reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 70.5 - Real Estate Trust Account Committee › Article 70.5-01 › Chapter 70.5-01-01 › Section 70.5-01-01-04

Current through Supplement No. 393, July, 2024
General Authority: NDCC
					 28-32-02,
					 43-23.4-02
Law Implemented: NDCC
					 43-23.4-02
North Dakota Administrative Code › Title 70.5 - Real Estate Trust Account Committee › Article 70.5-01 › Chapter 70.5-01-01 › Section 70.5-01-01-05

Current through Supplement No. 393, July, 2024
General Authority: NDCC
					 28-32-02,
					 43-23.4-02
Law Implemented: NDCC
					 43-23.4-02
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-01 - General Administration › Chapter 71-01-01 - Organization of Board › Section 71-01-01-01 - Organization of public employees retirement board

Current through Supplement No. 393, July, 2024
1.
History.
The 1965 legislative assembly created the public
				employees retirement system by legislation codified as North Dakota Century
				Code chapter 54-52. The starting date of the program was July 1, 1966. The
				board acts as the administrating body to manage the public employees retirement
				system, the judges retirement system, the highway patrol retirement system, the
				national guard security officers and firefighters system, the uniform group
				insurance program, the deferred compensation plan, the prefunded retiree health
				program, and a pretax benefit program for public employees.
2.
Board membership.
The board
				consists of nine members. Two are members of the legislative assembly appointed
				by the chairman of the legislative management; one member, the chairman, is
				appointed by the governor; one member is appointed by the attorney general from
				the attorney general's staff; one member is the state health officer or state
				health officer's designee; three members are elected by the active membership
				of the system; and one member is elected by the retired public
				employees.
3.
Executive
				director.
The executive director is appointed by the board and is
				responsible for the administration of the day-to-day activities of the
				retirement systems, the prefunded retiree health program, the uniform group
				insurance program, the deferred compensation program, and the pretax benefit
				program for public employees.
4.
Inquiries.
Inquiries regarding the board may be addressed to:
Executive Director
Box 1657
Bismarck, North Dakota 58502
General Authority:
NDCC 28-32-02.1,
					 54-52-04
Law Implemented:
NDCC 28-32-02.1,
					 54-52-03
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-01 - General Administration › Chapter 71-01-02 - Election Rules › Section 71-01-02-01 - Election committee

Current through Supplement No. 393, July, 2024
1. The
				retirement board must appoint a committee of three, one of whom will be
				designated as chair, from its membership to oversee elections to the
				board.
2. Committee members, or
				their authorized representatives, are responsible for reviewing the election
				rules for the retirement board membership of the North Dakota public employees
				retirement system, for counting ballots, and for reporting the election results
				to the board.
3. Committee members
				will be appointed at the February meeting of the North Dakota public employees
				retirement system board to serve until the retirement board meeting for the
				following February.
General Authority:
NDCC
					 54-52-04
Law Implemented:
NDCC
					 54-52-03
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-01 - General Administration › Chapter 71-01-02 - Election Rules › Section 71-01-02-02 - Eligible voters

Current through Supplement No. 393, July, 2024
1. All active
				employees, eligible to serve as elected members of the board in accordance with
				subsection 4 of North Dakota Century Code section
				54-52-03, are eligible to cast one
				vote for each active member vacancy on the retirement board.
2. All persons receiving retirement benefits
				are eligible to cast one vote for a retiree member vacancy on the retirement
				board.
3. Persons participating in
				the uniform group insurance program, the deferred compensation plan for public
				employees, or the pretax benefits program but not in the retirement system are
				ineligible to cast votes in retirement board elections.
General Authority:
NDCC
					 54-52-04,
					 54-52-17(5)
Law Implemented:
NDCC
					 54-52-03
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-01 - General Administration › Chapter 71-01-02 - Election Rules › Section 71-01-02-03 - Candidate eligibility

Current through Supplement No. 393, July, 2024
1. Any
				active participating member, members of the defined contribution retirement
				plan, the highway patrol retirement system, and the job service retirement plan
				are eligible to serve as an elected member of the board in accordance with
				subsection 4 of North Dakota Century Code section
				54-52-03, may become a candidate
				for election to the board. A department or political subdivision may not be
				represented by more than one elected member. Employees who have terminated
				their employment for whatever reason are not eligible to serve as an active
				elected member of the board.
2. Any
				person, as of April fifteenth of the election year, who has accepted a
				retirement allowance, may become a candidate for the retiree member to the
				board.
General Authority:
NDCC
					 54-52-04,
					 54-52-17(5)
Law Implemented:
NDCC
					 54-52-03
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-01 - General Administration › Chapter 71-01-02 - Election Rules › Section 71-01-02-04 - Election notification

Current through Supplement No. 393, July, 2024
1. The director of
				the North Dakota public employees retirement system shall ensure that
				notification of an active member vacancy and the election is given to all
				employees through publication of a notice in the North Dakota public employees
				retirement system newsletter or any other method of communication as deemed
				appropriate by the director at least three weeks in advance of a filing date
				for nomination petitions. The director shall ensure that notification of the
				vacancy of a retiree member and the election is given to all persons who have
				accepted a retirement allowance through publication of a notice in the North
				Dakota public employees retirement system newsletter or any other method of
				communication as deemed appropriate by the director at least three weeks in
				advance of a filing date for nomination petitions.
2. The notice must include a statement of
				voter and candidate eligibility, the candidate nomination requirements, the
				date of election, and where to obtain the nomination petitions for
				filing.
General Authority:
NDCC 54-52-04
Law Implemented:
NDCC 54-52-03
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-01 - General Administration › Chapter 71-01-02 - Election Rules › Section 71-01-02-05 - Petition format

Current through Supplement No. 393, July, 2024
1. The nomination
				petition for an active member on the board must include the signatures of at
				least one hundred active eligible voters. The nomination petition for the
				retiree member on the board must include the signatures of at least twenty-five
				persons receiving a retirement allowance.
2. The nomination petition must include the
				following statement: "We, the petitioners, who are members of the North Dakota
				Public Employees Retirement System, nominate_______________for election to the
				North Dakota Public Employees Retirement System board."
3. The nomination petition must include a
				certification by the candidate, as follows: "I accept the nomination and if
				elected will fulfill the responsibilities as a member of the North Dakota
				Public Employees Retirement System board."
4. If there is not room for the required
				signatures on a single nomination petition, additional petitions may be used.
				Candidates may reproduce, at their own expense, blank nomination petitions that
				meet the format requirements without requesting additional petitions from the
				North Dakota public employees retirement system. All nomination petitions used
				must be certified and signed by the nominee when submitted to the North Dakota
				public employees retirement system office.
General Authority:
NDCC
					 54-52-04
Law Implemented:
NDCC
					 54-52-03
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-01 - General Administration › Chapter 71-01-02 - Election Rules › Section 71-01-02-06 - Procedure for completing and filing petitions

Current through Supplement No. 393, July, 2024
1. No period of
				time, on which an employee is entitled to receive wages or salary from the
				state of North Dakota or a political subdivision, may be used by the candidates
				to promote their election except as permitted by the employing agency. In
				addition, no public funds may be used for the purpose of promoting an election
				unless permitted by the employing agency.
2. Nomination petitions must be filed with
				the North Dakota public employees retirement system no later than four p.m. on
				the date provided in the election notice and must be validated by the election
				committee or their representatives following the filing deadline and prior to
				ballots being distributed.
3.
				Nomination petitions not furnished by the North Dakota public employees
				retirement system will be accepted provided they are submitted in the
				prescribed form.
4. A candidate may
				withdraw that candidate's nomination petition up until one week after the date
				the nomination petition is filed with the North Dakota public employees
				retirement system. The notice must be in writing and duly witnessed.
5. Nomination petitions may be accompanied by
				a three-inch [76.20-millimeter] by five-inch [127.00-millimeter] photograph of
				the candidate and a narrative not to exceed two hundred words. The absence of a
				photo or narrative will not invalidate the candidate's eligibility, but only
				the candidate's name will then appear with the other candidates' information
				that accompanies the ballots.
6.
				The retirement board or its representative reserves the right to edit lengthy
				narratives to the two hundred word limit.
7. The board or its representative shall
				inform all candidates of the validation of their candidacy.
General Authority:
NDCC 54-52-04
Law Implemented:
NDCC 54-52-03
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-01 - General Administration › Chapter 71-01-02 - Election Rules › Section 71-01-02-07 - Election ballots

Current through Supplement No. 393, July, 2024
1. Ballots must be
				prepared by the North Dakota public employees retirement system staff in
				accordance with the election rules.
2. Ballots must be printed on postcards with
				return postage supplied and will be mailed to all eligible voters with a
				narrative on candidates who have provided that information.
3. Ballots must first be arranged with the
				names of each candidate on the ballot. In printing the ballots, the position of
				the names must be changed as many times as there are candidates' names on the
				ballot. The change must be accomplished by taking the name at the head of the
				ballot and placing it at the bottom and moving the name that was second before
				the change to the head of the names on the ballot. The same number of ballots
				must be printed after each change of position so as to result in an equal
				number of ballots with each candidate's name at the head of the ballot. The
				ballot must provide a space for write-in candidates.
4. If there is only one candidate for an
				election, the election will nonetheless be conducted in compliance with the
				provisions of this chapter.
5. If
				there is no candidate, the board shall solicit at least two persons from the
				eligible pool of candidates to run for election to the board. The election will
				then be conducted in compliance with the provisions of this chapter.
General Authority:
NDCC
					 54-52-04
Law Implemented:
NDCC
					 54-52-03
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-01 - General Administration › Chapter 71-01-02 - Election Rules › Section 71-01-02-08 - Election

Current through Supplement No. 393, July, 2024
1. Ballots must be mailed by first-class
				United States mail to the address of all eligible active voters for an election
				of an active board member, or all eligible retired voters for an election of a
				retired board member, as determined by the North Dakota public employees
				retirement system's membership roles as of April fifteenth in the year of the
				election. Each eligible voter gets one ballot. Lost ballots may not be
				replaced.
2. North Dakota public
				employees retirement system members who become eligible to vote after April
				fifteenth, but before the deadline for the receipt of ballots, may be issued a
				special election ballot by making their request for such ballot in writing to
				the North Dakota public employees retirement system office no later than the
				two weeks before the deadline for receipt of ballots.
3. Ballots must be returned to the North
				Dakota public employees retirement system office no later than four p.m. on the
				date provided on the election ballots.
4. The candidate receiving the highest number
				of votes must be considered elected. When there is more than one active member
				board vacancy to be filled, the candidate with the second highest number of
				votes must be considered elected. If there are three active member board
				vacancies to be filled, the person with the third highest number of votes must
				be considered elected.
General Authority:
NDCC 54-52-04
Law Implemented:
NDCC
					 54-52-03
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-01 - General Administration › Chapter 71-01-02 - Election Rules › Section 71-01-02-09 - Canvassing rules

Current through Supplement No. 393, July, 2024
1. Ballot counting by election committee
				members or their authorized representatives will commence on the date set for
				the election committee to do so and will continue until complete.
2. Each candidate may have one overseer
				present at the canvassing who may examine each ballot as to its sufficiency
				after the canvassers have completed the canvassing of all ballots. No overseer
				may possess a pen, pencil, or other device which could be considered capable of
				altering a ballot in any manner.
3.
				A candidate may act as his or her overseer. If a candidate wishes to designate
				a representative to act as his or her overseer, that candidate must provide a
				written authorization, duly witnessed, to the election committee at the
				canvassing. An overseer may act on behalf of more than one candidate; however,
				each person must show the required authorization from each candidate
				represented.
4. The overseer may
				question the decision of the canvassers regarding a ballot after completion of
				the canvassing. If questioned, the comments of an overseer will be heard. The
				canvassers will then vote regarding the acceptability of the ballot with the
				majority vote ruling.
5. A ballot
				is not valid where the number of votes on the ballot exceeds the number of
				vacancies in the election. A ballot that does not, in the opinion of a majority
				of the canvassers, show a clear indication of the voter's intention, may not be
				counted.
6. If the percentage of
				votes received by the candidate receiving the highest number of votes is less
				than one percent more than the votes received by the candidate receiving the
				next highest number of votes, the board shall order a recount.
7. Tie votes will be determined by a coin
				toss. If this procedure is necessary, the election committee will establish and
				notify the tied candidates of the procedure and location for resolving the
				tie.
8. If the committee should
				determine that the outcome of the election has been compromised for any reason,
				the committee may determine the election to be invalid. If the election is
				determined to be invalid, the committee shall call for a new election with a
				new election schedule.
General Authority:
NDCC 54-52-04
Law Implemented:
NDCC
					 54-52-03
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-01 - General Administration › Chapter 71-01-02 - Election Rules › Section 71-01-02-10 - Notification of election results

Current through Supplement No. 393, July, 2024
1. Election results
				must be presented to the retirement board following the canvassing of votes.
				Such report must include an itemization of the number of ballots returned,
				votes cast for each candidate, votes invalidated, and votes not counted due to
				late receipt.
2. All candidates
				will be notified of the election results no later than the business day
				following the June meeting of the retirement board.
3. Employers and the membership participating
				in the North Dakota public employees retirement system will be notified of the
				election results.
General Authority:
NDCC 54-52-04
Law Implemented:
NDCC
					 54-52-03
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-01 - General Administration › Chapter 71-01-02 - Election Rules › Section 71-01-02-11 - Special elections

Current through Supplement No. 393, July, 2024
1. A
				special election will be called for by the retirement board in the event of a
				vacancy resulting from the death, resignation, or termination of North Dakota
				public employees retirement system membership by any elected board
				members.
2. Special elections must
				be conducted in accordance with the regular elections rules, except that the
				board will determine a new election schedule.
3. In the case of a special election, the
				term to be filled is the unexpired portion of the vacant board
				position.
General Authority:
NDCC
					 54-52-04
Law Implemented:
NDCC
					 54-52-03
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-01 - General Administration › Chapter 71-01-02 - Election Rules › Section 71-01-02-12 - Penalties

Current through Supplement No. 393, July, 2024
A violation of any provision under this chapter may result in
				  one or more of the following penalties, as determined by the board:
1. A candidate's petitions may be declared
				void.
2. A candidate's nomination
				may be declared void.
3. A
				candidate's election may be declared void.
4. Within thirty days of beginning an elected
				member's term in office, the elected member may be removed.
General Authority:
NDCC
					 54-52-04
Law Implemented:
NDCC
					 54-52-03
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-01 - General Administration › Chapter 71-01-02 - Election Rules › Section 71-01-02-13 - Election voting

Current through Supplement No. 393, July, 2024
In lieu of sections
				  71-01-02-07 and
				  71-01-02-08, the retirement board
				  may allow for a process by which electronic ballots are submitted to elect an
				  active or retiree candidate to the board.
General Authority:
NDCC
					 54-52-04
Law Implemented:
NDCC
					 54-52-03
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-01 - General Administration › Chapter 71-01-03 - Confidential Information Requests › Section 71-01-03-01 - Confidential information request

Current through Supplement No. 393, July, 2024
A request for confidential information is not a request
				  pursuant to the open records laws, but instead is a request for information
				  that has been determined to be confidential under state law but which may be
				  disclosed pursuant to the invocation of an exception to the confidentiality
				  requirements. All requests for confidential information must be made in writing
				  to the executive director of the public employees retirement system. The
				  request shall state the specific information requested, the reason for the
				  request, the intended use of the information, and the applicable exception to
				  the confidentiality requirements.
General Authority: NDCC
					 54-52-04
Law
					 Implemented: NDCC
					 54-52-06
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-01 - General Administration › Chapter 71-01-03 - Confidential Information Requests › Section 71-01-03-02 - Review of the request

Current through Supplement No. 393, July, 2024
The executive director shall review each request and
				  determine if the information can be provided. If the request is not clear, the
				  executive director shall write back within forty-five days indicating what
				  additional information is needed. If no additional information is needed, the
				  executive director shall provide the information or deny the request within
				  forty-five days.
General Authority: NDCC
					 54-52-04
Law
					 Implemented: NDCC
					 54-52-06
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-01 - General Administration › Chapter 71-01-03 - Confidential Information Requests › Section 71-01-03-03 - Board review

Current through Supplement No. 393, July, 2024
If the executive director is unable to determine whether the
				  information can be provided within forty-five days, the director shall refer
				  the request to the public employees retirement system board for its review. The
				  board may approve the request, deny the request, or request additional
				  information.
General Authority: NDCC
					 54-52-04
Law
					 Implemented: NDCC
					 54-52-06
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-01 - General Administration › Chapter 71-01-03 - Confidential Information Requests › Section 71-01-03-04 - Treatment, payment, or operations

Current through Supplement No. 393, July, 2024
The board of the public employees retirement system has
				  determined that:
1. Information
				related to enrollment, participation, benefits, or contributions may be shared
				with participating employers or public employees retirement system contractors
				for purposes of maintaining a member's participation and benefits in the public
				employees retirement system programs. Such sharing of information is limited to
				that information that is necessary to assure that a member's participation and
				benefits are properly handled. All such information remains confidential
				whether in the possession of the public employees retirement system, its
				participating employers, or its contractors.
2. Information relating to eligibility for
				retirement benefits may be shared with the social security administration and
				such other organizations to ensure that the member is still alive and continues
				to be eligible.
3. Information
				necessary for the administration and operation of the program may be shared
				with the public employees retirement system attorney and consultants. To the
				extent such information is shared it remains confidential.
4. Information relating to the death benefits
				and beneficiary designations of a deceased member may be shared with an ex
				spouse if listed as a beneficiary on a designation of beneficiary form, or any
				other person listed as a beneficiary on a designation of beneficiary form,
				subsequent to the death of the member, but in advance of a final determination
				regarding the applicable designated beneficiaries, only to the extent necessary
				to accurately identify the appropriate designated beneficiaries.
All other requests for information under this section must
				  first be submitted to the executive director and then reviewed by the public
				  employees retirement system board.
General Authority:
NDCC
					 54-52-04
Law Implemented:
NDCC
					 54-52-26
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-02 - Public Employees Retirement System › Chapter 71-02-01 - Definitions › Section 71-02-01-01 - Definitions

Current through Supplement No. 393, July, 2024
As used in North Dakota Century Code chapter 54-52 and this
				  article:
1. "Accumulated
				contributions" means the total of all of the following:
a. The employee account fund balance
				accumulated under the prior plan as of June 30, 1977.
b. The vested portion of the employee's
				"vesting fund" accumulated under the prior plan as of June 30, 1977.
c. The member's mandatory contributions made
				after July 1, 1977.
d. The member's
				vested employer contributions made after January 1, 2000, pursuant to North
				Dakota Century Code section 54-52-11.1.
e. The interest on the sums determined under
				subdivisions a, b, c, and d, compounded annually at the rate of five percent
				from July 1, 1977, to June 30, 1981, six percent from July 1, 1981, through
				June 30, 1986, and one-half of one percent less than the actuarial interest
				assumption from July 1, 1986, to the member's withdrawal from the plan or
				retirement.
f. The sum of any
				employee purchase or repurchase payments.
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-02 - Public Employees Retirement System › Chapter 71-02-02 - Membership › Section 71-02-02-01 - Membership - General rule

Current through Supplement No. 393, July, 2024
When an eligible employee becomes a member of the public
				  employees retirement system, the following requirements apply:
1. A temporary employee must submit a
				completed participation agreement within six months of the date of hire as a
				temporary employee or within six months of a change in status from a permanent
				to temporary position. If no application is made and filed with the office, an
				irrevocable waiver of participation will occur for as long as the employee is
				in temporary status.
2. Delinquent
				payments of over thirty days, for reasons other than leave of absence or
				seasonal employment, will result in termination of eligibility to participate
				as a temporary member.
3. Upon
				taking a refund, future participation as a temporary member is
				waived.
4. A member may not
				contribute concurrently to the plan within any given month as both a permanent
				and a temporary member. Permanent employment has precedence.
5. Elected officials of participating
				counties and elected state officials, at their individual option, must enroll
				or waive participation in writing within six months of taking office or
				beginning a new term. If no application is made and filed with the office, an
				irrevocable waiver of participation will occur until the official makes
				application within six months from the start of a new term.
General Authority:
NDCC 54-52-04
Law Implemented:
NDCC 54-52-01, 54-52-02.9,
					 54-52-05
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-02 - Public Employees Retirement System › Chapter 71-02-03 - Service Credit › Section 71-02-03-01 - Service credit - General rule

Current through Supplement No. 393, July, 2024
A member receives credit for each month a contribution is
				  made. Service credit shall be granted upon proper verification without member
				  contribution after an employee has participated in eligible employment not less
				  than two years for prior service employment as defined in North Dakota Century
				  Code section
				  54-52-01. For employees employed
				  prior to July 1, 2004, service credit shall be granted upon proper verification
				  without member contribution after an employee has participated in eligible
				  employment not less than two years for:
1. Probationary employment prior to July 1,
				1979, that was previously excluded from eligible employment.
2. Eligible employment between the ages of
				eighteen and twenty-one that was previously excluded by the age limitation of
				twenty-one for participation in the retirement program.
3. Summer months for eligible school
				employees for the period July 1, 1979, to July 1, 1982.
4. Former members of the teachers' fund for
				retirement, job service North Dakota, or highway patrolmen's retirement systems
				will be granted credit for previous service in these funds if they received a
				lump sum refund prior to September 1, 1976.
General Authority: NDCC
					 54-52-04,
					 54-52-17
Law
					 Implemented: NDCC
					 54-52-01 (11 )(12)(16),
					 54-52-17
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-02 - Public Employees Retirement System › Chapter 71-02-03 - Service Credit › Section 71-02-03-01.1 - Noneligible service credit

Current through Supplement No. 393, July, 2024
Service credit will not be granted for:
1. Prior service if the member received a
				refund of contributions after July 1, 1966, unless service has been repurchased
				in its entirety.
2. Service if the
				member received a refund of contributions after July 1, 1966, unless it is
				repurchased or purchased in its entirety or in part as specified by the member.
3. Prior service for any member
				whose employer joined the retirement system on or after July 1, 1977, unless
				purchased for the member at the time the employer joined or unless purchased by
				the member.
4. Service the member
				waived when transferring into the defined contribution retirement plan,
				including service not yet granted pursuant to section
				71-02-03-01.
General Authority: NDCC
					 54-52-04,
					 54-52-17
Law
					 Implemented: NDCC
					 54-52-05,
					 54-52-17,
					 54-52-19.2
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-02 - Public Employees Retirement System › Chapter 71-02-03 - Service Credit › Section 71-02-03-01.2 - Service credit given for leave taken

Current through Supplement No. 393, July, 2024
A member may take leave pursuant to policies, rules, and
				  statutes applicable to the member's employing unit. However, service credit may
				  only be given for leave that is part of a participating member's continuous
				  service. Service credit may not be given for isolated leave that is not part of
				  continuous service.
General Authority: NDCC
					 54-52-04,
					 54-52-17
Law
					 Implemented: NDCC
					 54-52-01 (11 )(12)(16),
					 54-52-17
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-02 - Public Employees Retirement System › Chapter 71-02-03 - Service Credit › Section 71-02-03-02.1 - Purchase of additional service credit and repurchase of past service

Current through Supplement No. 393, July, 2024
In order to purchase additional credit or repurchase past
				  service, a member must notify the office, in writing, of the service for which
				  they wish to receive credit. In addition to the written request, the following
				  information must be submitted if applicable:
1. Verification by the former employer of
				previous North Dakota or out-of-state public service, or service with the
				federal government.
2.
				Documentation of military service by submitting a DD214 or NGB22.
3. Certification of approval by the member's
				employer of any leave of absence and length of that leave.
4. Statement from employee or former employer
				that service credit being applied for does not qualify for retirement benefits
				under another retirement system.
General Authority: NDCC
					 54-52-02.6,
					 54-52-04,
					 54-52-17,
					 54-52-17.2,
					 54-52-17.4
Law
					 Implemented: NDCC
					 54-52-02.6,
					 54-52-17,
					 54-52-17.2,
					 54-52-17.4
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-02 - Public Employees Retirement System › Chapter 71-02-03 - Service Credit › Section 71-02-03-02.2 - Payment

Current through Supplement No. 393, July, 2024
The total dollar amount for the purchase or repurchase 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 employee is employed by a
				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 member to initiate and terminate the payroll deduction.
4. Payments may only be received until the
				fifteenth of the month following the month of the member's termination date
				with a participating employer.
5.
				Payments are due by the fifteenth of the month to be credited for the month.
6. Payments must be greater or
				equal to fifty dollars per month, large enough to pay the current interest plus
				a portion of principal, and an amount necessary to complete the payment
				contract within the fifteen-year time period.
General Authority: NDCC
					 54-52-02.6,
					 54-52-04,
					 54-52-17,
					 54-52-17.2,
					 54-52-17.4
Law
					 Implemented: NDCC
					 54-52-02.6,
					 54-52-17,
					 54-52-17.2,
					 54-52-17.4
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-02 - Public Employees Retirement System › Chapter 71-02-03 - Service Credit › Section 71-02-03-02.3 - Delinquent payment

Current through Supplement No. 393, July, 2024
If no payment is received within thirty days of the due date,
				  the public employees retirement system shall send a letter to the member
				  advising them of the delinquency. If no payment is received within sixty days
				  after the due date, the account must be closed. Payments received on closed
				  accounts 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
					 54-52-02.6,
					 54-52-04,
					 54-52-17,
					 54-52-17.2,
					 54-52-17.4
Law
					 Implemented: NDCC
					 54-52-02.6,
					 54-52-17,
					 54-52-17.2,
					 54-52-17.4
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-02 - Public Employees Retirement System › Chapter 71-02-03 - Service Credit › Section 71-02-03-02.4 - Crediting purchased or repurchased service

Current through Supplement No. 393, July, 2024
Service purchased or repurchased will be credited in the
				  following manner:
1. For each month
				the system receives a payment toward a purchase contract, the member will earn
				a proportion of service credit.
2.
				Member acceptance of a service purchase contract extinguishes all pending
				service purchase cost estimates, excluding purchase of unused sick
				leave.
3. Service purchase
				contracts set up on a payment plan and only partially paid will have the
				remaining unpaid portion of service credit included when preparing the new
				service purchase cost calculation.
4. For members converting service under the
				public employees retirement system to service under the judge's retirement
				system, each month of county judge service under the public employees
				retirement system will be converted to one month of judicial service credit.
				The account balance from the public employees retirement system will be
				transferred to the judges' retirement system account once the contract is paid
				in full or closed.
General Authority:
NDCC 54-52-02.6, 54-52-04,
					 54-52-17, 54-52-17.2, 54-52-17.4
Law Implemented:
NDCC 54-52-02.6, 54-52-17,
					 54-52-17.2, 54-52-17.4
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-02 - Public Employees Retirement System › Chapter 71-02-03 - Service Credit › Section 71-02-03-04 - 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 shall be canceled.
General Authority:
NDCC
				  54-52-04
Law Implemented:
NDCC
				  54-52-17
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-02 - Public Employees Retirement System › Chapter 71-02-03 - Service Credit › Section 71-02-03-05 - Coordination of multiple plan membership

Current through Supplement No. 393, July, 2024
Upon providing proper documentation of retirement plan
				  participation, a member who meets the following criteria may use service credit
				  in the teachers' insurance retirement fund for the purpose of meeting the
				  normal retirement date for vesting purposes under North Dakota Century Code
				  chapter 54-52. The member:
1. Must
				have participated in both the teachers' fund for retirement and the teachers'
				insurance and annuity association of America-college retirement equities
				fund.
2. Must have elected to
				transfer the member's teachers' insurance retirement fund account balance to
				teachers' insurance and annuity association of America-college retirement
				equities fund in connection with the administrative coordination of the various
				state retirement plans as provided under chapter 133 of the 1973 North Dakota
				Session Laws.
3. Did not have a
				cash out since the time of the transfer of funds.
4. Did not relinquish such service credit in
				writing.
General Authority:
NDCC 54-52-04,
					 54-52-17
Law Implemented:
NDCC 54-52-01(11)(12)(16),
					 54-52-17
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-02 - Public Employees Retirement System › Chapter 71-02-03 - Service Credit › Section 71-02-03-06 - Conversion of sick leave

Current through Supplement No. 393, July, 2024
To convert unused sick leave to service credit, the member
				  must submit an application to the office, no later than the end of the month in
				  which the member is no longer eligible to accrue the sick leave hours, unless
				  otherwise approved by the executive director. The member's employer must
				  confirm the member's unused balance of accumulated sick leave as of the date
				  the member is no longer eligible to accrue sick leave hours. For members
				  transferring from one participating employer to another participating employer
				  without terminating eligible employment, the public employees retirement system
				  will record unused sick leave of a participating member if the new employer
				  certifies that it will not transfer that leave. The certification must include
				  documentation from the previous employer detailing the number of hours of sick
				  leave. The public employees retirement system must receive the certification
				  within sixty days after the member leaves employment with the former employer.
				  One month of service credit must be awarded for each one hundred seventy-three
				  and three-tenths hours of unused accumulated sick leave. The employer and
				  employee contributions rates used to calculate the cost must be the rate of the
				  retirement program of the member at termination.
1. Aftertax payments may be accepted from the
				member as early as six months prior to when the member is no longer eligible to
				accrue sick leave hours, if the following requirements are met:
a. A notice of employment change has been
				provided to the public employees retirement system.
b. A written certification by the member's
				employer, as to the member's unused balance of accumulated sick leave as of the
				date the member wishes to begin payment, is on file with the public employees
				retirement system.
c. The sick
				leave conversion payment must be recalculated using the member's unused balance
				of accumulated sick leave confirmed by the member's employer, and the member's
				final average salary as of that date. If there is a difference between the sick
				leave conversion payment amount and the amount the member has paid, any
				overpayment must be refunded to the member and any underpayment must be
				collected from the member by the fifteenth of the month following the month the
				member is no longer eligible to accrue sick leave hours.
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-02 - Public Employees Retirement System › Chapter 71-02-03 - Service Credit › Section 71-02-03-08 - Eligible sick leave

Current through Supplement No. 393, July, 2024
An employer or a member may only purchase unused sick leave
				  that has not been previously purchased by a former employer or the member.
General Authority: NDCC
					 54-52-04
Law
					 Implemented: NDCC
					 54-52-27
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-02 - Public Employees Retirement System › Chapter 71-02-04 - Retirement Benefits › Section 71-02-04-01 - Retirement benefits - Application

Current through Supplement No. 393, July, 2024
Except as provided in section
				  71-02-04-02 for retirement
				  options, applications for retirement, surviving spouse, and disability benefits
				  must be filed at the public employees retirement system office at least thirty
				  days before the retirement date or before the commencement of benefits. A
				  member shall file a photocopy of the member's birth certificate, and if a
				  benefit election is an optional benefit under subsection 1 or 2 of section
				  71-02-04-04, the member must
				  provide a photocopy of the spouse's birth certificate and marriage certificate
				  with the office. A surviving spouse shall file a photocopy of the surviving
				  spouse's birth certificate, deceased spouse's birth certificate and certified
				  copy of the death certificate, and marriage certificate if a benefit election
				  is under subdivision b of subsection 6 of North Dakota Century Code section
				  54-52-17. If a birth certificate
				  is not available, a member or surviving spouse may submit other documentation
				  based on policy and procedure adopted by the board.
General Authority:
NDCC
					 54-52-04,
					 54-52-17
Law Implemented:
NDCC
					 54-52-17
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-02 - Public Employees Retirement System › Chapter 71-02-04 - Retirement Benefits › Section 71-02-04-02 - Special retirement options -Application

Current through Supplement No. 393, July, 2024
1. A member may elect a retirement option by
				filing an application with the office no less than thirty days prior to the
				beginning date of benefit payments. An application may be filed later than
				thirty days if approved by the executive director upon receiving sufficient
				evidence that the application was delayed by the member's employer.
2. A member may revoke the election of an
				optional benefit as provided in subsection 1 and make a new election, if such
				revocation is received in writing before the first retirement check is cashed
				but no later than fifteen days after the first retirement check has been
				issued. If the member changes the member's election less than fifteen days
				prior to the named beginning date of benefits, the first retirement payment may
				be delayed up to two months. Any delayed payment must be adjusted to include
				any deferred retirement payments. If the member's first retirement payment is
				paid by direct deposit and the member wishes to revoke the election of the
				benefit, then the member must immediately notify the public employees
				retirement system of the member's election. The benefit will only be revoked if
				the public employees retirement system is able to reverse the direct deposit
				paid to the bank within the bank reversal window.
3. A member may not revoke the elected
				benefit after receiving and cashing the first benefit check or if paid by
				direct deposit, after the bank reversal window has expired, unless, the member
				can provide sufficient evidence to the executive director that the factual
				basis by which the election was made later proved to be incorrect and such was
				due in part to representation or misrepresentations made by the employer or the
				office.
General Authority: NDCC
					 54-52-04,
					 54-52-17
Law
					 Implemented: NDCC
					 54-52-17
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-02 - Public Employees Retirement System › Chapter 71-02-04 - Retirement Benefits › Section 71-02-04-02.1 - Application processing

Current through Supplement No. 393, July, 2024
The termination date for purposes of processing an
				  application for retirement benefits must be the last date for which a member
				  receives salary except for a member who is on an approved leave of absence. For
				  members who are paid salary in any month following actual separation from
				  employment when the salary is received after the normal processing date, the
				  termination date for purposes of processing the application must be the same
				  date as the date that the last paycheck was issued as salary.
General Authority: NDCC
					 54-52-04
Law
					 Implemented: NDCC
					 54-52-17
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-02 - Public Employees Retirement System › Chapter 71-02-04 - Retirement Benefits › Section 71-02-04-03 - Payment date - Retirement benefits

Current through Supplement No. 393, July, 2024
Except for retirement options provided in section 71-02-04-02, a member's retirement benefit shall commence on the first day of
				  the month which follows the member's eligibility for the benefit and which is
				  at least thirty days after the date on which the member filed an application
				  with the office. Notwithstanding any other provision in this article, benefits
				  must begin no later than April first of the calendar year after the calendar
				  year in which the member retires or meets minimum distribution rules provided
				  in subsection 2 of North Dakota Century Code section 54-52-28, whichever is
				  later. If the member is employed but ineligible for active participation in the
				  retirement plan, the member's benefits must begin no later than April first of
				  the calendar year after the calendar year in which the member meets minimum
				  distribution rules provided in subsection 2 of North Dakota Century Code
				  section 54-52-28. In the absence of a retirement application, benefits shall be
				  paid based on a single life, or normal retirement for judges, payment option.
				  Benefits must be directly deposited into a financial account identified by the
				  member or sent to the member's last-known address. If the benefit checks are
				  returned with no forwarding information, the benefits will remain in the fund,
				  and will be distributed in a lump sum retroactive to the required beginning
				  date upon location of the member. If two consecutive checks issued remain
				  uncashed, future payments will be suspended until the member makes payment
				  arrangements with the office.
General Authority:
NDCC 54-52-04,
					 54-52-17
Law Implemented:
NDCC
					 54-52-17
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-02 - Public Employees Retirement System › Chapter 71-02-04 - Retirement Benefits › Section 71-02-04-03.1 - Payment date - Retirement benefits for late retirees

Current through Supplement No. 393, July, 2024
Except for retirement options provided in sections
				  71-02-04-02 and
				  71-02-04-03, for members who are
				  terminated and older than the age at which they reach their normal retirement
				  date, but who have delayed or inadvertently failed to apply for retirement
				  benefits, the regular accrued annuity benefits will commence with a lump sum
				  equal to the amount of missed payments, without interest, retroactive to their
				  normal retirement date unless the deferred normal retirement option is elected
				  or otherwise approved by the North Dakota public employees retirement system
				  board. There will be no retroactive payment for the retiree health insurance
				  credit program.
General Authority: NDCC
					 54-52-04,
					 54-52-17
Law
					 Implemented: NDCC
					 54-52-17