# Title 71 — Retirement Board

## Article 71-08 — Defined Contribution Retirement Plan

## Chapter 71-08-01 — Election and Transfer

December 31, 1999
to Work
### § 71-08-01-01. Ability to elect to transfer into the defined contribution retirement plan.

Repealed effective January 1, 2025.
### § 71-08-01-02. Vesting in transferred accumulated fund balance.

Vesting in that portion of the accumulated fund balance attributable to the employer's contribution
which is transferred from the defined benefit public employees retirement system pursuant to North
Dakota Century Code section 54-52.6-03 will follow the same schedule provided in North Dakota
Century Code section 54-52.6-10.
History: Effective July 1, 2000.
General Authority: NDCC 28-32-02(1)
Law Implemented: NDCC 54-52.6-03, 54-52.6-10
### § 71-08-01-03. Spousal signature requirements.

For purposes of the spousal signature requirements of subsection 4 of North Dakota Century Code
section 54-52.6-02 and North Dakota Century Code section 54-52.6-11, extenuating circumstances
alleviating the requirement of a spouse's signature are only present if the board determines the spouse
is unavailable for the entire election period or the member has a power of attorney over the spouse
which would legally allow the member to sign for the spouse.
History: Effective July 1, 2000.

General Authority: NDCC 28-32-02(1)
Law Implemented: NDCC 54-52.6-02(4), 54-52.6-11
### § 71-08-01-04. Transfer of members with qualified domestic relations orders on their accounts.

Members of the public employees retirement system under North Dakota Century Code chapter
54-52 who have a valid qualified domestic relations order on their account may only transfer to the
defined contribution retirement plan if they obtain a new qualified domestic relations order from the
applicable court. The account shall not be transferred unless both the participating member and the
member's ex-spouse agree to transfer to the defined contribution retirement plan.
History: Effective July 1, 2000.
General Authority: NDCC 28-32-02(1)
Law Implemented: NDCC 54-52.6-12
### § 71-08-01-05. Transfer amount of persons transferring into eligible employment after

December 31, 1999.
The amount the board shall transfer for persons beginning or transferring to eligible employment
after December 31, 1999, and before January 1, 2025, must equal the actual employer and employee
contributions plus interest, as provided in subsection 2 of North Dakota Century Code section
54-52.6-03.
History: Effective July 1, 2000; amended effective January 1, 2025.
General Authority: NDCC 54-52-04
Law Implemented: NDCC 54-52.6-03
### § 71-08-01-06. Public employees retirement system retirees not eligible to transfer upon return

to work.
A member of the public employees retirement system defined benefit plan who has retired and
received a retirement annuity and later returns to work in a position that is eligible for the defined
contribution retirement plan is nonetheless ineligible to transfer into the defined contribution retirement
plan and must remain a member of the public employees retirement system.
History: Effective July 1, 2000.
General Authority: NDCC 28-32-02(1)
Law Implemented: NDCC 54-52.6-02
### § 71-08-01-07. Late election opportunity.

Repealed effective January 1, 2025.
### § 71-08-01-08. Transfer of funds.

Pursuant to subdivision a of subsection 4 of North Dakota Century Code section 15-10-17, funds
may be transferred on behalf of those persons who are eligible through their employment with the state
board of higher education. The following requirements apply:
1. Applicant must file a completed application for the teachers' insurance and annuity association
of America - college retirement equities fund.
2. Notice of termination and verification of teachers' insurance and annuity association of
America - college retirement equities fund eligibility must be filed by either the applicant or
appropriate payroll officer.

3. A participating member is eligible to transfer that person's accumulated balance in the plan
upon becoming a former participating member.
History: Effective April 1, 2012.
General Authority: NDCC 15-10-17
Law Implemented: NDCC 15-10-17
