North Dakota § 54-52.6-01 Definition of terms

North Dakota Statutes

§ 54-52.6-01 — Definition of terms

North Dakota § 54-52.6-01

Title 54State Government

Ch. 54-52.6Defined Contribution Retirement Plan

This text of North Dakota § 54-52.6-01 (Definition of terms) 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.

Bluebook

N.D. Cent. Code § 54-52.6-01 (2026).

Text

As used in this chapter, unless the context otherwise requires:

1."Board" means the public employees retirement system board.

2."Deferred member" means an individual who elected to receive deferred vested retirement benefits under chapter 54-52.

3."Eligible employee", for employees who become participating members after December 31, 2024, has the same meaning as provided under section 54-52-02.15. For employees who elected to join the defined contribution retirement plan under this chapter before January 1, 2025, the term includes a permanent state employee, except an employee of the judicial branch or an employee of the board of higher education and state institutions under the jurisdiction of the board of higher education, who is at least eighteen years of age and who is in a position

Free access — add to your briefcase to read the full text and ask questions with AI

As used in this chapter, unless the context otherwise requires:
1. "Board" means the public employees retirement system board.
2. "Deferred member" means an individual who elected to receive deferred vested
retirement benefits under chapter 54-52.
3. "Eligible employee", for employees who become participating members after
December 31, 2024, has the same meaning as provided under section 54-52-02.15.
For employees who elected to join the defined contribution retirement plan under this
chapter before January 1, 2025, the term includes a permanent state employee,
except an employee of the judicial branch or an employee of the board of higher
education and state institutions under the jurisdiction of the board of higher education,
who is at least eighteen years of age and who is in a position not classified by the
North Dakota human resource management services.
4. "Employee" means an individual employed by the state, whose compensation is paid
out of state funds, or funds controlled or administered by the state or paid by the
federal government through any of its executive or administrative officials.
5. "Employer" means the state of North Dakota, except the highway patrol for members
of the retirement plan created under chapter 39-03.1, or a participating political
subdivision of the state.
6. "Participating member" means an eligible employee who elects to participate in the
defined contribution retirement plan established under this chapter.
7. "Permanent employee" means a state employee whose services are not limited in
duration and who is filling an approved and regularly funded position and is employed
twenty hours or more per week and at least five months each year.
8. "Wages" and "salaries" means earnings in eligible employment under this chapter
reported as salary on a federal income tax withholding statement plus any salary
reduction or salary deferral amounts under 26 U.S.C. 125, 401(k), 403(b), 414(h), or
457. "Salary" does not include fringe benefits such as payments for unused sick leave,
personal leave, vacation leave paid in a lump sum, overtime, housing allowances,
transportation expenses, early retirement, incentive pay, severance pay, medical
insurance, workforce safety and insurance benefits, disability insurance premiums or
benefits, or salary received by a member in lieu of previously employer-provided fringe
benefits under an agreement between an employee and a participating employer.
Bonuses may be considered as salary under this section if reported pursuant to rules
adopted by the board.