# Title 71 — Retirement Board

## Article 71-05 — Highway Patrol Retirement System

## Chapter 71-05-09 — Indexing Final Average Salary for Vested Terminated Contributors

### § 71-05-09-01. Calculation of final average salary increase for deferred vested contributors.

Final average salary used for calculating deferred vested retirement benefits for contributors who
terminate with ten or more years of service in the highway patrol retirement system must be increased
on an annual basis following the contributor's termination date until the date the contributor begins to
receive retirement benefits.
The increase must be approximately equal to or less than the annual salary increase provided by
law to state employees at a rate set by the board upon the recommendation of the plan's actuary.
If the increase is for a period of less than twelve months, the increase must be in proportion to the
number of months in the period.
History: Effective July 1, 1994.
General Authority: NDCC 39-03.1-06
Law Implemented: NDCC 39-03.1-11(5)
### § 71-05-09-02. Multiple plan members.

If a contributor has a combination of ten years of cumulative service with the public employees
retirement system, the teachers' fund for retirement, and the highway patrol retirement system, a
contributor's final average salary for the highway patrol retirement system must be increased in the
manner provided for in section 71-05-09-01.
History: Effective July 1, 1994.
General Authority: NDCC 39-01.1-11, 39-03.1-06
Law Implemented: NDCC 39-03.1-11(5), 39-03.1-14.1(1)
