N.D. Cent. Code § 54-52.3-03
54-52.3-03. Employer savings used to defray expenses of administering program - Continuing appropriation
54-52.3-03. Employer savings used to defray expenses of administering program -
Continuing appropriation.
The office of management and budget shall transfer funds from the savings accruing to the
agencies' salaries and wages line item, as a result of the diminution of the state's employer
contribution for the Federal Insurance Contribution Act tax, to a payroll clearing account. The
office of management and budget shall transfer funds from the payroll clearing account to the
board as necessary to defray the reasonable expenses of administering the pretax benefits
program established under this chapter, including expenses associated with the program's
medical spending account. Any revenue collected by the board from participating district health
units must be used, and is hereby appropriated, to defray the expenses of administering the
program. The amount necessary to pay consultants retained by the board, vendors retained by
the board to provide claims administration services, any insurance costs associated with the
medical spending account, and medical reimbursements for the medical spending account if
funds are insufficient to pay claims are hereby appropriated from the savings and revenue
generated by the program. All other expenses of administering the program must be paid in
accordance with the agency's appropriation authority as established by the legislative assembly.
The director of the office of management and budget may decrease or suspend the transfer of
the savings accruing to the agencies' salaries and wages line item to the payroll clearing
account upon determination that the funds deposited under this section are sufficient to offset
anticipated obligations. Notwithstanding other provisions in this section, the public employees
retirement system board, or any successor state agency, may not establish, enroll, or administer
any pretax benefits program for a political subdivision or any other public or private business or
entity, except for any program established specifically for employees of the state and employees
of district health units.