NDAC 71-02-03-06
Conversion of sick leave
Cite as N.D. Admin. Code ยง 71-02-03-06
To convert unused sick leave to service credit, the member shall submit an application to the office,
no later than the end of the month in which the member is no longer eligible to accrue the sick leave
hours, unless otherwise approved by the executive director. The member's employer shall confirm the
member's unused balance of accumulated sick leave as of the date the member is no longer eligible to
accrue sick leave hours. For a member transferring from one participating employer to another
participating employer without terminating eligible employment, the public employees retirement system
shall record unused sick leave of a participating member if the new employer certifies it will not transfer
that leave. The certification must include documentation from the previous employer detailing the
number of hours of sick leave. The public employees retirement system shall receive the certification
within sixty days after the member leaves employment with the former employer. One month of service
credit must be awarded for each one hundred seventy-three and three-tenths hours of unused
accumulated sick leave. The employer and employee contributions rates used to calculate the cost
must be the rate of the retirement program of the member at termination.
1.
Aftertax payments may be accepted from the member as early as six months prior to when
the member is no longer eligible to accrue sick leave hours, if the following requirements are
met:
a.
A notice of employment change has been provided to the public employees retirement
system.
b.
A written certification by the member's employer, as to the member's unused balance of
accumulated sick leave as of the date the member wishes to begin payment, is on file
with the public employees retirement system.
c.
The sick leave conversion payment must be calculated using the member's unused
balance of accumulated sick leave confirmed by the member's employer, and the
member's final average salary as of the date of calculation. If there is a difference
between the sick leave conversion payment amount and the amount the member has
paid, any overpayment must be refunded to the member and any underpayment must be
collected from the member by the fifteenth of the month following the month the member
is no longer eligible to accrue sick leave hours.
2.
Pretax rollover or transfer payments may be accepted from the member as early as sixty days
prior to when the member is no longer eligible to accrue sick leave hours, if the following
requirements are met:
a.
A notice of employment change has been provided to the public employees retirement
system.
b.
A written certification by the member's employer, as to the member's projected unused
balance of accumulated sick leave no sooner than sixty days prior to the date the
member is no longer eligible to accrue sick leave hours, is on file with the public
employees retirement system. This certification also must include a certification by the
employer of the projected salaries to be reported to the public employees retirement
system during the final months of employment.
c.
The sick leave conversion payment must be recalculated using the member's unused
balance of accumulated sick leave confirmed by the member's employer and the
member's final average salary as of the date of calculation. If there is a difference
between the sick leave balance or conversion payment amount and the amount the
member has paid, then only the amount of sick leave available as of the date the
member is no longer eligible to accrue sick leave hours must be added to the member's
record. The member account balance must be credited with the full amount of funds from
the rollover or transfer.
d.
If an underpayment has occurred, then the remaining amount must be collected from the
member by the fifteenth of the month following the month the member is no longer
eligible to accrue sick leave hours.
e.
The retiree health credit portion must be paid as a personal aftertax payment.
3.
The member's record must be updated with the additional service credit once payment is
made in full.