SUMMARY--Increases benefit for surviving spouse of district judge or justice of supreme court. (BDR 1-828)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: Yes.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to judges; increasing the benefit for the surviving spouse of a district judge or a justice of the supreme court; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1 NRS 2.070 is hereby amended to read as follows:
2.070 1. If a justice of the supreme court at the time of his death had retired and was then receiving a pension under the provisions of NRS 2.060, or if at the time of his death the justice had not retired but had performed sufficient service for retirement [under] pursuant to the provisions of NRS 2.060, the surviving spouse, if the spouse has attained the age of 60 years, is entitled, until his death or remarriage, to receive monthly payments [of $2,000] in an amount equal to:
(a) Fifty percent of the pension to which the justice at the time of his death was receiving or would have been entitled to receive pursuant to NRS 2.060; or
(b) Two thousand five hundred dollars per month [.] ,
whichever is greater.
2. If [a] the surviving spouse of a justice is not eligible to receive benefits pursuant to subsection 1, he is entitled, until his death or remarriage or until he becomes eligible to receive those benefits, to receive payments equal in amount to the payment provided in subsection 1 of NRS 286.674 for the spouse of a deceased member of the public employees' retirement system.
3. To obtain these benefits, the surviving spouse must make application to the board, commission or authority entrusted with the administration of the [judges' pensions] pension of the justice and furnish such information as may be required pursuant to reasonable regulations adopted for the purpose of carrying out the intent of this section.
4. [Any] A person receiving a benefit pursuant to the provisions of this section is entitled to receive post-retirement increases equal to those provided for persons retired [under] pursuant to the public employees' retirement system.
5. It is the intent of this section that no special fund be created for the purpose of paying these benefits, and all payments made under the provisions of this section are to be made out of and charged to [any] a fund created for the purpose of paying pension benefits to justices of the supreme court.
Sec. 2 NRS 3.095 is hereby amended to read as follows:
3.095 1. If a district judge at the time of his death had retired and was then receiving a pension under the provisions of NRS 3.090, or if at the time of his death the judge had not retired but had performed sufficient service for retirement [under] pursuant to the provisions of NRS 3.090, the surviving spouse, if the spouse has attained the age of 60 years, is entitled, until his death or remarriage, to receive monthly payments [of $2,000] in an amount equal to:
(a) Fifty percent of the pension to which the judge at the time of his death was receiving or would have been entitled to receive pursuant to NRS 3.090; or
(b) Two thousand five hundred dollars per month [.] ,
whichever is greater.
2. If a surviving spouse of a judge is not eligible to receive benefits pursuant to subsection 1, he is entitled, until his death or remarriage or until he becomes eligible to receive those benefits, to receive payments equal in amount to the payment provided in subsection 1 of NRS 286.674 for the spouse of a deceased member of the public employees' retirement system.
3. To obtain these benefits, the surviving spouse must make application to the board, commission or authority entrusted with the administration of the [judges' pensions] pension of the judge and furnish such information as may be required pursuant to reasonable regulations adopted for the purpose of carrying out the intent of this section.
4. [Any] A person receiving a benefit pursuant to the provisions of this section is entitled to receive post-retirement increases equal to those provided for persons retired [under] pursuant to the public employees' retirement system.
5. It is the intent of this section that no special fund be created for the purpose of paying these benefits, and all payments made [under] pursuant to the provisions of this section are to be made out of and charged to [any] a fund created for the purpose of paying pension benefits to district judges.