reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-02 - Public Employees Retirement System › Chapter 71-02-04 - Retirement Benefits › Section 71-02-04-04.1 - Benefit modifications

Current through Supplement No. 393, July, 2024
A member may elect as provided in section
				  71-02-04-02
				  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 normal retirement date. This option is an irrevocable election
				made at initial application for retirement, and is not an option for a
				subsequent retirement. The payment is equal to twelve monthly payments
				determined under the single life annuity option. The member is permitted to
				choose one of the optional forms of payment as defined in section
				71-02-04-04 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 normal
				retirement date. This option is an irrevocable election made at initial
				application for retirement, and is not an option for a subsequent 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
				member is permitted to choose one of the optional forms of payment as defined
				in section
				71-02-04-04.
				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 made at initial application for retirement, and is not an option for a
				subsequent retirement. The member is permitted to choose one of the optional
				forms of payment for ongoing benefits as defined in section
				71-02-04-04.
				The ongoing benefits will be actuarially reduced to reflect the election of the
				graduated benefit option.
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 71-02-04-05 - 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. Except in the case of the joint and
				  survivor option, a member shall have the right to change the member's
				  designation of beneficiary without the consent of the beneficiary, but no such
				  change shall be 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 member's spouse's
				  consent must be obtained before benefits can be paid other than to the member's
				  spouse.
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 71-02-04-07 - Amount of early retirement benefit

Current through Supplement No. 393, July, 2024
1. Except for a
				national guard security officer or firefighter or a peace officer or
				correctional officer employed by the bureau of criminal investigation or by a
				political subdivision, the early retirement benefit for members first enrolled
				prior to December 31, 2015, shall be an amount actuarially reduced from the
				single life retirement benefit by one-half of one percent for each month (six
				percent per year) that the member is younger than the age at which the member
				would be at the member's normal retirement date on the date of the member's
				early retirement benefit effective date.
2. For a national guard security officer or
				firefighter or a peace officer or correctional officer employed by the bureau
				of criminal investigation or by a political subdivision, the early retirement
				benefit must be an amount actuarially reduced from the single life 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
					 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 71-02-04-09 - Dual membership - Receipt of retirement benefits while contributing to the teachers' fund for retirement, the highway patrolmen's retirement system, or the teachers' insurance and annuity association of America - college retirement equities fund

Current through Supplement No. 393, July, 2024
Dual members must select one of the following options:
1. Begin receiving retirement benefits from
				one plan prior to ceasing employment covered by the alternate plan, subject to
				termination of employment or termination of participation.
2. Begin receiving retirement benefits from
				one plan and begin work in a job covered by the alternate plan. If this option
				is chosen, benefits will be calculated based on the method provided in
				subsection 2 of North Dakota Century Code section
				54-52-17.2.
3. Continue as a dual member and begin
				receiving retirement benefits from both plans after ceasing
				employment.
General Authority:
NDCC
					 54-52-04,
					 54-52-17,
					 54-52-17.2
Law Implemented:
NDCC
					 54-52-17,
					 54-52-17.2
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-02 - Public Employees Retirement System › Chapter 71-02-04 - Retirement Benefits › Section 71-02-04-09.1 - Dual membership limitations

Current through Supplement No. 393, July, 2024
The following limitations apply when a member elects an
				  option under subsection 1 of section
				  71-02-04-09.
1. Eligible service credit may be used for
				vesting purposes and determining when the dual member may begin drawing normal
				retirement benefits. A member may begin drawing retirement benefits from one
				fund and use the same years, and any additional years, for reaching retirement
				from the alternate fund if the service credit is earned at different
				times.
2. If a dual member elects
				to receive retirement benefits as provided in subsection 1 of section
				71-02-04-09, the final average
				salary, service credit, and member's age used to calculate the benefit that is
				applicable at the time retirement benefits begin may not be adjusted after the
				benefit effective date.
3. The
				salary used in calculating the retirement benefit must be provided in writing
				by the alternate retirement system. Months not employed are excluded for the
				purpose of computing the final average salary. If a dual member works less than
				thirty-six months at retirement, the final average salary is the average salary
				for total months of employment.
General Authority:
NDCC
					 54-52-04,
					 54-52-17,
					 54-52-17.2
Law Implemented:
NDCC
					 54-52-17,
					 54-52-17.2
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-02 - Public Employees Retirement System › Chapter 71-02-04 - Retirement Benefits › Section 71-02-04-11 - 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 simple interest at the rate of six percent from the
				time the underpayment occurred.
4.
				If the underpayment of benefits was the result, in whole or in part, of the
				wrongdoing, negligence, misrepresentation, or omission of the employer or
				recipient, the underpayment of benefits will not include simple
				interest.
5. If an individual dies
				prior to receiving the underpayment of benefits, the 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 54-52-04,
					 54-52-17
Law Implemented:
NDCC 39-03.1-25,
					 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 71-02-04-12 - 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 71-02 - Public Employees Retirement System › Chapter 71-02-04 - Retirement Benefits › Section 71-02-04-13 - Reduced benefit option

Current through Supplement No. 393, July, 2024
A participating member may enter into an agreement with the
				  retirement board to receive an actuarially adjusted monthly retirement benefit
				  to accommodate the less than full payment for years of service credit necessary
				  to meet the normal retirement date, if the following criteria are met:
1. The participating member is within
				seventy-two months of obtaining the normal retirement date.
2. The service cannot be purchased prior to
				the participating member drawing a retirement benefit because it would be in
				violation of  26 U.S.C. 415  or limits of purchasing additional service credit
				found under subsection 10 of North Dakota Century Code section
				54-52-17.4.
3. The participating
				member must have completed all other types of purchases the participating
				member is eligible for prior to entering into the reduced benefit
				agreement.
4. The participating
				member's reduced benefit agreement must indicate a benefit option election. If
				a benefit election is an optional benefit under subsection 1 or 2 of section
				71-02-04-04, the reduced benefit is payable over the lifetime of both the
				member and surviving spouse.
General Authority:
NDCC 54-52-04
Law Implemented:
NDCC 39-03.1-11,
					 54-52-17
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-02 - Public Employees Retirement System › Chapter 71-02-05 - Disability › Section 71-02-05-03 - Cancellation of disability benefit

Current through Supplement No. 393, July, 2024
When a member receiving a disability benefit attains the
				  member's normal retirement date, that member may elect to terminate that
				  member's disability benefits and draw retirement benefits as specified in North
				  Dakota Century Code section
				  54-52-17.
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 71-02-05 - Disability › Section 71-02-05-05 - Conditions for changing to a disability retirement benefit from an early reduced retirement benefit

Current through Supplement No. 393, July, 2024
A member may elect to start receiving an early reduced
				  retirement benefit, should the member be eligible to do so, pending a
				  disability determination or appeal. Upon receiving a disability determination,
				  interest accrual shall resume beginning the first of the month following notice
				  of the determination, continuing to accrue on the annuitant's accumulated
				  contribution until the annuitant reaches the annuitant's normal retirement
				  date. The disability benefit will be calculated and a differential payment made
				  retroactive to the first day of the month following the member's termination
				  from covered employment.
General Authority: NDCC
					 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 71-02-05 - Disability › Section 71-02-05-06 - Determination of disability - Procedures

Current through Supplement No. 393, July, 2024
1.
Application.
a. If the member is
				unable or unwilling to file a public employees retirement system application
				for disability retirement, the member's legal representative may file the
				member's disability application.
b.
				For the main system and the national guard and law enforcement system, the
				application must explain the cause of the disability, the limitations caused by
				the disability, the treatment being followed, and the effect of the disability
				on the individual's ability to be engaged in any gainful occupation for which
				the person is, or could become, reasonably fitted by education, training, or
				experience. For the judges' retirement plan, the application must explain the
				cause of the disability, the limitations caused by the disability, the
				treatment being followed, and the effect of the disability on the individual's
				ability to mentally or physically fulfill the duties and responsibilities of
				being a judge. A judge who is determined to be disabled pursuant to subdivision
				a of subsection 3 of North Dakota Century Code section 27-23-03 shall file an
				application documenting this determination and the effective date of the
				disability.
c. The application must
				be filed with the public employees retirement system and may not be filed
				earlier than one hundred twenty days before the expected termination
				date.
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-02 - Public Employees Retirement System › Chapter 71-02-05 - Disability › Section 71-02-05-07.1 - Judges' retirement plan optional benefits

Current through Supplement No. 393, July, 2024
Forthejudges' retirement plan, an individual deemed eligible
				  for a disability benefit may elect, as provided in this section, to receive one
				  of the following optional benefits in lieu of the regular disability benefit.
1.
One hundred percent joint
				survivor benefit.
A member shall receive an actuarially reduced
				disability retirement benefit as long as the member remains eligible for
				benefits under subdivision e of subsection 3 of North Dakota Century Code
				section 54-52-17 and after the member's
				death the same amount will be continued to the member's surviving spouse during
				the spouse's lifetime. The designated beneficiary is limited to the member's
				spouse. Payments of benefits to a member's surviving spouse must be made on the
				first day of each month commencing on the first day of the month following the
				member's death, provided the beneficiary is still living and has supplied a
				marriage certificate and the member's death certificate. Benefits terminate in
				the month in which the death of the beneficiary occurs. In the event the
				designated beneficiary predeceases the member or, in the event of divorce, the
				option must be canceled and the member's benefit must be returned to the normal
				retirement amount. Payment of the normal retirement amount must commence on the
				first day of the month following the spouse's death providing written
				notification of death and a death certificate has been submitted or, in the
				event of divorce, a photocopy of the divorce decree.
2.
Twenty-year or ten-year certain
				option.
A member may 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
					 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 71-02-05 - Disability › Section 71-02-05-08 - Transitional period

Current through Supplement No. 393, July, 2024
For purposes of providing a transition period during the
				  twelve-month application period provided under previous law, amendments to
				  chapter 71-02-05 dated January 1, 1992, apply to disabled employees who
				  terminated on or after July 1, 1991. However, the previous rules will continue
				  in effect for disabled employees who terminated before July 1, 1991.
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 71-02-05 - Disability › Section 71-02-05-09 - Interest accrual on accumulated contributions for disabled annuitants

Current through Supplement No. 393, July, 2024
Effective January 1, 1998, interest must accrue on
				  accumulated contributions as defined in article 71-02 until the disabled
				  annuitant reaches that person's normal retirement age, cancels the benefit in
				  accordance with section
				  71-02-05-03, the account is
				  closed, or until benefit payments commence to the member's beneficiary.
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 71-02-06 - Contributions › Section 71-02-06-01 - Conditions for return

Current through Supplement No. 393, July, 2024
The accumulated contributions of a member who terminates
				  permanent employment:
1. Before
				accumulating three years of service credit and whose account balance is less
				than one thousand dollars shall be automatically refunded unless the member
				elects to remain in an inactive status.
2. After accumulating three years of service
				credit shall be refunded upon application filed with the executive
				director.
3. The termination date
				for purposes of processing an application for refund or rollover 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 if 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 54-52-06,
					 54-52-17
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-02 - Public Employees Retirement System › Chapter 71-02-06 - Contributions › Section 71-02-06-02 - Effect of return

Current through Supplement No. 393, July, 2024
Refund of accumulated contributions shall cancel all service
				  credit accumulated prior to the refund and shall extinguish the right to any
				  benefits provided by North Dakota Century Code chapter 54-52. Any former member
				  returning their refund, with interest at the actuarial rate of return, within
				  sixty days from withdrawal must be reinstated.
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 71-02-06 - Contributions › Section 71-02-06-04 - Adjustment for bonuses, profit sharing, and contributions paid in a month other than month earned

Current through Supplement No. 393, July, 2024
Adjustments for the following must be made for all
				  members:
1. Participating employers
				shall report bonuses or profit-sharing amounts paid when remitting the
				contribution associated with the bonus. Recruitment and retention bonuses under
				North Dakota Century Code section 54-06-31 are not eligible for consideration
				as salary and no contributions associated with those types of bonuses shall be
				submitted.
2. Bonuses or
				profit-sharing amounts paid by a participating employer other than pursuant to
				North Dakota Century Code section 54-06-31 will be retroactively prorated over
				the applicable prior twelve month period. Bonuses or profit-sharing amounts may
				not be submitted to the public employees retirement system for future
				months.
3. Upon receiving notice of
				contributions received in a month other than the month earned, the office will
				assign contributions to the appropriate month.
General Authority:
NDCC 54-52-04
Law Implemented:
NDCC 54-52-05,
					 54-52-06
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-02 - Public Employees Retirement System › Chapter 71-02-06 - Contributions › Section 71-02-06-05 - Basis for calculating contributions - Salary reduction -Salary deferral arrangements

Current through Supplement No. 393, July, 2024
1. Amounts
				deducted from a member's salary at the member's option to a qualified section
				125 cafeteria plan, 401 (k) plan, 403(b) plan, or 457 plan are part of wages or
				salary when calculating retirement contributions.
2. Employee contributions paid by the
				employer under IRC 414(h) pursuant to a salary reduction agreement do not
				reduce wages or salary when calculating retirement contributions.
3. Amounts contributed to a qualified section
				125 cafeteria plan, 401 (k) plan, 403(b) plan, or 457 plan by the employer are
				not part of wages or salary when calculating retirement contributions.
General Authority: NDCC
					 54-52-04
Law
					 Implemented: NDCC
					 54-52-05,
					 54-52-06
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-02 - Public Employees Retirement System › Chapter 71-02-06 - Contributions › Section 71-02-06-06 - Employer payment of employee contributions

Current through Supplement No. 393, July, 2024
1. A
				written election submitted under subsection 3 of North Dakota Century Code
				section 54-52-05 shall be reported to the board a minimum of thirty-one days
				prior to the effective date.
2. An
				employer may not discriminate in its contributions to eligible participating
				employees within the same plan under North Dakota Century Code section
				54-52-05.
General Authority:
NDCC 54-52-04
Law Implemented:
NDCC
					 54-52-05
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-02 - Public Employees Retirement System › Chapter 71-02-06 - Contributions › Section 71-02-06-07 - Employer contribution - National guard/law enforcement

Current through Supplement No. 393, July, 2024
As part of its annual actuarial evaluation, the board shall
				  determine the amount required to support the level of benefits for national
				  guard/law enforcement specified in North Dakota Century Code section
				  54-52-17. The board shall set the
				  employer's contribution rate on a biennial basis, but may adjust that rate if
				  it is actuarially necessary to maintain appropriate funding
				  levels.
General Authority:
NDCC
					 54-52-04
Law Implemented:
NDCC
					 54-52-06.4
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-02 - Public Employees Retirement System › Chapter 71-02-06 - Contributions › Section 71-02-06-08 - Retirement contributions for individuals working less than a forty-hour workweek

Current through Supplement No. 393, July, 2024
Retirement contributions must be made on wages paid to
				  eligible permanent employees who are regularly scheduled for less than forty
				  hours per week but who work at least twenty hours per week during a
				  twelve-month period.
General Authority: NDCC
					 54-52-04
Law
					 Implemented: NDCC
					 54-52-05,
					 54-52-06
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-02 - Public Employees Retirement System › Chapter 71-02-06 - Contributions › Section 71-02-06-09 - Individual employee incentive payments

Current through Supplement No. 393, July, 2024
Individual employee incentive payments received under North
				  Dakota Century Code section
				  54-06-24 or similar programs are
				  not considered to be salary and are not subject to retirement contributions.
General Authority: NDCC
					 54-52-04
Law
					 Implemented: NDCC
					 54-52-01(19),
					 54-52-05,
					 54-52-06
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-02 - Public Employees Retirement System › Chapter 71-02-06 - Contributions › Section 71-02-06-10 - 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 term ination 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. Interest at
				the rate of seven percent must be used in calculating interest on the nonvested
				employer contribution, beginning from the date of first contribution through
				the date of transfer to the teachers' insurance and annuity association of
				America - college retirement equities fund.
General Authority: NDCC
					 54-52-04
Law
					 Implemented: NDCC
					 15-10-17
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-02 - Public Employees Retirement System › Chapter 71-02-06 - Contributions › Section 71-02-06-11 - Transfer date

Current through Supplement No. 393, July, 2024
Transfer of funds will be sent to the teachers' insurance and
				  annuity association of America - college retirement equities fund program
				  within six months of receiving the application package. Any application
				  received prior to the applicant's eligibility to participate in the alternate
				  retirement program will be considered ineffective and the applicant shall
				  reapply upon achieving eligible status.
General Authority: NDCC
					 54-52-04
Law
					 Implemented: NDCC
					 15-10-17
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-02 - Public Employees Retirement System › Chapter 71-02-06 - Contributions › Section 71-02-06-12 - Employee-paid contributions - Repayment options

Current through Supplement No. 393, July, 2024
If the office determines that any required employee-paid
				  contributions have not been made, the cost of any required employee-paid
				  contributions may be paid in a lump sum or in installments in a manner
				  consistent with installment payments permitted under section
				  71-02-03-02.2.
General Authority:
NDCC
					 54-52-04
Law Implemented:
NDCC
					 39-03.1-09,
					 54-52-02.9,
					 54-52-05,
					 54-52-06.1,
					 54-52-06.3,
					 54-52-06.4
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-02 - Public Employees Retirement System › Chapter 71-02-06 - Contributions › Section 71-02-06-13 - Refusal of interest on contributions

Current through Supplement No. 393, July, 2024
A member or beneficiary may decline to receive interest on
				  the member's contributions and vested employer contributions, if any, by
				  notifying the public employees retirement system, in writing, of that decision
				  when the member or beneficiary applies for a distribution of the accumulated
				  contributions. A member or beneficiary who does so waives any right to that
				  interest.
General Authority:
NDCC 54-52-04
Law Implemented:
NDCC 39-03.1-09, 54-52-02.9,
					 54-52-05, 54-52-06.1, 54-52-06.3,
					 54-52-06.4
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-02 - Public Employees Retirement System › Chapter 71-02-07 - Return to Service › Section 71-02-07-02 - Return to service - Retired member

Current through Supplement No. 393, July, 2024
The benefits of a retired member who returns to permanent
				  employment shall be suspended without interest accruing on the suspended
				  account, except as provided in subsection 1 of North Dakota Century Code
				  section 54-52-05. 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
				calculated benefit shall 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 credits 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
				71-02-04-04
				applies to the member's initial and subsequent retirement benefit
				calculation.
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 71-02-07 - Return to Service › Section 71-02-07-03 - Return to service - Disabled member

Current through Supplement No. 393, July, 2024
If the recipient of a disability benefit under North Dakota
				  Century Code chapter 54-52 returns to work, that 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 public employees
				retirement system, monthly benefits from the public employees retirement system
				must be suspended. 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 resume disability status with the public employees
				retirement system.
2. If a member
				returns to substantial gainful activity in employment not covered under the
				public employees retirement system, the disability benefit may continue for up
				to nine consecutive months. If the individual is not able to continue
				employment for at least nine months as a result of the disability and continues
				to meet eligibility requirements under the plan, the member may continue
				disability status with the public employees retirement system.
3. Upon subsequent termination and
				retirement, the member is required to select the same benefit option as the
				option selected at initial retirement.
4. If a member dies during subsequent
				employment, the member's initial retirement benefit option election applies and
				the date of death is considered the subsequent retirement date.
5. If a member's spouse dies during the
				subsequent employment of the member, section 71-02-04-04 applies to the
				member's initial and subsequent retirement benefit calculation.
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 71-02-08 - Participation by Governmental Units › Section 71-02-08-01 - Participation

Current through Supplement No. 393, July, 2024
Any governmental unit not participating in the retirement
				  system on July 1, 1977, may choose to participate in the retirement system and
				  may elect to purchase past service in accordance with North Dakota Century Code
				  section 54-52-02.1. If the governmental
				  unit elects to purchase past service and prior to the governmental unit's
				  governing authority contracting with the retirement board, the governmental
				  unit must furnish the board with information concerning the permanent employees
				  of the governmental unit. This information should contain, but is not limited
				  to (1) name; (2) social security number; (3) date of birth; (4) date of
				  employment; (5) current monthly salary; and (6) any previous public employment.
After receipt of this data, the retirement office will
				  calculate the cost to the governmental unit to participate in the retirement
				  plan as offered in North Dakota Century Code section
				  54-52-17. The governmental unit's
				  governing authority will then decide whether or not to participate in the plan
				  and whether or not to provide service credit for employment prior to the date
				  of participation.
General Authority: NDCC
					 54-52-04
Law
					 Implemented: NDCC
					 54-52-02.1
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-02 - Public Employees Retirement System › Chapter 71-02-08 - Participation by Governmental Units › Section 71-02-08-02 - Withdrawal

Current through Supplement No. 393, July, 2024
Any political subdivision may discontinue participation in the
							fund if the following requirements are met:
1. The political subdivision must provide the
						board with a copy of a resolution adopted by the governing authority authorizing
						the termination of participation in the fund.
2. Upon receiving a copy of the written
						resolution, an actuarial study must be done by the plan's actuary to determine
						the accrued benefit of all vested employees minus allocated assets from the date
						of participation. The interest assumption used must be two hundred basis points
						less than the plan's interest assumption used for funding purposes. The
						withdrawal liability must include an administrative expense assessment of five
						percent.
3. Any costs incurred by the
						fund, resulting from a political subdivision ceasing participation, including the
						actuarial fee study and the withdrawal liability, must be assessed against the
						political subdivision and paid in full before a political subdivision terminates
						its participation.
4. All employees
						of a political subdivision that has terminated participation in the fund must not
						be eligible for future benefit accruals or improvements granted to employees or
						former employees of participating governmental units after the date the
						employer's participation ceases.
5.
						An employee who is not vested at the time an employer ceases participation has
						the option of taking a refund or rollover of the employee's contribution plus
						interest.
General Authority:
NDCC  54-52-04
Law Implemented:
NDCC
								 54-52-02.1
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-02 - Public Employees Retirement System › Chapter 71-02-08 - Participation by Governmental Units › Section 71-02-08-05 - Merger of eligible employer groups

Current through Supplement No. 393, July, 2024
If a merger between two or more eligible employer groups
				  occurs, the following requirements apply:
1. Written notification must be provided to
				the office no later than sixty days before the merger is final.
2. When two or more employer groups merge
				into one, and all do not presently participate in the public employees
				retirement system, the units merging must decide upon one of the following:
a. The participating employer or employers
				may elect to cease participation as of the date of the merger, subject to
				payment of any actuarial liabilities accrued. An actuarial study must be
				conducted at the cost of the exiting employer upon providing the public
				employees retirement system with written notice of the employer's election to
				cease participation.
b. Subject to
				executing a revised participation agreement, eligible employees who have not
				previously participated shall be given the opportunity to participate or waive
				participation effective the date of the merger. Any person hired in an eligible
				position after the consolidation date must participate.
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-02 - Public Employees Retirement System › Chapter 71-02-09 - Review Procedure › Section 71-02-09-01 - Review procedure

Current through Supplement No. 393, July, 2024
A member who has received notice that the member's benefits
				  have been denied in whole or in part may within thirty days of receipt of such
				  notice secure review by written request addressed to the board in care of the
				  executive director of the public employees retirement system. The applicant has
				  the right to all relevant information available to the board and may submit
				  arguments or comments in writing. The board must render a decision within one
				  hundred twenty days after the request for a review is timely filed. The
				  decision by the board must be submitted to the applicant in writing and include
				  the specific reason or reasons for the decision and the specific references to
				  the provisions of the plan on which the decision is based.
General Authority: NDCC
					 54-52-04
Law
					 Implemented: NDCC
					 54-52-04
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-02 - Public Employees Retirement System › Chapter 71-02-09 - Review Procedure › Section 71-02-09-02 - Formal review procedure

Current through Supplement No. 393, July, 2024
If the initial decision is adverse to the applicant after
				  exhausting the administrative procedure under section
				  71-02-09-01, the applicant may
				  file a request for a formal hearing to be conducted under North Dakota Century
				  Code chapter 28-32. The request for a formal hearing must be filed within
				  thirty days after notice of the initial decision has been mailed or delivered.
				  If an appeal for a formal hearing is not filed within the thirty-day period,
				  the initial decision of the board is final. If a request for a formal hearing
				  is timely filed, notice of the hearing must be served at least thirty days
				  prior to the date set for the hearing. The board shall request appointment of
				  an administrative law judge from the office of administrative hearings to
				  conduct the hearing and make recommended findings of fact, conclusions of law,
				  and order. The board shall either accept the administrative law judge's
				  recommended findings of fact, conclusions of law, and order or adopt its own
				  findings of fact, conclusions of law, and order. The applicant may under North
				  Dakota Century Code section
				  28-32-42 appeal the final decision
				  resulting from this procedure to the district court.
General Authority: NDCC
					 54-52-04
Law
					 Implemented: NDCC
					 54-52-04
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-02 - Public Employees Retirement System › Chapter 71-02-10 - Qualified Domestic Relations Orders › Section 71-02-10-01 - 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 North
				  Dakota Century Code section
				  54-52-17.6.
General Authority: NDCC
					 54-52-04
Law
					 Implemented: NDCC
					 54-52-17.6
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-02 - Public Employees Retirement System › Chapter 71-02-10 - Qualified Domestic Relations Orders › Section 71-02-10-02 - 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
				54-52-26, 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 71-02 - Public Employees Retirement System › Chapter 71-02-11 - Uniformed Services Employment and Reemployment Rights Act › Section 71-02-11-01 - Eligibility requirements

Current through Supplement No. 393, July, 2024
To be eligible to receive service credit with North Dakota
				  public employees retirement system for military time under this chapter, a
				  veteran must have had an interruption of employment and been discharged under
				  honorable conditions.
General Authority: NDCC
					 54-52-04
Law
					 Implemented: NDCC
					 54-52-17.4(5),
					 54-52-17.14
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-02 - Public Employees Retirement System › Chapter 71-02-11 - Uniformed Services Employment and Reemployment Rights Act › Section 71-02-11-02 - Award of service credit

Current through Supplement No. 393, July, 2024
1. A
				veteran with eligible time may receive up to sixty months' credit upon proper
				application. A veteran eligible to receive service credit for military time
				must apply for and, if required to pay any portion of the employee
				contribution, purchase that time within the lesser of three times the length of
				active duty or five years from the date of the veteran's return to covered
				employment. Service credit will not be awarded until all required documentation
				is received by the North Dakota public employees retirement system. If payment
				of required employer and employee contributions is made, the service will be
				recognized for both benefit eligibility and benefit calculation purposes. If
				payment of required employer and employee contributions is not made, then the
				veteran's application for service will be recognized and credit will be used
				for benefit eligibility purposes only.
2. For persons employed by a political
				subdivision who will or have returned from an interruption of employment, the
				following applies:
a. If the employing
				political subdivision is not a participating employer in the North Dakota
				public employees retirement system and does not become one, no credit will be
				granted.
b. If the employing
				political subdivision joins the North Dakota public employees retirement system
				at a date later than the interruption of employment, and purchases prior
				service credit for its employees while the applicant is still employed, service
				will be granted as provided in subsection 1 of section
				71-02-11-02.
c. If the employing political subdivision
				joins the North Dakota public employees retirement system while the applicant
				is still employed, and prior service is not purchased on behalf of the
				employees, no credit will be given.
d. If a political subdivision joins the North
				Dakota public employees retirement system after an employee has terminated, no
				credit may be granted to said employee for interruption of employment.
North Dakota Administrative Code › Title 71 - Retirement Board › Article 71-02 - Public Employees Retirement System › Chapter 71-02-11 - Uniformed Services Employment and Reemployment Rights Act › Section 71-02-11-03 - Documentation requirements

Current through Supplement No. 393, July, 2024
The burden of proof will be on the member for providing
				  documentation necessary to determine what military time is eligible for service
				  credit. At a minimum, the following documentation is required before service
				  credit will be awarded:
1. The member
				must provide a legible copy of military discharge papers (DD214, DD215, or
				NGB22).
2. The member must provide
				proof of the last day of employment prior to reporting for active duty and the
				first day of employment following the return from active duty. This information
				must be certified by the authorized agent of the employing agency using a
				"Purchase Agreement for USERRA Covered Military Active Duty" or notice of
				change if returning from leave of absence.
3. The members requesting service credit for
				extended military terms must provide a legible copy of the appropriate military
				papers (DD214).
4. Members who
				elect to purchase military time must submit a completed purchase agreement.
General Authority: NDCC
					 54-52-04
Law
					 Implemented: NDCC
					 54-52-17.4(5),
					 54-52-17.14