North Dakota Code § 40-46-25

Procedure upon discontinuance of employees' pension or police pension
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plan.
If the governing body of the city shall determine by a two -thirds vote as provided in section 
40-46-23 that the employees' pension or police pension plan be discontinued, the plan shall be 
discontinued in such city and the governing body shall proceed to liquidate the pension fund 
created under such plan. Liquidation shall be accomplished by returning to each employee still 
in the employ of the city ten days after the date of the adoption of the resolution, provided for in 
section 40-46-23, the entire amount which has been deducted from the employee's salary as an 
assessment or membership fee and then by payment of pension claims theretofore allowed in 
the same amounts as are then in effect until the death or disqualification of the pension 
claimant, and thereafter continuing such payments as would have accrued to survivors of such 
pension claimant under the local pension provisions if the plan had been continued. If the fund 
is insufficient to return the amount to which each employee is entitled as provided herein and to 
pay such claims in full, the governing body shall make an annual tax levy, which shall be in 
addition to any other tax levies authorized by law, in an amount sufficient to assure the payment 
in full of the pension claims theretofore allowed. If the fund exceeds the amount required to 
satisfy such returns and such claims, such excess shall be placed in the general fund of the city.

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