N.D. Cent. Code § 54-52-03

Current through 2024 Legislative Session
Section 54-52-03 - Governing authority
1. A state agency is hereby created to constitute the governing authority of the system to consist of a board of eleven individuals known as the retirement board. No more than one elected member of the board may be in the employ of a single department, institution, or agency of the state or in the employ of a political subdivision. An employee of the public employees retirement system or the state retirement and investment office may not serve on the board.
2. Four members of the legislative assembly must be appointed to serve on the board. The majority leader of the house of representatives shall appoint two members of the house of representatives and the majority leader of the senate shall appoint two members of the senate. The members appointed under this subsection shall serve a term of two years. The members appointed under this subsection serve at the pleasure of the appointing majority leader.
3. Four members of the board must be appointed by the governor to serve a term of five years. Each appointee under this subsection must be a North Dakota citizen who is not a state or political subdivision employee and who is familiar with retirement and employee benefit plans. The governor shall appoint one of the citizen members to serve as chairman of the board. The members appointed under this subsection serve at the pleasure of the governor.
4. Three board members must be elected by and from among the active participating members, members of the retirement plan established under chapter 54-52.6, members of the retirement plan established under chapter 39-03.1, and members of the job service North Dakota retirement plan. Employees who have terminated their employment for whatever reason are not eligible to serve as elected members of the board under this subsection. Board members must be elected to a five-year term pursuant to an election called by the board. Notice of board elections must be given to all active participating members. The time spent in performing duties as a board member may not be charged against any employee's accumulated annual or any other type of leave.
5. The members of the board are entitled to receive one hundred forty-eight dollars per day compensation and necessary mileage and travel expenses as provided in sections 44-08-04 and 54-06-09. This is in addition to any other pay or allowance due the chairman or a member, plus an allowance for expenses they may incur through service on the board.
6. A board member shall serve until the board member's successor qualifies. Each board member is entitled to one vote, and eight of the eleven board members constitute a quorum. Six votes are necessary for resolution or action by the board at any meeting.

N.D.C.C. § 54-52-03

Amended by S.L. 2023SP1, ch. 647 (HB 1547),§ 1, eff. 10/25/2023.
Amended by S.L. 2023, ch. 47 (SB 2015),§ 41, eff. 6/1/2023.
Amended by S.L. 2015 , ch. 56( SB 2022 ), § 5, eff. 7/1/2015.
Amended by S.L. 2011 , ch. 431( SB 2109 ), § 6, eff. 8/1/2011.
Amended by S.L. 2011 , ch. 48( SB 2022 ), § 6, eff. 7/1/2011.