N.D. Cent. Code § 15-39.1-30
15-39.1-30. Confidentiality of records
15-39.1-30. Confidentiality of records
All records relating to the retirement benefits of a member or a beneficiary under this
chapter are confidential and are not public records. The information and records may be
disclosed, under rules adopted by the board, only to:
1. A person to whom the teacher has given written consent to have the information
disclosed.
2. A person legally representing the teacher, upon proper proof of representation, and
unless the teacher specifically withholds consent.
3. A person authorized by a court order.
4. A member's participating employer, limited to information concerning the member's
years of service credit, years of age, employer and employee contribution amounts,
and salary. The board may share other types of information as needed by the
employer to validate the employer's compliance with existing state or federal law. Any
information provided to the member's participating employer under this subsection
must remain confidential except as provided in subsection 6.
5. The administrative staff of the public employees retirement system for purposes
relating to membership and benefits determination.
6. State or federal agencies for the purpose of validating member eligibility or employer
compliance with existing state or federal law.
7. Member interest groups approved by the board, limited to information concerning the
member's death.
8. A government child support enforcement agency for purposes of establishing paternity
or establishing, modifying, or enforcing a child support obligation of the member.
9. The member's spouse or former spouse, that individual's legal representative, and the
judge presiding over the member's dissolution proceeding for purposes of aiding the
parties in drafting a qualified domestic relations order under section 15-39.1-12.2. The
information disclosed under this subsection must be limited to information necessary
for drafting the order.
10. Beneficiaries designated by a participating member or a former participating member
to receive benefits after the member's death, but only after the member's death.
Information relating to beneficiaries may be disclosed to other beneficiaries of the
same member.
11. The general public, but only after the board has been unable to locate the member for
a period in excess of two years, and limited to the member's name and the fact that
the board has been unable to locate the member.
12. Any person if the board determines disclosure is necessary for treatment, operational,
or payment purposes, including the completion of necessary documents.
13. A person if the information relates to an employer service purchase, but the
information must be limited to the member's name and employer, the retirement
program in which the member participates, the amount of service credit purchased by
the employer, and the total amount expended by the employer for that service credit
purchase. Information identified under this subsection may only be obtained from the
member's employer.