BISMARK, North Dakota (AP) — The commission that oversees retirement planning for the North Dakota government is asking the state Supreme Court to block Congress from appointing incumbents to its commissions.
A major budget bill passed by Congress in its recent session included changes to increase the number of members on the Civil Service Retirement Board from two to four, bringing the total number of directors from nine to 11. .
The commission argues that it is unconstitutional for state legislators to join the commission because it violates the separation of powers.
“It comes down to what the functions of each department of state government are,” System Executive Director Scott Miller said in an interview.
State Attorney General Philippe Axt said the committee’s separation of powers debate “is a fundamental challenge with the potential to dramatically upend the way state governments operate.”
The North Dakota Supreme Court is scheduled for oral argument in the case on Wednesday.
Miller said the lawsuit had nothing to do with the Republican-led Congress’s abolition of defined benefit pension plans for state employees, and new hires will transition to a defined-contribution 401(k)-style retirement plan. said it would happen.