1 | | - | Sixty-ninth Legislative Assembly of North Dakota |
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2 | | - | In Regular Session Commencing Tuesday, January 7, 2025 |
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| 1 | + | 25.0115.02000 |
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| 2 | + | Sixty-ninth |
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| 3 | + | Legislative Assembly |
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| 4 | + | of North Dakota |
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| 5 | + | Introduced by |
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| 6 | + | Government and Veterans Affairs Committee |
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| 7 | + | (North Dakota State Forester) |
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| 8 | + | A BILL for an Act to amend and reenact subsection 8 of section 54-52-01, section 54-52-06.4, |
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| 9 | + | subsection 3 of section 54-52-17, and subsection 4 of section 54-52-17 of the North Dakota |
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| 10 | + | Century Code, relating to membership of the public employees retirement system. |
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| 11 | + | BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA: |
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| 12 | + | SECTION 1. AMENDMENT. Subsection 8 of section 54-52-01 of the North Dakota Century |
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| 13 | + | Code is amended and reenacted as follows: |
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| 14 | + | 8."Firefighter" means a participating member who is employed as a firefighter by the |
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| 15 | + | state or a political subdivision and, notwithstanding subsection 1314, for an individual |
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| 16 | + | employed after July 31, 2017, is employed at least thirty-two hours per week and at |
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| 17 | + | least twenty weeks each year of employment. A firefighter who is a participating |
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| 18 | + | member of the law enforcement retirement plan created by this chapter who begins |
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| 19 | + | employment after July 31, 2017, is ineligible to participate concurrently in any other |
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| 20 | + | retirement plan administered by the public employees retirement system. The term |
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| 21 | + | does not include a firefighter employee of the North Dakota national guard. |
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| 22 | + | SECTION 2. AMENDMENT. Section 54-52-06.4 of the North Dakota Century Code is |
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| 23 | + | amended and reenacted as follows: |
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| 24 | + | 54-52-06.4. Contribution by firefighters or peace officers employed by the state or |
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| 25 | + | security officers employed by the national guard - Employer contribution. (Retroactive |
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| 26 | + | application - See note ) |
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| 27 | + | 1.a.Each peace officer employed by the bureau of criminal investigation who is a |
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| 28 | + | member of the public employees retirement system is assessed and shall pay |
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| 29 | + | monthly four percent of the employee's monthly salary. Peace officer |
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| 30 | + | contributions increase by one percent of the member's monthly salary beginning |
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| 31 | + | with the monthly reporting period of January 2012; with an additional increase of |
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| 32 | + | Page No. 1 25.0115.02000 |
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4 | | - | (Government and Veterans Affairs Committee) |
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5 | | - | (North Dakota State Forester) |
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6 | | - | AN ACT to amend and reenact subsection 8 of section 54-52-01, section 54-52-06.4, subsection 3 of |
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7 | | - | section 54-52-17, and subsection 4 of section 54-52-17 of the North Dakota Century Code, |
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8 | | - | relating to membership of the public employees retirement system. |
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9 | | - | BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA: |
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10 | | - | SECTION 1. AMENDMENT. Subsection 8 of section 54-52-01 of the North Dakota Century Code is |
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11 | | - | amended and reenacted as follows: |
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12 | | - | 8."Firefighter" means a participating member who is employed as a firefighter by the state or a |
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13 | | - | political subdivision and, notwithstanding subsection 1314, for an individual employed after |
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14 | | - | July 31, 2017, is employed at least thirty-two hours per week and at least twenty weeks each |
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15 | | - | year of employment. A firefighter who is a participating member of the law enforcement |
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16 | | - | retirement plan created by this chapter who begins employment after July 31, 2017, is |
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17 | | - | ineligible to participate concurrently in any other retirement plan administered by the public |
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18 | | - | employees retirement system. The term does not include a firefighter employee of the North |
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19 | | - | Dakota national guard. |
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20 | | - | SECTION 2. AMENDMENT. Section 54-52-06.4 of the North Dakota Century Code is amended and |
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21 | | - | reenacted as follows: |
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22 | | - | 54-52-06.4. Contribution by firefighters or peace officers employed by the state or security |
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23 | | - | officers employed by the national guard - Employer contribution. (Retroactive application - |
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24 | | - | See note ) |
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25 | | - | 1.a.Each peace officer employed by the bureau of criminal investigation who is a member of |
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26 | | - | the public employees retirement system is assessed and shall pay monthly four percent |
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27 | | - | of the employee's monthly salary. Peace officer contributions increase by one percent of |
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28 | | - | the member's monthly salary beginning with the monthly reporting period of |
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29 | | - | January 2012; with an additional increase of one percent, beginning with the reporting |
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30 | | - | period of January 2013; with an additional increase of one percent, beginning with the |
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31 | | - | reporting period of January 2024; and with an additional increase of one percent, |
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32 | | - | beginning with the reporting period of January 2025. |
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| 58 | + | 24 Sixty-ninth |
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| 59 | + | Legislative Assembly |
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| 60 | + | one percent, beginning with the reporting period of January 2013; with an |
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| 61 | + | additional increase of one percent, beginning with the reporting period of |
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| 62 | + | January 2024; and with an additional increase of one percent, beginning with the |
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| 63 | + | reporting period of January 2025. |
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44 | | - | 2.The employer of a firefighter or peace officer employed by the state or national guard security |
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45 | | - | officer shall contribute an amount determined by the board to be actuarially required to H. B. NO. 1112 - PAGE 2 |
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46 | | - | support the level of benefits specified in section 54-52-17. The employer's contribution must |
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47 | | - | be paid from funds appropriated for salary or from any other funds available for such |
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48 | | - | purposes. If the firefighter's, peace officer's, or security officer's assessment is paid by the |
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49 | | - | employer under subsection 3 of section 54-52-05, the employer shall contribute, in addition, |
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50 | | - | an amount equal to the required firefighter's, peace officer's, or security officer's assessment. |
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51 | | - | SECTION 3. AMENDMENT. Subsection 3 of section 54-52-17 of the North Dakota Century Code is |
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52 | | - | amended and reenacted as follows: |
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| 75 | + | 2.The employer of a firefighter or peace officer employed by the state or national guard |
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| 76 | + | security officer shall contribute an amount determined by the board to be actuarially |
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| 77 | + | required to support the level of benefits specified in section 54-52-17. The employer's |
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| 78 | + | contribution must be paid from funds appropriated for salary or from any other funds |
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| 79 | + | available for such purposes. If the firefighter's, peace officer's, or security officer's |
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| 80 | + | assessment is paid by the employer under subsection 3 of section 54-52-05, the |
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| 81 | + | employer shall contribute, in addition, an amount equal to the required firefighter's, |
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| 82 | + | peace officer's, or security officer's assessment. |
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| 83 | + | SECTION 3. AMENDMENT. Subsection 3 of section 54-52-17 of the North Dakota Century |
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| 84 | + | Code is amended and reenacted as follows: |
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55 | | - | firefighter employed by a political subdivision, a firefighter or peace officer employed by |
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56 | | - | the state, or a peace officer or correctional officer employed by a political subdivision, is: |
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57 | | - | (1)The first day of the month next following the month in which the member attains the |
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58 | | - | age of sixty-five years; or |
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59 | | - | (2)When the member has a combined total of years of service credit and years of age |
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60 | | - | equal to eighty-five and has not received a retirement benefit under this chapter. |
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61 | | - | b.Normal retirement date for members first enrolled after December 31, 2015, except for a |
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62 | | - | national guard security officer or firefighter, a firefighter employed by a political |
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63 | | - | subdivision, a firefighter or peace officer employed by the state, a peace officer or |
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64 | | - | correctional officer employed by a political subdivision, or a supreme court or district |
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65 | | - | court judge, is: |
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66 | | - | (1)The first day of the month next following the month in which the member attains the |
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67 | | - | age of sixty-five years; or |
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68 | | - | (2)When the member has a combined total of years of service credit and years of age |
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69 | | - | equal to ninety and the member attains a minimum age of sixty and has not |
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| 87 | + | firefighter employed by a political subdivision, a firefighter or peace officer |
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| 88 | + | employed by the state, or a peace officer or correctional officer employed by a |
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| 89 | + | political subdivision, is: |
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| 120 | + | 30 Sixty-ninth |
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| 121 | + | Legislative Assembly |
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| 122 | + | (1)The first day of the month next following the month in which the member |
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| 123 | + | attains the age of sixty-five years; or |
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| 124 | + | (2)When the member has a combined total of years of service credit and years |
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| 125 | + | of age equal to eighty-five and has not received a retirement benefit under |
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| 126 | + | this chapter. |
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| 127 | + | b.Normal retirement date for members first enrolled after December 31, 2015, |
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| 128 | + | except for a national guard security officer or firefighter, a firefighter employed by |
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| 129 | + | a political subdivision, a firefighter or peace officer employed by the state, a |
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| 130 | + | peace officer or correctional officer employed by a political subdivision, or a |
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| 131 | + | supreme court or district court judge, is: |
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| 132 | + | (1)The first day of the month next following the month in which the member |
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| 133 | + | attains the age of sixty-five years; or |
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| 134 | + | (2)When the member has a combined total of years of service credit and years |
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| 135 | + | of age equal to ninety and the member attains a minimum age of sixty and |
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| 136 | + | has not received a retirement benefit under this chapter. |
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| 137 | + | c.Normal retirement date for a national guard security officer or firefighter is: |
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| 138 | + | (1)The first day of the month next following the month in which the national |
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| 139 | + | guard security officer or firefighter attains the age of fifty-five years and has |
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| 140 | + | completed at least three eligible years of employment; or |
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| 141 | + | (2)When the national guard security officer or firefighter has a combined total |
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| 142 | + | of years of service credit and years of age equal to eighty-five and has not |
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71 | | - | c.Normal retirement date for a national guard security officer or firefighter is: |
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72 | | - | (1)The first day of the month next following the month in which the national guard |
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73 | | - | security officer or firefighter attains the age of fifty-five years and has completed at |
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74 | | - | least three eligible years of employment; or |
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75 | | - | (2)When the national guard security officer or firefighter has a combined total of years |
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76 | | - | of service credit and years of age equal to eighty-five and has not received a |
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| 144 | + | d.Normal retirement date for a peace officer, firefighter, or correctional officer |
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| 145 | + | employed by a political subdivision is: |
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| 146 | + | (1)The first day of the month next following the month in which the peace |
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| 147 | + | officer, firefighter, or correctional officer attains the age of fifty-five years and |
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| 148 | + | has completed at least three eligible years of employment; or |
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| 149 | + | (2)When the peace officer, firefighter, or correctional officer has a combined |
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| 150 | + | total of years of service credit and years of age equal to eighty-five and has |
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| 151 | + | not received a retirement benefit under this chapter. |
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| 182 | + | 30 Sixty-ninth |
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| 183 | + | Legislative Assembly |
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| 184 | + | e.(1)Normal retirement date for a peace officer employed by the bureau of |
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| 185 | + | criminal investigation is: |
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| 186 | + | (a)[1]For a member employed before August 1, 2023, the first day of |
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| 187 | + | the month next following the month in which the peace officer |
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| 188 | + | attains the age of fifty-five years and has completed at least |
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| 189 | + | three eligible years of employment; and |
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| 190 | + | [2]For a member employed after July 31, 2023, the first day of the |
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| 191 | + | month next following the month in which the peace officer attains |
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| 192 | + | the age of fifty-five years and has completed at least ten eligible |
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| 193 | + | years of employment; or |
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| 194 | + | (b)When the peace officer has a combined total of years of service credit |
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| 195 | + | and years of age equal to eighty-five and has not received a |
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78 | | - | d.Normal retirement date for a peace officer, firefighter, or correctional officer employed by |
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79 | | - | a political subdivision is: |
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80 | | - | (1)The first day of the month next following the month in which the peace officer, |
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81 | | - | firefighter, or correctional officer attains the age of fifty-five years and has completed |
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82 | | - | at least three eligible years of employment; or |
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83 | | - | (2)When the peace officer, firefighter, or correctional officer has a combined total of |
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84 | | - | years of service credit and years of age equal to eighty-five and has not received a |
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85 | | - | retirement benefit under this chapter. |
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86 | | - | e.(1)Normal retirement date for a peace officer employed by the bureau of criminal |
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87 | | - | investigation is: H. B. NO. 1112 - PAGE 3 |
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88 | | - | (a)[1]For a member employed before August 1, 2023, the first day of the |
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89 | | - | month next following the month in which the peace officer attains the age |
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90 | | - | of fifty-five years and has completed at least three eligible years of |
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91 | | - | employment; and |
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92 | | - | [2]For a member employed after July 31, 2023, the first day of the month |
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93 | | - | next following the month in which the peace officer attains the age of |
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94 | | - | fifty-five years and has completed at least ten eligible years of |
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95 | | - | employment; or |
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96 | | - | (b)When the peace officer has a combined total of years of service credit and |
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97 | | - | years of age equal to eighty-five and has not received a retirement benefit |
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98 | | - | under this chapter. |
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99 | | - | (2)Normal retirement date for a firefighter or peace officer employed by the state, other |
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100 | | - | than a peace officer employed by the bureau of criminal investigation, is: |
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101 | | - | (a)The first day of the month next following the month in which the firefighter or |
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102 | | - | peace officer attains the age of fifty-five years and has completed at least |
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103 | | - | three eligible years of employment; or |
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104 | | - | (b)When the firefighter or peace officer has a combined total of years of service |
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105 | | - | credit and years of age equal to eighty-five and has not received a retirement |
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106 | | - | benefit under this chapter. |
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107 | | - | f.Postponed retirement date is the first day of the month next following the month in which |
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108 | | - | the member, on or after July 1, 1977, actually severs or has severed the member's |
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109 | | - | employment after reaching the normal retirement date. |
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110 | | - | g.(1)Early retirement date, except for a national guard security officer or firefighter, a |
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111 | | - | firefighter, peace officer, or correctional officer employed by a political subdivision, |
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112 | | - | or a firefighter or peace officer employed by the state, is the first day of the month |
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113 | | - | next following the month in which the member attains the age of fifty-five years and |
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114 | | - | has completed three years of eligible employment. |
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115 | | - | (2)For a national guard security officer or firefighter, early retirement date is the first |
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116 | | - | day of the month next following the month in which the national guard security |
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117 | | - | officer or firefighter attains the age of fifty years and has completed at least three |
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118 | | - | years of eligible employment. |
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119 | | - | (3)For a firefighter or peace officer employed by the state, other than a peace officer |
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120 | | - | employed by the bureau of criminal investigation, or a firefighter, peace officer, or |
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121 | | - | correctional officer employed by a political subdivision, early retirement date is the |
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122 | | - | first day of the month next following the month in which the peace officer, firefighter, |
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123 | | - | or correctional officer attains the age of fifty years and has completed at least three |
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124 | | - | years of eligible employment. |
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| 197 | + | (2)Normal retirement date for a firefighter or peace officer employed by the |
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| 198 | + | state, other than a peace officer employed by the bureau of criminal |
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| 199 | + | investigation, is: |
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| 200 | + | (a)The first day of the month next following the month in which the |
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| 201 | + | firefighter or peace officer attains the age of fifty-five years and has |
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| 202 | + | completed at least three eligible years of employment; or |
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| 203 | + | (b)When the firefighter or peace officer has a combined total of years of |
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| 204 | + | service credit and years of age equal to eighty-five and has not |
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| 205 | + | received a retirement benefit under this chapter. |
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| 206 | + | f.Postponed retirement date is the first day of the month next following the month |
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| 207 | + | in which the member, on or after July 1, 1977, actually severs or has severed the |
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| 208 | + | member's employment after reaching the normal retirement date. |
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| 209 | + | g.(1)Early retirement date, except for a national guard security officer or |
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| 210 | + | firefighter, a firefighter, peace officer, or correctional officer employed by a |
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| 211 | + | political subdivision, or a firefighter or peace officer employed by the state, |
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| 212 | + | is the first day of the month next following the month in which the member |
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| 213 | + | attains the age of fifty-five years and has completed three years of eligible |
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| 214 | + | employment. |
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| 246 | + | 31 Sixty-ninth |
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| 247 | + | Legislative Assembly |
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| 248 | + | (2)For a national guard security officer or firefighter, early retirement date is the |
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| 249 | + | first day of the month next following the month in which the national guard |
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| 250 | + | security officer or firefighter attains the age of fifty years and has completed |
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| 251 | + | at least three years of eligible employment. |
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| 252 | + | (3)For a firefighter or peace officer employed by the state, other than a peace |
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| 253 | + | officer employed by the bureau of criminal investigation, or a firefighter, |
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| 254 | + | peace officer, or correctional officer employed by a political subdivision, |
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| 255 | + | early retirement date is the first day of the month next following the month in |
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| 256 | + | which the peace officer, firefighter, or correctional officer attains the age of |
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| 257 | + | fifty years and has completed at least three years of eligible employment. |
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130 | | - | permanently and totally disabled, according to medical evidence called for under the |
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131 | | - | rules of the board, and has completed at least one hundred eighty days of eligible |
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132 | | - | employment. For supreme and district court judges, permanent and total disability is |
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133 | | - | based solely on a judge's inability to perform judicial duties arising out of physical or H. B. NO. 1112 - PAGE 4 |
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134 | | - | mental impairment, as determined pursuant to rules adopted by the board or as provided |
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135 | | - | by subdivision a of subsection 3 of section 27-23-03. |
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136 | | - | (1)A member is eligible to receive disability retirement benefits only if the member |
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137 | | - | became disabled during the period of eligible employment and applies for disability |
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138 | | - | retirement benefits within twelve months of the date the member terminates |
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| 263 | + | permanently and totally disabled, according to medical evidence called for under |
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| 264 | + | the rules of the board, and has completed at least one hundred eighty days of |
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| 265 | + | eligible employment. For supreme and district court judges, permanent and total |
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| 266 | + | disability is based solely on a judge's inability to perform judicial duties arising out |
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| 267 | + | of physical or mental impairment, as determined pursuant to rules adopted by the |
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| 268 | + | board or as provided by subdivision a of subsection 3 of section 27-23-03. |
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| 269 | + | (1)A member is eligible to receive disability retirement benefits only if the |
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| 270 | + | member became disabled during the period of eligible employment and |
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| 271 | + | applies for disability retirement benefits within twelve months of the date the |
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| 272 | + | member terminates employment. |
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| 273 | + | (2)A member is eligible to continue to receive disability benefits as long as the |
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| 274 | + | permanent and total disability continues and the member submits the |
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| 275 | + | necessary documentation and undergoes medical testing required by the |
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| 276 | + | board, or for as long as the member participates in a rehabilitation program |
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| 277 | + | required by the board, or both. If the board determines a member no longer |
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| 278 | + | meets the eligibility definition, the board may discontinue the disability |
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| 310 | + | 31 Sixty-ninth |
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| 311 | + | Legislative Assembly |
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| 312 | + | retirement benefit. The board may pay the cost of any medical testing or |
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| 313 | + | rehabilitation services the board deems necessary and these payments are |
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| 314 | + | appropriated from the retirement fund for those purposes. A member's |
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| 315 | + | receipt of disability benefits under this section is limited to receipt from the |
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| 316 | + | fund to which the member was actively contributing at the time the member |
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| 317 | + | became disabled. |
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| 318 | + | SECTION 4. AMENDMENT. Subsection 4 of section 54-52-17 of the North Dakota Century |
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| 319 | + | Code is amended and reenacted as follows: |
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| 320 | + | 4.The board shall calculate retirement benefits as follows: |
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| 321 | + | a.Normal retirement benefits for all retirees, except supreme and district court |
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| 322 | + | judges, and peace officers employed by the bureau of criminal investigation, and |
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| 323 | + | other peace officers employed by the state, reaching normal retirement date |
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| 324 | + | equal an annual amount, payable monthly, comprised of a service benefit and a |
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| 325 | + | prior service benefit, as defined in this chapter, which is determined as follows: |
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| 326 | + | (1)For members first enrolled: |
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| 327 | + | (a)Before January 1, 2020, service benefit equals two percent of final |
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| 328 | + | average salary multiplied by the number of years of service |
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140 | | - | (2)A member is eligible to continue to receive disability benefits as long as the |
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141 | | - | permanent and total disability continues and the member submits the necessary |
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142 | | - | documentation and undergoes medical testing required by the board, or for as long |
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143 | | - | as the member participates in a rehabilitation program required by the board, or |
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144 | | - | both. If the board determines a member no longer meets the eligibility definition, the |
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145 | | - | board may discontinue the disability retirement benefit. The board may pay the cost |
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146 | | - | of any medical testing or rehabilitation services the board deems necessary and |
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147 | | - | these payments are appropriated from the retirement fund for those purposes. A |
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148 | | - | member's receipt of disability benefits under this section is limited to receipt from |
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149 | | - | the fund to which the member was actively contributing at the time the member |
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150 | | - | became disabled. |
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151 | | - | SECTION 4. AMENDMENT. Subsection 4 of section 54-52-17 of the North Dakota Century Code is |
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152 | | - | amended and reenacted as follows: |
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153 | | - | 4.The board shall calculate retirement benefits as follows: |
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154 | | - | a.Normal retirement benefits for all retirees, except supreme and district court judges, and |
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155 | | - | peace officers employed by the bureau of criminal investigation, and other peace officers |
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156 | | - | employed by the state, reaching normal retirement date equal an annual amount, |
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157 | | - | payable monthly, comprised of a service benefit and a prior service benefit, as defined in |
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158 | | - | this chapter, which is determined as follows: |
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| 330 | + | (b)After December 31, 2019, service benefit equals one and seventy-five |
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| 331 | + | hundredths percent of final average salary multiplied by the number of |
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| 332 | + | years of service employment. |
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| 333 | + | (2)Prior service benefit equals two percent of final average salary multiplied by |
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| 334 | + | the number of years of prior service employment. |
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| 335 | + | b.Normal retirement benefits for all supreme and district court judges under the |
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| 336 | + | public employees retirement system reaching normal retirement date equal an |
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| 337 | + | annual amount, payable monthly, comprised of a benefit as defined in this |
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| 338 | + | chapter, determined as follows: |
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| 339 | + | (1)Benefits must be calculated from the time of appointment or election to the |
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| 340 | + | bench and must equal three and one-half percent of final average salary |
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| 341 | + | multiplied by the first ten years of judicial service, two and eighty hundredths |
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| 342 | + | percent of final average salary multiplied by the second ten years of judicial |
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| 343 | + | Page No. 6 25.0115.02000 |
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| 374 | + | 31 Sixty-ninth |
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| 375 | + | Legislative Assembly |
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| 376 | + | service, and one and one-fourth percent of final average salary multiplied by |
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| 377 | + | the number of years of judicial service exceeding twenty years. |
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| 378 | + | (2)Service benefits must include, in addition, an amount equal to the percent |
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| 379 | + | specified in subdivision a of final average salary multiplied by the number of |
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| 380 | + | years of nonjudicial employee service and employment. |
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| 381 | + | c.Normal retirement benefits for a peace officer employed by the bureau of criminal |
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| 382 | + | investigation reaching the normal retirement date equals an annual amount, |
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| 383 | + | payable monthly, comprised of a service benefit and a prior service benefit |
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| 384 | + | determined as follows: |
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| 385 | + | (1)The first twenty years of credited service multiplied by three percent of final |
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| 386 | + | average salary. |
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| 387 | + | (2)For years in excess of twenty years of credited service multiplied by one |
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| 388 | + | and seventy-five hundredths percent of final average salary. |
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| 389 | + | d.Normal retirement benefits for a peace officer employed by the state, other than |
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| 390 | + | by the bureau of criminal investigation, reaching the normal retirement date |
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| 391 | + | equals an annual amount, payable monthly, comprised of a service benefit and a |
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| 392 | + | prior service benefit determined as follows: |
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163 | | - | hundredths percent of final average salary multiplied by the number of years |
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164 | | - | of service employment. |
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165 | | - | (2)Prior service benefit equals two percent of final average salary multiplied by the |
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166 | | - | number of years of prior service employment. |
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167 | | - | b.Normal retirement benefits for all supreme and district court judges under the public |
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168 | | - | employees retirement system reaching normal retirement date equal an annual amount, |
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169 | | - | payable monthly, comprised of a benefit as defined in this chapter, determined as follows: |
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170 | | - | (1)Benefits must be calculated from the time of appointment or election to the bench |
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171 | | - | and must equal three and one-half percent of final average salary multiplied by the |
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172 | | - | first ten years of judicial service, two and eighty hundredths percent of final average |
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173 | | - | salary multiplied by the second ten years of judicial service, and one and one-fourth |
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174 | | - | percent of final average salary multiplied by the number of years of judicial service |
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175 | | - | exceeding twenty years. |
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176 | | - | (2)Service benefits must include, in addition, an amount equal to the percent specified |
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177 | | - | in subdivision a of final average salary multiplied by the number of years of |
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178 | | - | nonjudicial employee service and employment. H. B. NO. 1112 - PAGE 5 |
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179 | | - | c.Normal retirement benefits for a peace officer employed by the bureau of criminal |
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180 | | - | investigation reaching the normal retirement date equals an annual amount, payable |
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181 | | - | monthly, comprised of a service benefit and a prior service benefit determined as follows: |
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182 | | - | (1)The first twenty years of credited service multiplied by three percent of final average |
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183 | | - | salary. |
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184 | | - | (2)For years in excess of twenty years of credited service multiplied by one and |
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185 | | - | seventy-five hundredths percent of final average salary. |
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186 | | - | d.Normal retirement benefits for a peace officer employed by the state, other than by the |
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187 | | - | bureau of criminal investigation, reaching the normal retirement date equals an annual |
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188 | | - | amount, payable monthly, comprised of a service benefit and a prior service benefit |
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189 | | - | determined as follows: |
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190 | | - | (1)For members first enrolled: |
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191 | | - | (a)Before January 1, 2020, service benefit equals two percent of final average |
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192 | | - | salary multiplied by the number of years of service employment. |
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193 | | - | (b)After December 31, 2019, service benefit equals one and seventy-five |
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194 | | - | hundredths percent of final average salary multiplied by the number of years |
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195 | | - | of service employment. |
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196 | | - | (2)Prior service benefit equals two percent of final average salary multiplied by the |
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197 | | - | number of years of prior service employment. |
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198 | | - | e.Postponed retirement benefits are calculated as for single life benefits for those members |
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199 | | - | who retired on or after July 1, 1977. |
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200 | | - | f.e.Early retirement benefits are calculated as for single life benefits accrued to the date of |
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201 | | - | termination of employment, but must be actuarially reduced to account for benefit |
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202 | | - | payments beginning before the normal retirement date, as determined under |
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203 | | - | subsection 3. Except for a national guard security officer or firefighter, a firefighter, peace |
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204 | | - | officer, or correctional officer employed by a political subdivision, a firefighter or peace |
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205 | | - | officer employed by the state, or a supreme court or district court judge, early retirement |
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206 | | - | benefits for members first enrolled after December 31, 2015, are calculated for single life |
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207 | | - | benefits accrued to the date of termination of employment, but must be reduced by a |
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208 | | - | fixed rate of eight percent per year to account for benefit payments beginning before the |
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209 | | - | normal retirement date. A retiree, other than a supreme or district court judge, is eligible |
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| 398 | + | hundredths percent of final average salary multiplied by the number of |
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| 399 | + | years of service employment. |
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| 400 | + | (2)Prior service benefit equals two percent of final average salary multiplied by |
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| 401 | + | the number of years of prior service employment. |
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| 402 | + | e.Postponed retirement benefits are calculated as for single life benefits for those |
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| 403 | + | members who retired on or after July 1, 1977. |
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| 404 | + | f.e.Early retirement benefits are calculated as for single life benefits accrued to the |
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| 405 | + | date of termination of employment, but must be actuarially reduced to account for |
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| 406 | + | benefit payments beginning before the normal retirement date, as determined |
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| 407 | + | Page No. 7 25.0115.02000 |
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| 438 | + | 31 Sixty-ninth |
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| 439 | + | Legislative Assembly |
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| 440 | + | under subsection 3. Except for a national guard security officer or firefighter, a |
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| 441 | + | firefighter, peace officer, or correctional officer employed by a political |
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| 442 | + | subdivision, a firefighter or peace officer employed by the state, or a supreme |
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| 443 | + | court or district court judge, early retirement benefits for members first enrolled |
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| 444 | + | after December 31, 2015, are calculated for single life benefits accrued to the |
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| 445 | + | date of termination of employment, but must be reduced by a fixed rate of eight |
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| 446 | + | percent per year to account for benefit payments beginning before the normal |
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| 447 | + | retirement date. A retiree, other than a supreme or district court judge, is eligible |
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211 | | - | employment. A supreme or district court judge retiree is eligible for early retirement |
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212 | | - | benefits only after having completed five years of eligible employment. |
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213 | | - | g.f.Except for supreme and district court judges, disability retirement benefits are twenty-five |
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214 | | - | percent of the member's final average salary. Disability retirement benefits for supreme |
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215 | | - | and district court judges are seventy percent of final average salary reduced by the |
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216 | | - | member's primary social security benefits and by any workforce safety and insurance |
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217 | | - | benefits paid. The minimum monthly disability retirement benefit under this section is one |
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218 | | - | hundred dollars. H. B. NO. 1112 - PAGE 6 |
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219 | | - | ____________________________ ____________________________ |
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220 | | - | Speaker of the House President of the Senate |
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221 | | - | ____________________________ ____________________________ |
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222 | | - | Chief Clerk of the House Secretary of the Senate |
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223 | | - | This certifies that the within bill originated in the House of Representatives of the Sixty-ninth Legislative |
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224 | | - | Assembly of North Dakota and is known on the records of that body as House Bill No. 1112. |
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225 | | - | House Vote: Yeas 93 Nays 0 Absent 1 |
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226 | | - | Senate Vote:Yeas 47 Nays 0 Absent 0 |
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227 | | - | ____________________________ |
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228 | | - | Chief Clerk of the House |
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229 | | - | Received by the Governor at ________M. on _____________________________________, 2025. |
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230 | | - | Approved at ________M. on __________________________________________________, 2025. |
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231 | | - | ____________________________ |
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232 | | - | Governor |
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233 | | - | Filed in this office this ___________day of _______________________________________, 2025, |
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234 | | - | at ________ o’clock ________M. |
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235 | | - | ____________________________ |
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236 | | - | Secretary of State |
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| 449 | + | employment. A supreme or district court judge retiree is eligible for early |
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| 450 | + | retirement benefits only after having completed five years of eligible employment. |
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| 451 | + | g.f.Except for supreme and district court judges, disability retirement benefits are |
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| 452 | + | twenty-five percent of the member's final average salary. Disability retirement |
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| 453 | + | benefits for supreme and district court judges are seventy percent of final |
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| 454 | + | average salary reduced by the member's primary social security benefits and by |
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| 455 | + | any workforce safety and insurance benefits paid. The minimum monthly |
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| 456 | + | disability retirement benefit under this section is one hundred dollars. |
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| 457 | + | Page No. 8 25.0115.02000 |
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