North Dakota retirement board challenges legislative appointments to panel

BISMARCK, N.D. (AP) — The board that oversees North Dakota’s government retirement plans is asking the state Supreme Court to block the Legislature from appointing sitting lawmakers to the panel.

A major budget bill passed in the recently concluded legislative session included a change to increase the number of lawmakers who sit on the Public Employees Retirement System Board of Trustees from two to four, bringing total membership from nine trustees to 11.

The board argues it is unconstitutional for state lawmakers to sit on the panel, citing a separation of powers violation.

“It just comes down to a function of what is the function of each branch of our state government,” System Executive Director Scott Miller said in an interview.

State Solicitor General Philip Axt called the board’s separation-of-powers argument “a sweeping challenge with the potential to dramatically upend State government operations.”

The North Dakota Supreme Court plans to hear oral arguments on Wednesday in the lawsuit.

Miller said the lawsuit is unrelated to the Republican-led Legislature’s closure of the state’s public employee defined-benefit pension plan, which will move new hires to a defined-contribution, 401(k)-style retirement plan.