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SECTION 184: DEATH SETTLEMENT
SOURCE: North Dakota Century Code 34-01-12
- Final salary payment in the case of death will include the amount due for days
worked, payment for sick leave used, payment of all current unused annual leave, and if the
employee has at least ten continuous years of state employment, payment for 10 percent of the
unused sick leave. Payment will be made in accordance with North Dakota Century Code
34-01-12 which provides:
If at the time of the death of any person, his employer is indebted to him for work, labor, or services performed, and no executor or administrator of his estate has been appointed, such employer, upon the request of the living spouse, or if there is no surviving spouse, then upon the request of the person's next eligible heir or heirs as determined by section 30.1-04-03, forthwith shall pay said indebtedness to the said surviving spouse or heirs. The employer shall require proof of the claimant's or claimants' relationship to the decedent by affidavit and shall require claimant or claimants to acknowledge receipt of such payment in writing.
HISTORY: July 1990; Amended June 1994