N.D. Cent. Code § 54-52-02.13
54-52-02.13. Participation by nonteaching employees of the office of the superintendent of public instruction
54-52-02.13. Participation by nonteaching employees of the office of the
superintendent of public instruction.
Notwithstanding any other provision of law, between July 1, 2003, and five p.m. on
August 29, 2003, a nonteaching employee of the superintendent of public instruction, including
the superintendent of public instruction, who is otherwise eligible to participate in the public
employees retirement system may file an election with the staff of the retirement and investment
office to transfer from the teachers' fund for retirement to the public employees retirement
system. The teachers' fund for retirement shall certify the employees who are eligible to transfer.
An election to transfer is irrevocable for as long as the employee remains employed with the
superintendent of public instruction. The teachers' fund for retirement shall certify a transferring
employee's salary, service credit, contribution history, account balance, and any other
necessary information to the public employees retirement system. The amount to be transferred
is the greater of the actuarial present value of the employee's accrued benefit as of July 1,
2003, plus interest at the rate of seven and one-half percent from July 1, 2003, until the date the
amount is transferred to the public employees retirement system or the employee's account
balance as of the date of transfer. The public employees retirement system shall credit the
transferring employee with the service credit specified by the teachers' fund for retirement and
shall convert the annual salary history from the teachers' fund for retirement to a monthly salary
for the period. An employee becomes a member of the public employees retirement system as
of the date the funds are transferred. To be eligible to transfer, an employee must be employed
by the office of the superintendent of public instruction at the date of the transfer. The
superintendent of public instruction shall begin making retirement contributions, and the public
employees retirement system shall begin receiving those retirement contributions, on behalf of
employees who have elected to transfer to the public employees retirement system to that
system the first of the month following the date of transfer.