North Dakota Code § 40-45-06

Investment of surplus funds - Limitations
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At the end of the fiscal year, the board of trustees may invest any surplus left in the police 
pension fund, but no part of the moneys realized from any tax levy shall be used for any 
purpose other than the payment of pensions. Such surplus funds may be invested in 
interest-bearing bonds of the United States or the state of North Dakota, or bonds or warrants of 
any county, township, or municipal corporation of this state which constitute the general 
obligations or contingent general obligations of the issuing tax authority, or investments with any 
federally insured bank or savings and loan association. All securities shall be deposited with the 
treasurer of the board for safekeeping. The board may also invest all or part of such surplus 
funds in other investments by selecting a funding agent or agents and establish an investment 
agreement contract regarding such surplus funds. The contract shall authorize the funding 
agent or agents to hold and invest such funds for the board and such funds shall be placed for 
investment only with a firm or firms whose primary endeavor is money management, and only 
after a trust agreement or contract has been executed. The board of trustees may pay the fees 
and charges of said funding agent or agents from any surplus remaining in the police pension 
fund in excess of the moneys realized from any tax levy. The board of trustees may use a 
portion of the surplus left in the police pension fund in excess of moneys realized from any tax 
levy to pay the cost of actuarial studies of said pension system.

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