N.D. Cent. Code § 54-52-02.9

Current through 2023 Legislative Sessions
Section 54-52-02.9 - [Effective on the date which must be before 1/1/2025, identified in a certification by the retirement board, only if the board certifies to the legislative council that the public employees retirement system is prepared to close the main system defined benefit retirement plan on the day before the date identified by the board, and to open the new defined contribution retirement plan on the date identified by the board] Participation by temporary employees
1. Before the effective date of this Act, within one hundred eighty days of beginning employment, a temporary employee may elect to participate in the public employees retirement system under this chapter and receive credit for service after enrollment. Monthly, the temporary employee shall pay to the fund an amount equal to fourteen and twelve hundredths percent times the temporary employee's present monthly salary. The amount required to be paid by a temporary employee increases by one percent times the temporary employee's present monthly salary beginning with the monthly reporting period of January 2025.
2. If the temporary employee first enrolled:
a. Before January 1, 2020, in addition the temporary employee shall pay the required monthly contribution to the retiree health benefit fund established under section 54-52.1-03.2. This contribution must be recorded as a member contribution pursuant to section 54-52.1-03.2.
b. After December 31, 2019, the temporary employee shall pay to the fund an additional amount equal to one and fourteen hundredths percent times the temporary employee's present monthly salary.
3. A temporary employee who is a participating member under this chapter due to employment before the effective date of this Act, who becomes a permanent employee after the day before the effective date of this Act, qualifies to participate in the defined benefit retirement plan under this chapter and receive credit for service after enrollment.
4. After the day before the effective date of this Act, and within one hundred eighty days of beginning employment, a temporary employee may elect to participate in the defined contribution retirement plan under chapter 54-52.6.
5. An employer may not pay the temporary employee's contributions. A temporary employee may continue to participate as a temporary employee in the public employees retirement system until termination of employment or reclassification of the temporary employee as a permanent employee. A temporary employee may not purchase any additional credit, including additional credit under section 54-52-17.4 or past service under section 54-52-02.6.

N.D.C.C. § 54-52-02.9

Amended by S.L. 2023SP1, ch. 644 (HB 1548),§ 4, eff. on the date which must be before 1/1/2025, identified in a certification by the retirement board, only if the board certifies to the legislative council that the public employees retirement system is prepared to close the main system defined benefit retirement plan on the day before the date identified by the board, and to open the new defined contribution retirement plan on the date identified by the board.
Amended by S.L. 2023, ch. 47 (SB 2015),§ 37, eff. Amended by S.L. 2023, ch. 47 (SB 2015),§ 36, eff. 1/1/2024, if before that date the retirement board certifies to the legislative council that the public employees retirement system is prepared to close the main system defined benefit retirement plan on 12/31/2023, and to open the new defined contribution retirement plan on 1/1/2024, or on 1/1/2025, if this contingency is not satisfied.
Amended by S.L. 2023, ch. 514 (HB 1040),§ 4, eff. 1/1/2025.
Amended by S.L. 2019 , ch. 459( SB 2046 ), § 1, eff. 7/1/2019.
Amended by S.L. 2013 , ch. 431( HB 1452 ), § 5, eff. 7/1/2013.
Amended by S.L. 2011 , ch. 432( SB 2108 ), § 3, eff. 8/1/2011.
This section is set out more than once due to postponed, multiple, or conflicting amendments.