North Dakota Century Code Title 54. State Government § 54-52-02.5. Newly elected and appointed state officials (Effective on the date identified if the contingency is satisfied)

1. After December 31, 1999, but before the effective date of this Act, an individual elected or appointed to a state office for the first time must, from and after the date that individual qualifies and takes office, be a participating member of the public employees retirement system unless that person makes an election at any time during the first six months after the date the person takes office to participate in the defined contribution retirement plan established under chapter 54-52.6.

2. After the day before the effective date of this Act, an individual elected or appointed to a state office for the first time, from and after the date that individual qualifies and takes office, must be a participating member of the defined contribution retirement plan established under chapter 54-52.6, unless at the time of election or appointment the individual is a participating or deferred member under this chapter, in which case the official remains a participating member under this chapter.

3. As used in this section, the phrase “for the first time” means an individual appointed, who, after December 31, 1999, does not hold office as an appointed official at the time of that individual's appointment.