NDAC 71-08-12-03
Merger of eligible employer groups
Cite as N.D. Admin. Code ยง 71-08-12-03
If a merger between two or more eligible employer groups occurs, the following requirements apply:
1.
Written notification must be provided to the office no later than sixty days before the merger is
final.
2.
If two or more employer groups merge into one, and all do not presently participate in the
public employees retirement system, the units merging shall decide upon one of the following:
a.
The participating employer or employers may elect to cease participation in the defined
contribution plan as of the date of the merger.
b.
Subject to executing a revised participation agreement, eligible employees who have not
previously been eligible for participation in any retirement plan of the employer must be
given the choice to participate or waive participation effective the date of the merger. Any
person hired in an eligible position after the consolidation date shall participate or any
other employee mandated by the employer shall participate.