North Dakota Code § 54-35-02.4

Employee benefits programs committee - Powers and duties
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1. During each interim, the employee benefits programs committee shall consider and 
report on the legislative proposals over which the committee takes jurisdiction and 
which fiscally impact the retirement programs of state employees or employees of any 
political subdivision, and health and retiree health plans of state employees or 
employees of any political subdivision. A majority of the members of the committee has 
sole authority to determine whether a legislative proposal affects a program. The 
committee shall make a thorough review of each proposal the committee takes under 
its jurisdiction, including an actuarial report. The committee shall take jurisdiction over 
a proposal that authorizes an automatic increase or other change in benefits beyond 
the ensuing biennium which would not require legislative approval. The committee 
shall include in the report of the committee a statement that the proposal would allow 
future changes without legislative involvement. The committee shall report the findings 
and recommendations of the committee , along with any necessary legislation, to the 
legislative management and to the legislative assembly.
2. To carry out the responsibilities of the committee , the committee, or the designee of 
the committee, may:
a. Enter contracts, including retainer agreements, with an actuary or actuarial firm 
for expert assistance and consultation. Each retirement, insurance, or retiree 
insurance program shall pay, from the program's retirement, insurance, or retiree 
health benefits fund, as appropriate, and without the need for a prior 

appropriation, the cost of an actuarial report required under this section which 
relates to that program.
b. Call on personnel from state agencies or political subdivisions to furnish such 
information and render such assistance as the committee from time to time may 
request.
c. Establish rules for the operation of the committee , including the submission and 
review of proposals and the establishing of standards for actuarial reports.
3. The committee may solicit draft measures and proposals from interested persons 
during the interim between legislative sessions, and also may study measures and 
proposals referred to the committee by the legislative assembly or the legislative 
management.
4. A copy of the committee's report concerning a legislative measure, if that measure is 
introduced for consideration by a legislative assembly, must be appended to the copy 
of that measure.
5. If a legislative measure affecting a public employees retirement program, public 
employees health insurance program, or public employee retiree health insurance 
program is introduced in either house without a report from the committee , the 
chairman and vice chairman of the employee benefits programs committee shall 
request an actuarial report from the program affected and shall provide the report to 
the standing committee to which the measure is referred . During the legislative 
session, the employee benefits programs committee chairman and vice chairman, 
working together, have sole authority to determine whether a legislative measure or 
amendment affects a program under this subsection and subsection 6.
6. During a legislative session, if an amendment is made to a legislative measure which 
fiscally impacts a public employees retirement program, public employees health 
insurance program, or public employee retiree health insurance program , the 
employee benefits programs committee chairman and vice chairman shall request 
from the affected program an actuarial report on the amendment and shall provide the 
report to the standing committee to which the bill is referred.
7. Legislation enacted in contravention of this section is invalid, and any benefits 
provided under the legislation must be reduced to the level current before enactment 
of the legislation.

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