North Dakota Administrative Code Title 39 - Highway Patrolmen's Retirement Board
🔷 OVERVIEW OF NDAC TITLE 39 – HIGHWAY PATROLMEN'S RETIREMENT BOARD
➤ Purpose
NDAC Title 39 governs the Highway Patrolmen’s Retirement System (HPRS) and outlines the administrative rules for the Highway Patrolmen’s Retirement Board, the body responsible for administering the retirement benefits for North Dakota Highway Patrol officers.
This system is a defined benefit retirement plan created specifically for members of the North Dakota Highway Patrol and is distinct from the main Public Employees Retirement System (NDPERS), even though they are often coordinated for administrative purposes.
🔷 LEGAL BASIS
The Highway Patrolmen's Retirement System is authorized under the North Dakota Century Code (NDCC) Chapter 39-03.1, and the rules established in NDAC Title 39 are promulgated under this statutory authority.
The Highway Patrolmen’s Retirement Board (HPRB) oversees:
Management of retirement assets for patrol members,
Processing of retirement applications and disability claims,
Administration of survivor and death benefits,
Rulemaking to ensure compliance with fiduciary and legal duties.
🔷 STRUCTURE OF NDAC TITLE 39
Title 39 of the North Dakota Administrative Code is structured into several chapters covering specific administrative and operational rules of the HPRB. The primary chapters include:
| Chapter | Subject |
|---|---|
| 39-01-01 | Organization of the Retirement Board |
| 39-02-01 | Membership, Creditable Service, and Eligibility |
| 39-03-01 | Retirement and Disability Benefits |
| 39-04-01 | Employer and Member Contributions |
| 39-05-01 | Appeals and Hearings |
🔷 KEY PROVISIONS OF TITLE 39 NDAC
✅ 1. Organization and Board Authority (Ch. 39-01-01)
The Retirement Board consists of designated members (often appointed under NDCC), including patrol representatives and possibly ex officio members from state agencies.
The Board holds regular meetings, adopts procedural rules, and may delegate administrative tasks to retirement system staff.
✅ 2. Membership and Service (Ch. 39-02-01)
Defines who is eligible for membership (active duty patrol officers, etc.).
Covers rules for:
Creditable service (e.g., years of eligible service),
Military service credits,
Leaves of absence,
Reinstatement after break in service.
✅ 3. Retirement and Disability Benefits (Ch. 39-03-01)
Specifies eligibility criteria for normal retirement, early retirement, and disability retirement.
Example rules:
Officers may be eligible for full retirement after 20–25 years of service, depending on age and hire date.
Disability retirement requires medical certification and board approval.
Survivor benefits may be payable to spouses or dependents upon the death of a member.
✅ 4. Contributions and Funding (Ch. 39-04-01)
Both employers (state) and employees (members) contribute a set percentage of salary to the fund.
The Board ensures compliance with statutory funding ratios and may recommend legislative changes when necessary.
✅ 5. Appeals and Hearings (Ch. 39-05-01)
Members have the right to appeal Board decisions (e.g., denial of disability retirement).
The Board conducts quasi-judicial hearings where members can present evidence and arguments.
Final Board decisions may be appealed to district court under the Administrative Agencies Practice Act.
🔷 CASE LAW AND LEGAL PRINCIPLES
Although few published court decisions specifically interpret NDAC Title 39, several key legal principles guide how the Board and courts approach disputes involving the Highway Patrolmen’s Retirement System.
🔹 1. Due Process in Disability and Benefit Denials
Courts in North Dakota (and nationally) require procedural due process when a public employee's vested pension rights or disability benefits are denied. This includes:
Adequate notice of the adverse decision,
An opportunity to respond or be heard (hearing),
A written explanation of the decision.
Example (hypothetical):
If a patrol officer applies for disability retirement and the Board denies the claim without a hearing or explanation, a court may find that due process was violated.
🔹 2. Standard of Judicial Review
Decisions of the Retirement Board can be appealed under the Administrative Agencies Practice Act (NDCC Ch. 28-32). Courts reviewing Board decisions will use the following standards:
Substantial Evidence – Was the decision supported by adequate evidence?
Not Arbitrary or Capricious – Was the decision based on a reasonable interpretation of the law and facts?
Legally Compliant – Did the Board follow statutory and administrative rules?
🔹 3. Vesting and Contractual Nature of Benefits
North Dakota courts recognize that retirement benefits, once vested, are treated as a contractual property right. That means:
Once an officer meets the service requirements, the benefits cannot be taken away without cause.
Any changes to benefits (e.g., COLA adjustments, eligibility rules) must not retroactively impair vested rights unless clearly authorized by law.
🔹 4. Disability Standards and Medical Evidence
When determining disability eligibility, the Board relies on:
Independent medical evaluations,
Functional capacity assessments,
Whether the officer is capable of performing duties of their patrol position.
Case Example (general principle):
An officer denied disability benefits might appeal by arguing that the Board improperly disregarded medical evidence. Courts would examine whether the Board gave sufficient weight to objective medical findings.
🔹 5. Survivor and Death Benefits
Courts may become involved when there is a dispute over survivor eligibility — for example, if a former spouse or dependent claims entitlement to a portion of a deceased member’s pension.
Courts typically defer to the plan’s rules, but divorce decrees, QDROs (Qualified Domestic Relations Orders), or beneficiary designations can complicate matters.
🔷 PRACTICAL IMPLICATIONS FOR MEMBERS
Members should understand their rights under Title 39, especially regarding service credit, retirement age, and disability eligibility.
Disability applications should be well-supported by medical evidence to withstand Board review.
Appeals must be timely and follow required procedures (e.g., request a hearing within specific days).
Retired members should keep beneficiary information updated to ensure proper survivor benefits.
🔷 SUMMARY
| Aspect | Key Points |
|---|---|
| Title | NDAC Title 39 – Highway Patrolmen’s Retirement Board |
| Purpose | To administer retirement and disability benefits for ND Highway Patrol officers |
| Legal Authority | NDCC Chapter 39-03.1 |
| Main Subjects | Membership, retirement eligibility, disability rules, contributions, appeals |
| Board Powers | Rulemaking, benefit determinations, hearings |
| Appeal Rights | Members can appeal to the Board and further to court under ND law |
| Legal Standards | Due process, vested rights, administrative review under NDCC Ch. 28-32 |
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