Multiple plan membership - Eligibility for benefits - Amount of benefits
N.D. Cent. Code § 54-52-17.2
in effect54-52-17.2. Multiple plan membership - Eligibility for benefits - Amount of benefits
1. a. For the purpose of determining eligibility for benefits under this chapter, an
employee's years of service credit is the total of the years of service credit earned
in the public employees retirement system and the years of service credit earned
in any number of the following:
(1) The teachers' fund for retirement.
(2) The highway patrol troopers' retirement system.
(3) The teachers' insurance and annuity association of America - college
retirement equities fund (TIAA-CREF), for service credit earned while
employed by North Dakota institutions of higher education.
Service credit may not exceed twelve months of credit per year.
b. Subject to section 54-52-02.15 and pursuant to rules adopted by the board, an
employee who has service credit in the system and in any of the plans described
in paragraphs 1 and 2 of subdivision a is entitled to benefits under this chapter.
The benefits of a temporary employee employed after July 31, 2015, must be
calculated using the benefit formula in section 54-52-17. A permanent employee
or a temporary employee employed before August 1, 2015, may elect to have
benefits calculated using the benefit formula in section 54-52-17 under either of
the following methods:
(1) The final average salary as calculated in section 54-52-17. If the
participating member has worked for less than thirty-six months at
retirement, the final average salary is the average salary for the total months
of employment.
(2) The final average salary as calculated in section 54-52-17 for employment
with any of the three eligible employers under this subdivision, with service
credit not to exceed one month in any month when combined with the
service credit earned in the alternate retirement system.
The board shall calculate benefits for an employee under this subsection by using only
those years of service credit earned under this chapter.
2. a. If an employee who is eligible to participate in the public employees retirement
system is also employed in any position when membership in an alternate
retirement system is required, then, for purposes of current participation, the
employee is a member of each applicable retirement system. The employer shall
pay over to each retirement system the member assessment and employer
contributions at the rates currently existing for that retirement system.
b. If an employee described in subdivision a was employed prior to August 1, 2003,
and has dual membership rights, the employee may elect to begin participation in
the alternate plan pursuant to the plan provisions on August 1, 2003, or may
continue participation according to the plan provisions in effect on July 31, 2003.
An employee's election under this subdivision is ineffective unless delivered to
the public employees retirement system administrative offices by five p.m. on
October 31, 2003. If an election is not received by the public employees
retirement system, the participation and benefit calculation requirements in effect
on July 31, 2003, apply to that employee.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t54c52.pdf#nameddest=54-52-17p2Fetched: 10/16/2026