NDAC 71-05-04-08
Conversion of sick leave
Cite as N.D. Admin. Code ยง 71-05-04-08
1.
To convert unused sick leave to service credit, the member shall submit an application to the
office of the amount of unused sick leave to be converted no later than the end of the month in
which the member terminates employment, 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 terminates employment. 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 may 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.
2.
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
contribution rates used to calculate the cost must be the rate of the retirement program of the
member at termination.
3.
Aftertax payments may be accepted from the member as early as six months prior to
termination if the following requirements are met:
a.
A notice of termination or application for monthly benefits form is on file with 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.
At termination, 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.
d.
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 of the member's date of termination.
e.
The member's record must be updated with the additional service credit once payment is
made in full and the member has terminated employment.
4.
Pretax rollover or transfer payments may be accepted from the member as early as sixty days
prior to termination if the following requirements are met:
a.
A notice of termination or application for monthly benefits form is on file with 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 of
termination, is on file with the public employees retirement system. This certification must
also 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.
At termination, 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
termination date will be added to the member's record. The member account balance will
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 of the member's date of
termination.
e.
The retiree health credit portion must be paid as a personal aftertax payment.
f.
The member's record must be updated with the additional service credit once payment is
made and the member in full has terminated employment.