# Title 71 — Retirement Board

## Article 71-03 — Uniform Group Insurance Program

## Chapter 71-03-03 — Employee Responsibilities

Termination
### § 71-03-03-01. Enrollment.

An eligible employee is entitled to coverage the first of the month following the month of
employment, or the month following meeting eligibility criteria, unless otherwise noted below, if the
employee submits an application for coverage within the first thirty-one days of employment or within
the thirty-one days of meeting eligibility for one of the following special enrollment periods:
1. Loss of coverage under any other health, dental, vision, or prescription drug insurance plan.
2. Marriage. The enrollment of an employee's spouse. An employee who previously waived
coverage shall enroll for coverage at the time the employee's spouse is enrolled.
3. Addition of a dependent as a result of receiving legal guardianship or receiving a court order
to provide health coverage. An employee who previously waived coverage shall enroll for
coverage at the same time that the employee's eligible dependent is enrolled.
4. Addition of a dependent as a result of birth, adoption, or placement for adoption. Effective date
of coverage is the first of the month in which the event occurred. An employee who previously
waived coverage shall enroll for coverage at the same time that the employee's eligible
dependent is enrolled.
History: Effective October 1, 1986; amended effective July 1, 1994; June 1, 1996; July 1, 1998; July 1,
2010; April 1, 2012; April 1, 2016; April 1, 2022; January 1, 2025.
General Authority: NDCC 54-52.1-08
Law Implemented: NDCC 54-52.1-02, 54-52.1-03
### § 71-03-03-02. Late enrollment.

An eligible employee failing to submit an application for coverage within the first thirty-one days of
employment or eligibility for a special enrollment period may enroll during the annual open enrollment.
Upon a showing of good cause, the executive director may waive the thirty-one day application
requirement.
History: Effective October 1, 1986; amended effective June 1, 1996; July 1, 1998; May 1, 2004; April 1,
2016.
General Authority: NDCC 54-52.1-08
Law Implemented: NDCC 54-52.1-03, 42 U.S.C. 300gg-3
### § 71-03-03-03. Early enrollment.

Repealed effective June 1, 1996.

### § 71-03-03-04. Open enrollment.

Repealed effective June 1, 1996.
### § 71-03-03-05. Special enrollment for certain qualifying events.

An eligible employee, retiree, or surviving spouse who elects to take a periodic distribution from the
defined contribution retirement plan or a monthly retirement benefit from the North Dakota public
employees retirement system, North Dakota highway patrolmen's retirement system, the retirement
system established by job service North Dakota, the teachers' fund for retirement, or teachers'
insurance and annuity association of America - college retirement equities fund, or retirees who have
accepted a retirement allowance from a participating political subdivision's retirement plan and provide
verification of distribution are eligible for coverage with the health, dental, vision, or prescription drug
insurance program.
1. The employee, retiree, or surviving spouse must submit application for coverage within
thirty-one days from one of the following qualifying events:
a. The month in which the eligible employee or retiree turns age sixty-five or becomes
eligible for Medicare.
b. The month in which the eligible employee's or retiree's spouse turns age sixty-five or
becomes eligible for Medicare.
c. The month in which the eligible employee terminates employment.
d. The month in which the eligible retiree or surviving spouse receives the first monthly
retirement benefit from one of the eligible retirement systems outlined above.
e. The month in which an eligible employee or retiree who is covered through a spouse's
plan becomes ineligible for the spouse's plan due to divorce, death, loss of employment,
reduction in hours or other events which may cause loss of coverage as determined by
the board.
f. The month in which the eligible employee or retiree is no longer eligible for
employer-sponsored insurance, including coverage provided under the Consolidated
Omnibus Budget Reconciliation Act.
2. Coverage will become effective on the first day of the month following the month in which the
qualifying event occurred or under subdivision a or b of subsection 1 may become effective
the month in which eligibility for Medicare occurs. If an application is not submitted within
thirty-one days of a qualifying event, the eligible individual must be considered to have waived
coverage and may not be enrolled unless the individual meets the criteria of another qualifying
event. Upon a showing of good cause, the executive director may waive the thirty-one day
application requirement.
3. Other individuals eligible for the health, dental, vision, or prescription drug insurance plan
include a surviving spouse who is not receiving a qualified monthly retirement benefit from one
of the eligible retirement systems outlined above, but who was a covered dependent on the
eligible retiree's health, dental, vision, or prescription drug insurance plan at the time of the
eligible retiree's death, if there is no lapse in coverage.
4. Individuals not eligible for the health, dental, vision, or prescription drug insurance plan
include:

a. A former employee who received a refund of the employee's retirement account,
including individuals in the defined contribution plan who take a cash withdrawal of the
employee's account, roll their account into another qualified plan, or use the moneys in
their account to purchase an annuity.
b. A nonspouse beneficiary (eligible for Consolidated Omnibus Budget Reconciliation Act).
c. A deferred retiree or surviving spouse between the time in which the retiree or surviving
spouse's eligibility for the Consolidated Omnibus Budget Reconciliation Act (if eligible)
ends and the month in which the eligible retiree or surviving spouse receives the first
monthly retirement benefit from one of the eligible retirement systems.
d. A formerly deferred retiree who received a refund of the retiree's retirement account.
e. A surviving spouse of a nonvested employee eligible for the Consolidated Omnibus
Budget Reconciliation Act.
f. A surviving spouse of a former employee who received a refund of the employee's
retirement account.
g. A former participating member of the defined contribution retirement program who would
not qualify for one of the retirement dates set forth in subsection 3 of North Dakota
Century Code section 54-52-17 if that employee was a member of the defined benefit
retirement plan, unless eligible under the Consolidated Omnibus Budget Reconciliation
Act, and then only for the required duration of eligibility under the Act.
h. For the purposes of the medical and prescription drug plan, employees who first retire
after July 1, 2015, and are not eligible for Medicare upon their retirement and completion
of any period of eligibility under the Consolidated Omnibus Budget Reconciliation Act,
until such time as they or their spouse become eligible for Medicare.
History: Effective October 1, 1986; amended effective November 1, 1990; July 1, 1994; June 1, 1996;
July 1, 1998; July 1, 2000; May 1, 2004; April 1, 2012; April 1, 2016; July 1, 2018.
General Authority: NDCC 54-52.1-08
Law Implemented: NDCC 54-52.1-02, 54-52.1-03, 54-52.1-03.1; Pub. L. 99-272; 100 Stat. 222; 26
USC 162 et seq.
### § 71-03-03-06. Continuation of health, dental, vision, or prescription drug coverage after

termination.
An employee who terminates employment and is not receiving a monthly retirement benefit from
one of the eligible retirement systems, and applies for continued coverage with the health, dental,
vision, or prescription drug plan may continue such coverage for a maximum of eighteen months by
remitting timely payments to the board. The employee desiring coverage shall notify the board within
sixty days of the termination. Coverage will become effective on the first day of the month following the
last day of coverage by the employing agency, if an application is submitted within sixty days. An
individual who fails to timely notify the board is not eligible for coverage.
History: Effective October 1, 1986; amended effective November 1, 1990; June 1, 1996; April 1, 2012.
General Authority: NDCC 54-52.1-08
Law Implemented: NDCC 54-52.1-02; Pub. L. 99-272; 100 Stat. 222; 26 USC 162 et seq.
### § 71-03-03-07. Continuation of health, dental, vision, or prescription drug coverage for

dependents.
Dependents of employees with family coverage may continue coverage with the group after their
eligibility would ordinarily cease. This provision includes divorced or widowed spouses and children

when they are no longer dependent on the employee. Coverage is contingent on the prompt payment
of the premium, and in no case will coverage continue for more than thirty-six months. Dependents
desiring coverage shall notify the board within sixty days of the qualifying event and must submit an
application in a timely manner. An individual who fails to notify the board within the sixty days, and who
desires subsequent coverage, will not be eligible for coverage.
History: Effective October 1, 1986; amended effective November 1, 1990; April 1, 2012.
General Authority: NDCC 54-52.1-08
Law Implemented: NDCC 54-52.1-02; Pub. L. 99-272; 100 Stat. 232; 42 USC 300 et seq.
### § 71-03-03-08. Continuation of life insurance after retirement.

An employee who is enrolled in the group life insurance program may continue the basic and
supplemental life insurance coverage upon retirement or disability if the employee receives a retirement
allowance from an eligible retirement system by applying for life insurance coverage and remitting
timely payments to the board. Life insurance coverage must be continuous from when active group life
insurance ends and retired employee life insurance coverage begins. Supplemental life insurance
coverage can only be continued until age sixty-five.
History: Effective October 1, 1986; amended effective June 1, 1996; May 1, 2004; April 1, 2014;
January 1, 2025.
General Authority: NDCC 54-52.1-08
Law Implemented: NDCC 54-52.1-02
### § 71-03-03-09. Leave without pay.

An employee on an approved leave without pay may elect to continue coverage for the periods
specified in the plans for life insurance, health, dental, vision, or prescription drug coverages by paying
the full premium to the agency. An eligible employee electing not to continue coverage during a leave of
absence is entitled to renew coverage for the first of the month following the month that the employee
has returned to work if the employee submits an application for coverage within the first thirty-one days
of returning to work. An eligible employee failing to submit an application for coverage within the first
thirty-one days of returning to work or eligibility for a special enrollment period, may enroll during the
annual open enrollment. Upon a showing of good cause, the executive director may waive the
thirty-one day application requirement.
History: Effective October 1, 1986; amended effective November 1, 1990; June 1, 1996; September 1,
1997; July 1, 1998; May 1, 2004; April 1, 2012; April 1, 2022.
General Authority: NDCC 54-52.1-08
Law Implemented: NDCC 54-52.1-02, 54-52.1-03
### § 71-03-03-10. Employee contribution.

An employee who selects a level of coverage which requires an additional amount of premium shall
pay the amount due to the employing agency. The employee contribution may be paid via payroll
deduction or any other means acceptable to the agency.
History: Effective October 1, 1986; amended effective January 1, 2025.
General Authority: NDCC 54-52.1-08
Law Implemented: NDCC 54-52.1-03
