N.D. Cent. Code § 54-52.6-03

Current through 2023 Legislative Sessions
Section 54-52.6-03 - [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] Transfer of accumulated fund balances
1. For an individual who elects under section 54-52.6-02 to terminate membership in the public employees retirement system under chapter 54-52, the board shall transfer a lump sum amount from the retirement fund to the participating member's account in the defined contribution retirement plan under this chapter. However, if the individual terminates employment before receiving the lump sum transfer under this section, the election made under section 54-52.6-02 is ineffective and the individual remains a member of the public employees retirement system under chapter 54-52 and retains all the rights and benefits provided under that chapter. The board shall calculate the amount to be transferred for persons employed before October 1, 2001, using the two following formulas, and shall transfer the greater of the two amounts obtained:
a. The actuarial present value of the individual's accumulated benefit obligation under the public employees retirement system based on the assumption that the individual will retire under the earliest applicable normal retirement age, plus interest from January 1, 2001, to the date of transfer, at the rate of one-half of one percent less than the actuarial interest assumption at the time of the election; or
b. The actual employer contribution made, less vested employer contributions made pursuant to section 54-52-11.1, plus compound interest at the rate of one-half of one percent less than the actuarial interest assumption at the time of the election plus the employee account balance.
2. The board shall calculate the amount to be transferred for persons employed after September 30, 2001, and before the effective date of this Act, using only the formula contained in subdivision b of subsection 1.

N.D.C.C. § 54-52.6-03

Amended by S.L. 2023SP1, ch. 644 (HB 1548),§ 16, 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),§ 49, 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.
Repealed by S.L. 2023, ch. 514 (HB 1040),§ 32, eff. 1/1/2025.
Amended by S.L. 2023, ch. 514 (HB 1040),§ 18, eff. 1/1/2025.
This section is set out more than once due to postponed, multiple, or conflicting amendments.