Senate Bill No. 439–Committee on Government Affairs

 

(On Behalf of the Public Employees’ Retirement System)

 

March 24, 2003

____________

 

Referred to Committee on Finance

 

SUMMARY—Makes various changes concerning Public Employees’ Retirement System and Judicial Retirement System. (BDR 23–563)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

~

 

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

 

AN ACT relating to public retirement systems; changing the term “fireman” to “firefighter”; requiring certain educational qualifications for certain persons employed by the Public Employees’ Retirement Board; limiting the length of designations of certain positions in government as being positions for which a monthly service retirement allowance may be paid when a previously retired employee fills the position during a critical labor shortage; providing for an adjustment to the total contribution rate that is actuarially determined for members of the Judicial Retirement Plan; eliminating the restriction relating to eligibility for service credit in the calculation of the monthly retirement allowance of a member of the Judicial Retirement Plan; authorizing members of the Public Employees’ Retirement System and the Judicial Retirement System to designate additional payees to receive survivor benefits; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

 

2-1  Section 1. NRS 286.031 is hereby amended to read as follows:

2-2  286.031  “Disability retirement allowance” means monthly

2-3  payments from the Public Employees’ Retirement Fund or the

2-4  Police and [Firemen’s] Firefighters’ Retirement Fund paid to

2-5  disabled retired employees.

2-6  Sec. 2.  NRS 286.042 is hereby amended to read as follows:

2-7  286.042  [“Fireman”] “Firefighter” means a member who is:

2-8  1.  Filling a full-time position with a participating public

2-9  employer, the principal duties of which require emotional stability

2-10  and physical capacity in protecting the public and controlling and

2-11  extinguishing fires.

2-12      2.  The former holder of a position defined in subsection 1 who

2-13  has:

2-14      (a) Earned at least 2 years of creditable service in that position;

2-15  and

2-16      (b) Been promoted or transferred within the chain of command

2-17  by the same public employer to a position related to protecting the

2-18  public and controlling and extinguishing fires.

2-19      3.  The former holder of a position defined in subsection 1 who:

2-20      (a) Has earned at least 2 years of creditable service in that

2-21  position; and

2-22      (b) Is employed by a different public employer in a position that

2-23  would have been eligible under paragraph (b) of subsection 2 had he

2-24  remained with his former employer.

2-25      Sec. 3.  NRS 286.070 is hereby amended to read as follows:

2-26      286.070  1.  “Public employer” means the State, one of its

2-27  agencies or one of its political subdivisions, the System, irrigation

2-28  districts created under the laws of the State of Nevada, [a nonprofit

2-29  corporation to which a public hospital has been conveyed or leased

2-30  pursuant to NRS 450.500,] a public or quasi-public organization or

2-31  agency that is funded, at least in part, by public money, including a

2-32  regional transportation commission, a governing body of a charter

2-33  school and a council of governments created pursuant to the laws of

2-34  the State of Nevada.

2-35      2.  State agencies are those agencies subject to state control and

2-36  supervision, including those whose employees are governed by

2-37  chapter 284 of NRS, unless specifically exempted therefrom, and

2-38  those which deposit money with the State Treasurer.

2-39      Sec. 4.  NRS 286.080 is hereby amended to read as follows:

2-40      286.080  “Service retirement allowance” means monthly

2-41  payments from the Public Employees’ Retirement Fund or the

2-42  Police and [Firemen’s] Firefighters’ Retirement Fund paid to a

2-43  retired employee for the remainder of his life.

 

 

3-1  Sec. 5.  NRS 286.130 is hereby amended to read as follows:

3-2  286.130  1.  Three members of the Board must be persons

3-3  who:

3-4  (a) Have had at least 10 years of service as employees of the

3-5  State of Nevada or its political subdivisions;

3-6  (b) Are not elected officers of the State of Nevada or its political

3-7  subdivisions;

3-8  (c) Are active members of the System; and

3-9  (d) Are appointed from written nominations submitted by the

3-10  following groups:

3-11          (1) Employees of the State and the University and

3-12  Community College System of Nevada;

3-13          (2) The academic staff of school districts;

3-14          (3) Employees of cities, excluding Carson City;

3-15          (4) Employees of counties, including Carson City and

3-16  excluding employees of county hospitals;

3-17          (5) Employees of county hospitals, public utilities, power

3-18  districts, sanitation districts, classified school employees and

3-19  employees of other districts as determined by the Board; and

3-20          (6) Employees whose current positions entitle them to

3-21  participate in the Police and [Firemen’s] Firefighters’ Retirement

3-22  Fund.

3-23  Each nominee must be a member of the group or organization that is

3-24  nominating him.

3-25      2.  Two members of the Board must be persons who:

3-26      (a) Have had at least 10 years of service as employees of the

3-27  State of Nevada or its political subdivisions;

3-28      (b) Are not elected officers of the State of Nevada or its political

3-29  subdivisions;

3-30      (c) Are active members of the System; and

3-31      (d) Are appointed from written nominations submitted by the

3-32  following groups:

3-33          (1) Administrators of school districts or members of boards

3-34  of trustees of school districts; and

3-35          (2) Members of boards of county commissioners or the

3-36  governing bodies of cities or administrators of counties or cities.

3-37      3.  One member of the Board must be a person who:

3-38      (a) Is an employee of the State of Nevada or its political

3-39  subdivisions with at least 10 years of service;

3-40      (b) Is serving in a position at least equivalent to the manager of

3-41  a department or division;

3-42      (c) Is not an elected officer of the State of Nevada or its political

3-43  subdivisions; and

3-44      (d) Is an active member of the System.

3-45      4.  One member of the board must be a person who:

4-1  (a) Has had at least 10 years of service as an employee of the

4-2  State of Nevada or its political subdivisions;

4-3  (b) Is not an elected officer of the State of Nevada or its political

4-4  subdivisions; and

4-5  (c) Is receiving an allowance for service or disability retirement

4-6  pursuant to this chapter.

4-7  5.  A member of the Board shall serve for 4 years, so long as he

4-8  has the qualifications required by this section, and until his

4-9  successor is appointed and takes office. A member of the Board who

4-10  no longer has the qualifications specified in the subsection under

4-11  which he was appointed may serve the remainder of his term if the

4-12  member loses those qualifications in the final 24 months of his term.

4-13      Sec. 6.  NRS 286.160 is hereby amended to read as follows:

4-14      286.160  1.  The Board shall employ an Executive Officer who

4-15  serves at the pleasure of the Board. The Executive Officer shall

4-16  select an Operations Officer, Investment Officer, Assistant

4-17  Investment Officer, Manager of Information Systems,

4-18  Administrative Assistant and Administrative Analyst whose

4-19  appointments are effective upon confirmation by the Board. The

4-20  Operations Officer, Investment Officer, Assistant Investment

4-21  Officer, Manager of Information Systems, Administrative Assistant

4-22  and Administrative Analyst serve at the pleasure of the Executive

4-23  Officer.

4-24      2.  The Executive Officer, Operations Officer, Investment

4-25  Officer, Assistant Investment Officer, Manager of Information

4-26  Systems, Administrative Assistant and Administrative Analyst are

4-27  entitled to annual salaries fixed by the Board with the approval of

4-28  the Interim Retirement and Benefits Committee of the Legislature

4-29  created pursuant to NRS 218.5373. The salaries of these employees

4-30  are exempt from the limitations of NRS 281.123.

4-31      3.  The Executive Officer must:

4-32      (a) Be a graduate of a 4‑year college or university with a degree

4-33  in business administration or public administration or equivalent

4-34  degree.

4-35      (b) Possess at least 5 years’ experience in a high level

4-36  administrative or executive capacity, including responsibility for a

4-37  variety of administrative functions such as retirement, insurance,

4-38  investment or fiscal operations.

4-39      4.  The Operations Officer , [and the] Investment Officer ,

4-40  Assistant Investment Officer, Manager of Information Systems

4-41  and Administrative Analyst must each be a graduate of a 4-year

4-42  college or university with a degree in business administration or

4-43  public administration or an equivalent degree.

4-44      5.  Except as otherwise provided in NRS 284.143, the

4-45  Executive Officer shall not pursue any other business or occupation

5-1  or perform the duties of any other office of profit during normal

5-2  office hours unless on leave approved in advance. The Executive

5-3  Officer shall not participate in any business enterprise or investment

5-4  in real or personal property if the System owns or has a direct

5-5  financial interest in that enterprise or property.

5-6  Sec. 7.  NRS 286.211 is hereby amended to read as follows:

5-7  286.211  1.  The Board shall, with the advice of the Interim

5-8  Retirement and Benefits Committee of the Legislature created

5-9  pursuant to NRS 218.5373:

5-10      (a) Adopt regulations for the evaluation of requests for

5-11  enrollment under the Police and [Firemen’s] Firefighters’

5-12  Retirement Fund; and

5-13      (b) Determine those positions eligible under the early retirement

5-14  provisions for police officers and [firemen.] firefighters.

5-15      2.  Service in any position which has not been determined by

5-16  the Board to be eligible does not entitle a member to early

5-17  retirement as a [fireman] firefighter or police officer.

5-18      Sec. 8.  NRS 286.225 is hereby amended to read as follows:

5-19      286.225  1.  The Board shall establish a separate retirement

5-20  fund known as the Police and [Firemen’s] Firefighters’ Retirement

5-21  Fund.

5-22      2.  All refunds, disability retirement allowances, benefits for

5-23  survivors, and service retirement allowances paid to police officers

5-24  and [firemen] firefighters and their beneficiaries [shall] must be

5-25  paid from the Police and [Firemen’s] Firefighters’ Retirement

5-26  Fund.

5-27      3.  All contributions paid by and for police officers and

5-28  [firemen shall] firefighters must be credited to the Police and

5-29  [Firemen’s] Firefighters’ Retirement Fund.

5-30      4.  The Police and [Firemen’s] Firefighters’ Retirement Fund

5-31  [shall] must be administered by the Board and is subject to all

5-32  restrictions and regulations applicable to the Board.

5-33      5.  Any postretirement increase appropriated by the Legislature

5-34  in accordance with this chapter, [shall] must be paid to eligible

5-35  retired police officers and [firemen] firefighters and their

5-36  beneficiaries from any such appropriation.

5-37      6.  Investment return on moneys in the Police and [Firemen’s]

5-38  Firefighters’ Retirement Fund [shall] must be deposited in that

5-39  Fund at the end of each fiscal year based on annual average yield of

5-40  the System.

5-41      7.  The Board shall transfer appropriate employee and employer

5-42  contributions made by and for members who transfer to and from

5-43  the Public Employees’ Retirement Fund and the Police and

5-44  [Firemen’s] Firefighters’ Retirement Fund.

 

6-1  Sec. 9.  NRS 286.227 is hereby amended to read as follows:

6-2  286.227  1.  There is hereby created a Police and [Firemen’s]

6-3  Firefighters’ Retirement Fund Advisory Committee. The Board

6-4  shall determine the number of its members and appoint the

6-5  members. Each member serves at the pleasure of the Board.

6-6  2.  The Committee shall make recommendations to the Board

6-7  concerning the administration of and benefits payable from the

6-8  Police and [Firemen’s] Firefighters’ Retirement Fund. The Board

6-9  shall consult with the Committee on all matters concerning this

6-10  Fund, and consider its recommendations upon their merits.

6-11      Sec. 10.  NRS 286.230 is hereby amended to read as follows:

6-12      286.230  1.  The Board shall establish a fund known as the

6-13  Public Employees’ Retirement Administrative Fund in which must

6-14  be deposited all administrative fees.

6-15      2.  The Board shall fix an administrative fee per capita

6-16  sufficient to pay the operating expense of the System. Except as

6-17  otherwise provided by NRS 1A.200 and 218.23745, the System

6-18  shall transfer monthly from the respective retirement funds to the

6-19  Public Employees’ Retirement Administrative Fund the amount of

6-20  the per capita fee multiplied by the combined number of members

6-21  and persons receiving allowances from that Fund.

6-22      3.  The Board may establish a separate and additional

6-23  administrative fee for police officers and [firemen] firefighters and

6-24  their public employers to pay the additional expense of maintaining

6-25  a separate fund and to pay the actual and necessary travel expenses

6-26  and other expenses, within the limits established by the Board, for

6-27  meetings of the Police and [Firemen’s] Firefighters’ Retirement

6-28  Fund Advisory Committee.

6-29      Sec. 11.  NRS 286.260 is hereby amended to read as follows:

6-30      286.260  1.  The Board shall provide for an individual account

6-31  for each member of the System. Each account [shall] must show the

6-32  amount of the member’s contributions to the Public Employees’

6-33  Retirement Fund or Police and [Firemen’s] Firefighters’ Retirement

6-34  Fund and any changes in the account that may be legally authorized.

6-35      2.  Any interest paid by a member with the repayment of

6-36  withdrawn contributions or purchase of any service [shall] must not

6-37  be credited to such member’s account.

6-38      3.  The Board is relieved of any further liability regarding a

6-39  member, his estate or a beneficiary upon the return of all employee

6-40  contributions to the member, his estate or beneficiary or a

6-41  combination thereof.

6-42      Sec. 12.  NRS 286.300 is hereby amended to read as follows:

6-43      286.300  Except as otherwise required as a result of

6-44  NRS 286.537:

7-1  1.  Any member of the System may, except as otherwise

7-2  provided in subsection 4, purchase all previous creditable service

7-3  performed with his present employing agency if that service was

7-4  performed before the enrollment of his agency in the System, even

7-5  if the service is still creditable in some other system where it cannot

7-6  be cancelled. The public employer must certify the inclusive dates

7-7  of employment and number of hours regularly worked by the

7-8  member to validate the service. The member must pay the full

7-9  actuarial cost as determined by the actuary.

7-10      2.  In addition to the purchase authorized pursuant to the

7-11  provisions of subsection 1, any member who has 5 years of

7-12  creditable service may, except as otherwise provided in subsection

7-13  4, purchase up to 5 years of service. The member must pay the full

7-14  actuarial cost of the service as determined by an actuary of the

7-15  System.

7-16      3.  In addition to the purchase authorized pursuant to the

7-17  provisions of subsection 1, any member who:

7-18      (a) Is a licensed teacher;

7-19      (b) Has 5 years of creditable service;

7-20      (c) Is, pursuant to statute, regulation or contract, entitled to

7-21  payment for unused sick leave; and

7-22      (d) Is employed by the board of trustees of a school district that

7-23  has, pursuant to subsection 5 of NRS 391.180, provided for the

7-24  payment of unused sick leave in the form of purchase of

7-25  service,

7-26  may, except as otherwise provided in subsection 4, cause to be

7-27  purchased on his behalf service credit, not to exceed the number of

7-28  hours of unused sick leave or 1 year, whichever is less. The full

7-29  actuarial cost of the service as determined by an actuary of the

7-30  System must be paid for such a purchase. Any service credit

7-31  purchased pursuant to this subsection must be included as a part of,

7-32  and is not in addition to, service purchased pursuant to subsection 2.

7-33      4.  A person who becomes a member of the System for the first

7-34  time on or after January 1, 2000, may, on or after July 1, 2001,

7-35  purchase creditable service pursuant to subsection 1 or 2, or cause to

7-36  be purchased on his behalf service credit pursuant to subsection 3,

7-37  only if, at the time of the purchase, he is employed by a participating

7-38  public employer in a position [whose occupant is thereby] eligible

7-39  for membership in the System.

7-40      5.  Any member of the System may use:

7-41      (a) All or any portion of the balance of the member’s interest in

7-42  a qualified trust pursuant to section 401(a) of the Internal Revenue

7-43  Code, 26 U.S.C. § 401(a); or

8-1  (b) The money contained in an individual retirement account or

8-2  an individual retirement annuity of a member, the entire amount of

8-3  which is:

8-4       (1) Attributable to a qualified distribution from a qualified

8-5  trust pursuant to section 401(a) of the Internal Revenue Code, 26

8-6  U.S.C. § 401(a); and

8-7       (2) Qualified as an eligible rollover distribution pursuant to

8-8  section 402 of the Internal Revenue Code, 26 U.S.C. § 402,

8-9  to purchase creditable service pursuant to subsection 1 or 2.

8-10      6.  A member of the System who purchases creditable service

8-11  pursuant to subsection 1 or 2 is entitled to receive a refund of any

8-12  contributions paid toward the purchase of the service only if he is no

8-13  longer in the employ of a participating public employer.

8-14      7.  If a member of the System enters into an agreement whereby

8-15  he agrees to pay for the purchase of service credit in installments

8-16  and he defaults on that agreement, the member is entitled to receive

8-17  service credit in the proportion that the principal paid bears to the

8-18  principal due under the agreement.

8-19      Sec. 13.  NRS 286.367 is hereby amended to read as follows:

8-20      286.367  1.  The volunteers of a regularly organized and

8-21  recognized fire department may, by the joint application of a

8-22  majority of those volunteers addressed to the Board, become

8-23  members of the System. A volunteer [fireman] firefighter who joins

8-24  a fire department of which all the volunteers have become members

8-25  of the System becomes a member of the System. The volunteers of a

8-26  participating fire department may withdraw from the System by the

8-27  joint application of a majority of those volunteers addressed to the

8-28  Board.

8-29      2.  The city, town, county or district which recognizes the

8-30  volunteers is the public employer and shall collect and pay over the

8-31  employee’s share and pay the employer’s share of the contribution

8-32  to the Public Employees’ Retirement Fund and the Public

8-33  Employees’ Retirement Administrative Fund, in the manner

8-34  prescribed in this chapter. The local government may, if so

8-35  requested by the volunteers, further contribute any amount by which

8-36  the sum receivable by each volunteer for any month is less than the

8-37  amount of his required share of the contribution, but no further

8-38  contributions may be placed in a volunteer’s account with the

8-39  System or refunded to a volunteer or his employer upon the

8-40  volunteer’s termination.

8-41      3.  In determining the amount of contributions to be paid for the

8-42  volunteers, they are assumed to be receiving a wage established by

8-43  the local government which is not less than $150 nor more than

8-44  $750 per month.

9-1  4.  Except as otherwise required as a result of NRS 286.535 or

9-2  286.537, the average compensation for a volunteer [fireman]

9-3  firefighter is the weighted average of:

9-4  (a) The assumed wage as a volunteer [fireman;] firefighter; and

9-5  (b) The average salary in other covered employment which,

9-6  if the service in that employment exceeds 3 years, is calculated upon

9-7  the 3 highest consecutive years.

9-8  The weight given to the assumed wage and average salary,

9-9  respectively, is proportionate to the length of service in each

9-10  capacity. Except as otherwise required as a result of NRS 286.535 or

9-11  286.537, average compensation is computed from the sum of the

9-12  assumed wage and actual salary if a member is employed

9-13  simultaneously as a volunteer [fireman] firefighter and as a regular

9-14  member.

9-15      5.  Any dispute over the status of a person as a volunteer

9-16  [fireman] firefighter under this section must be conclusively

9-17  determined by the Board.

9-18      6.  A volunteer [fireman] firefighter may purchase all previous

9-19  service as a volunteer [fireman] firefighter with any volunteer fire

9-20  department which is a member of the System. To validate such

9-21  service, the volunteer [fireman] firefighter must pay the full cost as

9-22  determined by the actuary. The employing agency may pay the

9-23  employer’s share of the cost but is not required to do so.

9-24      7.  In addition to the purchase authorized pursuant to the

9-25  provisions of subsection 6, a volunteer [fireman] firefighter who has

9-26  5 years creditable service as a volunteer [fireman] firefighter may

9-27  purchase up to 5 years of service to add to his volunteer service. The

9-28  member must pay the full actuarial cost of the service as determined

9-29  by an actuary of the System.

9-30      Sec. 14.  NRS 286.410 is hereby amended to read as follows:

9-31      286.410  1.  The employee contribution rate must be:

9-32      (a) The matching contribution rate for employees and employers

9-33  that is actuarially determined for police officers and [firemen]

9-34  firefighters and for regular members, depending upon the retirement

9-35  fund in which the member is participating.

9-36      (b) Adjusted on the first monthly retirement reporting period

9-37  commencing on or after July 1 of each odd‑numbered year based on

9-38  the actuarially determined contribution rate indicated in the biennial

9-39  actuarial valuation and report of the immediately preceding year.

9-40  The adjusted rate must be rounded to the nearest one-quarter of 1

9-41  percent.

9-42      2.  The employee’s portion of the matching contribution rate for

9-43  employees and employers must not be adjusted in accordance with

9-44  the provisions of paragraph (b) of subsection 1 if the existing rate is

9-45  within one-quarter of 1 percent of the actuarially determined rate.

10-1      3.  From each payroll during the period of his membership, the

10-2  employer shall deduct the amount of the member’s contributions

10-3  and transmit the deduction to the Board at intervals designated and

10-4  upon forms prescribed by the Board. The contributions must be paid

10-5  on compensation earned by a member from his first day of service.

10-6      4.  Any employee whose position is determined after July 1,

10-7  1971, to be eligible under the early retirement provisions for police

10-8  officers and [firemen] firefighters shall contribute the additional

10-9  contributions required of police officers and [firemen] firefighters

10-10  from July 1, 1971, to the date of his enrollment under the Police and

10-11  [Firemen’s] Firefighters’ Retirement Fund, if employment in this

10-12  position occurred before July 1, 1971, or from date of employment

10-13  in this position to the date of his enrollment under the Police and

10-14  [Firemen’s] Firefighters’ Retirement Fund, if employment occurs

10-15  later.

10-16     5.  Except as otherwise provided in NRS 286.430, the System

10-17  shall guarantee to each member the return of at least the total

10-18  employee contributions which the member has made and which

10-19  were credited to his individual account. These contributions may be

10-20  returned to the member, his estate or beneficiary or a combination

10-21  thereof in monthly benefits, a lump-sum refund or both.

10-22     6.  Disabled members who are injured on the job and receive

10-23  industrial insurance benefits for temporary total disability remain

10-24  contributing members of the System for the duration of the benefits

10-25  if and while the public employer continues to pay the difference

10-26  between these benefits and his regular compensation. The public

10-27  employer shall pay the employer contributions on these benefits.

10-28     Sec. 15.  NRS 286.421 is hereby amended to read as follows:

10-29     286.421  1.  A public employer that elected to pay on behalf of

10-30  its employees the contributions required by subsection 1 of NRS

10-31  286.410 before July 1, 1983, shall continue to do so, but a public

10-32  employer may not elect to pay those contributions on behalf of its

10-33  employees on or after July 1, 1983.

10-34     2.  An employee of a public employer that did not elect to pay

10-35  on behalf of its employees the contributions required by subsection

10-36  1 of NRS 286.410 before July 1, 1983, may elect to:

10-37     (a) Pay the contribution required by subsection 1 of NRS

10-38  286.410 on his own behalf; or

10-39     (b) Have his portion of the contribution paid by his employer

10-40  pursuant to the provisions of NRS 286.425.

10-41     3.  Except for any person chosen by election or appointment to

10-42  serve in an elective office of a political subdivision or as a district

10-43  judge or a justice of the Supreme Court of this state:

10-44     (a) Payment of the employee’s portion of the contributions

10-45  pursuant to subsection 1 must be:

11-1          (1) Made in lieu of equivalent basic salary increases or cost-

11-2  of-living increases, or both; or

11-3          (2) Counterbalanced by equivalent reductions in employees’

11-4  salaries.

11-5      (b) The average compensation from which the amount of

11-6  benefits payable pursuant to this chapter is determined must be

11-7  increased with respect to each month beginning after June 30, 1975,

11-8  by 50 percent of the contribution made by the public employer, and

11-9  must not be less than it would have been if contributions had been

11-10  made by the member and the public employer separately. In the case

11-11  of any officer or judge described in this subsection, any contribution

11-12  made by the public employer on his behalf does not affect his

11-13  compensation but is an added special payment.

11-14     4.  Employee contributions made by a public employer must be

11-15  deposited in either the Public Employees’ Retirement Fund or the

11-16  Police and [Firemen’s] Firefighters’ Retirement Fund as is

11-17  appropriate. These contributions must not be credited to the

11-18  individual account of the member and may not be withdrawn by the

11-19  member upon his termination.

11-20     5.  The membership of an employee who became a member on

11-21  or after July 1, 1975, and all contributions on whose behalf were

11-22  made by his public employer must not be cancelled upon the

11-23  termination of his service.

11-24     6.  If an employer is paying the basic contribution on behalf of

11-25  an employee, the total contribution rate, in lieu of the amounts

11-26  required by subsection 1 of NRS 286.410 and NRS 286.450, must

11-27  be:

11-28     (a) The total contribution rate for employers that is actuarially

11-29  determined for police officers and [firemen] firefighters and for

11-30  regular members, depending upon the retirement fund in which the

11-31  member is participating.

11-32     (b) Adjusted on the first monthly retirement reporting period

11-33  commencing on or after July 1 of each odd‑numbered year based on

11-34  the actuarially determined contribution rate indicated in the biennial

11-35  actuarial valuation and report of the immediately preceding year.

11-36  The adjusted rate must be rounded to the nearest one-quarter of 1

11-37  percent.

11-38     7.  The total contribution rate for employers must not be

11-39  adjusted in accordance with the provisions of paragraph (b) of

11-40  subsection 6 if the existing rate is within one-half of 1 percent of the

11-41  actuarially determined rate.

11-42     8.  For the purposes of adjusting salary increases and cost-of-

11-43  living increases or of salary reduction, the total contribution must be

11-44  equally divided between employer and employee.

12-1      9.  Public employers other than the State of Nevada shall pay

12-2  the entire employee contribution for those employees who

12-3  contribute to the Police and [Firemen’s] Firefighters’ Retirement

12-4  Fund on and after July 1, 1981.

12-5      Sec. 16.  NRS 286.430 is hereby amended to read as follows:

12-6      286.430  1.  Except as otherwise provided in subsection 8 and

12-7  NRS 286.300, a member may withdraw the employee contributions

12-8  credited to his individual account if:

12-9      (a) He has terminated service for which contribution is required;

12-10  or

12-11     (b) He is employed in a position for which contribution is

12-12  prohibited.

12-13     2.  The System shall not refund these contributions until it has

12-14  received:

12-15     (a) A properly completed application for refund;

12-16     (b) A notice of termination from the member’s public employer

12-17  or a certification by the public employer that the member is

12-18  employed in a position for which contribution is prohibited; and

12-19     (c) Except as otherwise provided in subsection 3, all

12-20  contributions withheld from such member’s compensation.

12-21     3.  If a member submits an application for a refund of his

12-22  contributions before all of his contributions which were withheld

12-23  have been remitted, the System may refund the portion of his

12-24  contributions which it has received.

12-25     4.  If it is determined, after the System has refunded the

12-26  contributions of a member, that an additional amount of less than

12-27  $10 is due to him, a refund of that amount need not be paid.

12-28     5.  Refunds, pursuant to this section, must be made by check

12-29  mailed to the address specified by a member in his application for

12-30  refund.

12-31     6.  The System shall transfer all money retained pursuant to

12-32  subsection 4 and the amount of any unclaimed refund checks to the

12-33  Public Employees’ Retirement Fund or the Police and [Firemen’s]

12-34  Firefighters’ Retirement Fund.

12-35     7.  All membership rights and active service credit in the

12-36  System, including service for which the public employer paid the

12-37  employee contributions, are cancelled upon the withdrawal of

12-38  contributions from a member’s account.

12-39     8.  A member who transfers to a position for which contribution

12-40  is prohibited must remain in that position for at least 90 days before

12-41  he is eligible to receive a refund pursuant to this section.

12-42     Sec. 17.  NRS 286.450 is hereby amended to read as follows:

12-43     286.450  1.  The employer contribution rate must be:

12-44     (a) The matching contribution rate for employees and employers

12-45  that is actuarially determined for police officers and [firemen]

13-1  firefighters and for regular members, depending upon the retirement

13-2  fund in which the member is participating.

13-3      (b) Adjusted on the first monthly retirement reporting period

13-4  commencing on or after July 1 of each odd‑numbered year based on

13-5  the actuarially determined contribution rate indicated in the biennial

13-6  actuarial valuation and report of the immediately preceding year.

13-7  The adjusted rate must be rounded to the nearest one-quarter of 1

13-8  percent.

13-9      2.  The employer’s portion of the matching contribution rate for

13-10  employees and employers must not be adjusted in accordance with

13-11  the provisions of paragraph (b) of subsection 1 if the existing rate is

13-12  within one-quarter of 1 percent of the actuarially determined rate.

13-13     Sec. 18.  NRS 286.510 is hereby amended to read as follows:

13-14     286.510  1.  Except as otherwise provided in subsections 2 and

13-15  3, a member of the System is eligible to retire at age 65 if he has at

13-16  least 5 years of service, at age 60 if he has at least 10 years of

13-17  service and at any age if he has at least 30 years of service.

13-18     2.  A police officer or [fireman] firefighter is eligible to retire at

13-19  age 65 if he has at least 5 years of service, at age 55 if he has at least

13-20  10 years of service, at age 50 if he has at least 20 years of service

13-21  and at any age if he has at least 25 years of service. Only service

13-22  performed in a position as a police officer or [fireman,] firefighter,

13-23  established as such by statute or regulation, service performed

13-24  pursuant to subsection 3 and credit for military service, may be

13-25  counted toward eligibility for retirement pursuant to this subsection.

13-26     3.  Except as otherwise provided in subsection 4, a police

13-27  officer or [fireman] firefighter who has at least 5 years of service as

13-28  a police officer or [fireman] firefighter and is otherwise eligible to

13-29  apply for disability retirement pursuant to NRS 286.620 because of

13-30  an injury arising out of and in the course of his employment remains

13-31  eligible for retirement pursuant to subsection 2 if:

13-32     (a) He applies to the Board for disability retirement and the

13-33  Board approves his application;

13-34     (b) In lieu of a disability retirement allowance, he accepts

13-35  another position with the public employer with which he was

13-36  employed when he became disabled as soon as practicable but not

13-37  later than 90 days after the Board approves his application for

13-38  disability retirement;

13-39     (c) He remains continuously employed by that public employer

13-40  until he becomes eligible for retirement pursuant to subsection 2;

13-41  and

13-42     (d) After he accepts a position pursuant to paragraph (b), his

13-43  contributions are paid at the rate that is actuarially determined for

13-44  police officers and [firemen] firefighters until he becomes eligible

13-45  for retirement pursuant to subsection 2.

14-1      4.  If a police officer or [fireman] firefighter who accepted

14-2  another position with the public employer with which he was

14-3  employed when he became disabled pursuant to subsection 3 ceases

14-4  to work for that public employer before becoming eligible to retire

14-5  pursuant to subsection 2, he may begin to receive a disability

14-6  retirement allowance without further approval by the Board by

14-7  notifying the Board on a form prescribed by the Board.

14-8      5.  Eligibility for retirement, as provided in this section, does

14-9  not require the member to have been a participant in the System at

14-10  the beginning of his credited service.

14-11     6.  Any member who has the years of creditable service

14-12  necessary to retire but has not attained the required age, if any, may

14-13  retire at any age with a benefit actuarially reduced to the required

14-14  retirement age. Except as otherwise required as a result of NRS

14-15  286.537, a retirement benefit pursuant to this subsection must be

14-16  reduced by 4 percent of the unmodified benefit for each full year

14-17  that the member is under the appropriate retirement age, and an

14-18  additional 0.33 percent for each additional month that the member is

14-19  under the appropriate retirement age. Any option selected pursuant

14-20  to this subsection must be reduced by an amount proportionate to

14-21  the reduction provided in this subsection for the unmodified benefit.

14-22  The Board may adjust the actuarial reduction based upon an

14-23  experience study of the System and recommendation by the actuary.

14-24     Sec. 19.  NRS 286.520 is hereby amended to read as follows:

14-25     286.520  1.  Except as otherwise provided in this section and

14-26  NRS 286.523 and 286.525, the consequences of the employment of

14-27  a retired employee are:

14-28     (a) A retired employee who accepts employment or an

14-29  independent contract with a public employer under this System is

14-30  disqualified from receiving any allowances under this System for

14-31  the duration of that employment or contract if:

14-32         (1) He accepted the employment or contract within 90

14-33  calendar days after the effective date of his retirement; or

14-34         (2) He is employed in a position which is eligible to

14-35  participate in this System.

14-36     (b) If a retired employee accepts employment or an independent

14-37  contract with a public employer under this System more than 90

14-38  calendar days after the effective date of his retirement in a position

14-39  which is not eligible to participate in this System, his allowance

14-40  under this System terminates upon his earning an amount equal to

14-41  one-half of the average salary for participating public employees

14-42  who are not police officers or [firemen] firefighters in any fiscal

14-43  year, for the duration of that employment or contract.

14-44     (c) If a retired employee accepts employment with an employer

14-45  who is not a public employer under this System, the employee is

15-1  entitled to the same allowances as a retired employee who has no

15-2  employment.

15-3      2.  The retired employee and the public employer shall notify

15-4  the System:

15-5      (a) Within 10 days after the first day of an employment or

15-6  contract governed by paragraph (a)[;] of subsection 1.

15-7      (b) Within 30 days after the first day of an employment or

15-8  contract governed by paragraph (b) [; and] of subsection 1.

15-9      (c) Within 10 days after a retired employee earns more than one-

15-10  half of the average salary for participating public employees who

15-11  are not police officers or [firemen] firefighters in any fiscal year

15-12  from an employment or contract governed by paragraph (b) [,]of

15-13  subsection 1.

15-14     3.  For the purposes of this section, the average salary for

15-15  participating public employees who are not police officers or

15-16  [firemen] firefighters must be computed on the basis of the most

15-17  recent actuarial valuation of the System.

15-18     4.  If a retired employee who accepts employment or an

15-19  independent contract with a public employer under this System

15-20  pursuant to this section elects not to reenroll in the System pursuant

15-21  to subsection 1 of NRS 286.525, the public employer with which the

15-22  retired employee accepted employment or an independent contract

15-23  may pay contributions on behalf of the retired employee to a

15-24  retirement fund which is not a part of the System in an amount not

15-25  to exceed the amount of the contributions that the public employer

15-26  would pay to the System on behalf of a participating public

15-27  employee who is employed in a similar position.

15-28     5.  If a retired employee is chosen by election or appointment to

15-29  fill an elective public office, he is entitled to the same allowances as

15-30  a retired employee who has no employment, unless he is serving in

15-31  the same office in which he served and for which he received

15-32  service credit as a member. A public employer may pay

15-33  contributions on behalf of such a retired employee to a retirement

15-34  fund which is not a part of the System in an amount not to exceed

15-35  the amount of the contributions that the public employer would pay

15-36  to the System on behalf of a participating public employee who

15-37  serves in the same office.

15-38     6.  The System may waive for one period of 30 days or less a

15-39  retired employee’s disqualification under this section if the public

15-40  employer certifies in writing, in advance, that the retired employee

15-41  is recalled to meet an emergency and that no other qualified person

15-42  is immediately available.

15-43     7.  A person who accepts employment or an independent

15-44  contract with either house of the Legislature or by the Legislative

16-1  Counsel Bureau is exempt from the provisions of subsections 1 and

16-2  2 for the duration of that employment or contract.

16-3      Sec. 20.  NRS 286.523 is hereby amended to read as follows:

16-4      286.523  1.  The provisions of subsections 1 and 2 of NRS

16-5  286.520 do not apply to a retired employee who accepts

16-6  employment or an independent contract with a public employer

16-7  under the System if:

16-8      (a) He fills a position for which there is a critical labor shortage;

16-9  and

16-10     (b) At the time of his reemployment, he is receiving:

16-11         (1) [An unmodified benefit;] A benefit that is not actuarially

16-12  reduced pursuant to subsection 6 of NRS 286.510; or

16-13         (2) A benefit actuarially reduced pursuant to subsection 6 of

16-14  NRS 286.510 and has reached the required age at which he could

16-15  have retired with [an unmodified benefit.] a benefit that was not

16-16  actuarially reduced pursuant to subsection 6 of NRS 286.510.

16-17     2.  A retired employee who is reemployed under the

16-18  circumstances set forth in subsection 1 may reenroll in the system as

16-19  provided in NRS 286.525.

16-20     3.  Positions for which there are critical labor shortages must be

16-21  determined as follows:

16-22     (a) Except as otherwise provided in this subsection, the State

16-23  Board of Examiners shall designate positions in State Government

16-24  for which there are critical labor shortages.

16-25     (b) The Supreme Court shall designate positions in the Judicial

16-26  Branch of State Government for which there are critical labor

16-27  shortages.

16-28     (c) The Board of Regents shall designate positions in the

16-29  University and Community College System of Nevada for which

16-30  there are critical labor shortages.

16-31     (d) The Department of Education shall designate positions with

16-32  the various school districts for which there are critical labor

16-33  shortages.

16-34     (e) The governing body of a local government shall designate

16-35  positions with the local government for which there are critical labor

16-36  shortages.

16-37     (f) The Board shall designate positions within the System for

16-38  which there are critical labor shortages.

16-39     4.  In determining whether a position is a position for which

16-40  there is a critical labor shortage, the designating authority shall give

16-41  consideration to:

16-42     (a) The history of the rate of turnover for the position;

16-43     (b) The number of openings for the position and the number of

16-44  qualified candidates for those openings;

16-45     (c) The length of time the position has been vacant; and

17-1      (d) The success of recruiting persons in other states to fill the

17-2  position.

17-3      5.  A designating authority shall not designate a position

17-4  pursuant to subsection 3 as a position for which there is a critical

17-5  labor shortage for a period longer than 2 years. To be

17-6  redesignated as such a position, the designating authority must

17-7  consider whether the position continues to meet the criteria set

17-8  forth in subsection 4.

17-9      Sec. 21.  NRS 286.525 is hereby amended to read as follows:

17-10     286.525  1.  A retired employee who accepts employment in a

17-11  position [whose occupant is thereby] eligible for membership may

17-12  enroll in the System as of the effective date of that employment.

17-13  [As] Except as otherwise provided in NRS 286.523, as of the date

17-14  of enrollment:

17-15     (a) He forfeits all retirement allowances for the duration of that

17-16  employment.

17-17     (b) He is entitled to receive, after the termination of the

17-18  employment and upon written request, a refund of all contributions

17-19  made by him during the employment. Except as otherwise required

17-20  as a result of NRS 286.535 or 286.537, if he does not request the

17-21  refund and the duration of the employment was at least 6 months, he

17-22  gains additional service credit for that employment and is entitled to

17-23  have a separate service retirement allowance calculated based on his

17-24  compensation and service, effective upon the termination of that

17-25  employment. If the duration of the employment was:

17-26         (1) Less than 5 years, the additional allowance must be added

17-27  to his original allowance and must be under the same option and

17-28  designate the same beneficiary as the original allowance.

17-29         (2) Five years or more, the additional allowance may be

17-30  under any option and designate any beneficiary in accordance with

17-31  NRS 286.545.

17-32     2.  The original service retirement allowance of such a retired

17-33  employee must not be recalculated based upon the additional service

17-34  credit, nor is he entitled to any of the rights of membership that were

17-35  not in effect at the time of his original retirement. The accrual of

17-36  service credit pursuant to this section is subject to the limits

17-37  imposed by:

17-38     (a) NRS 286.551; and

17-39     (b) Section 415 of the Internal Revenue Code, 26 U.S.C. § 415,

17-40  if the member’s effective date of membership is on or after

17-41  January 1, 1990.

17-42     3.  Except as otherwise required as a result of NRS 286.470,

17-43  286.535 or 286.537, a retired employee who has been receiving a

17-44  retirement allowance and who is reemployed and is enrolled in the

17-45  system for at least 5 years may have his additional credit for service

18-1  added to his previous credit for service. This additional credit for

18-2  service must not apply to more than one period of employment after

18-3  the original retirement.

18-4      4.  The survivor of a deceased member who had previously

18-5  retired and was rehired and enrolled in the System, who qualifies for

18-6  benefits pursuant to NRS 286.671 to 286.6793, inclusive, is eligible

18-7  for the benefits based on the service accrued through the second

18-8  period of employment.

18-9      Sec. 22.  NRS 286.575 is hereby amended to read as follows:

18-10     286.575  1.  Except as otherwise required as a result of NRS

18-11  286.537, a postretirement allowance must be paid from the Public

18-12  Employees’ Retirement Fund or the Police and [Firemen’s]

18-13  Firefighters’ Retirement Fund to each member receiving a

18-14  disability allowance or service retirement allowance from that Fund

18-15  under the provisions of this chapter in the amount and manner

18-16  provided and from time to time adjusted by law. Each member

18-17  whose allowance was increased after his retirement by payments for

18-18  years of service in excess of 20 years is entitled to receive an

18-19  increase based upon his adjusted allowance.

18-20     2.  Postretirement allowances must be considered a part of a

18-21  retired employee’s monthly benefit and included in the allowance

18-22  paid to a beneficiary under one of the optional plans provided in

18-23  NRS 286.590.

18-24     Sec. 23.  NRS 286.665 is hereby amended to read as follows:

18-25     286.665  1.  Any contributions remaining in a member’s,

18-26  retired employee’s or beneficiary’s individual account [shall] must

18-27  be transferred to the Public Employees’ Retirement Fund or the

18-28  Police and [Firemen’s] Firefighters’ Retirement Fund upon the

18-29  death of the member, retired employee or beneficiary if there is no

18-30  heir, devisee or legatee capable of receiving the money.

18-31     2.  If, within 6 years after any transfer under subsection 1, any

18-32  person appears and claims any money which was transferred to a

18-33  retirement fund, the claimant may file a petition in the district court

18-34  for Carson City stating the nature of his claim, with an appropriate

18-35  prayer for the relief demanded. A copy of the petition [shall] must

18-36  be served upon the Attorney General before or at the time of filing

18-37  it. Within 20 days after service, the Attorney General shall appear in

18-38  the proceeding and respond to the petition. If, after examining all the

18-39  facts, the Attorney General is convinced that the System has no

18-40  legal defense against the petition, he may, with the consent of the

18-41  court, confess judgment on behalf of the System.

18-42     3.  If judgment is not confessed, the petition [shall] must be

18-43  considered at issue on the 20th day after its filing, and may be heard

18-44  by the court on that day, or at such future day as the court may

18-45  order. Upon the hearing, the court shall examine into the claim and

19-1  hear the allegations and proofs. If the court finds that the claimant is

19-2  entitled to any money transferred under subsection 1 to a retirement

19-3  fund, it shall order the Public Employees’ Retirement Board to pay

19-4  such money forthwith to the claimant, but without interest or cost to

19-5  the Board.

19-6      4.  All persons, except minors and persons of unsound mind,

19-7  who fail to appear and file their petitions within the time limited in

19-8  subsection 2 are forever barred. Minors and persons of unsound

19-9  mind may appear and file their petitions at any time within 5 years

19-10  after their respective disabilities are removed.

19-11     Sec. 24.  NRS 286.667 is hereby amended to read as follows:

19-12     286.667  1.  A retired employee whose service or disability

19-13  retirement allowance is payable from the Police and [Firemen’s]

19-14  Firefighters’ Retirement Fund is entitled to receive his allowance

19-15  without modification.

19-16     2.  Upon the death of such a person, a person who was his

19-17  spouse at the time of his retirement is entitled, upon attaining the

19-18  age of 50 years, to receive a benefit equal to 50 percent of the

19-19  allowance to which the retired employee was entitled.

19-20     3.  This section does not apply to a person who:

19-21     (a) Begins receiving a service or disability retirement allowance

19-22  or a benefit from the Police and [Firemen’s] Firefighters’

19-23  Retirement Fund before July 1, 1981.

19-24     (b) At the time of his retirement, elects one of the alternatives to

19-25  an unmodified retirement allowance.

19-26     4.  Service performed after July 1, 1981, in positions other than

19-27  as a police officer or [fireman,] firefighter, except military service,

19-28  may not be credited toward the benefit conferred by this section. A

19-29  police officer or [fireman] firefighter who has performed service

19-30  which is not creditable toward this benefit may elect to:

19-31     (a) Select a retirement option other than one permitted by this

19-32  section;

19-33     (b) Receive the benefit conferred by this section with a spouse’s

19-34  benefit reduced by a proportion equal to that which the service

19-35  which is not creditable bears to his total service; or

19-36     (c) Purchase the additional spouse’s benefit at the time he retires

19-37  by paying the full actuarial cost as computed for his situation by the

19-38  actuary of the System.

19-39     5.  The entire cost of the benefit conferred by this section must

19-40  be paid by the employee. Each employer must adjust the salaries of

19-41  its employees who are eligible for the benefit to offset its cost to the

19-42  employer. Employers who adjust salaries pursuant to this subsection

19-43  do not by doing so violate any collective bargaining agreement or

19-44  other contract.

 

20-1      Sec. 25.  NRS 286.6705 is hereby amended to read as follows:

20-2      286.6705  1.  Any check for benefits or a refund which has not

20-3  been paid within 5 years after being transferred to the account for

20-4  unclaimed benefits or refunds must be transferred to the Public

20-5  Employees’ Retirement Fund or Police and [Fireman’s]

20-6  Firefighters’ Retirement Fund, whichever is appropriate.

20-7      2.  If, within 6 years after a check for benefits or a refund has

20-8  been transferred pursuant to subsection 1, any person appears and

20-9  claims the money, the claimant may file a petition in the district

20-10  court for Carson City stating the nature of his claim, with an

20-11  appropriate prayer for the relief demanded. A copy of the petition

20-12  must be served upon the Attorney General before or at the time it is

20-13  filed. Within 20 days after service, the Attorney General shall

20-14  appear in the proceeding and respond to the petition. If, after

20-15  examining all the facts, the Attorney General is convinced that the

20-16  System has no legal defense against the petition, he may, with the

20-17  consent of the court, confess judgment on behalf of the System.

20-18     3.  If judgment is not confessed, the petition must be considered

20-19  at issue on the 20th day after its filing, and may be heard by the

20-20  court on that day, or at such future day as the court may order. Upon

20-21  the hearing, the court shall examine into the claim and hear the

20-22  allegations and proofs. If the court finds that the claimant is entitled

20-23  to any money transferred pursuant to subsection 1 to a retirement

20-24  fund, it shall order the [Public Employees’ Retirement] Board to pay

20-25  the money forthwith to the claimant, but without interest or cost to

20-26  the Board.

20-27     4.  All persons, except minors and persons of unsound mind,

20-28  who fail to appear and file their petitions within the time limited in

20-29  subsection 1 are forever barred. Minors and persons of unsound

20-30  mind may appear and file their petitions at any time within 5 years

20-31  after their respective disabilities are removed.

20-32     Sec. 26.  NRS 286.6766 is hereby amended to read as follows:

20-33     286.6766  Any spouse eligible for payments under the

20-34  provisions of NRS 286.674 or 286.676 may elect to waive payment

20-35  of a monthly allowance and to receive instead in a lumpsum a

20-36  refund of all contributions to the Public Employees’ Retirement

20-37  Fund or the Police and [Fireman’s] Firefighters’ Retirement Fund

20-38  made by a deceased member plus any contributions made by a

20-39  public employer in lieu of the employee’s contributions, but if more

20-40  than one person is eligible for benefits on account of the

20-41  contributions of any one deceased member, no such lump-sum

20-42  payment may be made.

20-43     Sec. 27.  NRS 286.6767 is hereby amended to read as follows:

20-44     286.6767  [An unmarried]

21-1      1.  A member may designate, in writing, a survivor beneficiary

21-2  and one or more additional payees to receive the payments

21-3  provided pursuant to NRS 286.67675, 286.6768 or 286.67685 if the

21-4  member is unmarried on the date of his death.

21-5      2.  A designation pursuant to [this section] subsection 1 must

21-6  be made on a form approved by the Executive Officer. If a member

21-7  has designated one or more payees in addition to the survivor

21-8  beneficiary, the member must designate the percentage of the

21-9  payments that the survivor beneficiary and each additional payee

21-10  is entitled to receive.

21-11     Sec. 28.  NRS 286.67675 is hereby amended to read as

21-12  follows:

21-13     286.67675  1.  [The] Except as otherwise provided in this

21-14  subsection, the survivor beneficiary of a deceased member is

21-15  entitled to receive a cumulative benefit of at least $450 per month. If

21-16  a member has designated one or more payees in addition to the

21-17  survivor beneficiary pursuant to NRS 286.6767, the cumulative

21-18  benefit paid pursuant to this subsection must be divided between

21-19  the survivor beneficiary and any additional payee in the

21-20  proportion designated by the member pursuant to NRS 286.6767.

21-21  The payments must begin on the first day of the month immediately

21-22  following the death of the member and must cease on the last day of

21-23  the month in which the survivor beneficiary dies. [If]

21-24     2.  Except as otherwise provided in this subsection, if

21-25  payments made pursuant to subsection 1 cease before the total

21-26  amount of contributions made by the deceased member have been

21-27  received by the survivor beneficiary, the surplus of contributions

21-28  over payments received must be paid to the survivor beneficiary.

21-29     [2.] If the member had designated one or more payees in

21-30  addition to the survivor beneficiary pursuant to NRS 286.6767, the

21-31  surplus of contributions over payments received must be divided

21-32  between the survivor beneficiary and any additional payee in the

21-33  proportion designated by the member pursuant to NRS 286.6767.

21-34     3. The benefits paid pursuant to this section are in addition to

21-35  any benefits paid pursuant to NRS 286.673.

21-36     [3.] 4. As used in this section, “survivor beneficiary” means a

21-37  person designated pursuant to NRS 286.6767.

21-38     Sec. 29.  NRS 286.6768 is hereby amended to read as follows:

21-39     286.6768  1.  Except as otherwise provided in subsection 2

21-40  and as limited by subsection [3,] 4, the survivor beneficiary of a

21-41  deceased member who had 10 or more years of accredited

21-42  contributing service is entitled to receive a monthly allowance

21-43  equivalent to that provided by:

21-44     (a) Option 3 in NRS 286.590, if the deceased member had less

21-45  than 15 years of service on the date of his death; or

22-1      (b) Option 2 in NRS 286.590, if the deceased member had 15 or

22-2  more years of service on the date of his death.

22-3  To apply the provisions of Options 2 and 3, the deceased member

22-4  shall be deemed to have retired on the date of his death immediately

22-5  after having named the survivor beneficiary as beneficiary pursuant

22-6  to the applicable option. This benefit must be computed without any

22-7  reduction for age for the deceased member. The benefits provided

22-8  by this subsection must be paid to the survivor beneficiary for the

22-9  remainder of the life of the survivor beneficiary.

22-10     2.  If the member had designated one or more payees in

22-11  addition to the survivor beneficiary pursuant to NRS 286.6767, the

22-12  monthly allowance to which a survivor beneficiary is entitled

22-13  pursuant to subsection 1 must be divided between the survivor

22-14  beneficiary and any additional payee in the proportion designated

22-15  by the member pursuant to NRS 286.6767.

22-16     3.  The survivor beneficiary may elect to receive the benefits

22-17  provided by any one of the following only:

22-18     (a) This section;

22-19     (b) NRS 286.67675; or

22-20     (c) NRS 286.6769.

22-21     [3.] 4. The benefits provided by paragraph (a) of subsection 1

22-22  may only be paid to the survivor beneficiary and, if applicable, any

22-23  additional payee of a member who died on or after January 1, 2002.

22-24     [4.] 5. As used in this section, “survivor beneficiary” means a

22-25  person designated pursuant to NRS 286.6767.

22-26     Sec. 30.  NRS 286.67685 is hereby amended to read as

22-27  follows:

22-28     286.67685  1.  Except as otherwise provided in subsection 2

22-29  and as limited by subsection [2,] 3, the survivor beneficiary of a

22-30  deceased member who was fully eligible to retire, both as to service

22-31  and age, is entitled to receive a monthly allowance equivalent to that

22-32  provided by Option 2 in NRS 286.590. This section does not apply

22-33  to the survivor beneficiary of a member who was eligible to retire

22-34  only pursuant to subsection 6 of NRS 286.510. For the purposes of

22-35  applying the provisions of Option 2, the deceased member shall be

22-36  deemed to have retired on the date of his death immediately after

22-37  having named the survivor beneficiary as beneficiary pursuant to

22-38  Option 2. The benefits provided by this section must be paid to the

22-39  survivor beneficiary for the remainder of the life of the survivor

22-40  beneficiary. The survivor beneficiary may elect to receive the

22-41  benefits provided by any one of the following only:

22-42     (a) This section;

22-43     (b) NRS 286.67675;

22-44     (c) NRS 286.6768; or

22-45     (d) NRS 286.6769.

23-1      2.  If the member had designated one or more payees in

23-2  addition to the survivor beneficiary pursuant to NRS 286.6767, the

23-3  monthly allowance to which a survivor beneficiary is entitled

23-4  pursuant to subsection 1 must be divided between the survivor

23-5  beneficiary and any additional payee in the proportion designated

23-6  by the member pursuant to NRS 286.6767.

23-7      3.  The benefits provided by this section may only be paid to

23-8  the survivor beneficiary and, if applicable, any additional payee of

23-9  a member who died on or after January 1, 2002.

23-10     [3.] 4. As used in this section, “survivor beneficiary” means a

23-11  person designated pursuant to NRS 286.6767.

23-12     Sec. 31.  NRS 286.6769 is hereby amended to read as follows:

23-13     286.6769  1.  [Any] Except as otherwise provided in

23-14  subsection 2, any survivor beneficiary eligible for payments

23-15  pursuant to the provisions of NRS 286.67675 or 286.6768 may elect

23-16  to waive payment of a monthly allowance and to receive instead in a

23-17  lump sum a refund of all contributions to the Public Employees’

23-18  Retirement Fund or the Police and [Fireman’s] Firefighters’

23-19  Retirement Fund made by a deceased member plus any

23-20  contributions made by a public employer in lieu of the employee’s

23-21  contributions, but if more than one person is eligible for benefits on

23-22  account of the contributions of any one deceased member, no such

23-23  lump-sum payment may be made.

23-24     2.  If the member had designated one or more payees in

23-25  addition to the survivor beneficiary pursuant to NRS 286.6767, the

23-26  lump sum to which a survivor beneficiary is entitled pursuant to

23-27  subsection 1 must be divided between the survivor beneficiary and

23-28  any additional payee in the proportion designated by the member

23-29  pursuant to NRS 286.6767.

23-30     3.  As used in this section, “survivor beneficiary” means a

23-31  person designated pursuant to NRS 286.6767.

23-32     Sec. 32.  NRS 286.680 is hereby amended to read as follows:

23-33     286.680  1.  In addition to the provisions of chapter 355 of

23-34  NRS, the Board may invest and reinvest the money in its funds as

23-35  provided in this section and NRS 286.682 and may employ

23-36  investment counsel for that purpose. The Board may also employ

23-37  investment supervisory services, trust audit services and other

23-38  related investment services which it deems necessary to invest

23-39  effectively and safeguard the money in the System’s funds.

23-40     2.  No person engaged in business as a broker or dealer in

23-41  securities or who has a direct pecuniary interest in any such business

23-42  who receives commissions for transactions performed as agent for

23-43  the board is eligible for employment as investment counsel for the

23-44  Board.

23-45     3.  The Board shall not engage investment counsel unless:

24-1      (a) The principal business of the person selected by the Board

24-2  consists of giving continuous advice as to the investment of money

24-3  on the basis of the individual needs of each client;

24-4      (b) The person and his predecessors have been continuously

24-5  engaged in such a business for a period of 5 or more years;

24-6      (c) The person is registered as an investment adviser under the

24-7  laws of the United States as from time to time in effect, or is a bank

24-8  or an investment management subsidiary of a bank; and

24-9      (d) The contract between the Board and the investment counsel

24-10  is of no specific duration and is voidable at any time by either party.

24-11     4.  The Board and its individual members are not liable for

24-12  investment decisions made by investment counsel if they obtain

24-13  qualified investment counsel, establish proper objectives and

24-14  policies for investments, and issue appropriate interim directives.

24-15  Investment counsel is liable for any investment decision that is not

24-16  made in accordance with the objectives and policies established by

24-17  the Board and any applicable interim directives.

24-18     5.  The expenses incurred in obtaining and reviewing services

24-19  pursuant to the provisions of this section and the reimbursements to

24-20  employees for their expenses incurred in connection with

24-21  investment decisions must be paid out of the Public Employees’

24-22  Retirement Fund and the Police and [Fireman’s] Firefighters’

24-23  Retirement Fund in proportion to their respective assets.

24-24     6.  The Board shall tender invitations to banks and credit unions

24-25  for commercial banking and trust services, consider proposals

24-26  submitted by interested banks and credit unions, and consider

24-27  contracts for commercial banking and trust services at least every 5

24-28  years.

24-29     Sec. 33.  NRS 1A.180 is hereby amended to read as follows:

24-30     1A.180  1.  Beginning July 1, 2003, the Court Administrator

24-31  shall submit to the System for deposit in the Judicial Retirement

24-32  Fund on behalf of each member of the System the percentage of

24-33  compensation of the member that is determined by the actuary of the

24-34  System to be required to pay the normal cost incurred in making

24-35  payments pursuant to subsection 5 of NRS 1A.160 and any

24-36  administrative expenses of the System. Such payments must be:

24-37     (a) Accompanied by payroll reports that include information

24-38  deemed necessary by the Board to carry out its duties; and

24-39     (b) Received by the System not later than 15 days after the

24-40  calendar month for which the compensation and service credits of

24-41  members of the System are reported and certified by the Court

24-42  Administrator. The compensation must be reported separately for

24-43  each month that it is paid.

24-44     2.  Beginning July 1, 2003, the [Court Administrator] State of

24-45  Nevada shall pay to the System for deposit in the Judicial

25-1  Retirement Fund from any fund created for the purpose of paying

25-2  pension benefits to justices of the Supreme Court or district judges

25-3  an amount as the contribution of the State of Nevada as employer

25-4  which is actuarially determined to be sufficient to provide the

25-5  System with enough money to pay all benefits for which the System

25-6  will be liable.

25-7      3.  Except as otherwise provided in this subsection, the total

25-8  contribution rate that is actuarially determined for members of the

25-9  Judicial Retirement Plan must be adjusted on the first monthly

25-10  retirement reporting period commencing on or after July 1 of each

25-11  odd-numbered year based on the actuarially determined

25-12  contribution rate indicated in the biennial actuarial valuation and

25-13  report. The adjusted rate must be rounded to the nearest one-

25-14  quarter of 1 percent. The total contribution rate must not be

25-15  adjusted pursuant to this subsection if the existing rate is within

25-16  one-half of 1 percent of the actuarially determined rate.

25-17     Sec. 34.  NRS 1A.310 is hereby amended to read as follows:

25-18     1A.310  Except as otherwise required as a result of

25-19  NRS 1A.410:

25-20     1.  A member of the Judicial Retirement Plan who has 5 years

25-21  of creditable service may, except as otherwise provided in

25-22  subsection 2, purchase up to 5 years of service. The member must

25-23  pay the full actuarial cost of the service as determined by an actuary

25-24  of the System.

25-25     2.  A justice or judge may purchase creditable service pursuant

25-26  to subsection 1 only if, at the time of the purchase, he is employed

25-27  in a position [whose occupant is] eligible for membership in the

25-28  Judicial Retirement Plan.

25-29     3.  A member of the Judicial Retirement Plan may use:

25-30     (a) All or any portion of the balance of his interest in a qualified

25-31  trust pursuant to section 401(a) of the Internal Revenue Code, 26

25-32  U.S.C. § 401(a); or

25-33     (b) The money contained in an individual retirement account or

25-34  in an individual retirement annuity of a member, the entire amount

25-35  of which is:

25-36         (1) Attributable to a qualified distribution from a qualified

25-37  trust pursuant to section 401(a) of the Internal Revenue Code, 26

25-38  U.S.C. § 401(a); and

25-39         (2) Qualified as an eligible rollover distribution pursuant to

25-40  section 402 of the Internal Revenue Code, 26 U.S.C. § 402,

25-41  to purchase creditable service pursuant to subsection 1.

25-42     4.  If a member of the Judicial Retirement Plan enters into an

25-43  agreement whereby he agrees to pay for the purchase of service

25-44  credit in installments and he defaults on that agreement, the member

26-1  is entitled to receive service credit in the proportion that the

26-2  principal paid bears to the principal due under the agreement.

26-3      Sec. 35.  NRS 1A.370 is hereby amended to read as follows:

26-4      1A.370  1.  A retired justice or judge who accepts employment

26-5  as a justice of the Supreme Court or district judge in any judicial

26-6  capacity, including, without limitation, employment as a senior

26-7  justice or senior judge of the Nevada court system, may enroll in the

26-8  Judicial Retirement Plan as of the effective date of that employment.

26-9  [As] Except as otherwise provided in NRS 1A.380, as of the date of

26-10  enrollment:

26-11     (a) He forfeits all retirement allowances for the duration of that

26-12  employment; and

26-13     (b) Except as otherwise required as a result of NRS 1A.400 or

26-14  1A.410, if the duration of the employment is at least 6 months, he

26-15  gains additional service credit for that employment and is entitled to

26-16  have a separate service retirement allowance calculated based on his

26-17  compensation and service, effective upon the termination of that

26-18  employment. If the duration of the employment is:

26-19         (1) Less than 5 years, the additional allowance must be added

26-20  to his original allowance and must be under the same option and

26-21  designated the same beneficiary as the original allowance; or

26-22         (2) Five years or more, the additional allowance may be

26-23  under any option and designate any beneficiary in accordance with

26-24  NRS 1A.430.

26-25     2.  The original service retirement allowance of such a retired

26-26  justice or judge must not be recalculated based upon the additional

26-27  service credit, nor is he entitled to any of the rights of membership

26-28  that were not in effect at the time of his original retirement. The

26-29  accrual of service credit pursuant to this section is subject to the

26-30  limits imposed by:

26-31     (a) NRS 1A.440; and

26-32     (b) Section 415 of the Internal Revenue Code, 26 U.S.C. § 415.

26-33     3.  Except as otherwise required as a result of NRS 1A.400 or

26-34  1A.410, a retired justice or judge who has been receiving a

26-35  retirement allowance pursuant to the Judicial Retirement Plan and

26-36  who is reemployed and is enrolled in the Plan for at least 5 years

26-37  may have his additional credit for service added to his previous

26-38  credit for service. This additional credit for service must not apply

26-39  to more than one period of employment after the original retirement.

26-40     4.  The survivor of a deceased member of the Judicial

26-41  Retirement Plan who had previously retired and was reemployed

26-42  and enrolled in the Plan, who qualifies for benefits pursuant to NRS

26-43  1A.340 and 1A.530 to 1A.670, inclusive, is eligible for the benefits

26-44  based on the service accrued through the second period of

26-45  employment.

27-1      Sec. 36.  NRS 1A.380 is hereby amended to read as follows:

27-2      1A.380  1.  The provisions of subsection 1 of NRS 1A.360 do

27-3  not apply to a retired justice or judge who accepts employment as a

27-4  justice of the Supreme Court or district judge in a judicial capacity

27-5  if:

27-6      (a) He fills a position for which there is a critical labor shortage;

27-7  and

27-8      (b) At the time of his reemployment, he is receiving:

27-9          (1) [An unmodified benefit;] A benefit that is not actuarially

27-10  reduced pursuant to subsection 2 of NRS 1A.350; or

27-11         (2) A benefit actuarially reduced pursuant to subsection 2 of

27-12  NRS 1A.350 and has reached the required age at which he could

27-13  have retired with [an unmodified benefit.] a benefit that was not

27-14  actuarially reduced pursuant to subsection 2 of NRS 1A.350.

27-15     2.  A retired justice or judge who is reemployed under the

27-16  circumstances set forth in subsection 1 may reenroll in the Judicial

27-17  Retirement Plan as provided in NRS 1A.370.

27-18     3.  The Supreme Court shall designate positions in the Judicial

27-19  Branch of State Government for which there are critical labor

27-20  shortages. The Supreme Court shall not designate a position

27-21  pursuant to this subsection as a position for which there is a

27-22  critical labor shortage for a period longer than 2 years. To be

27-23  redesignated as such a position, the Supreme Court must consider

27-24  whether a critical labor shortage continues to exist for the

27-25  position.

27-26     Sec. 37.  NRS 1A.440 is hereby amended to read as follows:

27-27     1A.440  Except as otherwise required as a result of NRS

27-28  1A.400 or 1A.410:

27-29     1.  Except as otherwise provided in this subsection, a monthly

27-30  service retirement allowance must be determined by multiplying a

27-31  member of the Judicial Retirement Plan’s average compensation by

27-32  3.4091 percent for each year of service, except that a member of the

27-33  Plan is entitled to a benefit of not more than 75 percent of his

27-34  average compensation . [with his eligibility for service credit

27-35  ceasing at 22 years of service.]

27-36     2.  For the purposes of this section, “average compensation”

27-37  means the average of a member of the Plan’s 36 consecutive months

27-38  of highest compensation as certified by the Court Administrator.

27-39     Sec. 38.  NRS 1A.620 is hereby amended to read as follows:

27-40     1A.620  [An unmarried]

27-41     1.  A member of the Judicial Retirement Plan may designate, in

27-42  writing, a survivor beneficiary and one or more additional payees

27-43  to receive the payments provided pursuant to NRS 1A.630, 1A.640

27-44  or 1A.650 if the member is unmarried on the date of his death.

28-1      2.  A designation pursuant to [this section] subsection 1 must

28-2  be made on a form approved by the Executive Officer of the Board.

28-3  If a member has designated one or more payees in addition to the

28-4  survivor beneficiary, the member must designate the percentage of

28-5  the payments that the survivor beneficiary and each additional

28-6  payee is entitled to receive.

28-7      Sec. 39.  NRS 1A.630 is hereby amended to read as follows:

28-8      1A.630  1.  [The] Except as otherwise provided in this

28-9  subsection, the survivor beneficiary of a deceased member of the

28-10  Judicial Retirement Plan is entitled to receive a cumulative benefit

28-11  of at least $450 per month. If a member has designated one or

28-12  more payees in addition to the survivor beneficiary pursuant to

28-13  NRS 1A.620, the cumulative benefit paid pursuant to this

28-14  subsection must be divided between the survivor beneficiary and

28-15  any additional payee in the proportion designated by the member

28-16  pursuant to NRS 1A.620. The payments must begin on the first day

28-17  of the month immediately following the death of the member and

28-18  must cease on the last day of the month in which the survivor

28-19  beneficiary dies.

28-20     2.  The benefits paid pursuant to this section are in addition to

28-21  any benefits paid pursuant to NRS 1A.580.

28-22     3.  As used in this section, “survivor beneficiary” means a

28-23  person designated pursuant to NRS 1A.620.

28-24     Sec. 40.  NRS 1A.640 is hereby amended to read as follows:

28-25     1A.640  1.  [The] Except as otherwise provided in subsection

28-26  2, the survivor beneficiary of a deceased member of the Judicial

28-27  Retirement Plan who had 10 or more years of creditable service is

28-28  entitled to receive a monthly allowance equivalent to that provided

28-29  by:

28-30     (a) Option 3 in NRS 1A.450, if the deceased member had less

28-31  than 15 years of service on the date of his death; or

28-32     (b) Option 2 in NRS 1A.450, if the deceased member had 15 or

28-33  more years of service on the date of his death.

28-34  To apply the provisions of Options 2 and 3, the deceased member

28-35  shall be deemed to have retired on the date of his death immediately

28-36  after having named the survivor beneficiary as beneficiary pursuant

28-37  to the applicable option. This benefit must be computed without any

28-38  reduction for age for the deceased member. The benefits provided

28-39  by this subsection must be paid to the survivor beneficiary for the

28-40  remainder of the life of the survivor beneficiary.

28-41     2.  If the member had designated one or more payees in

28-42  addition to the survivor beneficiary pursuant to NRS 1A.620, the

28-43  monthly allowance to which a survivor beneficiary is entitled

28-44  pursuant to subsection 1 must be divided between the survivor

29-1  beneficiary and any additional payee in the proportion designated

29-2  by the member pursuant to NRS 1A.620.

29-3      3.  The survivor beneficiary may elect to receive the benefits

29-4  provided by any one of the following only:

29-5      (a) This section; or

29-6      (b) NRS 1A.630.

29-7      [3.] 4. As used in this section, “survivor beneficiary” means a

29-8  person designated pursuant to NRS 1A.620.

29-9      Sec. 41.  NRS 1A.650 is hereby amended to read as follows:

29-10     1A.650  1.  [The] Except as otherwise provided in subsection

29-11  2, the survivor beneficiary of a deceased member of the Judicial

29-12  Retirement Plan who was fully eligible to retire, both as to service

29-13  and age, is entitled to receive a monthly allowance equivalent to that

29-14  provided by Option 2 in NRS 1A.450. This section does not apply to

29-15  the survivor beneficiary of a member who was eligible to retire only

29-16  pursuant to subsection 2 of NRS 1A.350. For the purposes of

29-17  applying the provisions of Option 2, the deceased member shall be

29-18  deemed to have retired on the date of his death immediately after

29-19  having named the survivor beneficiary as beneficiary pursuant to

29-20  Option 2. The benefits provided by this section must be paid to the

29-21  survivor beneficiary for the remainder of the life of the survivor

29-22  beneficiary. The survivor beneficiary may elect to receive the

29-23  benefits provided by any one of the following only:

29-24     (a) This section;

29-25     (b) NRS 1A.630; or

29-26     (c) NRS 1A.640.

29-27     2.  If the member had designated one or more payees in

29-28  addition to the survivor beneficiary pursuant to NRS 1A.620, the

29-29  monthly allowance to which a survivor beneficiary is entitled

29-30  pursuant to subsection 1 must be divided between the survivor

29-31  beneficiary and any additional payee in the proportion designated

29-32  by the member pursuant to NRS 1A.620.

29-33     3.  As used in this section, “survivor beneficiary” means a

29-34  person designated pursuant to NRS 1A.620.

29-35     Sec. 42.  NRS 2.079 is hereby amended to read as follows:

29-36     2.079  1.  [An unmarried] A justice of the Supreme Court may

29-37  designate, in writing, a survivor beneficiary and one or more

29-38  additional payees to receive the payments provided pursuant to this

29-39  section if the justice is unmarried on the date of his death. A

29-40  designation pursuant to this section must be made on a form

29-41  approved by the Court Administrator. If the justice has designated

29-42  one or more payees in addition to the survivor beneficiary, the

29-43  justice must designate the percentage of the payments that the

29-44  survivor beneficiary and each additional payee is entitled to

29-45  receive.

30-1      2.  [If] Except as otherwise provided in this subsection, if a

30-2  justice of the Supreme Court at the time of his death had retired and

30-3  was then receiving a pension pursuant to the provisions of NRS

30-4  2.060, or if at the time of his death the justice had not retired but had

30-5  performed sufficient service for retirement pursuant to the

30-6  provisions of NRS 2.060, the survivor beneficiary designated

30-7  pursuant to subsection 1, if the survivor beneficiary has attained the

30-8  age of 60 years, is entitled, until his death, to receive monthly

30-9  payments of $2,500 per month. If the justice had designated one or

30-10  more payees in addition to the survivor beneficiary pursuant to

30-11  subsection 1, the monthly payments paid pursuant to this

30-12  subsection must be divided between the survivor beneficiary and

30-13  any additional payee in the proportion designated by the justice

30-14  pursuant to subsection 1.

30-15     3.  [If] Except as otherwise provided in this subsection, if a

30-16  survivor beneficiary of a justice is not eligible to receive benefits

30-17  pursuant to subsection 2, he is entitled, until his death or until he

30-18  becomes eligible to receive those benefits, to receive payments

30-19  equal in amount to the payment provided in subsection 1 of NRS

30-20  286.67675 for the survivor beneficiary of a deceased member of the

30-21  Public Employees’ Retirement System. If the justice had

30-22  designated one or more payees in addition to the survivor

30-23  beneficiary pursuant to subsection 1, the payments paid pursuant

30-24  to this subsection must be divided between the survivor beneficiary

30-25  and any additional payee in the proportion designated by the

30-26  justice pursuant to subsection 1.

30-27     4.  To obtain [these benefits,] the benefits authorized in

30-28  subsection 3, the survivor beneficiary must make application to the

30-29  Executive Officer of the Public Employees’ Retirement Board and

30-30  furnish such information as may be required pursuant to reasonable

30-31  regulations adopted for the purpose of carrying out the intent of this

30-32  section.

30-33     5.  Any person receiving a benefit pursuant to the provisions of

30-34  this section is entitled to receive postretirement increases equal to

30-35  those provided for persons retired pursuant to the Public Employees’

30-36  Retirement System.

30-37     6.  It is the intent of this section that no special fund be created

30-38  for the purpose of paying these benefits, and all payments made

30-39  pursuant to the provisions of this section are to be made out of and

30-40  charged to the Judicial Retirement Fund established pursuant to

30-41  NRS 1A.160.

30-42     Sec. 43.  NRS 3.098 is hereby amended to read as follows:

30-43     3.098  1.  [An unmarried] A district judge may designate, in

30-44  writing, a survivor beneficiary and one or more additional payees

30-45  to receive the payments provided pursuant to this section if the

31-1  judge is unmarried on the date of his death. A designation pursuant

31-2  to this section must be made on a form approved by the Court

31-3  Administrator. If the district judge has designated one or more

31-4  payees in addition to the survivor beneficiary, the district judge

31-5  must designate the percentage of the payments that the survivor

31-6  beneficiary and each additional payee is entitled to receive.

31-7      2.  [If] Except as otherwise provided in this subsection, if a

31-8  district judge at the time of his death had retired and was then

31-9  receiving a pension pursuant to the provisions of NRS 3.090, or if at

31-10  the time of his death the district judge had not retired but had

31-11  performed sufficient service for retirement pursuant to the

31-12  provisions of NRS 3.090, the survivor beneficiary designated

31-13  pursuant to subsection 1, if the survivor beneficiary has attained the

31-14  age of 60 years, is entitled, until his death, to receive monthly

31-15  payments of $2,500 per month. If the district judge had designated

31-16  one or more payees in addition to the survivor beneficiary

31-17  pursuant to subsection 1, the monthly payments paid pursuant to

31-18  this subsection must be divided between the survivor beneficiary

31-19  and any additional payee in the proportion designated by the

31-20  district judge pursuant to subsection 1.

31-21     3.  [If] Except as otherwise provided in this subsection, if a

31-22  survivor beneficiary of a district judge is not eligible to receive

31-23  benefits pursuant to subsection 2, he is entitled, until his death or

31-24  until he becomes eligible to receive those benefits, to receive

31-25  payments equal in amount to the payment provided in subsection 1

31-26  of NRS 286.67675 for the survivor beneficiary of a deceased

31-27  member of the Public Employees’ Retirement System. If the district

31-28  judge had designated one or more payees in addition to the

31-29  survivor beneficiary pursuant to subsection 1, the payments paid

31-30  pursuant to this subsection must be divided between the survivor

31-31  beneficiary and any additional payee in the proportion designated

31-32  by the district judge pursuant to subsection 1.

31-33     4.  To obtain [these benefits,] the benefits authorized by

31-34  subsection 3, the survivor beneficiary must make application to the

31-35  Executive Officer of the Public Employees’ Retirement [Fund]

31-36  Board and furnish such information as may be required pursuant to

31-37  reasonable regulations adopted for the purpose of carrying out the

31-38  intent of this section.

31-39     5.  Any person receiving a benefit pursuant to the provisions of

31-40  this section is entitled to receive postretirement increases equal to

31-41  those provided for persons retired pursuant to the Public Employees’

31-42  Retirement System.

31-43     6.  It is the intent of this section that no special fund be created

31-44  for the purpose of paying these benefits, and all payments made

31-45  pursuant to the provisions of this section are to be made out of and

32-1  charged to the Judicial Retirement Fund established pursuant to

32-2  NRS 1A.160.

32-3      Sec. 44.  The designation of a position for which there is a

32-4  critical labor shortage pursuant to NRS 1A.380 or 286.523 expires

32-5  on the date on which the authority to make the designation expires.

32-6      Sec. 45.  1.  This section and sections 1 to 26, inclusive, and

32-7  32 to 37, inclusive, and 44 of this act become effective on July 1,

32-8  2003.

32-9      2.  Sections 27 to 31, inclusive, and 38 to 43, inclusive, of this

32-10  act become effective on January 1, 2004.

32-11     3.  Sections 20, 21, 35 and 36 of this act expire by limitation on

32-12  June 30, 2005.

 

32-13  H