This text of North Dakota § 39-03.1-28 (Confidentiality of records) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
All records relating to the retirement benefits of a member or a beneficiary under this
chapter are confidential and are not public records. The information and records may be
disclosed, under rules adopted by the board only to:
1.A person to whom the member has given written consent to have the information
disclosed.
2.A person legally representing the member, upon proper proof of representation, and
unless the member specifically withholds consent.
3.A person authorized by a court order.
4.A member's participating employer, limited to information concerning the member's
years of service credit and years of age. The board may share other types of
information as needed by the employer to validate the employer's compliance with
existing state or federal laws. Any information provided to
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All records relating to the retirement benefits of a member or a beneficiary under this
chapter are confidential and are not public records. The information and records may be
disclosed, under rules adopted by the board only to:
1. A person to whom the member has given written consent to have the information
disclosed.
2. A person legally representing the member, upon proper proof of representation, and
unless the member specifically withholds consent.
3. A person authorized by a court order.
4. A member's participating employer, limited to information concerning the member's
years of service credit and years of age. The board may share other types of
information as needed by the employer to validate the employer's compliance with
existing state or federal laws. Any information provided to the member's participating
employer under this subsection must remain confidential except as provided under
subsection 6.
5. The administrative staff of the retirement and investment office for purposes relating to
membership and benefits determination.
6. State or federal agencies for purposes of reporting on a service provider's provision of
services or when the employer must supply information to an agency to validate the
employer's compliance with existing state or federal laws.
7. Member interest groups approved by the board on a third-party blind list basis, limited
to information concerning the member's participation, name, and address.
8. The member's spouse or former spouse, that individual's legal representative, and the
judge presiding over the member's dissolution proceeding for purposes of aiding the
parties in drafting a qualified domestic relations order under section 39-03.1-14.2. The
information disclosed under this subsection must be limited to information necessary
for drafting the order.
9. Beneficiaries designated by a participating member or a former participating member
to receive benefits after the member's death, but only after the member's death.
Information relating to beneficiaries may be disclosed to other beneficiaries of the
same member.
10. Any person if the board determines disclosure is necessary for treatment, operational,
or payment purposes, including the completion of necessary documents.
11. The general public, but only after the board has been unable to locate the member for
a period in excess of two years, and limited to the member's name and the fact that
the board has been unable to locate the member.
12. A government child support enforcement agency for purposes of establishing paternity
or establishing, modifying, or enforcing a child support obligation of the member.
13. A person if the information relates to an employer service purchase under section
39-03.1-10.2, but the information must be limited to the member's name and employer,
the retirement program in which the member participates, the amount of service credit
purchased by the employer, and the total amount expended by the employer for that
service credit purchase, and that information may only be obtained from the member's
employer.