Legislative Action

Notice of New Rules for Teachers' Fund for Retirement (TFFR)

The North Dakota Education Association (NDEA) would like to make members aware of proposed changes to TFFR, as proposed by the state board.  Although most changes were merely housekeeping in nature, members should pay attention to three specific points:

• 82-02-01-01 (5). Bonus Definition. Clearly defines a "bonus" as an amount paid in addition to regular contract salary that does not increase the member's base pay, is not expected to recur, or is not expected to be a permanent increase. Additionally, these dollars are not eligible for retirement salary. The change is a result of HB 1133, which set specific parameters for eligible retirement salary.
• 82-02-01-01 (13). Performance or Merit Pay Definition. This section defines "performance or merit pay" as an amount paid pursuant to a "written compensation plan." This plan links pay to the attainment of specific performance goals and/or duties, and makes these dollars eligible for retirement salary. The change is a result of HB 1133, which set specific parameters for eligible retirement salary.
• 82-04-02-01. Criteria for Eligible Salary Determinations. This chapter creates an outline of the criteria and documentation required by TFFR board to determine which benefits/payments are included as eligible retirement salary. It removes bonus payments from eligible retirement salary.

The North Dakota Retirement and Investment Office is  conducting a public hearing on January 26, 2012 at 1 pm in the Peace Garden Room.  Written Comments will be accepted through February 10, 2012.  Written or oral comments may be submitted to the above address until 5:00 p.m. on February 10, 2012.

For a full summary of the proposed administrative rule changes, go to http://www.nd.gov/rio/tffr/Administrative_Rules_Changes/default.htm.