# Title 71 — Retirement Board

## Article 71-05 — Highway Patrol Retirement System

## Chapter 71-05-01 — Definitions

### § 71-05-01-01. Definitions.

As used in North Dakota Century Code chapter 39-03.1:
1. "Actuarial equivalent" means a benefit calculated to be of equal value to the benefit otherwise
payable when computed on the basis of assumptions and methods adopted for this purpose
by the board in a way that precludes employer discretion pursuant to Internal Revenue Code
section 401(a)(25). Such assumptions and methods adopted by the board, and any table of
adjustment factors established in accordance with the assumptions and methods, shall be
incorporated herein by reference.
2. "Covered employment" means employment with the North Dakota highway patrol.
3. "Medical examination" means an examination conducted by a doctor licensed to practice in
North Dakota that includes a diagnosis of the disability, the treatment being provided for the
disability, the prognosis and classification of the disability, and a statement indicating how the
disability prevents the individual from performing the duties of a highway patrolman.
4. "Normal retirement age" means age fifty-five except as otherwise provided.
5. "Office" means the administrative office of the public employees retirement system.
6. "Overtime" as used in subsection 23 of North Dakota Century Code section 39-03.1-01 means
any hours worked over an employee's regularly scheduled work period. Whether paid at the
regular hourly rate or one and one-half times the regular rate, overtime is to be excluded as
reportable retirement contributions.
7. "Permanent and total disability" means the inability to engage in any substantial gainful activity
by reason of any medically determinable physical or mental impairment which can be
expected to result in death or has lasted or can be expected to last for a continuous period of
not less than twelve months.
8. "Plan administrator" means the executive director of the North Dakota public employees
retirement system.
9. "Substantial gainful activity" is to be based upon the totality of the circumstances, including
consideration of an individual's training, education, and experience; an individual's potential for

earning at least seventy percent of the individual's predisability earnings; and other items
deemed significant on a case-by-case basis. Eligibility is based on an individual's
employability and not actual employment status.
History: Effective November 1, 1990; amended effective October 1, 1991; June 1, 1992; July 1, 2006;
April 1, 2016; April 1, 2020.
General Authority: NDCC 39-03.1-06
Law Implemented: NDCC 39-03.1
