Section 54-52.1-03.3 - Eligibility for retiree health benefits - Fixed contribution and reduction factors1. The following individuals are entitled to receive credit for hospital benefits coverage, medical benefits coverage, and prescription drug coverage under any health insurance program and for any dental, vision, and long-term care benefits coverage under any insurance program:a. A member or surviving spouse of the highway patrol troopers' retirement system is eligible for the credit beginning on the date retirement benefits are effective.b. If the member first enrolled before January 1, 2020, a member or surviving spouse of the public employees retirement system is eligible for the credit beginning on the date retirement benefits are effective.c. A member or surviving spouse of the retirement program established by job service North Dakota under section 52-11-01 is eligible for the credit beginning on the date retirement benefits are effective.d. A retired judge or surviving spouse of the retirement program established under chapter 27-17 is eligible for the credit beginning on the date retirement benefits are effective.e. If the former participating member first enrolled before January 1, 2020, a former participating member of the defined contribution retirement plan receiving retirement benefits, or the surviving spouse of a former participating member of that retirement plan who was eligible to receive or was receiving benefits, under section 54-52.6-13, is eligible as determined by the board pursuant to the board's rules.2. The board shall calculate the allowable monthly credit toward hospital benefits coverage, medical benefits coverage, and prescription drug coverage under any health insurance program and toward dental, vision, and long-term care benefits coverage under any insurance program under subsection 1 in an amount equal to five dollars multiplied by the member's or deceased member's number of years of credited service under the highway patrol troopers' retirement system, the public employees retirement system, the retirement program established by job service North Dakota under section 52-11-01, or the judges' retirement program established under chapter 27-17. For a member of the public employees retirement system receiving an early retirement benefit or the surviving spouse of that member, or a former participating member of the defined contribution retirement plan who is receiving a periodic distribution and would not meet the normal retirement provisions of the public employees retirement system, the allowable monthly credit must be reduced by three percent if the member terminates employment within one year before attaining the age of sixty-five and an additional reduction factor of six percent applies for each year the member terminates employment before attaining the age of sixty-four. For a member of the highway patrol troopers' retirement system receiving an early retirement benefit or the surviving spouse of that member, the allowable monthly credit must be reduced by three percent if the member terminates employment within one year before attaining the age of fifty-five and an additional reduction factor of six percent applies for each year the member terminates employment before attaining the age of fifty-four. For a member of the retirement program established by job service North Dakota under section 52-11-01 receiving an early retirement benefit or a discontinued service annuity under the plan provisions of that retirement program or the surviving spouse of that member, the allowable monthly credit must be reduced by three percent if the member terminates employment within one year before attaining the age of sixty-five and an additional reduction factor of six percent applies for each year the member terminates employment before attaining the age of sixty-four.3. The board shall apply the credit allowable under subsection 2 as elected by the eligible participant to the payment of monthly premiums required of each individual eligible under subsection 1 for hospital benefits coverage, medical benefits coverage, and prescription drug coverage under any health insurance program and for dental, vision, and long-term care benefits coverage under any insurance program. The board shall allow spouses who each have credit under subsection 2 to combine the spouses' credits and shall apply the combined credit to the required monthly premiums as elected pursuant to this subsection. However, if the allowable credit under any circumstance exceeds the monthly premium in effect for selected coverage, that amount of the credit which exceeds the premium is forfeited and may not be used for any other purpose.4. As an alternative to the calculation of the allowable monthly credit under subsection 2, the board may provide actuarially reduced benefit options for the member and the member's surviving spouse, including a one hundred percent joint and survivor option or a fifty percent joint and survivor option.Amended by S.L. 2023, ch. 70 (SB 2053),§ 26, eff. 8/1/2023.Amended by S.L. 2023, ch. 70 (SB 2053),§ 25, eff. 8/1/2023.Amended by S.L. 2021 , ch. 439( SB 2044 ), § 7, eff. 8/1/2021.Amended by S.L. 2019 , ch. 459( SB 2046 ), § 4, eff. 7/1/2019.Amended by S.L. 2019 , ch. 463( SB 2045 ), § 2, eff. 8/1/2019.Amended by S.L. 2017 , ch. 372( SB 2053 ), § 6, eff. 8/1/2017.Amended by S.L. 2013 , ch. 433( HB 1058 ), § 3, eff. 7/1/2015, the effective date for the implementation of state health care exchanges as specified under section 1321 of the Patient Protection and Affordable Care Act of 2010 [Pub. L. 111-148] in effect on 3/23/2010, as modified by the Health Care and Education Reconciliation Act of 2010 [Pub. L. 111-152] in effect on 3/30/2010, or no later than the first day of the fourth month after a date subsequently designated by the United States department of health and human services for the implementation of state health care exchanges.