North Dakota Code § 52-05-03

Employment not included within law may be deemed subject to provisions
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of law.
1. Any political subdivision of this state may elect to cover under the North Dakota 
unemployment compensation law service performed by employees in all of the 
hospitals and institutions of higher education, as defined in subsections 25 and 27 of 
section 52-01-01, operated by such political subdivision.
a. Election is to be made by filing with the bureau a notice of such election at least 
thirty days prior to the effective date of such election. The election may exclude 
any services described in subdivision h of subsection 17 of section 52 -01-01. Any 
political subdivision electing coverage under this subsection shall make payments 
in lieu of contributions with respect to benefits attributable to such employment in 
the same manner provided for payment by nonprofit organizations in chapter 
52-04.
b. The provisions in subsection 11 of section 52 -06-02 with respect to benefit rights 
based on service for state and nonprofit institutions of higher education are 
applicable also to service covered by an election under this section.
c. The amounts required to be paid in lieu of contributions by any political 
subdivision under this section must be billed and payment made as provided in 
chapter 52-04 with respect to similar payments by nonprofit organizations.
d. An election under this subsection may be terminated by filing with the bureau 
written notice not later than thirty days preceding the last day of the calendar year 
in which the termination is to be effective. Such termination becomes effective as 
of the first day of the next ensuing calendar year with respect to services 
performed after that date.
2. Any other employing unit, inclusive of governmental units, for which services are 
performed that do not constitute employment as defined in the North Dakota 
unemployment compensation law may file with the bureau a written election that all 
such services with respect to which payments are not required under an 
unemployment compensation law of any other state or of the federal government, and 
which are performed by individuals in its employ in one or more distinct establishments 
or places of business must be deemed to constitute employment by an employer for all 
the purposes of the North Dakota unemployment compensation law for not less than 
two calendar years. Upon the written approval of such election by the bureau, such 
services must be deemed to constitute employment subject to the provisions of the 
North Dakota unemployment compensation law from and after the date stated in such 
approval. Such services must cease to be deemed employment subject hereto as of 
January first of any calendar year subsequent to such two calendar years, only if 

during January of such year such employing unit has filed with the bureau a written 
notice to that effect. The bureau in its discretion may on its own motion terminate any 
election agreement under this subsection upon thirty days' notice to the employer. The 
rate of contribution for employment covered by an election under this subsection must 
be as provided in chapter 52 -04, except, however, an electing governmental unit in 
addition to those provided for in subsection 1, which hereafter becomes an employer 
under this chapter, shall reimburse the state unemployment fund in an amount equal to 
its share of costs to the unemployment fund.
3. After the termination of an election under this chapter, governmental units shall remain 
liable for their proportionate share of benefits which are based on wages paid for 
services during the period of election.

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