North Dakota teachers’, public safety officers’, and public workers’ pension benefits are entitled to certain protections under state law and affirmed by court rulings. At the same time, the state does have some legal precedent that allows them to change particular aspects of retirement benefits.
In other words, there are parts of public pension benefits that can be changed by future state laws, but only certain parts of those benefits.
Equable Institute partnered with Columbia Law School’s Center for Public Research and Leadership to create infographics that map states’ pension governance. Understanding the legal environment for pension policies can be confusing for both lawmakers and public workers, but illuminating legally permissible policy pathways to improve funding sustainability and ensure adequate retirement income security for states’ workforces is essential.
In the case of North Dakota, state law allows the legislature to increase employee contributions. In 2011, they did just that, increasing active employees’ contribution rate from 8.24% to 11.75% for members of the North Dakota Teachers’ Fund for Retirement; and in 2013, lawmakers increased the contribution rate for members of the North Dakota Public Employees Retirement System from 6% to 7%.
State law also allows for changes in benefit calculations — the legislature has twice increased the threshold for normal retirement for the sum of a member’s age and years of service from 85 to 90 for new TFR and PERS hires.
There has been no legal challenges to these changes— meaning that state law allows for changes to these aspects of pension policy.
What’s unclear is whether North Dakota can shift workers’ vesting periods or benefit calculations, because neither of those issues have been brought to court and there is no existing law explicitly prohibiting these changes.
It is important to note that current retirees’ benefits have greater legal protection than those of active employees. Apart from reduced or eliminated COLAs, current retirees’ benefits cannot be taken away or reduced.
Disclaimer: The information here doesn’t constitute legal advice or representation. Equable is not necessarily recommending any of the policies discussed in the infographic. Some may not work for certain states, others may not be desirable policy. Ultimately, any pension policy change should honor promises made to public workers and put them on a path to retirement security, while ensuring sustainable funding measures.