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Bill Summary · HB 1274

Summary — North Dakota HB 1274 (2025)

Title: AN ACT to amend and reenact sections 54‑52‑01, 54‑52‑02.15, 54‑52‑06.4, and 54‑52‑17 of the North Dakota Century Code, relating to membership of the public employees retirement system public safety retirement plan

Main purpose

Amend statutory definitions and membership rules for the Public Employees Retirement System (PERS) public safety retirement plan to clarify who qualifies as a “correctional officer,” and to limit concurrent participation in other PERS-administered retirement plans for certain public‑safety hires. The changes update eligibility thresholds and expressly include some trainees.

Key provisions and changes

  • Amends section 54‑52‑01 (definitions) and related membership sections (54‑52‑02.15, 54‑52‑06.4, 54‑52‑17):
    • “Correctional officer” definition: for individuals employed on or after the bill’s effective date, a correctional officer must be employed at least 32 hours per week and at least 20 weeks each year.
    • Correctional officer eligibility explicitly includes persons employed by a correctional facility who are enrolled in (but have not yet completed) a correctional officer course approved/certified by the ND Department of Corrections and Rehabilitation.
    • New public‑safety hires (correctional officers, and continuing provisions for firefighters and peace officers) who begin employment after the statutory cutoff dates are ineligible to participate concurrently in any other retirement plan administered by PERS.
    • Firefighter and peace officer provisions in the bill reiterate similar hour/week eligibility thresholds and concurrent‑participation ineligibility (references to existing cutoff dates appear for firefighters employed after July 31, 2017, and peace officers employed after August 1, 2005).
  • Overall the bill tightens/clarifies who is treated as a public‑safety member for benefit enrollment and prevents duplicate enrollment in multiple PERS plans for new public‑safety employees.

Who is affected

  • Primary: correctional officers (current and prospective), firefighters, and peace officers employed by the State or political subdivisions in North Dakota — especially individuals hired on or after the specified effective/threshold dates.
  • Secondary: employers (state agencies, counties, cities, political subdivisions) that must apply eligibility rules; PERS administration (for enrollment and recordkeeping).
  • Individuals already vested or employed prior to the effective dates are not retroactively removed by the language shown (the changes mainly apply prospectively to new hires as specified).

Procedural / timeline notes

  • Introduced: November 13, 2024 (House).
  • Advanced through House and Senate with committee consideration and amendments.
  • Passed both chambers (House and Senate); enrolled and transmitted to Governor.
  • Governor signed (documented April 15, 2025); filed with Secretary of State April 17, 2025 (listed as Act 521 in notifications).
  • Effective timing: the bill’s language applies prospectively (“for an individual employed on or after the effective date of this Act”); the statutory effective date follows the Governor’s signature/filing per normal state practice (filed with Secretary of State 04/17/2025).

Impact considerations

  • Administrative: PERS and employers will need to apply the clarified 32‑hour/20‑week threshold and concurrent‑participation prohibition for applicable hires and update enrollment procedures.
  • Fiscal: provided materials do not include a detailed fiscal note for North Dakota; anticipated budgetary impact appears primarily administrative and enrollment‑related rather than a direct benefit‑structure change for existing members.

If you want, I can:
- Pull the exact amended statutory text for the four sections listed, or
- Prepare a short checklist employers/HR offices should use to implement the new eligibility rules.

Compiled from official sources — confirm details with the bill’s official record.

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