ND HB1188

Amends North Dakota Century Code section 65-05-09.3 to establish that injured employees receiving Social Security retirement benefits or who reach retirement age are considered retired and lose eligibility for disability, rehabilitation, and supplementary benefits.

Retired employees remain eligible for medical benefits, permanent partial impairment benefits, and additional benefits under section 65-05-09.4.

Workers' compensation organization retains liability for benefits if a retired employee is gainfully employed and suffers a work-related injury, with disability or rehabilitation benefits limited to three years for injuries occurring after August 1, 1997.

Employees injured within two years of presumed retirement receive disability or rehabilitation benefits for no more than two years, with benefits converting to additional benefits at the end of the disability period or two-year mark, whichever occurs first.

Applies to reapplications filed after July 31, 2019, with the legislation passing the House 93-0 and Senate 44-0.