Title 071 · Title 71

Basis for calculating contributions - Salary reduction - Salary deferral

Citation: N.D. Admin. Code § 71-02-06-05

Section: 71-02-06-05

71-02-06-05. Basis for calculating contributions - Salary reduction - Salary deferral arrangements. 1. Amounts deducted from a member's salary at the member's option to a qualified section 125 cafeteria plan, 401(k) plan, 403(b) plan, or 457 plan are part of wages or salary when calculating retirement contributions. 2. Employee contributions paid by the employer under IRC 414(h) pursuant to a salary reduction agreement do not reduce wages or salary when calculating retirement contributions. 3. Amounts contributed to a qualified section 125 cafeteria plan, 401(k) plan, 403(b) plan, or 457 plan by the employer are not part of wages or salary when calculating retirement contributions. History: Effective June 1, 1993. General Authority: NDCC 54-52-04 Law Implemented: NDCC 54-52-05, 54-52-06