Sixty-ninth Legislative Assembly of North Dakota
In Regular Session Commencing Tuesday, January 7, 2025
HOUSE BILL NO. 1112
(Government and Veterans Affairs Committee)
(North Dakota State Forester)
AN ACT to amend and reenact subsection 8 of section 54-52-01, section 54-52-06.4, subsection 3 of
section 54-52-17, and subsection 4 of section 54-52-17 of the North Dakota Century Code,
relating to membership of the public employees retirement system.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Subsection 8 of section 54-52-01 of the North Dakota Century Code is
amended and reenacted as follows:
8."Firefighter" means a participating member who is employed as a firefighter by the state or a
political subdivision and, notwithstanding subsection 1314, for an individual employed after
July 31, 2017, is employed at least thirty-two hours per week and at least twenty weeks each
year of employment. A firefighter who is a participating member of the law enforcement
retirement plan created by this chapter who begins employment after July 31, 2017, is
ineligible to participate concurrently in any other retirement plan administered by the public
employees retirement system. The term does not include a firefighter employee of the North
Dakota national guard.
SECTION 2. AMENDMENT. Section 54-52-06.4 of the North Dakota Century Code is amended and
reenacted as follows:
54-52-06.4. Contribution by firefighters or peace officers employed by the state or security
officers employed by the national guard - Employer contribution. (Retroactive application -
See note )
1.a.Each peace officer employed by the bureau of criminal investigation who is a member of
the public employees retirement system is assessed and shall pay monthly four percent
of the employee's monthly salary. Peace officer contributions increase by one percent of
the member's monthly salary beginning with the monthly reporting period of
January 2012; with an additional increase of one percent, beginning with the reporting
period of January 2013; with an additional increase of one percent, beginning with the
reporting period of January 2024; and with an additional increase of one percent,
beginning with the reporting period of January 2025.
b.Each firefighter or peace officer employed by the state, other than a peace officer
employed by the bureau of criminal investigation, who is a member of the public
employees retirement system is assessed and shall pay six percent of the employee's
monthly salary.
c.Effective August 1, 2015, each national guard security officer who is a member of the
public employee's retirement system is assessed and monthly shall pay six percent of the
employee's monthly salary. National guard security officer contributions decrease by
one-half of one percent of the member's monthly salary beginning with the monthly
reporting period of January 2016.
d.The assessment under this subsection must be deducted and retained out of the
employee's salary in equal monthly installments.
2.The employer of a firefighter or peace officer employed by the state or national guard security
officer shall contribute an amount determined by the board to be actuarially required to H. B. NO. 1112 - PAGE 2
support the level of benefits specified in section 54-52-17. The employer's contribution must
be paid from funds appropriated for salary or from any other funds available for such
purposes. If the firefighter's, peace officer's, or security officer's assessment is paid by the
employer under subsection 3 of section 54-52-05, the employer shall contribute, in addition,
an amount equal to the required firefighter's, peace officer's, or security officer's assessment.
SECTION 3. AMENDMENT. Subsection 3 of section 54-52-17 of the North Dakota Century Code is
amended and reenacted as follows:
3.Retirement dates are defined as follows:
a.Normal retirement date, except for a national guard security officer or firefighter, a
firefighter employed by a political subdivision, a firefighter or peace officer employed by
the state, or a peace officer or correctional officer employed by a political subdivision, is:
(1)The first day of the month next following the month in which the member attains the
age of sixty-five years; or
(2)When the member has a combined total of years of service credit and years of age
equal to eighty-five and has not received a retirement benefit under this chapter.
b.Normal retirement date for members first enrolled after December 31, 2015, except for a
national guard security officer or firefighter, a firefighter employed by a political
subdivision, a firefighter or peace officer employed by the state, a peace officer or
correctional officer employed by a political subdivision, or a supreme court or district
court judge, is:
(1)The first day of the month next following the month in which the member attains the
age of sixty-five years; or
(2)When the member has a combined total of years of service credit and years of age
equal to ninety and the member attains a minimum age of sixty and has not
received a retirement benefit under this chapter.
c.Normal retirement date for a national guard security officer or firefighter is:
(1)The first day of the month next following the month in which the national guard
security officer or firefighter attains the age of fifty-five years and has completed at
least three eligible years of employment; or
(2)When the national guard security officer or firefighter has a combined total of years
of service credit and years of age equal to eighty-five and has not received a
retirement benefit under this chapter.
d.Normal retirement date for a peace officer, firefighter, or correctional officer employed by
a political subdivision is:
(1)The first day of the month next following the month in which the peace officer,
firefighter, or correctional officer attains the age of fifty-five years and has completed
at least three eligible years of employment; or
(2)When the peace officer, firefighter, or correctional officer has a combined total of
years of service credit and years of age equal to eighty-five and has not received a
retirement benefit under this chapter.
e.(1)Normal retirement date for a peace officer employed by the bureau of criminal
investigation is: H. B. NO. 1112 - PAGE 3
(a)[1]For a member employed before August 1, 2023, the first day of the
month next following the month in which the peace officer attains the age
of fifty-five years and has completed at least three eligible years of
employment; and
[2]For a member employed after July 31, 2023, the first day of the month
next following the month in which the peace officer attains the age of
fifty-five years and has completed at least ten eligible years of
employment; or
(b)When the peace officer has a combined total of years of service credit and
years of age equal to eighty-five and has not received a retirement benefit
under this chapter.
(2)Normal retirement date for a firefighter or peace officer employed by the state, other
than a peace officer employed by the bureau of criminal investigation, is:
(a)The first day of the month next following the month in which the firefighter or
peace officer attains the age of fifty-five years and has completed at least
three eligible years of employment; or
(b)When the firefighter or peace officer has a combined total of years of service
credit and years of age equal to eighty-five and has not received a retirement
benefit under this chapter.
f.Postponed retirement date is the first day of the month next following the month in which
the member, on or after July 1, 1977, actually severs or has severed the member's
employment after reaching the normal retirement date.
g.(1)Early retirement date, except for a national guard security officer or firefighter, a
firefighter, peace officer, or correctional officer employed by a political subdivision,
or a firefighter or peace officer employed by the state, is the first day of the month
next following the month in which the member attains the age of fifty-five years and
has completed three years of eligible employment.
(2)For a national guard security officer or firefighter, early retirement date is the first
day of the month next following the month in which the national guard security
officer or firefighter attains the age of fifty years and has completed at least three
years of eligible employment.
(3)For a firefighter or peace officer employed by the state, other than a peace officer
employed by the bureau of criminal investigation, or a firefighter, peace officer, or
correctional officer employed by a political subdivision, early retirement date is the
first day of the month next following the month in which the peace officer, firefighter,
or correctional officer attains the age of fifty years and has completed at least three
years of eligible employment.
(4)For a peace officer employed by the bureau of criminal investigation, early
retirement date is the first day of the month next following the month in which the
peace officer attains the age of fifty years and has completed at least three years of
eligible employment.
h.Disability retirement date is the first day of the month after a member becomes
permanently and totally disabled, according to medical evidence called for under the
rules of the board, and has completed at least one hundred eighty days of eligible
employment. For supreme and district court judges, permanent and total disability is
based solely on a judge's inability to perform judicial duties arising out of physical or H. B. NO. 1112 - PAGE 4
mental impairment, as determined pursuant to rules adopted by the board or as provided
by subdivision a of subsection 3 of section 27-23-03.
(1)A member is eligible to receive disability retirement benefits only if the member
became disabled during the period of eligible employment and applies for disability
retirement benefits within twelve months of the date the member terminates
employment.
(2)A member is eligible to continue to receive disability benefits as long as the
permanent and total disability continues and the member submits the necessary
documentation and undergoes medical testing required by the board, or for as long
as the member participates in a rehabilitation program required by the board, or
both. If the board determines a member no longer meets the eligibility definition, the
board may discontinue the disability retirement benefit. The board may pay the cost
of any medical testing or rehabilitation services the board deems necessary and
these payments are appropriated from the retirement fund for those purposes. A
member's receipt of disability benefits under this section is limited to receipt from
the fund to which the member was actively contributing at the time the member
became disabled.
SECTION 4. AMENDMENT. Subsection 4 of section 54-52-17 of the North Dakota Century Code is
amended and reenacted as follows:
4.The board shall calculate retirement benefits as follows:
a.Normal retirement benefits for all retirees, except supreme and district court judges, and
peace officers employed by the bureau of criminal investigation, and other peace officers
employed by the state, reaching normal retirement date equal an annual amount,
payable monthly, comprised of a service benefit and a prior service benefit, as defined in
this chapter, which is determined as follows:
(1)For members first enrolled:
(a)Before January 1, 2020, service benefit equals two percent of final average
salary multiplied by the number of years of service employment.
(b)After December 31, 2019, service benefit equals one and seventy-five
hundredths percent of final average salary multiplied by the number of years
of service employment.
(2)Prior service benefit equals two percent of final average salary multiplied by the
number of years of prior service employment.
b.Normal retirement benefits for all supreme and district court judges under the public
employees retirement system reaching normal retirement date equal an annual amount,
payable monthly, comprised of a benefit as defined in this chapter, determined as follows:
(1)Benefits must be calculated from the time of appointment or election to the bench
and must equal three and one-half percent of final average salary multiplied by the
first ten years of judicial service, two and eighty hundredths percent of final average
salary multiplied by the second ten years of judicial service, and one and one-fourth
percent of final average salary multiplied by the number of years of judicial service
exceeding twenty years.
(2)Service benefits must include, in addition, an amount equal to the percent specified
in subdivision a of final average salary multiplied by the number of years of
nonjudicial employee service and employment. H. B. NO. 1112 - PAGE 5
c.Normal retirement benefits for a peace officer employed by the bureau of criminal
investigation reaching the normal retirement date equals an annual amount, payable
monthly, comprised of a service benefit and a prior service benefit determined as follows:
(1)The first twenty years of credited service multiplied by three percent of final average
salary.
(2)For years in excess of twenty years of credited service multiplied by one and
seventy-five hundredths percent of final average salary.
d.Normal retirement benefits for a peace officer employed by the state, other than by the
bureau of criminal investigation, reaching the normal retirement date equals an annual
amount, payable monthly, comprised of a service benefit and a prior service benefit
determined as follows:
(1)For members first enrolled:
(a)Before January 1, 2020, service benefit equals two percent of final average
salary multiplied by the number of years of service employment.
(b)After December 31, 2019, service benefit equals one and seventy-five
hundredths percent of final average salary multiplied by the number of years
of service employment.
(2)Prior service benefit equals two percent of final average salary multiplied by the
number of years of prior service employment.
e.Postponed retirement benefits are calculated as for single life benefits for those members
who retired on or after July 1, 1977.
f.e.Early retirement benefits are calculated as for single life benefits accrued to the date of
termination of employment, but must be actuarially reduced to account for benefit
payments beginning before the normal retirement date, as determined under
subsection 3. Except for a national guard security officer or firefighter, a firefighter, peace
officer, or correctional officer employed by a political subdivision, a firefighter or peace
officer employed by the state, or a supreme court or district court judge, early retirement
benefits for members first enrolled after December 31, 2015, are calculated for single life
benefits accrued to the date of termination of employment, but must be reduced by a
fixed rate of eight percent per year to account for benefit payments beginning before the
normal retirement date. A retiree, other than a supreme or district court judge, is eligible
for early retirement benefits only after having completed three years of eligible
employment. A supreme or district court judge retiree is eligible for early retirement
benefits only after having completed five years of eligible employment.
g.f.Except for supreme and district court judges, disability retirement benefits are twenty-five
percent of the member's final average salary. Disability retirement benefits for supreme
and district court judges are seventy percent of final average salary reduced by the
member's primary social security benefits and by any workforce safety and insurance
benefits paid. The minimum monthly disability retirement benefit under this section is one
hundred dollars. H. B. NO. 1112 - PAGE 6
____________________________ ____________________________
Speaker of the House President of the Senate
____________________________ ____________________________
Chief Clerk of the House Secretary of the Senate
This certifies that the within bill originated in the House of Representatives of the Sixty-ninth Legislative
Assembly of North Dakota and is known on the records of that body as House Bill No. 1112.
House Vote: Yeas 93 Nays 0 Absent 1
Senate Vote:Yeas 47 Nays 0 Absent 0
____________________________
Chief Clerk of the House
Received by the Governor at ________M. on _____________________________________, 2025.
Approved at ________M. on __________________________________________________, 2025.
____________________________
Governor
Filed in this office this ___________day of _______________________________________, 2025,
at ________ o’clock ________M.
____________________________
Secretary of State