§ 54-35-02.4 — Employee benefits programs committee - Powers and duties

North Dakota § 54-35-02.4

• Jurisdiction: North Dakota
• Title 54: State Government
• Ch. 54-35: Legislative Management

Text

1. During each interim, the employee benefits programs committee shall consider and
report on the legislative proposals over which the committee takes jurisdiction and
which fiscally impact the retirement programs of state employees or employees of any
political subdivision, and health and retiree health plans of state employees or
employees of any political subdivision. A majority of the members of the committee has
sole authority to determine whether a legislative proposal affects a program. The
committee shall make a thorough review of each proposal the committee takes under
its jurisdiction, including an actuarial report. The committee shall take jurisdiction over
a proposal that authorizes an automatic increase or other change in benefits beyond
the ensuing biennium which would not require legislative approval. The committee
shall include in the report of the committee a statement that the proposal would allow
future changes without legislative involvement. The committee shall report the findings
and recommendations of the committee, along with any necessary legislation, to the
legislative management and to the legislative assembly.
2. To carry out the responsibilities of the committee, the committee, or the designee of
the committee, may:
a. Enter contracts, including retainer agreements, with an actuary or actuarial firm
for expert assistance and consultation. Each retirement, insurance, or retiree
insurance program shall pay, from the program's retirement, insurance, or retiree
health benefits fund, as appropriate, and without the need for a prior

appropriation, the cost of an actuarial report required under this section which
relates to that program.
b. Call on personnel from state agencies or political subdivisions to furnish such
information and render such assistance as the committee from time to time may
request.
c. Establish rules for the operation of the committee, including the submission and
review of proposals and the establishing of standards for actuarial reports.
3. The committee may solicit draft measures and proposals from interested persons
during the interim between legislative sessions, and also may study measures and
proposals referred to the committee by the legislative assembly or the legislative
management.
4. A copy of the committee's report concerning a legislative measure, if that measure is
introduced for consideration by a legislative assembly, must be appended to the copy
of that measure.
5. If a legislative measure affecting a public employees retirement program, public
employees health insurance program, or public employee retiree health insurance
program is introduced in either house without a report from the committee, the
chairman and vice chairman of the employee benefits programs committee shall
request an actuarial report from the program affected and shall provide the report to
the standing committee to which the measure is referred. During the legislative
session, the employee benefits programs committee chairman and vice chairman,
working together, have sole authority to determine whether a legislative measure or
amendment affects a program under this subsection and subsection 6.
6. During a legislative session, if an amendment is made to a legislative measure which
fiscally impacts a public employees retirement program, public employees health
insurance program, or public employee retiree health insurance program, the
employee benefits programs committee chairman and vice chairman shall request
from the affected program an actuarial report on the amendment and shall provide the
report to the standing committee to which the bill is referred.
7. Legislation enacted in contravention of this section is invalid, and any benefits
provided under the legislation must be reduced to the level current before enactment
of the legislation.