# Title 71 — Retirement Board

## Article 71-08 — Defined Contribution Retirement Plan

## Chapter 71-08-06 — Uniformed Services Employment and Reemployment Rights Act

### § 71-08-06-01. Eligibility requirements.

To be eligible to receive service credit with the defined contribution plan for military time under this
chapter, a veteran must have had an interruption of the veteran's employment and been discharged
under honorable conditions.
History: Effective May 1, 2004.
General Authority: NDCC 54-52.6-04, 54-52-02
Law Implemented: NDCC 54-52.6-09.4
### § 71-08-06-02. Award of service credit.

A veteran with eligible time may receive up to sixty months' credit upon proper application. A
veteran eligible to receive service credit for military time must apply for and, if required to pay any
portion of the employee contribution, purchase that time within the lesser of three times the length of
active duty or five years from the date of that person's return to covered employment after an honorable
discharge. Service credit will not be awarded until all required documentation is received by the North
Dakota public employees retirement system. If payment of required employer and employee
contributions is made, the service will be recognized for both benefit eligibility and benefit calculation
purposes. If payment of required employer and employee contribution is not made, then the veteran's
application for service will be recognized and credit will be used for benefit eligibility purposes only.
History: Effective May 1, 2004; amended effective July 1, 2006; April 1, 2012.
General Authority: NDCC 54-52.6-04, 54-52-04
Law Implemented: NDCC 54-52.6-09.4; 38 USC 4318(a)(2)(A), 38 USC 4318(a)(2)(B), 38 USC
4318(b)(2); 20 CFR1002.259-262
### § 71-08-06-03. Documentation requirements.

The burden of proof will be on the member for providing documentation necessary to determine
what military time is eligible for service credit. At a minimum, the following documentation is required
before service credit will be awarded:
1. The member must provide a legible copy of military discharge papers indicating an honorable
discharge (DD214, DD215, or NGB22).
2. The member must provide proof of the last day of employment prior to reporting for active duty
and the first day of employment following the return from active duty. This information must be
certified by the authorized agent of the employing agency using a "Purchase Agreement for
USERRA Covered Military Active Duty" or notice of change if returning from leave of absence.
3. The members requesting service credit for extended military terms must provide a legible copy
of the appropriate military papers (DD214).
4. A member who elects to purchase military time must submit a completed purchase
agreement.

History: Effective May 1, 2004; amended effective July 1, 2006.
General Authority: NDCC 54-52-04, 54-52.6-04
Law Implemented: NDCC 54-52.6-09.4
### § 71-08-06-04. Cost.

The cost for purchase of eligible military service in the defined contribution plan may be paid as
follows:
1. The cost for any required employee contributions to be paid by the member may be paid in a
lump sum or in installments pursuant to the rules established for purchase or repurchase
payment under subsection 3, 4, or 5 of section 71-02-03-02.2. If no payments have been
made, no credit will be awarded for benefit calculation purposes.
2. The employer cost will be assessed to the member's most recent participating employer. Upon
being billed by the public employees retirement system, the participating employer will have
thirty days in which to make payment in full. If, after sixty days, the employer has not made
payment in full, a civil penalty of fifty dollars will be assessed, and, as interest, one percent of
the amount due for each month of delay or fraction thereof after the payment became due.
History: Effective May 1, 2004; amended effective July 1, 2006; July 1, 2010; April 1, 2012.
General Authority: NDCC 54-52-04, 54-52.6-04
Law Implemented: NDCC 54-52.6-09.4; 38 USC 4318(a)(2)(A), 38 USC 4318(a)(2)(B), 38 USC
4318(b)(2); 20 CFR 1002.259-262
### § 71-08-06-05. Refund of overpayments.

If an employee purchased military service at a cost higher than determined in this chapter,
overpayments may be refunded. Upon verification that the previously purchased military service meets
the general eligibility requirements under section 71-08-06-01, a refund may be issued according to the
following guidelines:
1. For a purchase paid in a lump sum:
a. The overpayment will be refunded to the member.
b. The refund will be calculated and issued within one hundred eighty days of receiving all
necessary documentation.
2. For a purchase paid in installments:
a. If the employee is currently making installment payments, the purchase amount will be
recalculated using the percentage of salary that the member was required to pay times
eligible months of military time being purchased. Any excess funds resulting from the
recalculation will be applied toward the outstanding amount due. Should the payments
made to date exceed the new contract amount, a refund of the difference will be issued
within one hundred eighty days.
b. If an eligible employee or retiree has paid the installment contract in full, the purchase
amount will be recalculated using the percentage of salary that the member was required
to pay times eligible months of military time being purchased. A refund of the difference
between the payments actually made and what the payments should have been on the
new contract amount will be made within one hundred eighty days of receiving the
necessary documentation.
History: Effective May 1, 2004; amended effective July 1, 2006.
General Authority: NDCC 54-52-04, 54-52.6-04

Law Implemented: NDCC 54-52.6-09.4
