§ 18-11-15 — Service pensions - Qualifications

North Dakota § 18-11-15

• Jurisdiction: North Dakota
• Title 18: Fires
• Ch. 18-11: Alternate Firefighters Relief Association Plan

Text

1. A monthly service pension must be paid to members of the association with the
following qualifications:
Percent of first-class
Years of firefighter's monthly salary
Years of age at on January first during year
service retirement the pension is paid
20 50 40%
21 51 42%
22 52 44%
23 53 46%
24 54 48%
25 55 50%
26 56 52%
27 57 54%

28 58 56%
29 59 58%
30 60 60%
2. Except for members participating in a firefighters relief association paying a monthly
service pension to members of the association under subsection 4 or 5, all members
must serve twenty years before they are eligible for a service pension. Members
participating in a firefighters relief association paying a monthly service pension to
members of the association under subsection 4 or 5 must serve ten years before they
are eligible for a service pension. However, any member who has twenty years of
service or ten years of service with a firefighters relief association paying a monthly
service pension to members of the association under subsection 4 or 5, and who has
not attained retirement age may retire from the department without forfeiting the right
to a service pension. The association, in its bylaws, may establish a retirement age of
not less than fifty years, at which time the service pension becomes payable. This
retirement age may be established for all firefighters or classes of firefighters by birth
dates. A person who has served twenty years or ten years with a firefighters relief
association paying monthly service pensions to members of the association under
subsection 4 or 5 and who is separated from service must, upon application, be placed
on the deferred pension roll of the association, and after reaching retirement age, the
association shall, upon application therefor, pay the service pension from the date the
member attains eligibility at a rate of forty percent of the monthly salary of a first-class
firefighter as determined on January first of the year in which the pension is paid. Any
person making such application waives all other rights, claims, or demands against the
association for any cause, except those causes that may have arisen from, or that may
be attributable to, the person's service on the fire department.
3. With the consent of the governing body of the city involved, and in substitution for the
pension payment schedule provided in subsection 1, a firefighters relief association
shall pay a monthly service pension to members of the association with the following
qualifications, the following amounts:
Percent of first-class
firefighter's monthly salary
Years of Years of on January first during year
service age the pension is paid
20 50 40%
21 51 42%
22 52 44%
23 53 46%
24 54 48%
25 55 50%
26 56 52%
27 57 54%
28 58 56%
29 59 58%
30 60 60%
4. With the consent of the governing body of the city involved, and in substitution for the
pension payment schedule provided in subsection 1 or 3, a firefighters relief
association shall pay a monthly service pension to members of the association with
the following qualifications, the following amounts:
Percent of first-class
firefighter's monthly salary
Years of Years of on January first during year
service age the pension is paid
10 50 20%
11 50 22%
12 50 24%
13 50 26%

14 50 28%
15 50 30%
16 50 32%
17 50 34%
18 50 36%
19 50 38%
20 50 40%
21 51 42%
22 52 44%
23 53 46%
24 54 48%
25 55 50%
26 56 52%
27 57 54%
28 58 56%
29 59 58%
30 60 60%
5. With the consent of the governing body of the city involved, upon the advice of its
actuary that the pension schedule can be implemented on an actuarially sound basis
and notification to the legislative management's employee benefits programs
committee, and in substitution for the pension payment schedule provided in
subsection 1, 3, or 4, a firefighters relief association shall pay a monthly service
pension to members of the association with the following qualifications, the following
amount:
Percent of first-class
firefighter's monthly salary
Years of Years of on January first during year
service age the pension is paid
10 50 20%
11 50 22%
12 50 24%
13 50 26%
14 50 28%
15 50 30%
16 50 32%
17 50 34%
18 50 36%
19 50 38%
20 50 40%
21 51 43%
22 52 46%
23 53 49%
24 54 52%
25 55 55%
26 56 58%
27 57 61%
28 58 64%
29 59 67%
30 60 70%
6. Benefits with respect to a member may not exceed the maximum benefits specified
under section 415 of the Internal Revenue Code; 26 U.S.C. 415 for governmental
plans. This section does not constitute an election under section 415(b)(10)(C) of the
Internal Revenue Code; 26 U.S.C. 415(b)(10)(C).