Skip to main content

North Dakota Century Code Title 54. State Government § 54-35-02.4. Employee benefits programs committee--Powers and duties

Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.

1. The employee benefits programs committee shall consider and report on those legislative measures and proposals over which it takes jurisdiction and which affect, actuarially or otherwise, 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.  The committee shall make a thorough review of any measure or proposal which it takes under its jurisdiction, including an actuarial review.  The committee shall take jurisdiction over any measure or proposal that authorizes an automatic increase or other change in benefits beyond the ensuing biennium which would not require legislative approval.  The committee must include in the report of the committee a statement that the proposal would allow future changes without legislative involvement.  The committee shall report its findings and recommendations, along with any necessary legislation, to the legislative management and to the legislative assembly.

2. To carry out its responsibilities, the committee, or its designee, 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 its retirement, insurance, or retiree health benefits fund, as appropriate, and without the need for a prior appropriation, the cost of any actuarial report required by the committee 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 may from time to time request.

c. Establish rules for its operation, including the submission and review of proposals and the establishing of standards for actuarial review.

3. The committee may solicit draft measures and proposals from interested persons during the interim between legislative sessions, and may also study measures and proposals referred to it by the legislative assembly or the legislative management.

4. A copy of the committee's report concerning any legislative measure shall, if that measure is introduced for consideration by a legislative assembly, be appended to the copy of that measure which is referred to a standing committee.

5. A legislative measure affecting a public employees retirement program, public employees health insurance program, or public employee retiree health insurance program may not be introduced in either house unless it is accompanied by a report from the committee.  A majority of the members of the committee, acting through the chairman, has sole authority to determine whether any legislative measure affects a program.

6. Any amendment made during a legislative session to a legislative measure affecting a public employees retirement program, public employees health insurance program, or public employee retiree health insurance program may not be considered by a standing committee unless it is accompanied by a report from the employee benefits programs committee.

7. Any legislation enacted in contravention of this section is invalid and of no force and effect, and any benefits provided under such legislation must be reduced to the level current prior to enactment.

Cite this article: FindLaw.com - North Dakota Century Code Title 54. State Government § 54-35-02.4. Employee benefits programs committee--Powers and duties - last updated January 01, 2020 | https://codes.findlaw.com/nd/title-54-state-government/nd-cent-code-sect-54-35-02-4.html


FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.

Was this helpful?

Thank you. Your response has been sent.

Copied to clipboard