North Dakota 69th Legislative Assembly (2025-26) Status: Enacted

SB 2121 — AN ACT to amend and reenact subsection 23 of section 54-52-01, section 54-52-17, subsection 2 of section 54-52-28, sections 54-52.1-03.1 and 54-52.2-06, subsection 8 of section 54-52.6-01, and subsection 1 of section 54-52.6-02.2 of the North Dakota Century Code, relating to administering the public employees retirement system.

Last action — Filed with Secretary Of State 03/18

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 07, 2025. Enacted.

Signed by Governor Kelly Armstrong (Republican) on March 18, 2025.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Relating to administering the public employees retirement system.

Bill Text

What changed in the latest version

420 added · 465 removed

Plain-language change summary

The recent amendments to SB 2121 include updates to the definitions and eligibility rules for the public employees retirement system in North Dakota. One significant change clarifies what constitutes a "temporary employee," specifying that they must not be contributing to another pension fund and, if working in a school district, hold a noncertified position. Additionally, the amendments redefine the criteria for receiving prior service benefits, stating that individuals must have continuous employment with a governmental unit for at least two years before they can qualify for retirement benefits. These changes aim to ensure clarity in definitions and eligibility, which can impact how retirement benefits are administered for public employees.

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25.0121.02000 Sixty-ninth Legislative Assembly SENATE BILL NO.
Sixty-ninth Legislative Assembly of North Dakota In Regular Session Commencing Tuesday, January 7, 2025 SENATE BILL NO.
2121 of North Dakota Introduced by State and Local Government Committee (North Dakota Public Employees Retirement System) A BILL for an Act to amend and reenact subsection 23 of section 54-52-01, section 54-52-17, subsection 2 of section 54-52-28, sections 54-52.1-03.1 and 54-52.2-06, subsection 8 of section 54-52.6-01, and subsection 1 of section 54-52.6-02.2 of the North Dakota Century Code, relating to administering the public employees retirement system.
2121 (State and Local Government Committee) (North Dakota Public Employees Retirement System) AN ACT to amend and reenact subsection 23 of section 54-52-01, section 54-52-17, subsection 2 of section 54-52-28, sections 54-52.1-03.1 and 54-52.2-06, subsection 8 of section 54-52.6-01, and subsection 1 of section 54-52.6-02.2 of the North Dakota Century Code, relating to administering the public employees retirement system.
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2.
1 25.0121.02000 Sixty-ninth Legislative Assembly 2.
a.
S.
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NO.
2121 - PAGE 2 a.
Normal retirement date for members first enrolled after December 31, 2015, except for a national guard security officer or firefighter, a firefighter employed by a political subdivision, a peace officer employed by the state, a peace officer or Page No.
Normal retirement date for members first enrolled after December 31, 2015, except for a national guard security officer or firefighter, a firefighter employed by a political subdivision, a peace officer employed by the state, a peace officer or correctional officer employed by a political subdivision, or a supreme court or district court judge, is:
2 25.0121.02000 Sixty-ninth Legislative Assembly correctional officer employed by a political subdivision, or a supreme court or district court judge, is:
and [2] For a member employed after July 31, 2023, the first day of the month next following the month in which the peace officer attains Page No.
and [2] For a member employed after July 31, 2023, the first day of the month next following the month in which the peace officer attains the age of fifty-five years and has completed at least ten eligible years of employment;
3 25.0121.02000 Sixty-ninth Legislative Assembly the age of fifty-five years and has completed at least ten eligible years of employment;
(2) Normal retirement date for a peace officer employed by the state, other than a peace officer employed by the bureau of criminal investigation, is:
S.
B.
NO.
2121 - PAGE 3 (2) Normal retirement date for a peace officer employed by the state, other than a peace officer employed by the bureau of criminal investigation, is:
Page No.
(4) For a peace officer employed by the bureau of criminal investigation, early retirement date is the first day of the month next following the month in which the peace officer attains the age of fifty years and has completed:
4 25.0121.02000 Sixty-ninth Legislative Assembly (4) For a peace officer employed by the bureau of criminal investigation, early retirement date is the first day of the month next following the month in which the peace officer attains the age of fifty years and has completed:
(2) A member is eligible to continue to receive disability benefits as long as the permanent and total disability continues and the member submits the necessary documentation and undergoes medical testing required by the board, or for as long as the member participates in a rehabilitation program required by the board, or both.
(2) A member is eligible to continue to receive disability benefits as long as the permanent and total disability continues and the member submits the necessary documentation and undergoes medical testing required by the board, or for as long as the member participates in a rehabilitation program required by the board, or S.
B.
NO.
2121 - PAGE 4 both.
Page No.
a.
5 25.0121.02000 Sixty-ninth Legislative Assembly a.
Normal retirement benefits for a peace officer employed by the bureau of criminal investigation reaching the normal retirement date equals an annual amount, Page No.
Normal retirement benefits for a peace officer employed by the bureau of criminal investigation reaching the normal retirement date equals an annual amount, payable monthly, comprised of a service benefit and a prior service benefit determined as follows:
6 25.0121.02000 Sixty-ninth Legislative Assembly payable monthly, comprised of a service benefit and a prior service benefit determined as follows:
(1) For membersa member first enrolled:
S.
B.
NO.
2121 - PAGE 5 (1) For membersa member first enrolled:
Except for a national guard security officer or firefighter, a firefighter, peace officer, or correctional officer employed by a political subdivision, a peace officer employed by the state, or a supreme court or district court judge, early retirement benefits for members first enrolled after December 31, 2015, are calculated for single life benefits accrued to the date of termination of employment, but must be reduced by fixed rate of eight percent per year to account for benefit payments beginning before the normal retirement Page No.
Except for a national guard security officer or firefighter, a firefighter, peace officer, or correctional officer employed by a political subdivision, a peace officer employed by the state, or a supreme court or district court judge, early retirement benefits for members first enrolled after December 31, 2015, are calculated for single life benefits accrued to the date of termination of employment, but must be reduced by fixed rate of eight percent per year to account for benefit payments beginning before the normal retirement date.
7 25.0121.02000 Sixty-ninth Legislative Assembly date.
If before retiring a member dies after completing three years of eligible employment, except for a supreme andor district court judgesjudge, who must have completed five years of eligible employment, or a peace officer employed by the bureau of criminal investigation and hired after July 31, 2023, who must complete ten years of eligible Page No.
If before retiring a member dies after completing three years of eligible employment, except for a supreme andor district court judgesjudge, who must have completed five years of eligible employment, or a peace officer employed by the bureau of criminal investigation and hired after July 31, 2023, who must complete ten years of eligible employment, the board shall pay the member's account balance to the member's designated beneficiary as provided in this S.
8 25.0121.02000 Sixty-ninth Legislative Assembly employment, the board shall pay the member's account balance to the member's designated beneficiary as provided in this subsection.
B.
NO.
2121 - PAGE 6 subsection.
Page No.
(3) If the member dies on or after the member's normal retirement date, the payment of a monthly retirement benefit equal to an amount that would have been paid to the surviving spouse if the member had retired on the day of the member's death and had selected a one hundred percent joint and survivor annuity, payable until the spouse dies.
9 25.0121.02000 Sixty-ninth Legislative Assembly (3) If the member dies on or after the member's normal retirement date, the payment of a monthly retirement benefit equal to an amount that would have been paid to the surviving spouse if the member had retired on the day of the member's death and had selected a one hundred percent joint and survivor annuity, payable until the spouse dies.
8.
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B.
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NO.
2121 - PAGE 7 8.
If a member receiving retirement benefits or the member's surviving spouse receiving retirement benefits dies before Page No.
If a member receiving retirement benefits or the member's surviving spouse receiving retirement benefits dies before the total amount of benefits paid to either or both equals the amount of the member's account balance at retirement, the difference must be paid to the named beneficiary of the recipient or, if there is no named beneficiary, to the recipient's estate.
10 25.0121.02000 Sixty-ninth Legislative Assembly the total amount of benefits paid to either or both equals the amount of the member's account balance at retirement, the difference must be paid to the named beneficiary of the recipient or, if there is no named beneficiary, to the recipient's estate.
The board may accept trustee-to-trustee transfers as permitted by Internal Revenue Code section 403(b)(13) and section 457(e)(17) from an Internal Revenue Code Page No.
The board may accept trustee-to-trustee transfers as permitted by Internal Revenue Code section 403(b)(13) and section 457(e)(17) from an Internal Revenue Code section 403(b) annuity or Internal Revenue Code section 457 deferred compensation plan for the purchase of permissive service credit, as defined in Internal Revenue Code section 415(n)(3)(A) or as repayment of a cashout from a governmental plan under Internal Revenue Code section 415(k)(3).
11 25.0121.02000 Sixty-ninth Legislative Assembly section 403(b) annuity or Internal Revenue Code section 457 deferred compensation plan for the purchase of permissive service credit, as defined in Internal Revenue Code section 415(n)(3)(A) or as repayment of a cashout from a governmental plan under Internal Revenue Code section 415(k)(3).
The minimum distribution rules under section 401(a)(9) of the Internal Revenue Code, including the incidental death benefit requirements under section 401(a)(9)(G), and the regulations issued under that provision to the extent applicable to governmental plans, as amended.
The minimum distribution rules under section 401(a)(9) of the Internal Revenue Code, including the incidental death benefit requirements under section 401(a)(9)(G), and the regulations issued under that provision to the extent applicable to governmental plans, as S.
B.
NO.
2121 - PAGE 8 amended.
If the political subdivision withdraws from participation in the uniform group insurance program, Page No.
If the political subdivision withdraws from participation in the uniform group insurance program, before completing sixty months of participation, unless federal or state laws or rules are modified or interpreted in a way that makes participation by the political subdivision in the uniform group insurance program no longer allowable or appropriate, the political subdivision shall make payment to the board in an amount equal to any expenses incurred in the uniform group insurance program that exceed income received on behalf of the political subdivision's employees as determined under rules adopted by the board.
12 25.0121.02000 Sixty-ninth Legislative Assembly before completing sixty months of participation, unless federal or state laws or rules are modified or interpreted in a way that makes participation by the political subdivision in the uniform group insurance program no longer allowable or appropriate, the political subdivision shall make payment to the board in an amount equal to any expenses incurred in the uniform group insurance program that exceed income received on behalf of the political subdivision's employees as determined under rules adopted by the board.
However, with the exception of Roth contributions, any sum deferred under the deferred compensation Page No.
However, with the exception of Roth contributions, any sum deferred under the deferred compensation program is not subject to taxation until distribution is actually made to the employee.
13 25.0121.02000 Sixty-ninth Legislative Assembly program is not subject to taxation until distribution is actually made to the employee.
Neither the employee, the employee's beneficiary, nor any designee of the employee or the employee's beneficiary has the right to commute, sell, assign, transfer, or otherwise convey the right to receive payments under this chapter.
Neither the employee, the employee's beneficiary, nor any S.
B.
NO.
2121 - PAGE 9 designee of the employee or the employee's beneficiary has the right to commute, sell, assign, transfer, or otherwise convey the right to receive payments under this chapter.
Page No.
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14 25.0121.02000
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NO.
2121 - PAGE 10 ____________________________ ____________________________ President of the Senate Speaker of the House ____________________________ ____________________________ Secretary of the Senate Chief Clerk of the House This certifies that the within bill originated in the Senate of the Sixty-ninth Legislative Assembly of North Dakota and is known on the records of that body as Senate Bill No.
2121.
Senate Vote:
Yeas 47 Nays 0 Absent 0 House Vote:
Yeas 90 Nays 0 Absent 4 ____________________________ Secretary of the Senate Received by the Governor at ________M.
on _____________________________________, 2025.
Approved at ________M.
on __________________________________________________, 2025.
____________________________ Governor Filed in this office this ___________day of _______________________________________, 2025, at ________ o’clock ________M.
____________________________ Secretary of State
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Action History

  1. Filed with Secretary Of State 03/18

  2. Signed by Governor 03/18

  3. Sent to Governor

  4. Signed by President

  5. Signed by Speaker

  6. Returned to Senate

  7. Second reading, passed, yeas 90 nays 0

  8. Reported back, do pass, place on calendar 11 0 2

  9. Committee Hearing 09:00

  10. Introduced, first reading, referred Government and Veterans Affairs Committee

  11. Received from Senate

  12. Second reading, passed, yeas 47 nays 0

  13. Reported back, do pass, place on calendar 6 0 0

  14. Committee Hearing 09:30

  15. Introduced, first reading, referred State and Local Government Committee

Sponsors

  • State and Local Government · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 147 not signed on

Sponsors (1)

  • State and Local Government

Co-sponsors (0)

None.

Not signed on (147)

147 members have not signed on to this bill.

Show all 147 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Motion for Final Passage on SB 2121

Passed 90 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Republican 81002
Democratic 9002
Total 90004
% of votes cast 96%0%0%4%
How each member voted (94)
Member Party Vote
Brown, Collette Democratic Not Voting
Conmy, Liz Democratic Yea
Davis, Jayme Democratic Not Voting
Dobervich, Gretchen Democratic Yea
Finley-DeVille, Lisa Democratic Yea
Foss, Austin Democratic Yea
Hager, LaurieBeth Democratic Yea
Hanson, Karla Rose Democratic Yea
Ista, Zachary Democratic Yea
Mitskog, Alisa Democratic Yea
Schneider, Mary Democratic Yea
Anderson, Bert Republican Yea
Anderson, Dick Republican Yea
Anderson, Karen A. Republican Yea
Bahl, Landon Republican Yea
Beltz, Mike Republican Yea
Berg, Mike Republican Yea
Bolinske, Macy Republican Yea
Bosch, Glenn Republican Yea
Brandenburg, Mike Republican Yea
Brown, TJ Republican Yea
Christianson, Nels Republican Yea
Dockter, Jason Republican Yea
Dressler, Ty Republican Yea
Fegley, Clayton Republican Yea
Fisher, Jay Republican Yea
Frelich, Kathy Republican Yea
Grindberg, Karen Republican Yea
Grueneich, Jim Republican Yea
Hagert, Jared C. Republican Yea
Hatlestad, Patrick R. Republican Yea
Hauck, Dori Republican Yea
Headland, Craig Republican Not Voting
Heilman, Matthew Republican Yea
Heinert, Pat D. Republican Yea
Henderson, Donna Republican Yea
Hendrix, Jared Republican Yea
Holle, Dawson Republican Yea
Hoverson, Jeff Republican Yea
Johnson, Jorin Republican Yea
Johnston, Daniel Republican Yea
Jonas, Jim Republican Yea
Karls, Karen Republican Yea
Kasper, Jim Republican Yea
Kempenich, Keith Republican Yea
Kiefert, Dwight Republican Yea
Klemin, Lawrence R. Republican Yea
Koppelman, Ben Republican Yea
Lefor, Mike Republican Yea
Longmuir, Donald W. Republican Yea
Louser, Scott Republican Yea
Maki, Roger A. Republican Yea
Marschall, Andrew Republican Yea
Martinson, Bob Republican Yea
McLeod, Carrie Republican Yea
Meier, Lisa Republican Yea
Monson, David Republican Yea
Morton, Desiree Republican Yea
Motschenbacher, Mike Republican Yea
Murphy, Eric J. Republican Yea
Nathe, Mike Republican Yea
Nehring, Dennis Republican Yea
Nelson, Jon O. Republican Yea
Novak, Anna S. Republican Yea
O'Brien, Emily Republican Yea
Olson, Jeremy Republican Yea
Olson, Jeremy Republican Yea
Osowski, Doug Republican Yea
Ostlie, Mitch Republican Yea
Porter, Todd Republican Not Voting
Pyle, Brandy L. Republican Yea
Richter, David Republican Yea
Rios, Nico Republican Yea
Rohr, Karen M. Republican Yea
Ruby, Dan Republican Yea
Ruby, Matthew Republican Yea
Sanford, Mark Republican Yea
Satrom, Bernie Republican Yea
Schatz, Mike Republican Yea
Schauer, Austen Republican Yea
Schreiber-Beck, Cynthia Republican Yea
Steiner, Vicky Republican Yea
Stemen, Gregory Republican Yea
Swiontek, Steve Republican Yea
Toman, Nathan Republican Yea
Tveit, Bill Republican Yea
VanWinkle, Lori Republican Yea
Vetter, Steve Republican Yea
Vigesaa, Don Republican Yea
Vollmer, Daniel R. Republican Yea
Wagner, Scott Republican Yea
Warrey, Jonathan Republican Yea
Weisz, Robin Republican Yea
Wolff, Christina Republican Yea

Official roll call →

Motion for Final Passage on SB 2121

Passed 47 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 42000
Democratic 5000
Total 47000
% of votes cast 100%0%0%0%
How each member voted (47)
Member Party Vote
Boschee, Josh Democratic Yea
Braunberger, Ryan Democratic Yea
Hogan, Kathy Democratic Yea
Marcellais, Richard Democratic Yea
Mathern, Tim Democratic Yea
Axtman, Michelle Republican Yea
Barta, Jeff Republican Yea
Beard, Todd Republican Yea
Bekkedahl, Brad Republican Yea
Boehm, Keith Republican Yea
Burckhard, Randy A. Republican Yea
Castaneda, Jose L. Republican Yea
Cleary, Sean Republican Yea
Clemens, David A. Republican Yea
Conley, Cole Republican Yea
Cory, Claire Republican Yea
Davison, Kyle Republican Yea
Dever, Dick Republican Yea
Dwyer, Michael Republican Yea
Enget, Mark Republican Yea
Erbele, Robert Republican Yea
Gerhardt, Justin Republican Yea
Hogue, David Republican Yea
Kessel, Greg Republican Yea
Klein, Jerry Republican Yea
Larson, Diane Republican Yea
Lee, Judy Republican Yea
Lemm, Randy D. Republican Yea
Luick, Larry Republican Yea
Magrum, Jeffery J. Republican Yea
Meyer, Scott Republican Yea
Myrdal, Janne Republican Yea
Patten, Dale Republican Yea
Paulson, Bob Republican Yea
Powers, Michelle Republican Yea
Roers, Kristin Republican Yea
Rummel, Dean Republican Yea
Schaible, Donald Republican Yea
Sickler, Jonathan Republican Yea
Sorvaag, Ronald Republican Yea
Thomas, Paul J. Republican Yea
Walen, Chuck Republican Yea
Wanzek, Terry M. Republican Yea
Weber, Mark F. Republican Yea
Weston, Kent Republican Yea
Wobbema, Mike Republican Yea
van Oosting, Desiree Republican Yea

Official roll call →

Subjects

veterans labor
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Frequently asked questions

What does SB 2121 do?
Relating to administering the public employees retirement system.
Who sponsors SB 2121?
SB 2121 is sponsored by State and Local Government.
What is the current status of SB 2121?
This bill has been enacted into law. Introduced January 07, 2025. Enacted.
Where can I track SB 2121?
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