House Bill 1077, submitted by the Office of the Adjutant General at the request of the North Dakota Public Employees Retirement System (NDPERS), received neutral technical testimony and a committee recommendation for a due pass.

Jason Sutimer, human resources business partner with the Office of the Adjutant General, told the committee the bill clarifies which National Guard positions qualify as security officers so that all security team members are enrolled in the same retirement plan. Sutimer said recent hiring at the Frane Barracks prompted discussions with NDPERS because near‑identical duties were performed by both classified and nonclassified team members; NDPERS concluded the position definition, not the employee’s classified status, should determine retirement plan enrollment.

"This bill is being introduced to clarify the definition of the National Guard security officer and provide clarification for existing adjutant general team members serving in security positions," Sutimer said. Sutimer told the committee there is no fiscal impact because current employees have already been placed into the National Guard retirement plan following the NDPERS determination.

Derek Holbein, chief operating and financial officer for the Public Employees Retirement System, testified in a neutral capacity to explain the agency’s role: PERS reviews fiscal impact and compliance with IRS regulations and agreed the measure is a technical correction that aligns statute with agency practice. Holbein said there are no additional employees impacted at this time unless the Guard creates new positions.

Senator Weber moved a due‑pass recommendation; the motion carried on a roll call with recorded yes votes. The committee closed the hearing without opposition testimony.