reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 82 - Board of Trustees of the Teachers' Fund for Retirement › Article 82-03 - Participation › Chapter 82-03-01 - Membership in the Fund › Section 82-03-01-08 - Dual membership - Receipt of retirement benefits while contributing to the public employees retirement system or the highway patrolmen's retirement system

Current through Supplement No. 393, July, 2024
1.
			Dual members may select one of the
			following options at retirement
			eligibility:
a.
			Begin receiving retirement benefits
			from one plan prior to ceasing
			employment covered by the alternate
			plan, unless the continued employment
			is with the same employer.
b.
			Begin receiving retirement benefits
			from one plan and begin work in a job
			covered by the alternate plan if for a
			different employer.
c.
			Continue participating as a dual
			member and begin receiving retirement
			benefits from both plans after ceasing
			employment.
North Dakota Administrative Code › Title 82 - Board of Trustees of the Teachers' Fund for Retirement › Article 82-03 - Participation › Chapter 82-03-01 - Membership in the Fund › Section 82-03-01-09 - Employer service purchase

Current through Supplement No. 393, July, 2024
An employer may elect to purchase up to three years of
				  service credit for an active employee. In order to make the purchase, an
				  employer must develop an employer service purchase program as outlined below:
1. The program must be in writing and
				meet all the conditions and member eligibility requirements in North Dakota
				Century Code section
				15-39.1-33.
2. The program must be in compliance with the
				federal Age Discrimination in Employment Act and other federal and state laws.
3. The program must include
				specific guidelines for determining for whom the employer will purchase service
				credit.
4. The employer must not
				give the employee the option of a cash payment in lieu of the employer service
				purchase.
5. The employer must
				certify in writing that the program meets the necessary legal requirements
				prior to making the employer service purchase.
6. The teachers' fund for retirement will
				provide the purchase price amount to the employer.
7. If the service is purchased, the teachers'
				fund for retirement will credit the service to the member.
General Authority: NDCC 15-39.1-07
Law Implemented: NDCC 15-39.1-33
North Dakota Administrative Code › Title 82 - Board of Trustees of the Teachers' Fund for Retirement › Article 82-03 - Participation › Chapter 82-03-01 - Membership in the Fund › Section 82-03-01-10 - Veteran's exemption - Proof of qualified military retirement

Current through Supplement No. 393, July, 2024
A teacher applying for an exemption to membership in the
				  teachers' fund for retirement for retired military personnel shall provide
				  proof of at least twenty years of service in any branch of the armed forces of
				  the United States on full-time active duty and proof of retirement with full
				  military retirement benefits. The following documents are accepted as proof of
				  service and proof of military retirement benefits: military record of service,
				  commonly referred to as OD214.
General Authority:
NDCC 15-39.1-07
Law Implemented:
NDCC
					 15-39.1-19.3
North Dakota Administrative Code › Title 82 - Board of Trustees of the Teachers' Fund for Retirement › Article 82-04 - Contributions › Chapter 82-04-01 - Contributions › Section 82-04-01-01 - Employer contributions and member contributions

Current through Supplement No. 393, July, 2024
Employer and member contributions must be paid to the fund
				  administrative office by the fifteenth day of the month following collection of
				  the member contributions.
General Authority: NDCC 15-39.1-07
Law Implemented: NDCC 15-39.1-09
North Dakota Administrative Code › Title 82 - Board of Trustees of the Teachers' Fund for Retirement › Article 82-04 - Contributions › Chapter 82-04-01 - Contributions › Section 82-04-01-02 - Employer payment of member contributions

Current through Supplement No. 393, July, 2024
Section 414(h) of the internal Revenue Code of 1986, as
				  amended, allows the employer to pay its employees' contributions to a
				  retirement plan. A participating employer that elects to pay the member
				  contributions may reduce the members' current salaries or offset future salary
				  increases by an amount equal to the member contributions paid by the employer.
				  Employer payment of member contributions to the fund is allowed only if the
				  following conditions are satisfied:
1. The participating employer must specify in
				writing that the contributions are being paid by the employer in lieu of
				contributions paid by the member
2. Members must not have the option of
				choosing to receive the contributed amounts directly instead of having them
				paid by the participating employer to the retirement fund.
3. All members of a participating employer
				must be covered by the plan for employer payment of member contributions.
4. All members covered under such
				a plan must be treated equally.
5.
				The participating employer's plan to pay member contributions must comply with
				the fund's "plan for employer payment of member contributions to the fund" or
				other instructions prepared by the fund.
6. Eligible salary and member and employer
				contributions paid by the participating employer must be certified by the
				disbursing official on the required fund reports.
7. Participating employers implementing the
				plan must report the payment of member contributions to the fund on forms
				provided by the fund. The employer payment plan must be implemented at the
				beginning of the fiscal year. The employer payment plan will remain in effect
				until a notice of cancellation or a new form is filed with the fund.
8. Participating employers must file a new
				employer payment plan form if:
a. The
				employer changes the model or amount of member contributions paid.
b. The legislative assembly approves a change
				to the contribution rate.
c. The
				teachers' fund for retirement board changes the models.
North Dakota Administrative Code › Title 82 - Board of Trustees of the Teachers' Fund for Retirement › Article 82-04 - Contributions › Chapter 82-04-01 - Contributions › Section 82-04-01-03 - Taxation of contributions and benefits

Current through Supplement No. 393, July, 2024
Contributions to the fund by participating employers are not
				  subject to taxation as income or wages under state or federal law. Benefits
				  paid by the fund to a member are subject to taxation as income under state and
				  federal law when distributed.
General Authority: NDCC 15-39.1-07
Law Implemented: NDCC 15-39.1-07, 15-39.1-09(2), 21-10-07
North Dakota Administrative Code › Title 82 - Board of Trustees of the Teachers' Fund for Retirement › Article 82-04 - Contributions › Chapter 82-04-01 - Contributions › Section 82-04-01-04 - Rollover contributions permitted for service purchases

Current through Supplement No. 393, July, 2024
Teachers are permitted to roll over or transfer to the fund
				  any tax-deferred moneys from other eligible retirement plans that meet the
				  requirements of IRC section 402(c) to repurchase refunded service credit and to
				  purchase additional service credit.
The amount rolled over or transferred to TFFR cannot exceed
				  the cost of the credit to be purchased. The transferring trustee or custodian
				  and the teacher must complete authorization forms provided by the fund prior to
				  transfer or rollover. Copies of the original distribution paperwork must be
				  submitted with rollover funds received from a member.
General Authority: NDCC 15-39.1-07
Law Implemented: NDCC 15-39.1-24(11)
North Dakota Administrative Code › Title 82 - Board of Trustees of the Teachers' Fund for Retirement › Article 82-04 - Contributions › Chapter 82-04-02 - Eligible Salary Determinations › Section 82-04-02-01 - Criteria for eligible salary determinations

Current through Supplement No. 393, July, 2024
The teachers' fund for retirement board will consider the
				  following criteria and documentation to determine whether benefits or payments
				  made to a teachers' fund for retirement member is eligible retirement salary as
				  authorized in subsection 9 of North Dakota Century Code section
				  15-39.1-04:
1. Written authorization made in advance of
				payment. Examples include:
a. Master contract
				or negotiated agreement.
b.
				Individual employment contract.
c.
				Written agreement between employee and employer.
d. Minutes of school board or participating
				employer.
e. Policy of school
				board or participating employer,
f.
				Other information the board deems relevant.
North Dakota Administrative Code › Title 82 - Board of Trustees of the Teachers' Fund for Retirement › Article 82-05 - Retirement Benefits › Chapter 82-05-01 - Procedural Requirements › Section 82-05-01-01 - Application for benefits

Current through Supplement No. 393, July, 2024
A member or beneficiary must make written application for
				  benefits on enrollment forms provided by the fund before benefits can be paid.
				  The enrollment form must be signed by the member or beneficiary and notarized
				  or witnessed by a plan representative. The form of payment option selected may
				  not be changed after the first benefit payment has been accepted by the member
				  or beneficiary except as allowed under sections
				  82-05-01-03 and
				  82-05-02-02. If the member dies
				  before accepting the first benefit payment, the member's beneficiary is
				  eligible for death benefits the first day of the month following the member's
				  death.
Retirement benefits may not be issued to a member who has
				  terminated a teaching position only for the summer months or for a leave of
				  absence.
General Authority:
NDCC 15-39.1-07
Law Implemented:
NDCC 15-39.1-10,
					 15-39.1-17
North Dakota Administrative Code › Title 82 - Board of Trustees of the Teachers' Fund for Retirement › Article 82-05 - Retirement Benefits › Chapter 82-05-01 - Procedural Requirements › Section 82-05-01-02 - Proof of age

Current through Supplement No. 393, July, 2024
A teacher applying for a retirement benefit and each
				  beneficiary entitled to a continuing annuity under the joint and survivor
				  option must provide proof of age. The following documents will be accepted as
				  proof of age: REAL ID, birth certificate, baptismal certificate, passport, or
				  official military record.
General Authority:
NDCC 15-39.1-07
Law Implemented:
NDCC 15-39.1-10 ; The REAL ID
					 act of 2005 [Pub. L. 109-13; 119 Stat. 311;  49 U.S.C. §
												30301 note]
North Dakota Administrative Code › Title 82 - Board of Trustees of the Teachers' Fund for Retirement › Article 82-05 - Retirement Benefits › Chapter 82-05-01 - Procedural Requirements › Section 82-05-01-03 - Designation of beneficiary

Current through Supplement No. 393, July, 2024
A member may designate a beneficiary in writing on forms
				  provided by the fund prior to the beginning of benefit payments.
After benefit payments have begun, the member may not change
				  the designated beneficiary except under the following circumstances:
1. Members who select the single life,
				five-year term certain and life (option no longer available to new retirees),
				twenty-year term certain and life, or ten-year term certain and life annuity
				plans may change their beneficiary at any time.
2. Members who select the one hundred percent
				joint and survivor or fifty percent joint and survivor annuity plans may only
				name one beneficiary and may not change their beneficiary after retirement,
				except under the following circumstances:
a.
				If the member's designated beneficiary precedes the member in death; or
b. If the marriage of a member and
				the designated beneficiary is dissolved and the divorce decree provides for
				sole retention of the retirement benefits by the member.
In these cases, the form of benefits shall automatically
				  revert to the standard form of benefit payment under section 82-05-02-01 and a new beneficiary
				  may be designated. The member, upon remarriage, may designate the new spouse as
				  the primary beneficiary and may elect a joint and survivor benefit option under
				  section 82-05-02-02.
North Dakota Administrative Code › Title 82 - Board of Trustees of the Teachers' Fund for Retirement › Article 82-05 - Retirement Benefits › Chapter 82-05-01 - Procedural Requirements › Section 82-05-01-05 - Benefit eligibility calculation

Current through Supplement No. 393, July, 2024
In determining eligibility for benefits under North Dakota
				  Century Code chapter
				  15-39.1, the calculations for age
				  and service credit are rounded to the nearest one thousandth (.000).
General Authority: NDCC 15-39.1-07
Law Implemented: NDCC 15-39.1-10, 15-39.1-27
North Dakota Administrative Code › Title 82 - Board of Trustees of the Teachers' Fund for Retirement › Article 82-05 - Retirement Benefits › Chapter 82-05-02 - Forms of Benefit Payments › Section 82-05-02-01 - Standard form of benefit payments

Current through Supplement No. 393, July, 2024
The standard form of benefit payments under  article 82-05 is
				  an annuity payable for the life of the teacher with no survivor annuity.
General Authority: NDCC 15-39.1-07
Law Implemented: NDCC 15-39.1-10
North Dakota Administrative Code › Title 82 - Board of Trustees of the Teachers' Fund for Retirement › Article 82-05 - Retirement Benefits › Chapter 82-05-02 - Forms of Benefit Payments › Section 82-05-02-02 - Optional forms of benefit payments

Current through Supplement No. 393, July, 2024
1. A teacher
				may elect to receive benefits under  article 82-05 in any one of the following
				forms:
a. A one hundred percent joint and
				survivor annuity.
b. A fifty
				percent joint and survivor annuity.
c. An annuity payable to the teacher or the
				teacher's designated beneficiary for the life of the teacher or two hundred
				forty months, whichever is longer.
d. An annuity payable to the teacher or the
				teacher's designated beneficiary for the life of the teacher or one hundred
				twenty months, whichever is longer.
North Dakota Administrative Code › Title 82 - Board of Trustees of the Teachers' Fund for Retirement › Article 82-05 - Retirement Benefits › Chapter 82-05-02 - Forms of Benefit Payments › Section 82-05-02-03

Current through Supplement No. 393, July, 2024
General Authority: NDCC 15-39.1-07
Law Implemented: NDCC 15-39.1-16
North Dakota Administrative Code › Title 82 - Board of Trustees of the Teachers' Fund for Retirement › Article 82-05 - Retirement Benefits › Chapter 82-05-02 - Forms of Benefit Payments › Section 82-05-02-04 - Retroactive retirement eligibility

Current through Supplement No. 393, July, 2024
Upon application, a teacher is entitled to receive benefits
				  retroactive to the date of initial eligibility in accordance with the benefit
				  option selected. Teachers may not collect interest on retroactive back
				  benefits.
General Authority: NDCC 15-39.1-07
Law Implemented: NDCC 15-39.1-10, 15-39.1-16
North Dakota Administrative Code › Title 82 - Board of Trustees of the Teachers' Fund for Retirement › Article 82-05 - Retirement Benefits › Chapter 82-05-02 - Forms of Benefit Payments › Section 82-05-02-05 - Partial lump sum distribution option

Current through Supplement No. 393, July, 2024
A member who is eligible for an unreduced service retirement
				  annuity may receive a portion of the retirement annuity paid in a lump sum
				  distribution as provided in North Dakota Century Code section
				  15-39.1-16. The lump sum
				  distribution may be paid in a direct rollover as outlined in North Dakota
				  Century Code section
				  15-39.1-20.
General Authority: NDCC 15-39.1-07
Law Implemented: NDCC 15-39.1-16
North Dakota Administrative Code › Title 82 - Board of Trustees of the Teachers' Fund for Retirement › Article 82-05 - Retirement Benefits › Chapter 82-05-03 - Payment of Benefits › Section 82-05-03-01 - When benefit payments begin - Direct deposit

Current through Supplement No. 393, July, 2024
If the teacher terminates covered employment and becomes
				  eligible for retirement benefits, retirement benefits are paid on the first day
				  of the month following the official date of retirement. If a teacher terminates
				  covered employment or becomes eligible for retirement benefits after the first
				  fifteen days of the month, retirement benefits are paid beginning the first day
				  of the following month.
Annuity payments will be directly deposited to a teacher's
				  account in a bank, credit union, savings and loan, or other financial
				  institution provided that the financial institution is an automated clearing
				  house (ACH) financial participant. The teacher must complete the official
				  direct deposit form provided by the fund.
General Authority:
NDCC 15-39.1-07
Law Implemented:
NDCC
					 15-39.1-10
North Dakota Administrative Code › Title 82 - Board of Trustees of the Teachers' Fund for Retirement › Article 82-05 - Retirement Benefits › Chapter 82-05-03 - Payment of Benefits › Section 82-05-03-02 - Death benefits - Proof of death

Current through Supplement No. 393, July, 2024
Death benefits will be paid after proof of the member's death
				  is submitted to the fund office. Proof of death includes a death certificate or
				  other documentation approved by the executive director. If death benefits are
				  required to be paid to the member's estate, documentation naming the
				  administrator or personal representative of the estate must also be submitted
				  to the fund office prior to payment.
General Authority: NDCC 15-39.1-07
Law Implemented: NDCC 15-39.1-17
North Dakota Administrative Code › Title 82 - Board of Trustees of the Teachers' Fund for Retirement › Article 82-05 - Retirement Benefits › Chapter 82-05-03 - Payment of Benefits › Section 82-05-03-03 - Overpayment of retirement benefits - Write-offs

Current through Supplement No. 393, July, 2024
All overpayments must be collected using the care, skill,
				  prudence, and diligence under the circumstances then prevailing that a prudent
				  person acting in like capacity and familiar with such matters would use in the
				  conduct of an enterprise of like character and with like gains. If the cost of
				  recovering the amount of the overpayment of retirement benefits is estimated to
				  exceed the overpayment, the teachers' fund for retirement may consider the
				  repayment to be unrecoverable and written off.
General Authority:
NDCC 15-39.1-07
Law Implemented:
NDCC 15-39.1-29,
					 15-39.1-31
North Dakota Administrative Code › Title 82 - Board of Trustees of the Teachers' Fund for Retirement › Article 82-05 - Retirement Benefits › Chapter 82-05-03 - Payment of Benefits › Section 82-05-03-04 - Interest payments - Interest accrual on account - Preretirement death

Current through Supplement No. 393, July, 2024
The preretirement death benefit paid to any beneficiary must
				  be equal to the account value included accumulated interest up to the date of
				  death. No interest may continue to accrue to the account beyond the time of
				  death of the member.
General Authority:
NDCC 15-39.1-07
Law Implemented:
NDCC
					 15-39.1-17
North Dakota Administrative Code › Title 82 - Board of Trustees of the Teachers' Fund for Retirement › Article 82-05 - Retirement Benefits › Chapter 82-05-03 - Payment of Benefits › Section 82-05-03-05 - Erroneous payment of benefits - Overpayments

Current through Supplement No. 393, July, 2024
1. An
				"overpayment" means a payment of money by the teachers' fund for retirement
				that results in a person receiving a higher payment than the person is entitled
				to under the provision of the retirement plan of membership.
2. A person who receives an overpayment is
				liable to refund those payments upon receiving a written explanation and
				request for the amount to be refunded.
3. If the overpayment of benefits was not the
				result of any wrongdoing, negligence, misrepresentation, or omission by the
				recipient, the recipient may make repayment arrangements subject to the
				executive director's approval within sixty days of the written notice of
				overpayment with the minimum repayment amount no less than fifty dollars per
				month. If repayment arrangements are not in place within sixty days of the date
				of the written notice of overpayment, the executive director shall offset the
				amount of the overpayment from the amount of future retirement benefit payments
				so that the actuarial equivalent of the overpayment is spread over the benefit
				payment period.
4. If the
				overpayment of benefits was the result, in whole or in part, of the wrongdoing,
				negligence, misrepresentation, or omission of the recipient, the recipient is
				liable to pay simple interest charges at the rate of six percent on the
				outstanding balance to compensate the fund for lost earnings, from the time the
				erroneous benefit was paid through the time it has been refunded in full.
				Recovered funds are first applied to interest and, if any amount is left over,
				that amount is applied to principal. The recipient may make repayment
				arrangements, subject to the executive director's approval, within sixty days
				of the written request for refund with the minimum repayment amount no less
				than fifty dollars per month. If repayment arrangements are not in place within
				sixty days of the date of the written notice of overpayment, the executive
				director shall offset the amount of the overpayment from the amount of future
				retirement benefit payments so that the actuarial equivalent of the overpayment
				is spread over the benefit payment period.
5. If an individual dies prior to fully
				refunding an erroneous overpayment of benefits, the teachers' fund for
				retirement may make application to the estate of the deceased to recover the
				remaining balance.
General Authority:
NDCC 15-39.1-07
Law Implemented:
NDCC
					 15-39.1-17
North Dakota Administrative Code › Title 82 - Board of Trustees of the Teachers' Fund for Retirement › Article 82-05 - Retirement Benefits › Chapter 82-05-03 - Payment of Benefits › Section 82-05-03-06 - Erroneous payment of benefits - Underpayments

Current through Supplement No. 393, July, 2024
1. An
				"underpayment" means a payment of money by the teachers' fund for retirement
				that results in a person receiving a lower payment than the person is entitled
				to under the provisions of the retirement plan of membership.
2. If an underpayment occurs, the amount of
				the lump sum payment must be paid within sixty days of the discovery of the
				error.
3. If the underpayment of
				benefits was not the result of any wrongdoing, negligence, misrepresentation,
				or omission by the employer or recipient, the underpayment of benefits is to
				include simple interest at the rate of six percent from the time the
				underpayment occurred.
4. If the
				underpayment of benefits was the result, in whole or in part, of the
				wrongdoing, negligence, misrepresentation, or omission of the employer or
				recipient, the underpayment of benefits will not include simple
				interest.
5. If an individual dies
				prior to receiving the underpayment of benefits, the teachers' fund for
				retirement shall pay the designated beneficiary on record or, in the absence of
				a designation of beneficiary, to the estate.
General Authority:
NDCC 15-39.1-07
Law Implemented:
NDCC
					 15-39.1-17
North Dakota Administrative Code › Title 82 - Board of Trustees of the Teachers' Fund for Retirement › Article 82-05 - Retirement Benefits › Chapter 82-05-03 - Payment of Benefits › Section 82-05-03-07 - Erroneous payment of benefits - Appeals

Current through Supplement No. 393, July, 2024
1. A person not
				satisfied with repayment arrangements made under section
				82-05-03-05 may appeal the
				executive director's decision in writing to the board. The written request must
				explain the basis of the appeal and must be received in the office within sixty
				days of the executive director's written decision.
2. The board may release a person from
				liability to refund an overpayment, in whole or in part, if it determines:
a. The receipt of overpayment is not the
				fault of the recipient.
b. It would
				be contrary to equity and good conscience to collect the refund.
North Dakota Administrative Code › Title 82 - Board of Trustees of the Teachers' Fund for Retirement › Article 82-05 - Retirement Benefits › Chapter 82-05-04 - Actuarial Factors › Section 82-05-04-01 - Actuarial factors - Early retirement

Current through Supplement No. 393, July, 2024
In determining early
			  retirement benefits under North Dakota
			  Century Code section  15-39.1-12, the
			  benefits to which a member is entitled
			  shall be reduced 0.5 percent for each
			  month that the early retirement date
			  precedes the first day of the month
			  coincident with or next following the
			  earlier of the member's sixty-fifth
			  birthday or the date at which current
			  service plus the member's age will
			  equal eighty-five for a tier one
			  grandfathered member . Effective July
			  1, 2013, for members who are either
			  tier one nongrandfathered or tier two,
			  in determining the early retirement
			  benefit under North Dakota Century
			  Code section  15-39.1-12, the benefits
			  to which a member is entitled shall be
			  reduced 0.6667 percent for each month
			  that the early retirement date
			  precedes the first day of the month
			  coincident with or next following the
			  earlier of the member's sixty-fifth
			  birthday or the date at which current
			  service plus the member's age will
			  equal ninety, with a minimum age of
			  sixty.
General
				Authority:
NDCC
				 15-39.1-07
Law
				Implemented:
NDCC  15-39.1-16,
				 15-39.1-24
North Dakota Administrative Code › Title 82 - Board of Trustees of the Teachers' Fund for Retirement › Article 82-05 - Retirement Benefits › Chapter 82-05-04 - Actuarial Factors › Section 82-05-04-02 - Actuarial factors - Optional payment forms

Current through Supplement No. 393, July, 2024
Under the optional joint and survivor, term certain and life,
				  and partial lump sum forms of annuity payment shall be based on the following
				  actuarial assumptions:
1. Interest
				rate - 7.25 percent per year, compounded annually.
2. Member's mortality (used for nondisabled
				members) - A mortality table constructed by blending thirty percent of the
				mortality rates under a combination of PubT-2010 employee and PubT-2010 healthy
				retiree tables for males, adjusted by one hundred four percent for ages
				fifty-five and older, and projected to 2022 using projection scale MP-2019,
				with seventy percent of the mortality rates under a combination of PubT-2010
				employee and PubT-2010 healthy retiree tables for females, adjusted by one
				hundred four percent for ages fifty-five and older, and projected to 2022 using
				projection scale MP-2019.
3.
				Beneficiary's mortality - A mortality table constructed by blending seventy
				percent of the mortality rates under a combination of PubT-2010 employee and
				Pub-2010 contingent survivor tables for males, adjusted by ninety-five percent
				for ages forty-five and older, and projected to 2022 using projection scale
				MP-2019, with thirty percent of the mortality rates under a combination of
				PubT-2010 employee and Pub-2010 contingent survivor tables for females,
				adjusted by ninety-five percent for ages forty-five and older and projected to
				2022 using projection scale MP-2019. Mortality tables for survivors under age
				eighteen use the RP-2014 juvenile tables with fifty percent blending of the
				male/female rates and projected to 2022 using projection scale
				MP-2019.
4. Disabled member's
				mortality - A mortality table constructed by blending thirty percent of the
				mortality rates under the PubNS-2010 non-safety disabled mortality table for
				males, projected to 2022 using projection scale MP-2019, with seventy percent
				of the mortality rates under the PubNS-2010 non-safety disabled mortality table
				for females, projected to 2022 using projection scale MP-2019.
In addition, the above actuarial assumptions shall be used to
				  determine actuarial equivalence for other purposes not covered by sections
				  82-05-04-01,
				  82-05-04-03, and
				  82-05-04-04, such as the
				  determination of the reduction to a member's benefit because of the existence
				  of a qualified domestic relations order.
General Authority:
NDCC 15-39.1-07
Law Implemented:
NDCC 15-39.1-16,
					 15-39.1-24
North Dakota Administrative Code › Title 82 - Board of Trustees of the Teachers' Fund for Retirement › Article 82-05 - Retirement Benefits › Chapter 82-05-04 - Actuarial Factors › Section 82-05-04-03 - Actuarial factors - Maximum benefits under section 415

Current through Supplement No. 393, July, 2024
In computing the maximum benefits under Internal Revenue Code
				  section 415, as required under North Dakota Century Code section
				  15-39.1-10.6, the following
				  actuarial assumptions must be used:
1. Interest rate - the interest rate
				assumption must be the same as the rate that is used in computing actuarially
				equivalent optional payment forms under section 82-05-04-02 except that:
a. The interest rate assumption may not be
				less than five percent for the purposes of converting the maximum retirement
				income to a form other than a straight life annuity with no ancillary benefits;
b. The interest rate assumption
				may not be greater than five percent for the purposes of adjusting the maximum
				retirement income payable to a member who is over age sixty-five so that it is
				actuarially equivalent to such a retirement income commencing at age
				sixty-five; and
c. The factor for
				adjusting the maximum permissible retirement income to a member who is less
				than age sixty-two years so that it is actuarially equivalent to such a
				retirement income commencing at age sixty-two years shall be equal to the
				factor for determining actuarial equivalence for early retirement under section 82-05-04-01 or an actuarially
				computed reduction factor determined using an interest rate assumption of five
				percent and the mortality assumptions specified in this section (except that
				the mortality decrement must be ignored if a death benefit at least equal to
				the single-sum value of the member's accrued benefit would be payable under the
				fund on behalf of the member if the member remained in service and the member's
				service was to be terminated by reason of the member's death prior to the
				member's normal retirement date), whichever factor will provide the greater
				reduction. The factor for determining actuarial equivalence for early
				retirement under the fund for any given age below age sixty-two years must be
				determined by dividing the early retirement adjustment factor that applies
				under section 82-05-04-01 at such given age by
				the early retirement adjustment factor that applies under the fund at age
				sixty-two years. The actuarial adjustment provided in this subdivision does not
				apply for limitation years beginning after 1994 to income received as a
				pension, annuity, or similar allowance as a result of a member's disability due
				to personal injuries or sickness, or amounts received as a result of a member's
				death by the member's beneficiaries, survivors, or estate.
North Dakota Administrative Code › Title 82 - Board of Trustees of the Teachers' Fund for Retirement › Article 82-05 - Retirement Benefits › Chapter 82-05-04 - Actuarial Factors › Section 82-05-04-04 - Actuarial factors - Purchase of service

Current through Supplement No. 393, July, 2024
Whenever the North Dakota Century Code permits a member to
				  purchase service on an actuarially equivalent basis, the following actuarial
				  assumptions shall be used:
1. Interest
				rate - 7.25 percent per year, compounded annually.
2. Mortality rates - the same table specified
				in section 82-05-04-02 for nondisabled members.
3. Retirement - the member will be assumed to
				retire at the age at which the member is first eligible for an unreduced
				retirement benefit. Such unreduced retirement date will be determined taking
				into account any purchased service and assuming the member continues in
				full-time covered service.
4.
				Salary increase rate - Increases are assumed to occur once each year. The
				following table shows the increase rates indexed by the member's service
				(excluding any service being purchased):
Years From Hire
Percentage
Increase at End of Year
1
14.80%
2
6.80%
3
6.55%
4-5
6.30%
6-7
5.80%
8-9
5.55%
10-12
5.30%
3-14
5.05%
15-16
4.80%
17-19
4.55%
20-23
4.30%
24-30
4.05%
31 and over
3.80%
General Authority:
NDCC 15-39.1-07
Law Implemented:
NDCC 15-39.1-16,
					 15-39.1-24
North Dakota Administrative Code › Title 82 - Board of Trustees of the Teachers' Fund for Retirement › Article 82-05 - Retirement Benefits › Chapter 82-05-05 - Deferred Retirement Eligibility › Section 82-05-05-01 - Deferred retirement eligibility

Current through Supplement No. 393, July, 2024
A teacher who is vested and terminates covered employment
				  must apply for deferred retirement benefits on an official agency form.
General Authority: NDCC 15-39.1-07
Law Implemented: NDCC 15-39.1-10, 15-39.1-11
North Dakota Administrative Code › Title 82 - Board of Trustees of the Teachers' Fund for Retirement › Article 82-05 - Retirement Benefits › Chapter 82-05-06 - Retiree Return to Work Program › Section 82-05-06-01 - Retiree reemployment reporting requirements

Current through Supplement No. 393, July, 2024
Participating employers and retirees must complete and submit
				  a form required by the fund and a copy of the employment contract within thirty
				  days of the retired member's return to covered employment.
Time spent performing extracurricular duties and attending
				  professional development sessions is excluded from the annual hour
				  limit.
General Authority:
NDCC 15-39.1-07
Law Implemented:
NDCC 15-39.1-19.1,
					 15-39.1-19.2
North Dakota Administrative Code › Title 82 - Board of Trustees of the Teachers' Fund for Retirement › Article 82-06 - Suspension of Benefits › Chapter 82-06-01 - Suspension of Benefits › Section 82-06-01-02 - Participation upon suspension - Prior elections frozen

Current through Supplement No. 393, July, 2024
A teacher who subsequently retires following suspension of
				  benefits is entitled to resume receiving the suspended annuity in accordance
				  with the retirement benefit option previously selected. The retirement option
				  previously selected cannot be modified at the subsequent retirement.
General Authority: NDCC 15-39.1-07
Law Implemented: NDCC 15-39.1-19.1
North Dakota Administrative Code › Title 82 - Board of Trustees of the Teachers' Fund for Retirement › Article 82-07 - Disability Benefits › Chapter 82-07-01 - Disability Retirement Eligibility › Section 82-07-01-01 - Definitions

Current through Supplement No. 393, July, 2024
The following definitions govern the determination of
				  disability benefits under the fund:
1.
				"Medical examination" means an examination conducted by a licensed medical
				provider or a psychologist 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 teacher.
2. "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 and results in the individual's inability
				to perform the duties of a teacher.
3. "Temporary disability" means a condition
				of "total disability" that is expected to last at least twelve months, but is
				not considered permanent.
General Authority:
NDCC 15-39.1-07
Law Implemented:
NDCC
					 15-39.1-18
North Dakota Administrative Code › Title 82 - Board of Trustees of the Teachers' Fund for Retirement › Article 82-07 - Disability Benefits › Chapter 82-07-01 - Disability Retirement Eligibility › Section 82-07-01-02 - Disability retirement eligibility

Current through Supplement No. 393, July, 2024
A member, with at least five years of service credit, who has
				  a "total disability" is eligible for disability retirement benefits if the
				  member became totally disabled while employed as a teacher and otherwise
				  complies with the requirements of  article 82-07.
General Authority: NDCC 15-39.1-07
Law Implemented: NDCC 15-39.1-18
North Dakota Administrative Code › Title 82 - Board of Trustees of the Teachers' Fund for Retirement › Article 82-07 - Disability Benefits › Chapter 82-07-01 - Disability Retirement Eligibility › Section 82-07-01-03 - Determination of disability - Procedures

Current through Supplement No. 393, July, 2024
The following procedures govern the determination of
				  disability benefits under the fund:
1.
Application process.
a.
				Application for disability benefits must be made within thirty-six months from
				the last date of covered employment on the form provided by the fund. On a
				case-by-case basis, the board may extend the thirty-six month period.
b. If the fund 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 describe the
				disability, explain the cause of the disability, the limitations caused by the
				disability, the treatment being followed, the efforts by the employer and the
				member to implement reasonable accommodations, and the effect of the disability
				on the individual's ability to perform as a teacher.
d. The employer's statement of disability
				must provide information about the member's sick leave benefits, explain how
				the disability affects the performance of the teaching duties, include a
				detailed listing of job duties, and describe efforts to provide reasonable
				accommodation for the member.
North Dakota Administrative Code › Title 82 - Board of Trustees of the Teachers' Fund for Retirement › Article 82-07 - Disability Benefits › Chapter 82-07-03 - Forms of Disability Benefits › Section 82-07-03-01 - Forms of disability benefits

Current through Supplement No. 393, July, 2024
Except for the partial lump sum distribution option, all
				  optional forms of retirement benefits are available to members entitled to
				  disability retirement annuities.
General Authority:
NDCC 15-39.1-07
Law Implemented:
NDCC
					 15-39.1-18
North Dakota Administrative Code › Title 82 - Board of Trustees of the Teachers' Fund for Retirement › Article 82-07 - Disability Benefits › Chapter 82-07-04 - Suspension of Disability Benefits › Section 82-07-04-01 - Suspension of disability benefits

Current through Supplement No. 393, July, 2024
1. When a member
				receiving disability retirement benefits is not recertified as eligible for
				continued benefits, the board shall presume the member does not have a "total
				disability" and the disability benefits must cease on the first day of the
				month following the date the member is not recertified eligible for continued
				benefits.
2. When a member
				receiving disability retirement benefits returns to active teaching in North
				Dakota or out of state, the board shall do one of the following:
a. Presume the member does not have a "total
				disability" and, pursuant to subsection 3 of North Dakota Century Code section
				15-39.1-18, suspend the member's disability benefits on the first day of the
				month following the date the member returns to active teaching.
b. If the member consents, allow continued
				payment of the disability benefit for up to six months to permit a member who
				has partially recovered from the disability to return to active teaching on a
				trial basis. If the member terminates employment prior to the end of the trial
				period as set by the board, the board shall not deem the member recovered under
				North Dakota Century Code section 15-39.1-18, and the member's benefits must
				continue as permitted under North Dakota Century Code chapter 15-39.1 and this
				title. If, at the end of the trial period, the member has not terminated
				employment, the board shall presume the member does not have a qualified
				disability and shall suspend the member's disability benefits on the first day
				of the month following the date the member's trial period ends pursuant to
				North Dakota Century Code section 15-39.1-18. A member who has had the member's
				disability benefit terminated under this section shall reapply to receive any
				future disability benefit after the conclusion of any trial period.
North Dakota Administrative Code › Title 82 - Board of Trustees of the Teachers' Fund for Retirement › Article 82-08 - Qualified Domestic Relations Orders › Chapter 82-08-01 - Qualified Domestic Relations Orders › Section 82-08-01-02 - Qualified domestic relations order procedures

Current through Supplement No. 393, July, 2024
Upon receipt of a domestic relations order, the plan shall:
1. Send an initial notice to each
				person named therein, together with an explanation of the procedures followed
				by the fund.
2. If the teacher or
				alternate payee receives any distribution that should not have been paid per
				the order, the teacher or alternate payee is designated a constructive trustee
				for the amount received and shall immediately notify the retirement and
				investment office and comply with written instructions as to the distribution
				of the amount received.
3. Review
				the domestic relations order to determine if it follows the model language
				format in section 82-08-01-03.
4. Forward the domestic relations order to
				the fund's legal counsel and actuarial consultant for their review and
				recommendation to the board.
5.
				The board shall review the domestic relations order and make the final
				determination of a qualified order.
6. The domestic relations order must be
				considered a qualified order when the plan notifies the parties the order is
				approved by the board and a certified copy of the court order has been
				submitted to the fund office.
7.
				If the order is determined to be qualified within eighteen months of receipt:
a. Send notice to all persons named in the
				order and any representatives designated in writing by such person that a
				determination has been made that the order is a qualified domestic relations
				order.
b. Comply with the terms of
				the order.
c. Distribute the
				amounts as outlined in the order.
North Dakota Administrative Code › Title 82 - Board of Trustees of the Teachers' Fund for Retirement › Article 82-08 - Qualified Domestic Relations Orders › Chapter 82-08-01 - Qualified Domestic Relations Orders › Section 82-08-01-03 - Format for a qualified domestic relations order

Current through Supplement No. 393, July, 2024
A qualified domestic relations order must be substantially in
				  the following form:
Click here
				  to view Image
This Order is intended to meet the requirements of a
				  "Qualified Domestic Relations Order" relating to the North Dakota Teachers'
				  Fund for Retirement, hereafter referred to as the "Plan". The Order is made
				  pursuant to North Dakota Century Code section 15-39.1-12.2. The Order is an
				  integral part of the judgment entered on [
DATE OF
				  DIVORCE
] granting a divorce to the above-entitled parties. [This
				  Order is also drawn pursuant to the laws of the state of North Dakota relating
				  to the equitable distribution of marital property between spouses and former
				  spouses in actions for dissolution of a marriage.]
or
[This Order is drawn pursuant to the laws of the state of North Dakota relating
				  to the provision of child support to a minor child in actions for dissolution
				  of a marriage.]
BACKGROUND INFORMATION
[
MEMBER'S NAME AND SOCIAL SECURITY
				  NUMBER
] is the participating member whose last-known address is
				  [
MEMBER'S ADDRESS
]. The member's date of birth is
				  [
MEMBER'S D.O.B.
].
[
ALTERNATE PAYEE'S NAME AND SOCIAL SECURITY
				  NUMBER
] is the alternate payee whose last-known address is
				  [
ALTERNATE PAYEE'S ADDRESS
]. The alternate payee's
				  date of birth is [
ALTERNATE PAYEE'S D.O.B.
].
The participating member and the alternate payee were married
				  on [
DATE OF MARRIAGE
].
IT IS HEREBY ORDERED THAT:
I.
BENEFITS
Benefits under the plan are distributed as follows: (Choose
				  one)
1. The alternate payee is awarded
				[______
%
] of the member's accrued monthly annuity
				benefit as of [
DATE OF DIVORCE
]; (OR)
2. The alternate payee is awarded
				[
$
______] of the member's accrued monthly annuity
				benefit as of [
DATE OF DIVORCE
].
If payments to the alternate payee begin prior to the
				  member's sixty-fifth birthday, such benefits shall be reduced actuarially,
				  except that if the member retires or dies prior to the member's sixty-fifth
				  birthday, the alternate payee shall receive a commensurate share of any early
				  retirement subsidy, beginning as of the date of the member's retirement or
				  death. Such increase shall be determined actuarially.
North Dakota Administrative Code › Title 82 - Board of Trustees of the Teachers' Fund for Retirement › Article 82-10 - Right to Formal Hearing and Appeal › Chapter 82-10-01 - Right to Formal Hearing and Appeal › Section 82-10-01-01 - Right to formal hearing and appeal

Current through Supplement No. 393, July, 2024
Any applicant aggrieved by a decision of the board may
				  initiate a formal administrative action against the board in accordance with
				  North Dakota Century Code chapter
				  28-32. The applicant must file a
				  request for a formal hearing within thirty days after notice of the initial
				  decision has been mailed. If an appeal is not filed within the thirty-day
				  period, the initial decision of the board is final. If a request for a formal
				  hearing is timely filed, notice of the hearing must be served at least thirty
				  days before the date set for the hearing. The board shall request appointment
				  of an administrative law judge from the office of administrative hearings to
				  conduct the hearing and make recommended findings of fact, conclusions of law,
				  and order. The board shall either accept the administrative law judge's
				  recommended findings of fact, conclusions of law, and order or adopt its own
				  findings of fact, conclusions of law, and order. The applicant may appeal the
				  final decision resulting from this procedure to the district court in
				  accordance with North Dakota Century Code chapter
				  28-32.
General Authority: NDCC 15-39.1-07
Law Implemented: NDCC 15-39.1-07
North Dakota Administrative Code › Title 83 - Trade Commission

Current through Supplement No. 393, July, 2024
The trade commission was established by the 1965 legislative
		  assembly and was funded with an initial appropriation of fifty thousand
		  dollars. Subsequent legislative assemblies have not appropriated any funds to
		  continue the trade commission. Consequently, the trade commission has not
		  functioned for several years. For all intents and purposes, the trade
		  commission may be considered defunct.