reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-05 - Highway Patrol Retirement System › Chapter 71-05-04 - Service Credit › Section 71-05-04-08 - Conversion of sick leave

Current through Supplement No. 393, July, 2024
To convert unused sick leave to service credit, the member
				  must notify the office, in writing, of the amount of unused sick leave to be
				  converted and the member's employer must confirm the member's unused balance of
				  accumulated sick leave as of the date the member terminates employment. 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 cost to convert unused sick leave into service credit must be paid with
				  after tax employee contributions.
1.
				Aftertax payments may be accepted from the member as early as six months prior
				to termination if the following requirements are met:
a. A notice of termination or application for
				monthly benefits form is on file with 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. At
				termination, 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.
d. 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 of
				the member's date of termination.
e. The member's record must be updated with
				the additional service credit once payment is made in full and the member has
				terminated employment.
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-05 - Highway Patrol Retirement System › Chapter 71-05-05 - Normal and Early Retirement Benefits › Section 71-05-05-01 - Normal and early retirement benefits - Application

Current through Supplement No. 393, July, 2024
Except as provided in section
				  71-05-05-02 for retirement
				  options, applications for retirement, surviving spouse, and disability benefits
				  must be filed at the public employees retirement system at least thirty days
				  before normal or early retirement date or before the commencement of benefits.
				  A member shall file a photocopy of the member's birth certificate and, if the
				  member is married, a photocopy of the member's spouse's birth certificate and
				  marriage certificate. A surviving spouse shall file a photocopy of the
				  surviving spouse's birth certificate, deceased member's birth certificate, and
				  marriage certificate for a benefit election under subsection 6 of North Dakota
				  Century Code section
				  39-03.1-11. 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
					 39-03.1-06
Law Implemented:
NDCC
					 39-03.1-11
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-05 - Highway Patrol Retirement System › Chapter 71-05-05 - Normal and Early Retirement Benefits › Section 71-05-05-02 - 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 prior to the beginning date of benefit payments if approved by the
				plan administrator 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
				retirement office.
General Authority: NDCC
					 39-03.1-06
Law
					 Implemented: NDCC
					 39-03.1-11
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-05 - Highway Patrol Retirement System › Chapter 71-05-05 - Normal and Early Retirement Benefits › Section 71-05-05-03 - Payment date - Regular early and normal retirement benefits

Current through Supplement No. 393, July, 2024
Except for the retirement options provided in section
				  71-05-05-02, a member's normal or
				  early retirement benefit must 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.
General Authority: NDCC
					 39-03.1-06
Law
					 Implemented: NDCC
					 39-03.1-11
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-05 - Highway Patrol Retirement System › Chapter 71-05-05 - Normal and Early Retirement Benefits › Section 71-05-05-03.1 - Payment date - Retirement benefits for late retirees

Current through Supplement No. 393, July, 2024
Except for retirement options provided in sections
				  71-05-05-02 and
				  71-05-05-03, 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
					 39-03.1-06
Law
					 Implemented: NDCC
					 39-03.1-11
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-05 - Highway Patrol Retirement System › Chapter 71-05-05 - Normal and Early Retirement Benefits › Section 71-05-05-04 - Optional benefits

Current through Supplement No. 393, July, 2024
A member may elect, as provided in section
				  71-05-05-02, to receive one of the
				  following optional benefits in lieu of the regular early or normal retirement
				  benefit.
1.
One hundred percent
				joint and survivor benefit.
A member may receive an actuarially reduced
				retirement benefit during the member's lifetime and after the member's death
				the same amount will be continued to the member's surviving spouse during the
				spouse's lifetime. The designated beneficiary is limited to the member's
				spouse. In the event the member's spouse predeceases the member or, in the
				event of divorce, the option shall be canceled and the member's benefit shall
				be returned to the normal retirement amount. Payment of the normal retirement
				amount shall commence on the first day of the month following the spouse's
				death providing written notification of death and a death certificate has been
				submitted or, in the event of divorce, a photocopy of the divorce decree.
Payments of benefits to a member's surviving spouse must be
				  made on the first day of each month, commencing on the first day of the month
				  following the member's death, providing the beneficiary has supplied a marriage
				  certificate, death certificate, birth certificate verifying age, and is still
				  living. Benefits must terminate in the month in which the death of the
				  beneficiary occurs.
2.
Twenty-year or ten-year term certain.
A member may elect an option
				which is the actuarial equivalent of the member's normal, early, or deferred
				vested retirement pension payable for life with a twenty-year or ten-year
				certain feature, as designated by the member.
General Authority: NDCC
					 39-03.1-06
Law
					 Implemented: NDCC
					 39-03.1-11
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-05 - Highway Patrol Retirement System › Chapter 71-05-05 - Normal and Early Retirement Benefits › Section 71-05-05-04.1 - Benefit modifications

Current through Supplement No. 393, July, 2024
A member may elect as provided in section
				  71-05-05-02 to receive one of the
				  following benefit modifications:
1.
Partial lump sum option.
The partial lump sum option will only be
				available to members who retire on or after reaching their normal retirement
				date. This option is an irrevocable election and made at initial application
				for retirement. The payment is equal to twelve monthly payments determined
				under the normal annuity option. The member is permitted to choose one of the
				optional forms of payment for ongoing benefits. The ongoing benefits will be
				actuarially reduced to reflect the partial lump sum payment.
2.
Deferred normal retirement option.
The deferred normal retirement option will only be available to members
				who retire after reaching their normal retirement date. This option is an
				irrevocable election and made at initial application for retirement. The
				payment is in lieu of a lump sum equal to the amount of missed payments,
				without interest, retroactive to the member's normal retirement date. The
				ongoing benefits will be actuarially increased to reflect the lump sum.
3.
Graduated benefit option.
The graduated benefit option will only be available to members who
				retire after reaching normal retirement date. This option is an irrevocable
				election and made at initial application for retirement. The member is
				permitted to choose one of the optional forms of payment for ongoing benefits
				excluding the deferred normal retirement option or partial lump sum option. The
				ongoing benefits will be actuarially reduced to reflect the election of the
				graduated benefit.
General Authority: NDCC
					 39-03.1-06
Law
					 Implemented: NDCC
					 39-03.1-11
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-05 - Highway Patrol Retirement System › Chapter 71-05-05 - Normal and Early Retirement Benefits › Section 71-05-05-05 - Designation of beneficiary

Current through Supplement No. 393, July, 2024
A member may designate a beneficiary or beneficiaries by
				  filing such designation with the office. A member shall have the right to
				  change the member's designation of beneficiary without the consent of the
				  beneficiary, but no such change is effective or binding unless it is received
				  by the office prior to the death of the member. If a vested, married member
				  designates a beneficiary other than or in addition to a spouse, the consent of
				  the member's spouse is required before benefits can be paid other than to the
				  member's spouse.
General Authority: NDCC
					 39-03.1-06
Law
					 Implemented: NDCC
					 39-03.1-11(6)(7)(8)
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-05 - Highway Patrol Retirement System › Chapter 71-05-05 - Normal and Early Retirement Benefits › Section 71-05-05-06 - Lack of a designated beneficiary

Current through Supplement No. 393, July, 2024
If no beneficiary is designated by a member, any benefits due
				  and payable must be paid to the estate. If the member has elected the one
				  hundred percent joint and survivor option, and the designated beneficiary
				  predeceases the member, the option must be canceled and the member's benefits
				  must be returned to its unreduced amount.
General Authority: NDCC
					 39-03.1-06
Law
					 Implemented: NDCC
					 39-03.1-11
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-05 - Highway Patrol Retirement System › Chapter 71-05-05 - Normal and Early Retirement Benefits › Section 71-05-05-07 - Amount of early retirement benefit

Current through Supplement No. 393, July, 2024
The early retirement benefit must be an amount actuarially
				  reduced from the normal retirement benefit by one-half of one percent for each
				  month (six percent per year), that the member is younger than age fifty-five on
				  the date of the member's early retirement benefit effective date.
General Authority: NDCC
					 39-03.1-06
Law
					 Implemented: NDCC
					 39-03.1-11
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-05 - Highway Patrol Retirement System › Chapter 71-05-05 - Normal and Early Retirement Benefits › Section 71-05-05-08 - Retirement - Dual membership

Current through Supplement No. 393, July, 2024
If a member elects to begin drawing monthly benefits while
				  continuing to participate in the public employees retirement system, teachers'
				  fund for retirement, or the teachers' insurance and annuity association college
				  retirement equities fund, the provisions of section
				  71-02-04-09 must apply.
General Authority: NDCC
					 39-03.1-14.1(1)(c)
Law Implemented: NDCC
					 39-03.1-14.1
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-05 - Highway Patrol Retirement System › Chapter 71-05-05 - Normal and Early Retirement Benefits › Section 71-05-05-09 - Assignment or alienation of plan benefits

Current through Supplement No. 393, July, 2024
Benefits provided under the plan may not be assigned or
				  alienated except as provided in North Dakota Century Code section
				  54-52-17.6.
General Authority: NDCC
					 39-03.1-06
Law
					 Implemented: NDCC
					 39-03.1-14.2
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-05 - Highway Patrol Retirement System › Chapter 71-05-05 - Normal and Early Retirement Benefits › Section 71-05-05-11 - Erroneous payment of benefits - Underpayments

Current through Supplement No. 393, July, 2024
1. An "underpayment" means a payment of money
				by the public employees retirement system 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 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 interest.
5. If an
				individual dies prior to receiving the underpayment of benefits, the public
				employees retirement system must pay the designated beneficiary on record, or
				in the absence of a designation of beneficiary, to the estate.
General Authority: NDCC
					 39-03.1-06
Law
					 Implemented: NDCC
					 39-03.1-25
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-05 - Highway Patrol Retirement System › Chapter 71-05-05 - Normal and Early Retirement Benefits › Section 71-05-05-12 - Erroneous payment of benefits - Appeals

Current through Supplement No. 393, July, 2024
1. A person not satisfied with repayment
				arrangements made under section
				71-02-04-10 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 71 - Retirement Board › Article 71-05 - Highway Patrol Retirement System › Chapter 71-05-06 - Return of Contributions › Section 71-05-06-01 - Return of contributions - Conditions for return

Current through Supplement No. 393, July, 2024
The accumulated contributions of a member who terminates
				  permanent employment:
1. Before
				accumulating ten years of service credit and whose account balance is less than
				one thousand dollars must be automatically refunded unless the member elects to
				remain in an inactive status.
2.
				After accumulating ten years of service credit, accumulated contributions must
				be refunded upon application filed with the retirement office.
General Authority: NDCC
					 39-03.1-06
Law
					 Implemented: NDCC
					 39-03.1-10.1
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-05 - Highway Patrol Retirement System › Chapter 71-05-06 - Return of Contributions › Section 71-05-06-02 - Effect of return

Current through Supplement No. 393, July, 2024
Refund of accumulated contributions cancels all service
				  credit accumulated prior to the refund and extinguishes the right to any
				  benefits provided by North Dakota Century Code chapter 39-03. Any former member
				  returning the member's refund, with interest at the actuarial rate of return,
				  within sixty days from withdrawal must be reinstated.
General Authority: NDCC
					 39-03.1-06
Law
					 Implemented: NDCC
					 39-03.1-10.1
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-05 - Highway Patrol Retirement System › Chapter 71-05-07 - Return to Service › Section 71-05-07-01 - Return to service - Retired member

Current through Supplement No. 393, July, 2024
The benefits of a retired member who returns to permanent
				  employment must be suspended without interest accruing on the suspended
				  account. Upon subsequent termination and retirement, the member is required to
				  select the same benefit option as the option selected at initial retirement.
				  The member's total benefit upon subsequent retirement must equal the original
				  benefit plus the calculated benefit for the return-to-work period. The member's
				  benefit attributable to any return-to-work period shall be based upon service
				  and earnings attributable to the return-to-work period only and be calculated
				  as follows:
1. The member's benefit
				must be based on the benefit provisions in effect at subsequent retirement and
				shall include the member's and spouse's ages, salary earned during the period
				of reemployment, total service earned after reemployment, and actuarial factors
				in effect at subsequent retirement.
2. If a member dies during subsequent
				employment, the member's initial retirement benefit option election will apply
				and the date of death will be considered the subsequent retirement
				date.
3. If a member's spouse dies
				during the subsequent employment of the member, section 71-05-05-04 applies to
				the member's initial and subsequent retirement benefit calculation.
General Authority:
NDCC 39-03.1-06
Law Implemented:
NDCC 39-03.1-11
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-05 - Highway Patrol Retirement System › Chapter 71-05-07 - Return to Service › Section 71-05-07-02 - Return to service - Disabled member

Current through Supplement No. 393, July, 2024
If the recipient of a disability benefit returns to work,
				  said member is responsible for reporting employment to the public employees
				  retirement system.
1. If a member is
				working in a permanent full-time position and is eligible to participate in the
				North Dakota highway patrolmen's retirement system, monthly benefits from the
				North Dakota highway patrolmen's retirement system must be suspended. If an
				individual is not able to continue employment for a consecutive period of time
				resulting in nine months of service credit as a result of the disability and
				continues to meet eligibility requirements under the plan, that member may
				resume disability status with the North Dakota highway patrolmen's retirement
				system.
2. If a member is receiving
				disability benefits from the North Dakota highway patrolmen's retirement
				system, and returns to substantial gainful activity in employment not covered
				under the highway patrolmen's retirement system, the disability benefit may
				continue for up to nine consecutive months. If the individual is not able to
				continue employment for a consecutive period of time resulting in nine months
				of service credit as a result of the disability and continues to meet
				eligibility requirements under the plan, that member may continue disability
				status with the North Dakota highway patrolmen's retirement system.
3. If a member becomes ineligible for a
				disability benefit from the North Dakota highway patrolmen's retirement system,
				the disability benefit will be discontinued on the date the member becomes
				ineligible for disability status.
General Authority:
NDCC 39-03.1-06
Law Implemented:
NDCC
					 39-03.1-11
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-05 - Highway Patrol Retirement System › Chapter 71-05-08 - Qualified Domestic Relations Orders › Section 71-05-08-01 - Payment in accordance with qualified domestic relations orders

Current through Supplement No. 393, July, 2024
Retirement benefits must be paid in accordance with any
				  qualified domestic relations order (QDRO) issued in compliance with subsection
				  4 of North Dakota Century Code section
				  39-03.1-11.
General Authority: NDCC
					 39-03.1-14.2
Law
					 Implemented: NDCC
					 39-03.1-14.2
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-05 - Highway Patrol Retirement System › Chapter 71-05-08 - Qualified Domestic Relations Orders › Section 71-05-08-02 - Qualified domestic relations orders procedures

Current through Supplement No. 393, July, 2024
1. Upon receipt of a proposed domestic
				relations order, the public employees retirement system shall send an initial
				notice to each person named therein, including the member and the alternate
				payee named in the order, together with an explanation of the procedures
				followed by the fund.
2. If a
				member who is not in pay status at the time the proposed domestic relations
				order, or notice of intent to submit a proposed domestic relations order, was
				received from the member, the member's legal representative, or an individual
				authorized to receive confidential information under subsection 8 of North
				Dakota Century Code section
				39-03.1-28, makes application for
				a lump sum distribution due to termination of employment, the application for
				lump sum distribution will be held until such time as the proposed domestic
				relations order is determined to be qualified and a certified copy of such
				order is received at the North Dakota public employees retirement system office
				or until the end of the eighteen-month review period, or until the North Dakota
				public employees retirement system office receives notice that a proposed
				domestic relations order will not be submitted, whichever occurs
				first.
3. Upon receipt of a
				domestic relations order, the public employees retirement system shall review
				the domestic relations order to determine if it is a qualified order as
				established by the model language format specified by the board.
4. The domestic relations order shall be
				considered a qualified order when the executive director notifies the parties
				the order is approved and a certified copy of the court order has been
				submitted to the office.
5. If the
				order becomes qualified, the executive director shall:
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.
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-05 - Highway Patrol Retirement System › Chapter 71-05-09 - Indexing Final Average Salary for Vested Terminated Contributors › Section 71-05-09-01 - Calculation of final average salary increase for deferred vested contributors

Current through Supplement No. 393, July, 2024
Final average salary used for calculating deferred vested
				  retirement benefits for contributors who terminate with ten or more years of
				  service in the highway patrol retirement system must be increased on an annual
				  basis following the contributor's termination date until the date the
				  contributor begins to receive retirement benefits.
The increase must be approximately equal to or less than the
				  annual salary increase provided by law to state employees at a rate set by the
				  board upon the recommendation of the plan's actuary.
If the increase is for a period of less than twelve months,
				  the increase must be in proportion to the number of months in the period.
General Authority: NDCC
					 39-03.1-06
Law
					 Implemented: NDCC
					 39-03.1-11(5)
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-05 - Highway Patrol Retirement System › Chapter 71-05-09 - Indexing Final Average Salary for Vested Terminated Contributors › Section 71-05-09-02 - Multiple plan members

Current through Supplement No. 393, July, 2024
If a contributor has a combination of ten years of cumulative
				  service with the public employees retirement system, the teachers' fund for
				  retirement, and the highway patrol retirement system, a contributor's final
				  average salary for the highway patrol retirement system must be increased in
				  the manner provided for in section
				  71-05-09-01.
General Authority: NDCC 39-01.1-11,
					 39-03.1-06
Law
					 Implemented: NDCC
					 39-03.1-11(5),
					 39-03.1-14.1(1)
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-06 - Retiree Health Insurance Credit › Chapter 71-06-01 - Retiree Health Insurance Credit › Section 71-06-01-01 - Eligibility for retiree health insurance credit applied to premiums for annuitants and surviving spouses under the North Dakota public employees retirement system, the North Dakota highway patrolmen's retirement system, the retired judges under North Dakota Century Code chapter 27-17, annuitants of the job service retirement program, and former participating members of the defined contribution retirement plan receiving periodic distributions

Current through Supplement No. 393, July, 2024
All receiving members of the public employees retirement
				  system, highway patrolmen's retirement system, judges retirement system,
				  retired judges under North Dakota Century Code chapter 27-17, and annuitants of
				  the job service retirement program will be eligible for retiree health credit
				  applied to premiums that satisfy the enrollment requirements of section
				  71-03-03-05, with the exception of
				  those receiving members who are receiving their benefit based on prior service
				  credits rather than the defined benefits program. Vested members deferring
				  benefits will not be eligible until payment of benefits commences. A former
				  participating member of the defined contribution retirement plan is similarly
				  eligible for retiree health credit applied to premiums that satisfy the
				  enrollment requirements of section
				  71-03-03-05, if the former
				  participating member would qualify for one of the retirement dates set forth in
				  subsection 3 of North Dakota Century Code section
				  54-52-17 if that former
				  participating member was a member of the defined benefit retirement plan.
General Authority: NDCC
					 54-52.1-03.2(b)
Law Implemented: NDCC
					 54-52.1-03.3
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-06 - Retiree Health Insurance Credit › Chapter 71-06-01 - Retiree Health Insurance Credit › Section 71-06-01-03 - For retirees receiving more than one benefit entitled to retiree health insurance credit

Current through Supplement No. 393, July, 2024
1. If a retiree is receiving more than one
				benefit from the public employees retirement system, or other participating
				system; one as a surviving spouse, and the other based upon the retiree's own
				service credit, the retiree health insurance credit for each benefit will be
				combined with an effective date based on eligibility in accordance with North
				Dakota Century Code section
				54-52.1-03.3.
2. If the retiree was employed by a political
				subdivision which does not participate in the public employees retirement
				system health plan, and is drawing a retirement benefit or a surviving spouse
				benefit, the individual may receive the retiree health insurance credit as any
				other retiree based upon a retiree premium.
3. If a husband and wife are both receiving a
				benefit from a retirement system that provides the retiree health insurance
				credit, the retiree health insurance credit will be applied as follows:
a. Each will have their respective retiree
				health insurance credit reimbursed for their respective premiums.
b. If only one retiree takes a family health
				plan under the uniform group health insurance program, they may make
				application with the public employees retirement system to combine retiree
				health insurance credits.
Retirees are responsible for making application with the
				  public employees retirement system to combine and discontinue combining retiree
				  health insurance credits.
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-06 - Retiree Health Insurance Credit › Chapter 71-06-01 - Retiree Health Insurance Credit › Section 71-06-01-05 - Member contributions

Current through Supplement No. 393, July, 2024
Any member contribution received for purposes of retiree
				  health insurance credit must be refunded without interest to any member who
				  terminates employment and who receives a refund of retirement contributions.
General Authority: NDCC
					 54-52.1-03.2(b)
Law Implemented: NDCC
					 54-52.1-01
					 (1)(c)
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-06 - Retiree Health Insurance Credit › Chapter 71-06-01 - Retiree Health Insurance Credit › Section 71-06-01-06 - Erroneous crediting of the retiree health insurance credit

Current through Supplement No. 393, July, 2024
If an error occurs in granting retiree health insurance
				  credit, the error shall be corrected the first of the month following discovery
				  of the error in accordance with sections
				  71-02-04-10 and
				  71-02-04-11, except any
				  underpayment of the retiree health insurance credit under this chapter must be
				  returned to the uniform group insurance program where it will be treated as an
				  overpayment of premium and paid in a lump sum within sixty days of the
				  discovery of the error.
General Authority: NDCC
					 54-52.1-03.2,
					 54-52.1-03.3
Law
					 Implemented: NDCC
					 54-52.1-03.2,
					 54-52.1-03.3
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-06 - Retiree Health Insurance Credit › Chapter 71-06-01 - Retiree Health Insurance Credit › Section 71-06-01-06.1 - Retroactive payment of the retiree health insurance credit

Current through Supplement No. 393, July, 2024
Retroactive payments will be as reflected in chapters
				  71-02-04 and 71-02-05.
Retroactive payments will be made to the date the member was
				  eligible for the disability benefits, in coordination with the first month the
				  member was responsible for payment of the public employees retirement system
				  group health insurance.
The date of eligibility for the retiree health insurance
				  credit will be determined:
1. For a
				deceased, active member's surviving spouse, when the application for retirement
				benefits is received.
2. For a
				deceased retiree's surviving spouse, eligibility for the retiree health
				insurance credit is applied the first of the month following the member's date
				of death.
General Authority: NDCC
					 54-52-04
Law
					 Implemented: NDCC
					 54-52.1-03.3
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-06 - Retiree Health Insurance Credit › Chapter 71-06-01 - Retiree Health Insurance Credit › Section 71-06-01-07 - Optional benefits

Current through Supplement No. 393, July, 2024
A married member may elect to receive one of the following
				  optional retiree health credit benefits in lieu of the retiree health insurance
				  credit option provided in this chapter:
1.
Fifty percent joint and survivor
				benefit.
A member shall receive an actuarially reduced retiree health
				insurance credit during the member's lifetime and after the member's death
				one-half the rate of the reduced benefit will be continued to the member's
				surviving spouse during the spouse's lifetime. The designated beneficiary is
				limited to the member's spouse. Benefits shall terminate in the month in which
				the death of the beneficiary occurs. If the member's spouse predeceases the
				member or, in the event of divorce, the member's benefit must be returned to
				the standard option amount. The standard option amount must commence on the
				first day of the month following the spouse's death if a death certificate has
				been submitted or, in the event of divorce, a photocopy of the divorce
				decree.
2.
One hundred
				percent joint and survivor benefit.
A member shall receive an
				actuarially reduced retiree health insurance credit during the member's
				lifetime and after the member's death the same amount will be continued to the
				member's surviving spouse during the spouse's lifetime. The designated
				beneficiary is limited to the member's spouse. Benefits shall terminate in the
				month in which the death of the beneficiary occurs. If the member's spouse
				predeceases the member or, in the event of divorce, the member's benefit must
				be returned to the standard option amount. The standard option amount shall
				commence on the first day of the month following the spouse's death providing
				written notification of the death and a death certificate has been submitted
				or, in the event of divorce, a photocopy of the divorce decree.
General Authority:
NDCC
					 54-52.1-03.2(b)
Law Implemented:
NDCC
					 54-52.1-03.3
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-06 - Retiree Health Insurance Credit › Chapter 71-06-01 - Retiree Health Insurance Credit › Section 71-06-01-08 - Vesting in retiree health credit for members of the defined contribution retirement plan

Current through Supplement No. 393, July, 2024
Notwithstanding section
				  71-02-03-01.1, members of the
				  defined contribution retirement plan vest in their retiree health credit in the
				  same manner as members of the retirement program to which they would belong if
				  they had not elected to participate in the defined contribution retirement
				  plan, including the earning of service credit, the reduction for early
				  retirement, and credit granted pursuant to section
				  71-02-03-01.
General Authority: NDCC
					 54-52.1-03.2(1 )(b)
Law Implemented: NDCC
					 54-52.1-03.3,
					 54-52.6-02
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-06 - Retiree Health Insurance Credit › Chapter 71-06-01 - Retiree Health Insurance Credit › Section 71-06-01-09 - Payment - Retiree health insurance credit benefits

Current through Supplement No. 393, July, 2024
Eligible retiree health insurance credit benefits that have
				  been substantiated by the office 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 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 54-52.1-03.2(b)
Law Implemented:
NDCC
					 54-52.1-03.3
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-06 - Retiree Health Insurance Credit › Chapter 71-06-01 - Retiree Health Insurance Credit › Section 71-06-01-10 - Withdrawal

Current through Supplement No. 393, July, 2024
Withdrawal under this chapter is governed by section
							 71-02-08-02.
General Authority:
NDCC  54-52-04
Law Implemented:
NDCC
								 54-52-02
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-07 - Pretax Benefits Program › Chapter 71-07-01 - General Organization › Section 71-07-01-01 - Plan document

Current through Supplement No. 393, July, 2024
The board must prepare a plan document for the pretax
				  benefits program. The plan document must meet applicable requirements of the
				  Internal Revenue Code. The board must annually review any plan document updates
				  prior to the beginning of each new plan year if necessary due to changes in
				  federal law. Modifications must be made to reflect changes in the program and
				  to maintain a qualifiable program pursuant to the Internal Revenue
				  Code.
General Authority:
NDCC
					 54-52-04,
					 54-52.3-02
Law Implemented:
NDCC
					 54-52.3-02
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-07 - Pretax Benefits Program › Chapter 71-07-01 - General Organization › Section 71-07-01-02 - Summary plan document

Current through Supplement No. 393, July, 2024
Upon request of the employee, the retirement board shall make
				  available a descriptive booklet setting forth the enrollment requirements of
				  the plan and explanation of the pretax benefits program under section 125 of
				  the Internal Revenue Code.
General Authority: NDCC
					 54-52-04
Law
					 Implemented: NDCC
					 54-52.3-02
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-07 - Pretax Benefits Program › Chapter 71-07-01 - General Organization › Section 71-07-01-03 - Program moneys

Current through Supplement No. 393, July, 2024
Within six months of the end of the plan year, the executive
				  director must return to the payroll clearing account any surplus in the pretax
				  benefits account. Surplus includes employer Federal Insurance Contributions Act
				  tax savings and forfeited employee account balances not used to offset the
				  administrative expenses of the program, negative account balances, and the
				  projected funds necessary to provide for short-term cashflow requirements when
				  paying claims in the new plan year for the medical spending account.
General Authority: NDCC
					 54-52-04
Law
					 Implemented: NDCC
					 54-52.3-06
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-08 - Defined Contribution Retirement Plan › Chapter 71-08-01 - Election and Transfer › Section 71-08-01-01 - Ability to elect to transfer into the defined contribution retirement plan

Current through Supplement No. 393, July, 2024
Once a member of the public employees retirement system under
				  North Dakota Century Code chapter 54-52 has declined or failed to elect to
				  transfer into the defined contribution retirement plan, that member may not
				  later elect to transfer unless one of the following applies:
1. The member is appointed or elected to a
				new office that is eligible for the defined contribution retirement plan.
2. The member leaves eligible
				employment and later reacquires eligible employment.
General Authority: NDCC
					 28-32-02(1)
Law Implemented: NDCC
					 54-52.6-02
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-08 - Defined Contribution Retirement Plan › Chapter 71-08-01 - Election and Transfer › Section 71-08-01-02 - Vesting in transferred accumulated fund balance

Current through Supplement No. 393, July, 2024
Vesting in that portion of the accumulated fund balance
				  attributable to the employer's contribution which is transferred from the
				  defined benefit public employees retirement system pursuant to North Dakota
				  Century Code section
				  54-52.6-03 will follow the same
				  schedule provided in North Dakota Century Code section
				  54-52.6-10.
General Authority: NDCC
					 28-32-02(1)
Law Implemented: NDCC
					 54-52.6-03,
					 54-52.6-10
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-08 - Defined Contribution Retirement Plan › Chapter 71-08-01 - Election and Transfer › Section 71-08-01-03 - Spousal signature requirements

Current through Supplement No. 393, July, 2024
For purposes of the spousal signature requirements of
				  subsection 4 of North Dakota Century Code section
				  54-52.6-02 and North Dakota
				  Century Code section
				  54-52.6-11, extenuating
				  circumstances alleviating the requirement of a spouse's signature are only
				  present if the board determines the spouse is unavailable for the entire
				  election period or the member has a power of attorney over the spouse which
				  would legally allow the member to sign for the spouse.
General Authority: NDCC
					 28-32-02(1)
Law Implemented: NDCC
					 54-52.6-02(4),
					 54-52.6-11
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-08 - Defined Contribution Retirement Plan › Chapter 71-08-01 - Election and Transfer › Section 71-08-01-04 - Transfer of members with qualified domestic relations orders on their accounts

Current through Supplement No. 393, July, 2024
Members of the public employees retirement system under North
				  Dakota Century Code chapter 54-52 who have a valid qualified domestic relations
				  order on their account may only transfer to the defined contribution retirement
				  plan if they obtain a new qualified domestic relations order from the
				  applicable court. The account shall not be transferred unless both the
				  participating member and the member's ex-spouse agree to transfer to the
				  defined contribution retirement plan.
General Authority: NDCC
					 28-32-02(1)
Law Implemented: NDCC
					 54-52.6-12
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-08 - Defined Contribution Retirement Plan › Chapter 71-08-01 - Election and Transfer › Section 71-08-01-05 - Transfer amount of persons transferring into eligible employment after December 31, 1999

Current through Supplement No. 393, July, 2024
The amount the board shall transfer for persons beginning or
				  transferring to eligible employment after December 31, 1999, shall equal the
				  actual employer and employee contributions plus interest, as provided in
				  subsection 2 of North Dakota Century Code section
				  54-52.6-03.
General Authority: NDCC
					 28-32-02(1)
Law Implemented: NDCC
					 54-52.6-03
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-08 - Defined Contribution Retirement Plan › Chapter 71-08-01 - Election and Transfer › Section 71-08-01-06 - Public employees retirement system retirees not eligible to transfer upon return to work

Current through Supplement No. 393, July, 2024
A member of the public employees retirement system defined
				  benefit plan who has retired and received a retirement annuity and later
				  returns to work in a position that is eligible for the defined contribution
				  retirement plan is nonetheless ineligible to transfer into the defined
				  contribution retirement plan and must remain a member of the public employees
				  retirement system.
General Authority: NDCC
					 28-32-02(1)
Law Implemented: NDCC
					 54-52.6-02
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-08 - Defined Contribution Retirement Plan › Chapter 71-08-01 - Election and Transfer › Section 71-08-01-07 - Late election opportunity

Current through Supplement No. 393, July, 2024
An eligible member who is not provided a timely opportunity
				  to enroll in the defined contribution plan within the first six months of
				  employment may be provided additional time to make an election if:
1. The executive director determines that the
				member was not given an election opportunity within the first six months of
				employment. The executive director shall then give the member a special
				enrollment opportunity of three months beginning from the date a new enrollment
				packet is mailed to the member.
2.
				The board determines that member was not given timely notice or the memberwas
				unable to make an election within the first six months. If the board determines
				that the member should have an additional election opportunity, the member
				shall have three months from the date a new enrollment packet is mailed to the
				member.
General Authority: NDCC
					 28-32-02(1)
Law Implemented: NDCC
					 54-52.6-02
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-08 - Defined Contribution Retirement Plan › Chapter 71-08-01 - Election and Transfer › Section 71-08-01-08 - Transfer of funds

Current through Supplement No. 393, July, 2024
Pursuant to subdivision a of subsection 4 of North Dakota
				  Century Code section
				  15-10-17, funds may be transferred
				  on behalf of those persons who are eligible through their employment with the
				  state board of higher education. The following requirements apply:
1. Applicant must file a completed
				application for the teachers' insurance and annuity association of America -
				college retirement equities fund.
2. Notice of termination and verification of
				teachers' insurance and annuity association of America - college retirement
				equities fund eligibility must be filed by either the applicant or appropriate
				payroll officer.
3. A
				participating member is eligible to transfer that person's accumulated balance
				in the plan upon becoming a former participating member.
General Authority: NDCC
					 15-10-17
Law
					 Implemented: NDCC
					 15-10-17