual accounts to record the participant's contributions,
				  earnings, and other account activity.
General Authority: NDCC
					 28-32-02
Law
					 Implemented: NDCC
					 54-52.2-03
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-04 - Deferred Compensation Plan for Public Employees › Chapter 71-04-04 - Retirement Board Responsibilities › Section 71-04-04-07 - Separation from service

Current through Supplement No. 393, July, 2024
The board may notify the participant, provider company, and
				  provider representative of the employee's separation from service and
				  eligibility for payment of benefits.
General Authority:
NDCC
					 28-32-02,
					 54-52.2-03.2
Law Implemented:
NDCC
					 54-52.2-03,
					 54-52.2-03.2
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-04 - Deferred Compensation Plan for Public Employees › Chapter 71-04-04 - Retirement Board Responsibilities › Section 71-04-04-08 - Authorization

Current through Supplement No. 393, July, 2024
The executive director or the executive director's designee
				  is authorized to sign all provider agreements, employer agreements, or benefit
				  applications that meet the requirements under article 71-04 and under North
				  Dakota Century Code chapter 54-52.2.
General Authority:
NDCC
					 54-52.2-03.2
Law Implemented:
NDCC
					 54-52.2-01,
					 54-52.2-02,
					 54-52.2-03,
					 54-52.2-03.2
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-04 - Deferred Compensation Plan for Public Employees › Chapter 71-04-04 - Retirement Board Responsibilities › Section 71-04-04-09 - Provider suspension

Current through Supplement No. 393, July, 2024
The board shall suspend a provider that does not meet the
				  requirements under article 71-04 or North Dakota Century Code chapter 54-52.2.
				  The board may apply either of the following two types of suspension:
1.
Loss of active provider status.
Under this type of suspension, the provider may not enroll any new
				participants. The provider may continue to receive contributions from existing
				members.
2.
Loss of provider
				status.
Under this type of suspension, the provider may not enroll any
				new participants nor receive any further contributions from existing members.
At least thirty days prior to suspension, the board shall
				  send a certified letter to the provider indicating the board's intent to
				  suspend and the reasons for the suspension. Any response from the provider must
				  be reviewed by the board at the board's next scheduled meeting. A letter of
				  intent does not need to be sent if the provider fails to meet the requirements
				  of section
				  71-04-06-11. If the board decides
				  to suspend a provider, the board shall send a certified letter of suspension to
				  the provider stating the reasons for the suspension and the type of suspension.
General Authority: NDCC
					 54-52.2-03.2
Law
					 Implemented: NDCC
					 54-52.2-03.2
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-04 - Deferred Compensation Plan for Public Employees › Chapter 71-04-04 - Retirement Board Responsibilities › Section 71-04-04-10 - Processing deductions

Current through Supplement No. 393, July, 2024
The board will process and remit employee deferred
				  compensation deductions to the designated provider company within three
				  business days following receipt in good order of all funds and documentation
				  from the employer
General Authority: NDCC
					 28-32-02
Law
					 Implemented: NDCC
					 54-52.2-03
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-04 - Deferred Compensation Plan for Public Employees › Chapter 71-04-05 - Employer Responsibilities › Section 71-04-05-01 - Employer enrollment

Current through Supplement No. 393, July, 2024
Any employer may extend the benefits of the deferred
				  compensation plan to its employees by agreeing to abide by the deferred
				  compensation plan and rules developed by the retirement board, executing an
				  administrative agreement, and submitting a signed copy of meeting minutes to
				  the employers' governing board, wherein the governing board has appointed the
				  retirement board to administer its deferred compensation plan.
General Authority: NDCC
					 28-32-02
Law
					 Implemented: NDCC
					 54-52.2-03
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-04 - Deferred Compensation Plan for Public Employees › Chapter 71-04-05 - Employer Responsibilities › Section 71-04-05-02 - Payroll deductions

Current through Supplement No. 393, July, 2024
The employer shall authorize employee payroll deductions only
				  after receiving notification from the office. The participant agreement must
				  indicate the date the payroll deduction is to start, the provider, and the
				  contribution amount. Payroll deductions must be remitted to the office within
				  ten days after each payroll period. Along with each payment, the employer must
				  provide the office with a listing of deferred compensation deductions for all
				  employees participating in the deferred compensation plan using the deferred
				  compensation transmittal of deduction form or the approved electronic
				  format.
General Authority:
NDCC
					 28-32-02, 54-52-03.2
Law Implemented:
NDCC
					 54-52.2-02
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-04 - Deferred Compensation Plan for Public Employees › Chapter 71-04-05 - Employer Responsibilities › Section 71-04-05-04 - Providers

Current through Supplement No. 393, July, 2024
The employer shall authorize payroll deductions in the
				  deferred compensation plan only for providers authorized by the retirement
				  board. The retirement board will supply a listing of all authorized providers
				  to the employer.
General Authority: NDCC
					 28-32-02
Law
					 Implemented: NDCC
					 54-52.2-03
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-04 - Deferred Compensation Plan for Public Employees › Chapter 71-04-05 - Employer Responsibilities › Section 71-04-05-05 - Contracts

Current through Supplement No. 393, July, 2024
All contracts between the provider and the employee must be
				  delivered to the retirement board for safekeeping.
General Authority: NDCC
					 28-32-02
Law
					 Implemented: NDCC
					 54-52.2-03
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-04 - Deferred Compensation Plan for Public Employees › Chapter 71-04-05 - Employer Responsibilities › Section 71-04-05-06 - Separation from service notice

Current through Supplement No. 393, July, 2024
The employer shall notify the office within thirty days of an
				  employee's separation from service. The office may then notify the former
				  employee's provider of the employee separation from service and eligibility for
				  payment options under the plan.
General Authority:
NDCC
					 28-32-02,
					 54-52.2-03.2
Law Implemented:
NDCC
					 54-52.2-03,
					 54-52.2-03.2
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-04 - Deferred Compensation Plan for Public Employees › Chapter 71-04-05 - Employer Responsibilities › Section 71-04-05-08 - Employer participation termination

Current through Supplement No. 393, July, 2024
The employer may terminate participation in the deferred
				  compensation plan by first giving sixty days' written notice to the retirement
				  board of the employer's intent to terminate. The participants in the plan must
				  be considered to have terminated from the plan as of the date the employer
				  terminates participation in the deferred compensation plan. Deferral of
				  benefits must stop and benefits must be made payable as provided in sections
				  71-04-03-06 and 71-04-07-01.
General Authority: NDCC
					 28-32-02
Law
					 Implemented: NDCC
					 54-52.2-03
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-04 - Deferred Compensation Plan for Public Employees › Chapter 71-04-06 - Provider Responsibilities › Section 71-04-06-01 - Application

Current through Supplement No. 393, July, 2024
Those ?rms desiring to offer investment services for the
				  deferred compensation plan shall ?rst notify the board, in writing, of the
				  ?rms' willingness to become a provider.
General Authority: NDCC
					 28-32-02
Law
					 Implemented: NDCC
					 54-52.2-03
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-04 - Deferred Compensation Plan for Public Employees › Chapter 71-04-06 - Provider Responsibilities › Section 71-04-06-02 - Administrative agreement

Current through Supplement No. 393, July, 2024
Firms expressing a desire to become a provider of investment
				  services under the deferred compensation plan must agree to all provisions and
				  sign the board's administrative agreement. The administrative agreement sets
				  forth the responsibilities of the provider to the plan, the board, and the
				  employee and stipulates that the provider abide by the plan and rules and
				  regulations adopted by the board for the administration of the plan.
General Authority: NDCC
					 28-32-02
Law
					 Implemented: NDCC
					 54-52.2-03
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-04 - Deferred Compensation Plan for Public Employees › Chapter 71-04-06 - Provider Responsibilities › Section 71-04-06-03 - Sales representatives

Current through Supplement No. 393, July, 2024
All sales representatives of the provider approved by the
				  board to solicit employees must be fully trained to explain the various
				  investment options available through the provider, be able to explain what the
				  deferred compensation program is as found under section 457 of the Internal
				  Revenue Code, and be licensed with the North Dakota state securities
				  commissioner for the sale of registered or unregistered securities or the North
				  Dakota state insurance commissioner for the sale of insurance contracts or
				  policies, or both.
General Authority: NDCC
					 28-32-02
Law
					 Implemented: NDCC
					 54-52.2-03
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-04 - Deferred Compensation Plan for Public Employees › Chapter 71-04-06 - Provider Responsibilities › Section 71-04-06-04 - Listing of investment options

Current through Supplement No. 393, July, 2024
Each provider shall provide a listing of the investment
				  options offered to employees. The listing must be attached to the
				  administrative agreement.
General Authority: NDCC
					 28-32-02
Law
					 Implemented: NDCC
					 54-52.2-03
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-04 - Deferred Compensation Plan for Public Employees › Chapter 71-04-06 - Provider Responsibilities › Section 71-04-06-05 - Employee statements

Current through Supplement No. 393, July, 2024
Participants in the provider's investment options shall
				  receive, at least quarterly, account statements, sent to their home address,
				  detailing each participant's activity and account balance.
General Authority: NDCC
					 28-32-02,
					 54-52.2-03.2
Law
					 Implemented: NDCC
					 54-52.2-03,
					 54-52.2-03.2
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-04 - Deferred Compensation Plan for Public Employees › Chapter 71-04-06 - Provider Responsibilities › Section 71-04-06-06 - Retirement board report

Current through Supplement No. 393, July, 2024
The provider shall deliver quarterly reports, in an approved
				  electronic format, to the board detailing the activity of each participant's
				  account. The quarterly report must be delivered within thirty days of the end
				  of each calendar quarter and must include an alphabetical listing of the
				  participants, social security numbers of the participants, the provider's
				  contract number for the participants (if any), type of account for each
				  participant, beginning account balance forwarded from the previous reporting
				  period, contributions made by the participants for the current reporting
				  period, transfers and rollovers from other eligible plans during the reporting
				  period, investment earnings or losses added to the account (if any for the
				  reporting period), any withdrawals made during the reporting period,
				  administrative charges assessed against the account during the reporting
				  period, transfers and direct rollovers to other eligible plans during the
				  reporting period, and the account balance at the end of the reporting period.
				  The report columns must be totaled. The quarterly report must include active,
				  inactive, and accounts in payout status, with the exception of accounts which
				  have been annuitized, and be for all payroll divisions for the plan.
General Authority: NDCC
					 28-32-02,
					 54-52.2-03.2
Law
					 Implemented: NDCC
					 54-52.2-03,
					 54-52.2-03.2
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-04 - Deferred Compensation Plan for Public Employees › Chapter 71-04-06 - Provider Responsibilities › Section 71-04-06-07 - Account transfer

Current through Supplement No. 393, July, 2024
The provider shall allow any participant who so requests, the
				  ability to transfer the participant's account to another provider on a tax-free
				  basis. The request to the provider must be made in writing by the board or its
				  designated representative. The transfer must be made within thirty days of the
				  provider's receipt of the transfer request.
General Authority: NDCC
					 28-32-02,
					 54-52.2-03.2
Law
					 Implemented: NDCC
					 54-52.2-03
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-04 - Deferred Compensation Plan for Public Employees › Chapter 71-04-06 - Provider Responsibilities › Section 71-04-06-08 - Benefit requests

Current through Supplement No. 393, July, 2024
The provider shall honor all requests for benefit or refund
				  payments made upon notification of the employee's separation from service by
				  the board.
General Authority: NDCC
					 28-32-02
Law
					 Implemented: NDCC
					 54-52.2-03
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-04 - Deferred Compensation Plan for Public Employees › Chapter 71-04-06 - Provider Responsibilities › Section 71-04-06-09 - Benefit payments

Current through Supplement No. 393, July, 2024
The provider shall make benefit payments to the participant
				  in the manner designated by the participant.
General Authority: NDCC
					 28-32-02
Law
					 Implemented: NDCC
					 54-52.2-03
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-04 - Deferred Compensation Plan for Public Employees › Chapter 71-04-06 - Provider Responsibilities › Section 71-04-06-10 - Income tax withholding

Current through Supplement No. 393, July, 2024
The provider shall allow for the withholding of federal and
				  state income taxes from the benefit payments and file the required reports of
				  the withholdings with the appropriate federal and state agencies.
General Authority: NDCC
					 28-32-02
Law
					 Implemented: NDCC
					 54-52.2-03
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-04 - Deferred Compensation Plan for Public Employees › Chapter 71-04-06 - Provider Responsibilities › Section 71-04-06-11 - Provider reporting failure - Penalty

Current through Supplement No. 393, July, 2024
Should the provider fail to deliver the required report
				  within a thirty-day period beyond the end of the reporting period, notice must
				  be given by certified mail of the provider's failure to comply. The provider
				  shall then have thirty days from the date of the certified letter to comply
				  with the reporting requirement. If the provider fails to deliver the required
				  report within the thirty-day period, the provider is in violation of the
				  administrative agreement and shall lose active provider status as described
				  under subsection 1 of section
				  71-04-04-09. If the provider has
				  not filed the report within ninety days after the end of the reporting period,
				  the provider shall lose provider status as described under subsection 2 of
				  section 71-04-04-09. Loss of provider
				  status results in all current contributions of active participants being
				  suspended effective in the next payroll cycle. The board will notify all
				  participants of the company's failure to deliver the required reports. Current
				  participants will be required to either select a new provider for future
				  contributions, or have their account go into a dormant status with the company
				  losing provider status. The board will then terminate the agreement with the
				  provider.
General Authority: NDCC
					 28-32-02,
					 54-52.2-03.2
Law
					 Implemented: NDCC
					 54-52.2-03,
					 54-52.2-03.2
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-04 - Deferred Compensation Plan for Public Employees › Chapter 71-04-06 - Provider Responsibilities › Section 71-04-06-12 - Provider suspension - Employee account transfers

Current through Supplement No. 393, July, 2024
Should the provider be in violation of the administrative
				  agreement, employees shall have the option of transferring their individual
				  accounts to another qualified provider. The employee shall also have the option
				  of leaving the account with the provider until the employee is eligible for a
				  distributable event.
General Authority: NDCC
					 28-32-02,
					 54-52.2-03.2
Law
					 Implemented: NDCC
					 54-52.2-03,
					 54-52.2-03.2
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-04 - Deferred Compensation Plan for Public Employees › Chapter 71-04-06 - Provider Responsibilities › Section 71-04-06-13 - Dormant accounts

Current through Supplement No. 393, July, 2024
The employee may elect to leave the employee's account with
				  the provider after separation from service.
General Authority: NDCC
					 28-32-02,
					 54-52.2-03.2
Law
					 Implemented: NDCC
					 54-52.2-03
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-04 - Deferred Compensation Plan for Public Employees › Chapter 71-04-06 - Provider Responsibilities › Section 71-04-06-14 - Product disclosure

Current through Supplement No. 393, July, 2024
The provider shall report annually in a form and manner
				  specified by the board such information the board may require related to the
				  provider's investment products. Should the provider fail to deliver the
				  required report within a sixty-day period following the date of request, the
				  provider is in violation of the administrative agreement and subject to the
				  action set forth in section
				  71-04-04-09.
General Authority: NDCC
					 54-52.2-03.2
Law
					 Implemented: NDCC
					 54-52.2-03.2
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-04 - Deferred Compensation Plan for Public Employees › Chapter 71-04-08 - Qualified Domestic Relations Orders › Section 71-04-08-01 - Payment in accordance with qualified domestic relations orders

Current through Supplement No. 393, July, 2024
Retirement moneys must be paid in accordance with any
				  qualified domestic relations order issued in compliance with North Dakota
				  Century Code section
				  54-52.2-03.3.
General Authority: NDCC
					 28-32-02,
					 54-52.2-03.2
Law
					 Implemented: NDCC
					 54-52.2-03.3
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-04 - Deferred Compensation Plan for Public Employees › Chapter 71-04-08 - Qualified Domestic Relations Orders › Section 71-04-08-02 - Qualified domestic relations orders procedures

Current through Supplement No. 393, July, 2024
1. Upon receipt of a proposed domestic
				relations order, the executive director shall:
a. Send an initial notice to each person
				named therein, including the member and the alternate payee named in the order,
				with an explanation of the procedures followed by the fund.
b. Order the funds to which the alternate
				payee would be entitled by direction of the order segregated, if those funds
				are ascertainable from the proposed order.
c. Review the domestic relations order to
				determine if it is a qualified order as established by the model language
				format specified by the board.
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-04 - Deferred Compensation Plan for Public Employees › Chapter 71-04-09 - Uniform Services Employment and Reemployment Rights Act › Section 71-04-09-01 - Eligibility requirements

Current through Supplement No. 393, July, 2024
To be eligible to make up contributions to the 457 deferred
				  compensation plan for missed contributions during military time under this
				  chapter, a veteran must have had an interruption of the veteran's employment
				  and been discharged under honorable conditions.
General Authority: NDCC
					 54-52-04,
					 54-52.6-04
Law
					 Implemented: NDCC
					 54-52.6-09.3
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-04 - Deferred Compensation Plan for Public Employees › Chapter 71-04-09 - Uniform Services Employment and Reemployment Rights Act › Section 71-04-09-02 - Documentation requirements

Current through Supplement No. 393, July, 2024
The burden of proof will be on the member for providing
				  documentation necessary to determine what military time is eligible for makeup
				  contributions. At a minimum, the following documentation is required:
1. The member must provide a legible copy of
				military discharge papers (DD214, DD215, or NGB22).
2. The member must provide proof of the last
				day of employment prior to reporting for active duty and the first day of
				employment following the return from active duty. This information must be
				certified by the authorized agent of the employing agency using a record of
				previous service or notice of change form if returning from leave of absence.
3. Members who elect to contribute
				missed contributions for military time must submit a completed missed
				contributions agreement.
General Authority: NDCC
					 54-52-04
Law
					 Implemented: NDCC
					 54-52.6-09.3
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-04 - Deferred Compensation Plan for Public Employees › Chapter 71-04-09 - Uniform Services Employment and Reemployment Rights Act › Section 71-04-09-03 - Payment

Current through Supplement No. 393, July, 2024
The payment for missed contributions for eligible military
				  service under the deferred compensation plan may be paid in a lump sum or in
				  installments pursuant to the rules established under section
				  71-04-05-02.
General Authority: NDCC
					 54-52.2-04,
					 54-52.6-04
Law
					 Implemented: NDCC
					 54-52.6-09.3
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-04 - Deferred Compensation Plan for Public Employees › Chapter 71-04-09 - Uniform Services Employment and Reemployment Rights Act › Section 71-04-09-04 - Recording of missed contributions

Current through Supplement No. 393, July, 2024
To determine eligibility for vesting of employer
				  contributions pursuant to North Dakota Century Code section
				  54-52-11.1, payments for missed
				  contributions during military time under this chapter will be allocated to each
				  month, beginning with the first month of missed contributions. Vested employer
				  contributions will then be calculated pursuant to North Dakota Century Code
				  section 54-52-11.1.
General Authority: NDCC
					 54-52-04,
					 54-52.6-04
Law
					 Implemented: NDCC
					 54-52.6-09.3
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-05 - Highway Patrol Retirement System › Chapter 71-05-01 - Definitions › Section 71-05-01-01 - Definitions

Current through Supplement No. 393, July, 2024
As used in North Dakota Century Code chapter 39-03.1:
1. "Actuarial equivalent" means a benefit
				calculated to be of equal value to the benefit otherwise payable when computed
				on the basis of assumptions and methods adopted for this purpose by the board
				in a way that precludes employer discretion pursuant to Internal Revenue Code
				section 401(a)(25). Such assumptions and methods adopted by the board, and any
				table of adjustment factors established in accordance with the assumptions and
				methods, shall be incorporated herein by reference.
2. "Covered employment" means employment with
				the North Dakota highway patrol.
3.
				"Medical examination" means an examination conducted by a doctor licensed to
				practice in North Dakota that includes a diagnosis of the disability, the
				treatment being provided for the disability, the prognosis and classification
				of the disability, and a statement indicating how the disability prevents the
				individual from performing the duties of a highway patrolman.
4. "Normal retirement age" means age
				fifty-five except as otherwise provided.
5. "Office" means the administrative office
				of the public employees retirement system.
6. "Overtime" as used in subsection 23 of
				North Dakota Century Code section 39-03.1-01 means any hours worked over an
				employee's regularly scheduled work period. Whether paid at the regular hourly
				rate or one and one-half times the regular rate, overtime is to be excluded as
				reportable retirement contributions.
7. "Permanent and total disability" means the
				inability to engage in any substantial gainful activity by reason of any
				medically determinable physical or mental impairment which can be expected to
				result in death or has lasted or can be expected to last for a continuous
				period of not less than twelve months.
8. "Plan administrator" means the executive
				director of the North Dakota public employees retirement system.
9. "Substantial gainful activity" is to be
				based upon the totality of the circumstances, including consideration of an
				individual's training, education, and experience; an individual's potential for
				earning at least seventy percent of the individual's predisability earnings;
				and other items deemed significant on a case-by-case basis. Eligibility is
				based on an individual's employability and not actual employment
				status.
General Authority:
NDCC 39-03.1-06
Law Implemented:
NDCC 39-03.1
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-05 - Highway Patrol Retirement System › Chapter 71-05-02 - Disability › Section 71-05-02-01 - Disability retirement eligibility

Current through Supplement No. 393, July, 2024
A member of the highway patrol retirement system, who has
				  completed at least one hundred eighty days of employment, is eligible for
				  disability retirement benefits if the member became permanently and totally
				  disabled during the period of covered employment and otherwise complies with
				  section 71-05-02-02. A member eligible for
				  normal retirement date shall receive the normal retirement benefit if it
				  exceeds the disability retirement benefit.
General Authority: NDCC
					 39-03.1-06,
					 39-03.1-11
Law
					 Implemented: NDCC
					 39-03.1-11
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-05 - Highway Patrol Retirement System › Chapter 71-05-02 - Disability › Section 71-05-02-01.1 - Conditions for changing to a disability retirement benefit from an early reduced retirement benefit

Current through Supplement No. 393, July, 2024
A member may elect to start receiving an early reduced
				  retirement benefit, should the member be eligible to do so, pending a
				  disability determination or appeal. During this period, the member's account
				  will be handled in the same manner as all early reduced retirement benefits.
				  Upon receiving a disability determination, interest accrual on the member's
				  account shall resume beginning the first of the month following notice of the
				  determination, continuing to accrue on the annuitant's accumulated contribution
				  until the annuitant reaches the annuitant's normal retirement date. The
				  disability benefit will be calculated and a differential payment made
				  retroactive to the first day of the month following the member's termination
				  from covered employment.
General Authority: NDCC
					 39-03.1-06,
					 39-03.1-11
Law
					 Implemented: NDCC
					 39-03.1-11
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-05 - Highway Patrol Retirement System › Chapter 71-05-02 - Disability › Section 71-05-02-02 - Determination of disability - Procedures

Current through Supplement No. 393, July, 2024
1.
Application.
a. Application for disability benefits must
				be made within one year from the last date of covered employment on the form
				provided by the plan administrator.
b. If the member is unable or unwilling to
				file an application, the member's employer or legal representative may file the
				member's disability application.
c. The application must explain the cause of
				the disability, the limitations caused by the disability, the treatment being
				followed, and the effect of the disability on the individual's ability to be
				engaged in any gainful occupation for which the person is, or could become,
				reasonably fitted by education, training, or experience.
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-05 - Highway Patrol Retirement System › Chapter 71-05-02 - Disability › Section 71-05-02-04 - Optional benefits

Current through Supplement No. 393, July, 2024
An individual deemed eligible for a disability benefit may
				  elect, as provided in this section, to receive one of the following optional
				  benefits in lieu of the regular disability benefit.
1.
One hundred percent joint and
				survivor benefit.
A member shall receive an actuarially reduced
				disability retirement benefit as long as the member remains eligible for
				benefits under subdivision d of subsection 3 of North Dakota Century Code
				section 39-03.1-11 and after the member's
				death the same amount will be continued to the member's surviving spouse during
				the spouse's lifetime. The designated beneficiary is limited to the member's
				spouse. Payments of benefits to a member's surviving spouse must be made on the
				first day of each month commencing on the first day of the month following the
				member's death, provided the beneficiary supplies a marriage certificate and
				death certificate and is still living. Benefits must terminate in the month in
				which the death of the beneficiary occurs. If the designated beneficiary
				predeceases the member or, in the event of divorce, the member's benefit must
				be returned to the normal retirement amount. Payment of the normal retirement
				amount must commence on the first day of the month following the spouse's death
				if written notification of death, provided a death certificate has been
				submitted or, in the event of divorce, a photocopy of the divorce decree.
2.
Twenty-year or ten-year
				certain option.
A member may receive the actuarial equivalent of the
				member's normal, early, or deferred vested retirement pension payable for life
				with a twenty-year or ten-year certain feature, as designated by the member.
General Authority: NDCC
					 39-03.1-06,
					 39-03.1-11
Law
					 Implemented: NDCC 39-03.1-11.4(d)
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-05 - Highway Patrol Retirement System › Chapter 71-05-02 - Disability › Section 71-05-02-05 - Interest accrued on accumulated contributions for disabled annuitants

Current through Supplement No. 393, July, 2024
Effective January 1, 1998, interest shall accrue on
				  accumulated contributions as defined in article 71-01 until the disabled
				  annuitant reaches normal retirement age, cancels the benefit in accordance with
				  section 71-05-02-06, the account is closed, or until benefit payments commence
				  to the member's beneficiary.
General Authority: NDCC
					 39-03.1-06,
					 39-03.1-11
Law
					 Implemented: NDCC 39-03.1-11.4(d)
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-05 - Highway Patrol Retirement System › Chapter 71-05-02 - Disability › Section 71 -05-02-06 - Cancellation of disability benefit

Current through Supplement No. 393, July, 2024
When a member receiving a disability benefit attains the
				  member's normal retirement date, that member may elect to terminate that
				  member's disability benefit and draw retirement benefits as specified in North
				  Dakota Century Code section
				  39-03.1-11.
General Authority: NDCC
					 39-03.1-06,
					 39-03.1-11
Law
					 Implemented: NDCC
					 39-03.1-11
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-05 - Highway Patrol Retirement System › Chapter 71-05-03 - Membership › Section 71-05-03-01 - Membership - General rule

Current through Supplement No. 393, July, 2024
Each eligible member of the highway patrol shall become a
				  member of the North Dakota highway patrolmen's retirement system upon filing a
				  membership form with the office, and the beginning of contributions to the
				  fund.
General Authority: NDCC
					 39-03.1-06
Law
					 Implemented: NDCC
					 39-03.1-07
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-05 - Highway Patrol Retirement System › Chapter 71-05-04 - Service Credit › Section 71-05-04-01 - Service credit - General rule

Current through Supplement No. 393, July, 2024
A member receives credit for each month a contribution is
				  made.
General Authority: NDCC
					 39-03.1-06
Law
					 Implemented: NDCC
					 39-03.1-11
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-05 - Highway Patrol Retirement System › Chapter 71-05-04 - Service Credit › Section 71-05-04-02 - Military credit

Current through Supplement No. 393, July, 2024
Eligible service credit may be granted as it pertains to the
				  North Dakota highway patrol retirement system as established in chapter
				  71-02-11.
General Authority: NDCC
					 39-03.1-06
Law
					 Implemented: 38 USC
					 2021 -
					 2026
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-05 - Highway Patrol Retirement System › Chapter 71-05-04 - Service Credit › Section 71-05-04-03 - Repurchase of service credit and purchase of additional service credit

Current through Supplement No. 393, July, 2024
To purchase additional credit or repurchase past service, a
				  contributor must notify the public employees retirement system, in writing, of
				  the service for which the person wishes to receive credit. In addition to the
				  written request, the following information must be submitted, if applicable:
1. Documentation of military service
				by submitting a DD214 or NGB22.
2.
				Certification of approval by the member's employer of any leave of absence and
				length of that leave.
General Authority: NDCC
					 39-03.1-06,
					 39-03.1-10.1,
					 39-03.1-14.1
Law
					 Implemented: NDCC
					 39-03.1-08.1,
					 39-03.1-10.1,
					 39-03.1-14.1
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-05 - Highway Patrol Retirement System › Chapter 71-05-04 - Service Credit › Section 71-05-04-04 - Payment

Current through Supplement No. 393, July, 2024
The total dollar amount for repurchase or purchase may be
				  paid in a lump sum or on a monthly quarterly semiannual, or annual basis.
				  Payments may be subject to contribution limitations established under
				  26 U.S.C.
				  415. Payments must begin within ninety days
				  of the date the written cost confirmation is prepared. If the installment
				  method is used, the following conditions apply:
1. Simple interest at the actuarial rate of
				return must accrue monthly on the unpaid balance. Interest is calculated from
				the fifteenth of each month.
2.
				The installment schedule may extend while the member is employed by the
				participating employer but for no longer than a fifteen-year time period.
3. Installment payments may be
				made by a payroll deduction where available. However, it is the responsibility
				of the contributor to initiate and terminate the payroll deduction.
4. Payments are due by the fifteenth of the
				month to be credited for the month.
5. Payments may only be received from a
				contributor until the fifteenth of the month following the month of the
				member's termination date with a participating employer.
6. Payments must be greater or equal to fifty
				dollars per month, large enough to pay the current interest plus a portion of
				the principal and an amount necessary to complete the payment contract within
				the fifteen-year time period.
General Authority: NDCC
					 39-03.1-06,
					 39-03.1-08.1,
					 39-03.1-10.1,
					 39-03.1-14.1
Law
					 Implemented: NDCC
					 39-03.1-08.1,
					 39-03.1-10.1,
					 39-03.1-14.1
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-05 - Highway Patrol Retirement System › Chapter 71-05-04 - Service Credit › Section 71-05-04-04.1 - Costs

Current through Supplement No. 393, July, 2024
The cost to repurchase service credit must be calculated by
				  applying actuarial factors to the amount of the retirement and retiree health
				  insurance credit being purchased by the contributor or member of an alternative
				  retirement system. The contributor's current age, average salary as calculated
				  under subsection 2 of North Dakota Century Code section
				  39-03.1-11, and current credited
				  service on record with the North Dakota public employees retirement system in
				  the month in which the contributor's written request is received must be used
				  in the cost calculation. The amount of retirement and retiree health insurance
				  credit benefits being purchased must be calculated using the benefit formulas
				  in place at the time the written request is received from the contributor. When
				  calculating the cost, enhancements to the benefit formula must be considered to
				  be in place at the time the law is signed by the governor.
The retirement board must adopt actuarial assumptions
				  necessary to determine the actuarial factors for the cost calculation. The
				  assumptions must be reviewed concurrently with the assumptions for the
				  retirement program.
Upon receipt of the written request from the contributor, a
				  written cost confirmation must be prepared and mailed to the individual. The
				  cost stated in the confirmation letter is valid for a period of ninety days
				  from the date of the letter unless the contributor terminates employment with
				  the employer. If the contributor terminates employment, then the cost stated in
				  the confirmation letter is valid only until the earlier of the end of the
				  ninety-day period or the fifteenth day of the month following the month of
				  termination.
General Authority: NDCC
					 39-03.1-06,
					 39-03.1-10.1,
					 39-03.1-14.1
Law
					 Implemented: NDCC
					 39-03.1-08.1,
					 39-03.1-10.1,
					 39-03.1-14.1
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-05 - Highway Patrol Retirement System › Chapter 71-05-04 - Service Credit › Section 71-05-04-05 - Delinquent payment

Current through Supplement No. 393, July, 2024
If a payment to be made pursuant to section
				  71-05-04-04 is not received within
				  thirty days of the due date, the public employees retirement system shall send
				  a letter to the contributor or member of an alternative retirement system
				  advising the person of the delinquency. If no payment is received within sixty
				  days after the due date, the account must be closed. Payments received on a
				  closed account must be returned to the member. The member may submit written
				  documentation as to the cause for the delinquency to the executive director for
				  review and to request that the purchase contract be reestablished without a new
				  calculation.
General Authority: NDCC
					 39-03.1-06,
					 39-03.1-10.1,
					 39-03.1-14.1
Law
					 Implemented: NDCC
					 39-03.1-08.1,
					 39-03.1-10.1,
					 39-03.1-14.1
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-05 - Highway Patrol Retirement System › Chapter 71-05-04 - Service Credit › Section 71-05-04-06 - Crediting purchased or repurchased service

Current through Supplement No. 393, July, 2024
For each month the system receives a payment toward a
				  purchase contract, the member will earn a proportion of service credit.
General Authority: NDCC
					 39-03.1-06,
					 39-03.1-10.1,
					 39-03.1-14.1
Law
					 Implemented: NDCC
					 39-03.1-08.1,
					 39-03.1-10.1,
					 39-03.1-14.1
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-05 - Highway Patrol Retirement System › Chapter 71-05-04 - Service Credit › Section 71-05-04-07 - Cancellation of credits

Current through Supplement No. 393, July, 2024
If a member terminates service and receives a return of the
				  member's accumulated contributions, service credit for the years of such
				  contributions must be canceled.
General Authority: NDCC
					 39-03.1-06
Law
					 Implemented: NDCC
					 39-03.1-10.1,
					 39-03.1-14.1