Section 15-39.1-04 - DefinitionsFor purposes of this chapter, unless the context or subject matter otherwise requires:
1. "Actuarial equivalent" means the amount calculated to be of equal actuarial value to the benefit otherwise payable when computed on the basis of actuarial assumptions and methods adopted by the board.2. "Beneficiary" means a person, estate, trust, or organization designated in writing by a participating member to receive benefits provided by this plan, in receipt of benefits, or otherwise provided under section 15-39.1-17.3. "Board" means the board of trustees of the teachers' fund for retirement.4. "Contract" means a written agreement with a school board or other governing body of a school district or special education unit of this state or a letter of appointment by a state institution, state agency, or other employer participating in the fund.5. "Fund" means the teachers' fund for retirement.6. "Interest" as applied to member assessments is an annual rate of six percent compounded monthly and as applied to the repurchase of credit for withdrawn years is six percent compounded annually.7. "Normal retirement age" means the age at which a member becomes eligible for monthly lifetime normal unreduced retirement benefits as provided in subsection 1 of section 15-39.1-10.8. "Retirement" means cessation of covered employment and acceptance of a benefit under former chapter 15-39, or chapter 15-39.1 or 15-39.2.9. "Retirement annuity" means the payments made by the fund to a member after retirement.10. "Salary" means a member's earnings in eligible employment under this chapter for teaching, supervisory, administrative, and extracurricular services during a plan year reported as salary on the member's federal income tax withholding statements plus any salary reduction or salary deferral amounts under 26 U.S.C. 125, 132(f), 401(k), 403(b), 414(h), or 457, as amended. "Salary" includes amounts paid to members for performance of duties, unless amounts are conditioned on or made in anticipation of an individual member's retirement or termination. The annual salary of each member taken into account in determining benefit accruals and contributions may not exceed the annual compensation limits established under 26 U.S.C. 401(a)(17)(B), as amended, as adjusted for increases in the cost of living in accordance with 26 U.S.C. 401(a)(17)(B), as amended. A salary maximum is not applicable to members whose participation began before July 1, 1996. "Salary" does not include:a. Fringe benefits or side, nonwage, benefits that accompany or are in addition to a member's employment, including insurance programs, annuities, transportation allowances, housing allowances, meals, lodging, or expense allowances, or other benefits provided by a member's employer.b. Insurance programs, including medical, dental, vision, disability, life, long-term care, workforce safety and insurance, or other insurance premiums or benefits.c. Payments for unused sick leave, personal leave, vacation leave, or other unused leave.d. Early retirement incentive pay, severance pay, or other payments conditioned on or made in anticipation of retirement or termination.e. Teacher's aide pay, referee pay, bus driver pay, or janitorial pay.f. Amounts received by a member in lieu of previously employer-provided benefits or payments that are made on an individual selection basis.g. Signing bonuses as defined under section 15.1-09-33.1.h. Other benefits or payments not defined in this section which the board determines to be ineligible teachers' fund for retirement salary.11. "State institution" includes North Dakota vision services - school for the blind, the school for the deaf, and the North Dakota youth correctional center.12. "Teacher" means: a. All persons licensed by the education standards and practices board who are contractually employed in teaching, supervisory, administrative, or extracurricular services by a state institution, multidistrict special education unit, area career and technology center, regional education association, school board, or other governing body of a school district of this state, including superintendents, assistant superintendents, business managers, principals, assistant principals, and special teachers. For purposes of this subdivision, "teacher" includes persons contractually employed by one of the above employers to provide teaching, supervisory, administrative, or extracurricular services to a separate state institution, state agency, multidistrict special education unit, area career and technology center, regional education association, school board, or other governing body of a school district of this state under a third-party contract.b. The superintendent of public instruction, assistant superintendents of public instruction, county superintendents, assistant superintendents, supervisors of instruction, the professional staff of the department of career and technical education, the professional staff of the center for distance education, the executive director and professional staff of North Dakota united who are members of the fund on July 1, 1995, the professional staff of an interim school district, and the professional staff of the North Dakota high school activities association who are members of the fund on July 1, 1995.c. The executive director and professional staff of the North Dakota council of school administrators who are members of the fund on July 1, 1995, and licensed staff of teachers centers, but only if the person was previously a member of and has credits in the fund.d. Employees of institutions under the control and administration of the state board of higher education who are members of the fund on July 16, 1989.13. "Tier one grandfathered member" for purposes of sections 15-39.1-10 and 15-39.1-12 means a tier one member who, as of June 30, 2013, is vested as a tier one member in accordance with section 15-39.1-11; and a. Is at least fifty-five years of age; orb. Has a combined total of years of service credit in the plan and years of age which equals or exceeds sixty-five.14. "Tier one member" means a teacher who has credit in the system on July 1, 2008, and has not taken a refund pursuant to section 15-39.1-20 after June 30, 2008.15. "Tier one nongrandfathered member" for purposes of sections 15-39.1-10 and 15-39.1-12 means a tier one member who does not qualify as a tier one grandfathered member.16. "Tier two member" means a teacher who is not a tier one member.Amended by S.L. 2023 , ch. 166( HB 1219 ), § 1, eff. 8/1/2023.Amended by S.L. 2017 , ch. 129( SB 2030 ), § 3, eff. 8/1/2017.Amended by S.L. 2015 , ch. 136( HB 1064 ), § 1, eff. 8/1/2015.Amended by S.L. 2013 , ch. 141( SB 2061 ), § 1, eff. 8/1/2013.Amended by S.L. 2011 , ch. 125( HB 1134 ), § 1, eff. 8/1/2011.Amended by S.L. 2011 , ch. 124( HB 1133 ), § 1, eff. 8/1/2011.