North Dakota Century Code Title 54. State Government § 54-52-02.15. Public employees retirement system main plan--Closure to new hires--Multiple plan membership (Effective on the date identified if the contingency is satisfied)

1. Under this section “eligible employee” means a permanent employee who:

2. Effective on the effective date of this Act, the public employees retirement system defined benefit main plan maintained for employees is closed to new eligible employees. However, an employee who becomes a participating or deferred member under this chapter before the effective date of this Act, remains in the defined benefit retirement plan under this chapter, regardless of being rehired after the day before the effective date of this Act.

3. Except as otherwise provided under this section, effective on the effective date of this Act, an eligible employee who begins employment with a participating employer shall participate in the defined contribution retirement plan under chapter 54-52.6 as provided under section 54-52.6-02.1.

4. This section does not impact an employee to the extent the employee is a participating member in one or more of the following enumerated plans: law enforcement plan, judges' plan, highway patrol plan, teachers' fund for retirement plan, or alternative retirement program established under section 15-10-17 for university system employees.

5. The board shall adopt rules to implement this section.

6. This section may not be construed to require a political subdivision to participate in the defined contribution retirement plan under chapter 54-52.6, even if the political subdivision has participated or continues to participate in the defined benefit retirement plan under this chapter. Political subdivision participation in the public employees retirement system, including the defined contribution retirement plan under chapter 54-52.6, is optional.

7. Notwithstanding sections 54-52-02.1 and 54-52-04, the board may not assess any fees or costs against a political subdivision for withdrawing from the defined contribution retirement plan under chapter 54-52.6.