exempt

                                                 (Reprinted with amendments adopted on April 21, 2003)

 

Assembly Bill No. 68–Committee on Government Affairs

 

February 10, 2003

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Revises provisions governing payments for extra duty assignments for purposes of Public Employees’ Retirement System. (BDR 23‑725)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                           Effect on the State: Yes.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to the Public Employees’ Retirement System; revising the provisions governing payments for extra duty assignments; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. Chapter 286 of NRS is amended by adding thereto

1-2  the provisions set forth as sections 2 and 3 of this act.

1-3  Sec. 2.  “Extra duty assignment” includes, without limitation,

1-4  teaching adult education courses or courses in English as a

1-5  second language, teaching summer school courses or courses

1-6  during other school intermissions, teaching remediation classes or

1-7  conducting cocurricular or extracurricular activities for pupils,

1-8  including, without limitation, coaching athletics.

1-9  Sec. 3.  1.  Except as otherwise provided in subsection 2, for

1-10  the purposes of an extra duty assignment, an employee shall pay

1-11  the employee’s portion of the contribution required pursuant to

1-12  NRS 286.410, 286.421 or 286.450, as applicable.

1-13      2.  An employee who receives payment for an extra duty

1-14  assignment may elect to have the payment excluded from his

1-15  compensation. If an employee makes such an election, he must

1-16  submit written notice of the election to his public employer. Within

1-17  10 days after receipt of such a notice, the public employer shall

2-1  transmit a copy of the notice to the System. If an employee makes

2-2  an election pursuant to this subsection, the employee is not

2-3  required to pay the employee’s portion of the contribution

2-4  required pursuant to NRS 286.410, 286.421 or 286.450, as

2-5  applicable.

2-6  3.  If an employee who made an election pursuant to

2-7  subsection 2 wishes to withdraw the election, he must notify his

2-8  public employer in writing of the withdrawal. Within 10 days after

2-9  receipt of such a notice, the public employer shall transmit a copy

2-10  of the notice to the System. If an employee has provided such

2-11  notification of the withdrawal of an election pursuant to this

2-12  subsection, the employee shall pay the employee’s portion of the

2-13  contribution required pursuant to NRS 286.410, 286.421 or

2-14  286.450, as applicable.

2-15      Sec. 4.  NRS 286.016 is hereby amended to read as follows:

2-16      286.016  As used in this chapter, unless the context otherwise

2-17  requires, the words and terms defined in NRS 286.017 to 286.100,

2-18  inclusive, and section 2 of this act, have the meanings ascribed to

2-19  them in such sections.

2-20      Sec. 5.  NRS 286.025 is hereby amended to read as follows:

2-21      286.025  1.  Except as otherwise provided by specific statute,

2-22  “compensation” is the salary paid to a member by his principal

2-23  public employer.

2-24      2.  The term includes:

2-25      (a) Base pay, which is the monthly rate of pay excluding all

2-26  fringe benefits.

2-27      (b) Additional payment for longevity, shift differential,

2-28  hazardous duty, work performed on a holiday if it does not exceed

2-29  the working hours of the normal workweek or pay period for that

2-30  employee, holding oneself ready for duty while off duty and

2-31  returning to duty after one’s regular working hours.

2-32      (c) [Payment] Unless an employee makes an election

2-33  authorized pursuant to subsection 2 of section 3 of this act and has

2-34  not withdrawn that election, payment for extra duty assignments [if

2-35  it] regardless of whether:

2-36          (1) It is the standard practice of the public employer to

2-37  include such pay in the employment contract or official job

2-38  description for the calendar or academic year in which it is paid [and

2-39  such] ; or

2-40          (2) Such pay is specifically included in the member’s

2-41  employment contract or official job description.

2-42      (d) The aggregate compensation paid by two separate public

2-43  employers if one member is employed half time or more by one, and

2-44  half time or less by the other, if the total does not exceed full-time

2-45  employment, if the duties of both positions are similar and if the

3-1  employment is pursuant to a continuing relationship between the

3-2  employers.

3-3  (e) Payments to a member who is employed by a school district

3-4  for less than 12 months during a school year for any service

3-5  rendered to the school district after the expiration of the

3-6  employment contract for that period of employment and before the

3-7  beginning of the next school year.

3-8  3.  The term does not include any type of payment not

3-9  specifically described in subsection 2.

3-10      Sec. 6.  This act becomes effective on July 1, 2003.

 

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