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; authorizing certain justices of the Supreme Court and district judges to receive benefits for retirement, benefits for disability and survivor benefits pursuant to 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:

 

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

1-2  286.031  “Disability retirement allowance” means monthly

1-3  payments from the Public Employees’ Retirement Fund or the

1-4  Police and [Firemen’s] Firefighters’ Retirement Fund paid to

1-5  disabled retired employees.

1-6  Sec. 2.  NRS 286.042 is hereby amended to read as follows:

1-7  286.042  [“Fireman”] “Firefighter” means a member who is:

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

1-9  employer, the principal duties of which require emotional stability

1-10  and physical capacity in protecting the public and controlling and

1-11  extinguishing fires.

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

1-13  has:

1-14      (a) Earned at least 2 years of creditable service in that position;

1-15  and

1-16      (b) Been promoted or transferred within the chain of command

1-17  by the same public employer to a position related to protecting the

1-18  public and controlling and extinguishing fires.

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

1-20      (a) Has earned at least 2 years of creditable service in that

1-21  position; and

1-22      (b) Is employed by a different public employer in a position that

1-23  would have been eligible under paragraph (b) of subsection 2 had he

1-24  remained with his former employer.

1-25      Sec. 3.  NRS 286.070 is hereby amended to read as follows:

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

1-27  agencies or one of its political subdivisions, the System, irrigation

1-28  districts created under the laws of the State of Nevada, [a nonprofit

1-29  corporation to which a public hospital has been conveyed or leased

1-30  pursuant to NRS 450.500,] a public or quasi-public organization or

1-31  agency that is funded, at least in part, by public money, including a

1-32  regional transportation commission, a governing body of a charter

1-33  school and a council of governments created pursuant to the laws of

1-34  the State of Nevada.

1-35      2.  State agencies are those agencies subject to state control and

1-36  supervision, including those whose employees are governed by

1-37  chapter 284 of NRS, unless specifically exempted therefrom, and

1-38  those which deposit money with the State Treasurer.

1-39      Sec. 4.  NRS 286.080 is hereby amended to read as follows:

1-40      286.080  “Service retirement allowance” means monthly

1-41  payments from the Public Employees’ Retirement Fund or the

2-1  Police and [Firemen’s] Firefighters’ Retirement Fund paid to a

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

2-3  Sec. 5.  NRS 286.130 is hereby amended to read as follows:

2-4  286.130  1.  Three members of the Board must be persons

2-5  who:

2-6  (a) Have had at least 10 years of service as employees of the

2-7  State of Nevada or its political subdivisions;

2-8  (b) Are not elected officers of the State of Nevada or its political

2-9  subdivisions;

2-10      (c) Are active members of the System; and

2-11      (d) Are appointed from written nominations submitted by the

2-12  following groups:

2-13          (1) Employees of the State and the University and

2-14  Community College System of Nevada;

2-15          (2) The academic staff of school districts;

2-16          (3) Employees of cities, excluding Carson City;

2-17          (4) Employees of counties, including Carson City and

2-18  excluding employees of county hospitals;

2-19          (5) Employees of county hospitals, public utilities, power

2-20  districts, sanitation districts, classified school employees and

2-21  employees of other districts as determined by the Board; and

2-22          (6) Employees whose current positions entitle them to

2-23  participate in the Police and [Firemen’s] Firefighters’ Retirement

2-24  Fund.

2-25  Each nominee must be a member of the group or organization that is

2-26  nominating him.

2-27      2.  Two members of the Board must be persons who:

2-28      (a) Have had at least 10 years of service as employees of the

2-29  State of Nevada or its political subdivisions;

2-30      (b) Are not elected officers of the State of Nevada or its political

2-31  subdivisions;

2-32      (c) Are active members of the System; and

2-33      (d) Are appointed from written nominations submitted by the

2-34  following groups:

2-35          (1) Administrators of school districts or members of boards

2-36  of trustees of school districts; and

2-37          (2) Members of boards of county commissioners or the

2-38  governing bodies of cities or administrators of counties or cities.

2-39      3.  One member of the Board must be a person who:

2-40      (a) Is an employee of the State of Nevada or its political

2-41  subdivisions with at least 10 years of service;

2-42      (b) Is serving in a position at least equivalent to the manager of

2-43  a department or division;

2-44      (c) Is not an elected officer of the State of Nevada or its political

2-45  subdivisions; and

3-1  (d) Is an active member of the System.

3-2  4.  One member of the board must be a person who:

3-3  (a) Has had at least 10 years of service as an employee of the

3-4  State of Nevada or its political subdivisions;

3-5  (b) Is not an elected officer of the State of Nevada or its political

3-6  subdivisions; and

3-7  (c) Is receiving an allowance for service or disability retirement

3-8  pursuant to this chapter.

3-9  5.  A member of the Board shall serve for 4 years, so long as he

3-10  has the qualifications required by this section, and until his

3-11  successor is appointed and takes office. A member of the Board who

3-12  no longer has the qualifications specified in the subsection under

3-13  which he was appointed may serve the remainder of his term if the

3-14  member loses those qualifications in the final 24 months of his term.

3-15      Sec. 6.  NRS 286.160 is hereby amended to read as follows:

3-16      286.160  1.  The Board shall employ an Executive Officer who

3-17  serves at the pleasure of the Board. The Executive Officer shall

3-18  select an Operations Officer, Investment Officer, Assistant

3-19  Investment Officer, Manager of Information Systems,

3-20  Administrative Assistant and Administrative Analyst whose

3-21  appointments are effective upon confirmation by the Board. The

3-22  Operations Officer, Investment Officer, Assistant Investment

3-23  Officer, Manager of Information Systems, Administrative Assistant

3-24  and Administrative Analyst serve at the pleasure of the Executive

3-25  Officer.

3-26      2.  The Executive Officer, Operations Officer, Investment

3-27  Officer, Assistant Investment Officer, Manager of Information

3-28  Systems, Administrative Assistant and Administrative Analyst are

3-29  entitled to annual salaries fixed by the Board with the approval of

3-30  the Interim Retirement and Benefits Committee of the Legislature

3-31  created pursuant to NRS 218.5373. The salaries of these employees

3-32  are exempt from the limitations of NRS 281.123.

3-33      3.  The Executive Officer must:

3-34      (a) Be a graduate of a 4‑year college or university with a degree

3-35  in business administration or public administration or equivalent

3-36  degree.

3-37      (b) Possess at least 5 years’ experience in a high level

3-38  administrative or executive capacity, including responsibility for a

3-39  variety of administrative functions such as retirement, insurance,

3-40  investment or fiscal operations.

3-41      4.  The Operations Officer , [and the] Investment Officer ,

3-42  Assistant Investment Officer, Manager of Information Systems

3-43  and Administrative Analyst must each be a graduate of a 4-year

3-44  college or university with a degree in business administration or

3-45  public administration or an equivalent degree.

4-1  5.  Except as otherwise provided in NRS 284.143, the

4-2  Executive Officer shall not pursue any other business or occupation

4-3  or perform the duties of any other office of profit during normal

4-4  office hours unless on leave approved in advance. The Executive

4-5  Officer shall not participate in any business enterprise or investment

4-6  in real or personal property if the System owns or has a direct

4-7  financial interest in that enterprise or property.

4-8  Sec. 7.  NRS 286.211 is hereby amended to read as follows:

4-9  286.211  1.  The Board shall, with the advice of the Interim

4-10  Retirement and Benefits Committee of the Legislature created

4-11  pursuant to NRS 218.5373:

4-12      (a) Adopt regulations for the evaluation of requests for

4-13  enrollment under the Police and [Firemen’s] Firefighters’

4-14  Retirement Fund; and

4-15      (b) Determine those positions eligible under the early retirement

4-16  provisions for police officers and [firemen.] firefighters.

4-17      2.  Service in any position which has not been determined by

4-18  the Board to be eligible does not entitle a member to early

4-19  retirement as a [fireman] firefighter or police officer.

4-20      Sec. 8.  NRS 286.225 is hereby amended to read as follows:

4-21      286.225  1.  The Board shall establish a separate retirement

4-22  fund known as the Police and [Firemen’s] Firefighters’ Retirement

4-23  Fund.

4-24      2.  All refunds, disability retirement allowances, benefits for

4-25  survivors, and service retirement allowances paid to police officers

4-26  and [firemen] firefighters and their beneficiaries [shall] must be

4-27  paid from the Police and [Firemen’s] Firefighters’ Retirement

4-28  Fund.

4-29      3.  All contributions paid by and for police officers and

4-30  [firemen shall] firefighters must be credited to the Police and

4-31  [Firemen’s] Firefighters’ Retirement Fund.

4-32      4.  The Police and [Firemen’s] Firefighters’ Retirement Fund

4-33  [shall] must be administered by the Board and is subject to all

4-34  restrictions and regulations applicable to the Board.

4-35      5.  Any postretirement increase appropriated by the Legislature

4-36  in accordance with this chapter, [shall] must be paid to eligible

4-37  retired police officers and [firemen] firefighters and their

4-38  beneficiaries from any such appropriation.

4-39      6.  Investment return on moneys in the Police and [Firemen’s]

4-40  Firefighters’ Retirement Fund [shall] must be deposited in that

4-41  Fund at the end of each fiscal year based on annual average yield of

4-42  the System.

4-43      7.  The Board shall transfer appropriate employee and employer

4-44  contributions made by and for members who transfer to and from

5-1  the Public Employees’ Retirement Fund and the Police and

5-2  [Firemen’s] Firefighters’ Retirement Fund.

5-3  Sec. 9.  NRS 286.227 is hereby amended to read as follows:

5-4  286.227  1.  There is hereby created a Police and [Firemen’s]

5-5  Firefighters’ Retirement Fund Advisory Committee. The Board

5-6  shall determine the number of its members and appoint the

5-7  members. Each member serves at the pleasure of the Board.

5-8  2.  The Committee shall make recommendations to the Board

5-9  concerning the administration of and benefits payable from the

5-10  Police and [Firemen’s] Firefighters’ Retirement Fund. The Board

5-11  shall consult with the Committee on all matters concerning this

5-12  Fund, and consider its recommendations upon their merits.

5-13      Sec. 10.  NRS 286.230 is hereby amended to read as follows:

5-14      286.230  1.  The Board shall establish a fund known as the

5-15  Public Employees’ Retirement Administrative Fund in which must

5-16  be deposited all administrative fees.

5-17      2.  The Board shall fix an administrative fee per capita

5-18  sufficient to pay the operating expense of the System. Except as

5-19  otherwise provided by NRS 1A.200 and 218.23745, the System

5-20  shall transfer monthly from the respective retirement funds to the

5-21  Public Employees’ Retirement Administrative Fund the amount of

5-22  the per capita fee multiplied by the combined number of members

5-23  and persons receiving allowances from that Fund.

5-24      3.  The Board may establish a separate and additional

5-25  administrative fee for police officers and [firemen] firefighters and

5-26  their public employers to pay the additional expense of maintaining

5-27  a separate fund and to pay the actual and necessary travel expenses

5-28  and other expenses, within the limits established by the Board, for

5-29  meetings of the Police and [Firemen’s] Firefighters’ Retirement

5-30  Fund Advisory Committee.

5-31      Sec. 11.  NRS 286.260 is hereby amended to read as follows:

5-32      286.260  1.  The Board shall provide for an individual account

5-33  for each member of the System. Each account [shall] must show the

5-34  amount of the member’s contributions to the Public Employees’

5-35  Retirement Fund or Police and [Firemen’s] Firefighters’ Retirement

5-36  Fund and any changes in the account that may be legally authorized.

5-37      2.  Any interest paid by a member with the repayment of

5-38  withdrawn contributions or purchase of any service [shall] must not

5-39  be credited to such member’s account.

5-40      3.  The Board is relieved of any further liability regarding a

5-41  member, his estate or a beneficiary upon the return of all employee

5-42  contributions to the member, his estate or beneficiary or a

5-43  combination thereof.

 

 

6-1  Sec. 12.  NRS 286.300 is hereby amended to read as follows:

6-2  286.300  Except as otherwise required as a result of

6-3  NRS 286.537:

6-4  1.  Any member of the System may, except as otherwise

6-5  provided in subsection 4, purchase all previous creditable service

6-6  performed with his present employing agency if that service was

6-7  performed before the enrollment of his agency in the System, even

6-8  if the service is still creditable in some other system where it cannot

6-9  be cancelled. The public employer must certify the inclusive dates

6-10  of employment and number of hours regularly worked by the

6-11  member to validate the service. The member must pay the full

6-12  actuarial cost as determined by the actuary.

6-13      2.  In addition to the purchase authorized pursuant to the

6-14  provisions of subsection 1, any member who has 5 years of

6-15  creditable service may, except as otherwise provided in subsection

6-16  4, purchase up to 5 years of service. The member must pay the full

6-17  actuarial cost of the service as determined by an actuary of the

6-18  System.

6-19      3.  In addition to the purchase authorized pursuant to the

6-20  provisions of subsection 1, any member who:

6-21      (a) Is a licensed teacher;

6-22      (b) Has 5 years of creditable service;

6-23      (c) Is, pursuant to statute, regulation or contract, entitled to

6-24  payment for unused sick leave; and

6-25      (d) Is employed by the board of trustees of a school district that

6-26  has, pursuant to subsection 5 of NRS 391.180, provided for the

6-27  payment of unused sick leave in the form of purchase of

6-28  service,

6-29  may, except as otherwise provided in subsection 4, cause to be

6-30  purchased on his behalf service credit, not to exceed the number of

6-31  hours of unused sick leave or 1 year, whichever is less. The full

6-32  actuarial cost of the service as determined by an actuary of the

6-33  System must be paid for such a purchase. Any service credit

6-34  purchased pursuant to this subsection must be included as a part of,

6-35  and is not in addition to, service purchased pursuant to subsection 2.

6-36      4.  A person who becomes a member of the System for the first

6-37  time on or after January 1, 2000, may, on or after July 1, 2001,

6-38  purchase creditable service pursuant to subsection 1 or 2, or cause to

6-39  be purchased on his behalf service credit pursuant to subsection 3,

6-40  only if, at the time of the purchase, he is employed by a participating

6-41  public employer in a position [whose occupant is thereby] eligible

6-42  for membership in the System.

6-43      5.  Any member of the System may use:

7-1  (a) All or any portion of the balance of the member’s interest in

7-2  a qualified trust pursuant to section 401(a) of the Internal Revenue

7-3  Code, 26 U.S.C. § 401(a); or

7-4  (b) The money contained in an individual retirement account or

7-5  an individual retirement annuity of a member, the entire amount of

7-6  which is:

7-7       (1) Attributable to a qualified distribution from a qualified

7-8  trust pursuant to section 401(a) of the Internal Revenue Code, 26

7-9  U.S.C. § 401(a); and

7-10          (2) Qualified as an eligible rollover distribution pursuant to

7-11  section 402 of the Internal Revenue Code, 26 U.S.C. § 402,

7-12  to purchase creditable service pursuant to subsection 1 or 2.

7-13      6.  A member of the System who purchases creditable service

7-14  pursuant to subsection 1 or 2 is entitled to receive a refund of any

7-15  contributions paid toward the purchase of the service only if he is no

7-16  longer in the employ of a participating public employer.

7-17      7.  If a member of the System enters into an agreement whereby

7-18  he agrees to pay for the purchase of service credit in installments

7-19  and he defaults on that agreement, the member is entitled to receive

7-20  service credit in the proportion that the principal paid bears to the

7-21  principal due under the agreement.

7-22      Sec. 13.  NRS 286.367 is hereby amended to read as follows:

7-23      286.367  1.  The volunteers of a regularly organized and

7-24  recognized fire department may, by the joint application of a

7-25  majority of those volunteers addressed to the Board, become

7-26  members of the System. A volunteer [fireman] firefighter who joins

7-27  a fire department of which all the volunteers have become members

7-28  of the System becomes a member of the System. The volunteers of a

7-29  participating fire department may withdraw from the System by the

7-30  joint application of a majority of those volunteers addressed to the

7-31  Board.

7-32      2.  The city, town, county or district which recognizes the

7-33  volunteers is the public employer and shall collect and pay over the

7-34  employee’s share and pay the employer’s share of the contribution

7-35  to the Public Employees’ Retirement Fund and the Public

7-36  Employees’ Retirement Administrative Fund, in the manner

7-37  prescribed in this chapter. The local government may, if so

7-38  requested by the volunteers, further contribute any amount by which

7-39  the sum receivable by each volunteer for any month is less than the

7-40  amount of his required share of the contribution, but no further

7-41  contributions may be placed in a volunteer’s account with the

7-42  System or refunded to a volunteer or his employer upon the

7-43  volunteer’s termination.

7-44      3.  In determining the amount of contributions to be paid for the

7-45  volunteers, they are assumed to be receiving a wage established by

8-1  the local government which is not less than $150 nor more than

8-2  $750 per month.

8-3  4.  Except as otherwise required as a result of NRS 286.535 or

8-4  286.537, the average compensation for a volunteer [fireman]

8-5  firefighter is the weighted average of:

8-6  (a) The assumed wage as a volunteer [fireman;] firefighter; and

8-7  (b) The average salary in other covered employment which,

8-8  if the service in that employment exceeds 3 years, is calculated upon

8-9  the 3 highest consecutive years.

8-10  The weight given to the assumed wage and average salary,

8-11  respectively, is proportionate to the length of service in each

8-12  capacity. Except as otherwise required as a result of NRS 286.535 or

8-13  286.537, average compensation is computed from the sum of the

8-14  assumed wage and actual salary if a member is employed

8-15  simultaneously as a volunteer [fireman] firefighter and as a regular

8-16  member.

8-17      5.  Any dispute over the status of a person as a volunteer

8-18  [fireman] firefighter under this section must be conclusively

8-19  determined by the Board.

8-20      6.  A volunteer [fireman] firefighter may purchase all previous

8-21  service as a volunteer [fireman] firefighter with any volunteer fire

8-22  department which is a member of the System. To validate such

8-23  service, the volunteer [fireman] firefighter must pay the full cost as

8-24  determined by the actuary. The employing agency may pay the

8-25  employer’s share of the cost but is not required to do so.

8-26      7.  In addition to the purchase authorized pursuant to the

8-27  provisions of subsection 6, a volunteer [fireman] firefighter who has

8-28  5 years creditable service as a volunteer [fireman] firefighter may

8-29  purchase up to 5 years of service to add to his volunteer service. The

8-30  member must pay the full actuarial cost of the service as determined

8-31  by an actuary of the System.

8-32      Sec. 14.  NRS 286.410 is hereby amended to read as follows:

8-33      286.410  1.  The employee contribution rate must be:

8-34      (a) The matching contribution rate for employees and employers

8-35  that is actuarially determined for police officers and [firemen]

8-36  firefighters and for regular members, depending upon the retirement

8-37  fund in which the member is participating.

8-38      (b) Adjusted on the first monthly retirement reporting period

8-39  commencing on or after July 1 of each odd‑numbered year based on

8-40  the actuarially determined contribution rate indicated in the biennial

8-41  actuarial valuation and report of the immediately preceding year.

8-42  The adjusted rate must be rounded to the nearest one-quarter of 1

8-43  percent.

8-44      2.  The employee’s portion of the matching contribution rate for

8-45  employees and employers must not be adjusted in accordance with

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

9-2  within one-quarter of 1 percent of the actuarially determined rate.

9-3  3.  From each payroll during the period of his membership, the

9-4  employer shall deduct the amount of the member’s contributions

9-5  and transmit the deduction to the Board at intervals designated and

9-6  upon forms prescribed by the Board. The contributions must be paid

9-7  on compensation earned by a member from his first day of service.

9-8  4.  Any employee whose position is determined after July 1,

9-9  1971, to be eligible under the early retirement provisions for police

9-10  officers and [firemen] firefighters shall contribute the additional

9-11  contributions required of police officers and [firemen] firefighters

9-12  from July 1, 1971, to the date of his enrollment under the Police and

9-13  [Firemen’s] Firefighters’ Retirement Fund, if employment in this

9-14  position occurred before July 1, 1971, or from date of employment

9-15  in this position to the date of his enrollment under the Police and

9-16  [Firemen’s] Firefighters’ Retirement Fund, if employment occurs

9-17  later.

9-18      5.  Except as otherwise provided in NRS 286.430, the System

9-19  shall guarantee to each member the return of at least the total

9-20  employee contributions which the member has made and which

9-21  were credited to his individual account. These contributions may be

9-22  returned to the member, his estate or beneficiary or a combination

9-23  thereof in monthly benefits, a lump-sum refund or both.

9-24      6.  Disabled members who are injured on the job and receive

9-25  industrial insurance benefits for temporary total disability remain

9-26  contributing members of the System for the duration of the benefits

9-27  if and while the public employer continues to pay the difference

9-28  between these benefits and his regular compensation. The public

9-29  employer shall pay the employer contributions on these benefits.

9-30      Sec. 15.  NRS 286.421 is hereby amended to read as follows:

9-31      286.421  1.  A public employer that elected to pay on behalf of

9-32  its employees the contributions required by subsection 1 of NRS

9-33  286.410 before July 1, 1983, shall continue to do so, but a public

9-34  employer may not elect to pay those contributions on behalf of its

9-35  employees on or after July 1, 1983.

9-36      2.  An employee of a public employer that did not elect to pay

9-37  on behalf of its employees the contributions required by subsection

9-38  1 of NRS 286.410 before July 1, 1983, may elect to:

9-39      (a) Pay the contribution required by subsection 1 of NRS

9-40  286.410 on his own behalf; or

9-41      (b) Have his portion of the contribution paid by his employer

9-42  pursuant to the provisions of NRS 286.425.

9-43      3.  Except for any person chosen by election or appointment to

9-44  serve in an elective office of a political subdivision or as a district

9-45  judge or a justice of the Supreme Court of this state:

10-1      (a) Payment of the employee’s portion of the contributions

10-2  pursuant to subsection 1 must be:

10-3          (1) Made in lieu of equivalent basic salary increases or cost-

10-4  of-living increases, or both; or

10-5          (2) Counterbalanced by equivalent reductions in employees’

10-6  salaries.

10-7      (b) The average compensation from which the amount of

10-8  benefits payable pursuant to this chapter is determined must be

10-9  increased with respect to each month beginning after June 30, 1975,

10-10  by 50 percent of the contribution made by the public employer, and

10-11  must not be less than it would have been if contributions had been

10-12  made by the member and the public employer separately. In the case

10-13  of any officer or judge described in this subsection, any contribution

10-14  made by the public employer on his behalf does not affect his

10-15  compensation but is an added special payment.

10-16     4.  Employee contributions made by a public employer must be

10-17  deposited in either the Public Employees’ Retirement Fund or the

10-18  Police and [Firemen’s] Firefighters’ Retirement Fund as is

10-19  appropriate. These contributions must not be credited to the

10-20  individual account of the member and may not be withdrawn by the

10-21  member upon his termination.

10-22     5.  The membership of an employee who became a member on

10-23  or after July 1, 1975, and all contributions on whose behalf were

10-24  made by his public employer must not be cancelled upon the

10-25  termination of his service.

10-26     6.  If an employer is paying the basic contribution on behalf of

10-27  an employee, the total contribution rate, in lieu of the amounts

10-28  required by subsection 1 of NRS 286.410 and NRS 286.450, must

10-29  be:

10-30     (a) The total contribution rate for employers that is actuarially

10-31  determined for police officers and [firemen] firefighters and for

10-32  regular members, depending upon the retirement fund in which the

10-33  member is participating.

10-34     (b) Adjusted on the first monthly retirement reporting period

10-35  commencing on or after July 1 of each odd‑numbered year based on

10-36  the actuarially determined contribution rate indicated in the biennial

10-37  actuarial valuation and report of the immediately preceding year.

10-38  The adjusted rate must be rounded to the nearest one-quarter of 1

10-39  percent.

10-40     7.  The total contribution rate for employers must not be

10-41  adjusted in accordance with the provisions of paragraph (b) of

10-42  subsection 6 if the existing rate is within one-half of 1 percent of the

10-43  actuarially determined rate.

11-1      8.  For the purposes of adjusting salary increases and cost-of-

11-2  living increases or of salary reduction, the total contribution must be

11-3  equally divided between employer and employee.

11-4      9.  Public employers other than the State of Nevada shall pay

11-5  the entire employee contribution for those employees who

11-6  contribute to the Police and [Firemen’s] Firefighters’ Retirement

11-7  Fund on and after July 1, 1981.

11-8      Sec. 16.  NRS 286.430 is hereby amended to read as follows:

11-9      286.430  1.  Except as otherwise provided in subsection 8 and

11-10  NRS 286.300, a member may withdraw the employee contributions

11-11  credited to his individual account if:

11-12     (a) He has terminated service for which contribution is required;

11-13  or

11-14     (b) He is employed in a position for which contribution is

11-15  prohibited.

11-16     2.  The System shall not refund these contributions until it has

11-17  received:

11-18     (a) A properly completed application for refund;

11-19     (b) A notice of termination from the member’s public employer

11-20  or a certification by the public employer that the member is

11-21  employed in a position for which contribution is prohibited; and

11-22     (c) Except as otherwise provided in subsection 3, all

11-23  contributions withheld from such member’s compensation.

11-24     3.  If a member submits an application for a refund of his

11-25  contributions before all of his contributions which were withheld

11-26  have been remitted, the System may refund the portion of his

11-27  contributions which it has received.

11-28     4.  If it is determined, after the System has refunded the

11-29  contributions of a member, that an additional amount of less than

11-30  $10 is due to him, a refund of that amount need not be paid.

11-31     5.  Refunds, pursuant to this section, must be made by check

11-32  mailed to the address specified by a member in his application for

11-33  refund.

11-34     6.  The System shall transfer all money retained pursuant to

11-35  subsection 4 and the amount of any unclaimed refund checks to the

11-36  Public Employees’ Retirement Fund or the Police and [Firemen’s]

11-37  Firefighters’ Retirement Fund.

11-38     7.  All membership rights and active service credit in the

11-39  System, including service for which the public employer paid the

11-40  employee contributions, are cancelled upon the withdrawal of

11-41  contributions from a member’s account.

11-42     8.  A member who transfers to a position for which contribution

11-43  is prohibited must remain in that position for at least 90 days before

11-44  he is eligible to receive a refund pursuant to this section.

 

12-1      Sec. 17.  NRS 286.450 is hereby amended to read as follows:

12-2      286.450  1.  The employer contribution rate must be:

12-3      (a) The matching contribution rate for employees and employers

12-4  that is actuarially determined for police officers and [firemen]

12-5  firefighters and for regular members, depending upon the retirement

12-6  fund in which the member is participating.

12-7      (b) Adjusted on the first monthly retirement reporting period

12-8  commencing on or after July 1 of each odd‑numbered year based on

12-9  the actuarially determined contribution rate indicated in the biennial

12-10  actuarial valuation and report of the immediately preceding year.

12-11  The adjusted rate must be rounded to the nearest one-quarter of 1

12-12  percent.

12-13     2.  The employer’s portion of the matching contribution rate for

12-14  employees and employers must not be adjusted in accordance with

12-15  the provisions of paragraph (b) of subsection 1 if the existing rate is

12-16  within one-quarter of 1 percent of the actuarially determined rate.

12-17     Sec. 18.  NRS 286.510 is hereby amended to read as follows:

12-18     286.510  1.  Except as otherwise provided in subsections 2 and

12-19  3, a member of the System is eligible to retire at age 65 if he has at

12-20  least 5 years of service, at age 60 if he has at least 10 years of

12-21  service and at any age if he has at least 30 years of service.

12-22     2.  A police officer or [fireman] firefighter is eligible to retire at

12-23  age 65 if he has at least 5 years of service, at age 55 if he has at least

12-24  10 years of service, at age 50 if he has at least 20 years of service

12-25  and at any age if he has at least 25 years of service. Only service

12-26  performed in a position as a police officer or [fireman,] firefighter,

12-27  established as such by statute or regulation, service performed

12-28  pursuant to subsection 3 and credit for military service, may be

12-29  counted toward eligibility for retirement pursuant to this subsection.

12-30     3.  Except as otherwise provided in subsection 4, a police

12-31  officer or [fireman] firefighter who has at least 5 years of service as

12-32  a police officer or [fireman] firefighter and is otherwise eligible to

12-33  apply for disability retirement pursuant to NRS 286.620 because of

12-34  an injury arising out of and in the course of his employment remains

12-35  eligible for retirement pursuant to subsection 2 if:

12-36     (a) He applies to the Board for disability retirement and the

12-37  Board approves his application;

12-38     (b) In lieu of a disability retirement allowance, he accepts

12-39  another position with the public employer with which he was

12-40  employed when he became disabled as soon as practicable but not

12-41  later than 90 days after the Board approves his application for

12-42  disability retirement;

12-43     (c) He remains continuously employed by that public employer

12-44  until he becomes eligible for retirement pursuant to subsection 2;

12-45  and

13-1      (d) After he accepts a position pursuant to paragraph (b), his

13-2  contributions are paid at the rate that is actuarially determined for

13-3  police officers and [firemen] firefighters until he becomes eligible

13-4  for retirement pursuant to subsection 2.

13-5      4.  If a police officer or [fireman] firefighter who accepted

13-6  another position with the public employer with which he was

13-7  employed when he became disabled pursuant to subsection 3 ceases

13-8  to work for that public employer before becoming eligible to retire

13-9  pursuant to subsection 2, he may begin to receive a disability

13-10  retirement allowance without further approval by the Board by

13-11  notifying the Board on a form prescribed by the Board.

13-12     5.  Eligibility for retirement, as provided in this section, does

13-13  not require the member to have been a participant in the System at

13-14  the beginning of his credited service.

13-15     6.  Any member who has the years of creditable service

13-16  necessary to retire but has not attained the required age, if any, may

13-17  retire at any age with a benefit actuarially reduced to the required

13-18  retirement age. Except as otherwise required as a result of NRS

13-19  286.537, a retirement benefit pursuant to this subsection must be

13-20  reduced by 4 percent of the unmodified benefit for each full year

13-21  that the member is under the appropriate retirement age, and an

13-22  additional 0.33 percent for each additional month that the member is

13-23  under the appropriate retirement age. Any option selected pursuant

13-24  to this subsection must be reduced by an amount proportionate to

13-25  the reduction provided in this subsection for the unmodified benefit.

13-26  The Board may adjust the actuarial reduction based upon an

13-27  experience study of the System and recommendation by the actuary.

13-28     Sec. 19.  NRS 286.520 is hereby amended to read as follows:

13-29     286.520  1.  Except as otherwise provided in this section and

13-30  NRS 286.523 and 286.525, the consequences of the employment of

13-31  a retired employee are:

13-32     (a) A retired employee who accepts employment or an

13-33  independent contract with a public employer under this System is

13-34  disqualified from receiving any allowances under this System for

13-35  the duration of that employment or contract if:

13-36         (1) He accepted the employment or contract within 90

13-37  calendar days after the effective date of his retirement; or

13-38         (2) He is employed in a position which is eligible to

13-39  participate in this System.

13-40     (b) If a retired employee accepts employment or an independent

13-41  contract with a public employer under this System more than 90

13-42  calendar days after the effective date of his retirement in a position

13-43  which is not eligible to participate in this System, his allowance

13-44  under this System terminates upon his earning an amount equal to

13-45  one-half of the average salary for participating public employees

14-1  who are not police officers or [firemen] firefighters in any fiscal

14-2  year, for the duration of that employment or contract.

14-3      (c) If a retired employee accepts employment with an employer

14-4  who is not a public employer under this System, the employee is

14-5  entitled to the same allowances as a retired employee who has no

14-6  employment.

14-7      2.  The retired employee and the public employer shall notify

14-8  the System:

14-9      (a) Within 10 days after the first day of an employment or

14-10  contract governed by paragraph (a)[;] of subsection 1.

14-11     (b) Within 30 days after the first day of an employment or

14-12  contract governed by paragraph (b) [; and] of subsection 1.

14-13     (c) Within 10 days after a retired employee earns more than one-

14-14  half of the average salary for participating public employees who

14-15  are not police officers or [firemen] firefighters in any fiscal year

14-16  from an employment or contract governed by paragraph (b) [,]of

14-17  subsection 1.

14-18     3.  For the purposes of this section, the average salary for

14-19  participating public employees who are not police officers or

14-20  [firemen] firefighters must be computed on the basis of the most

14-21  recent actuarial valuation of the System.

14-22     4.  If a retired employee who accepts employment or an

14-23  independent contract with a public employer under this System

14-24  pursuant to this section elects not to reenroll in the System pursuant

14-25  to subsection 1 of NRS 286.525, the public employer with which the

14-26  retired employee accepted employment or an independent contract

14-27  may pay contributions on behalf of the retired employee to a

14-28  retirement fund which is not a part of the System in an amount not

14-29  to exceed the amount of the contributions that the public employer

14-30  would pay to the System on behalf of a participating public

14-31  employee who is employed in a similar position.

14-32     5.  If a retired employee is chosen by election or appointment to

14-33  fill an elective public office, he is entitled to the same allowances as

14-34  a retired employee who has no employment, unless he is serving in

14-35  the same office in which he served and for which he received

14-36  service credit as a member. A public employer may pay

14-37  contributions on behalf of such a retired employee to a retirement

14-38  fund which is not a part of the System in an amount not to exceed

14-39  the amount of the contributions that the public employer would pay

14-40  to the System on behalf of a participating public employee who

14-41  serves in the same office.

14-42     6.  The System may waive for one period of 30 days or less a

14-43  retired employee’s disqualification under this section if the public

14-44  employer certifies in writing, in advance, that the retired employee

15-1  is recalled to meet an emergency and that no other qualified person

15-2  is immediately available.

15-3      7.  A person who accepts employment or an independent

15-4  contract with either house of the Legislature or by the Legislative

15-5  Counsel Bureau is exempt from the provisions of subsections 1 and

15-6  2 for the duration of that employment or contract.

15-7      Sec. 20.  NRS 286.523 is hereby amended to read as follows:

15-8      286.523  1.  The provisions of subsections 1 and 2 of NRS

15-9  286.520 do not apply to a retired employee who accepts

15-10  employment or an independent contract with a public employer

15-11  under the System if:

15-12     (a) He fills a position for which there is a critical labor shortage;

15-13  and

15-14     (b) At the time of his reemployment, he is receiving:

15-15         (1) [An unmodified benefit;] A benefit that is not actuarially

15-16  reduced pursuant to subsection 6 of NRS 286.510; or

15-17         (2) A benefit actuarially reduced pursuant to subsection 6 of

15-18  NRS 286.510 and has reached the required age at which he could

15-19  have retired with [an unmodified benefit.] a benefit that was not

15-20  actuarially reduced pursuant to subsection 6 of NRS 286.510.

15-21     2.  A retired employee who is reemployed under the

15-22  circumstances set forth in subsection 1 may reenroll in the system as

15-23  provided in NRS 286.525.

15-24     3.  Positions for which there are critical labor shortages must be

15-25  determined as follows:

15-26     (a) Except as otherwise provided in this subsection, the State

15-27  Board of Examiners shall designate positions in State Government

15-28  for which there are critical labor shortages.

15-29     (b) The Supreme Court shall designate positions in the Judicial

15-30  Branch of State Government for which there are critical labor

15-31  shortages.

15-32     (c) The Board of Regents shall designate positions in the

15-33  University and Community College System of Nevada for which

15-34  there are critical labor shortages.

15-35     (d) The Department of Education shall designate positions with

15-36  the various school districts for which there are critical labor

15-37  shortages.

15-38     (e) The governing body of a local government shall designate

15-39  positions with the local government for which there are critical labor

15-40  shortages.

15-41     (f) The Board shall designate positions within the System for

15-42  which there are critical labor shortages.

15-43     4.  In determining whether a position is a position for which

15-44  there is a critical labor shortage, the designating authority shall give

15-45  consideration to:

16-1      (a) The history of the rate of turnover for the position;

16-2      (b) The number of openings for the position and the number of

16-3  qualified candidates for those openings;

16-4      (c) The length of time the position has been vacant; and

16-5      (d) The success of recruiting persons in other states to fill the

16-6  position.

16-7      5.  A designating authority shall not designate a position

16-8  pursuant to subsection 3 as a position for which there is a critical

16-9  labor shortage for a period longer than 2 years. To be

16-10  redesignated as such a position, the designating authority must

16-11  consider whether the position continues to meet the criteria set

16-12  forth in subsection 4.

16-13     Sec. 21.  NRS 286.525 is hereby amended to read as follows:

16-14     286.525  1.  A retired employee who accepts employment in a

16-15  position [whose occupant is thereby] eligible for membership may

16-16  enroll in the System as of the effective date of that employment.

16-17  [As] Except as otherwise provided in NRS 286.523, as of the date

16-18  of enrollment:

16-19     (a) He forfeits all retirement allowances for the duration of that

16-20  employment.

16-21     (b) He is entitled to receive, after the termination of the

16-22  employment and upon written request, a refund of all contributions

16-23  made by him during the employment. Except as otherwise required

16-24  as a result of NRS 286.535 or 286.537, if he does not request the

16-25  refund and the duration of the employment was at least 6 months, he

16-26  gains additional service credit for that employment and is entitled to

16-27  have a separate service retirement allowance calculated based on his

16-28  compensation and service, effective upon the termination of that

16-29  employment. If the duration of the employment was:

16-30         (1) Less than 5 years, the additional allowance must be added

16-31  to his original allowance and must be under the same option and

16-32  designate the same beneficiary as the original allowance.

16-33         (2) Five years or more, the additional allowance may be

16-34  under any option and designate any beneficiary in accordance with

16-35  NRS 286.545.

16-36     2.  The original service retirement allowance of such a retired

16-37  employee must not be recalculated based upon the additional service

16-38  credit, nor is he entitled to any of the rights of membership that were

16-39  not in effect at the time of his original retirement. The accrual of

16-40  service credit pursuant to this section is subject to the limits

16-41  imposed by:

16-42     (a) NRS 286.551; and

16-43     (b) Section 415 of the Internal Revenue Code, 26 U.S.C. § 415,

16-44  if the member’s effective date of membership is on or after

16-45  January 1, 1990.

17-1      3.  Except as otherwise required as a result of NRS 286.470,

17-2  286.535 or 286.537, a retired employee who has been receiving a

17-3  retirement allowance and who is reemployed and is enrolled in the

17-4  system for at least 5 years may have his additional credit for service

17-5  added to his previous credit for service. This additional credit for

17-6  service must not apply to more than one period of employment after

17-7  the original retirement.

17-8      4.  The survivor of a deceased member who had previously

17-9  retired and was rehired and enrolled in the System, who qualifies for

17-10  benefits pursuant to NRS 286.671 to 286.6793, inclusive, is eligible

17-11  for the benefits based on the service accrued through the second

17-12  period of employment.

17-13     Sec. 22.  NRS 286.575 is hereby amended to read as follows:

17-14     286.575  1.  Except as otherwise required as a result of NRS

17-15  286.537, a postretirement allowance must be paid from the Public

17-16  Employees’ Retirement Fund or the Police and [Firemen’s]

17-17  Firefighters’ Retirement Fund to each member receiving a

17-18  disability allowance or service retirement allowance from that Fund

17-19  under the provisions of this chapter in the amount and manner

17-20  provided and from time to time adjusted by law. Each member

17-21  whose allowance was increased after his retirement by payments for

17-22  years of service in excess of 20 years is entitled to receive an

17-23  increase based upon his adjusted allowance.

17-24     2.  Postretirement allowances must be considered a part of a

17-25  retired employee’s monthly benefit and included in the allowance

17-26  paid to a beneficiary under one of the optional plans provided in

17-27  NRS 286.590.

17-28     Sec. 23.  NRS 286.665 is hereby amended to read as follows:

17-29     286.665  1.  Any contributions remaining in a member’s,

17-30  retired employee’s or beneficiary’s individual account [shall] must

17-31  be transferred to the Public Employees’ Retirement Fund or the

17-32  Police and [Firemen’s] Firefighters’ Retirement Fund upon the

17-33  death of the member, retired employee or beneficiary if there is no

17-34  heir, devisee or legatee capable of receiving the money.

17-35     2.  If, within 6 years after any transfer under subsection 1, any

17-36  person appears and claims any money which was transferred to a

17-37  retirement fund, the claimant may file a petition in the district court

17-38  for Carson City stating the nature of his claim, with an appropriate

17-39  prayer for the relief demanded. A copy of the petition [shall] must

17-40  be served upon the Attorney General before or at the time of filing

17-41  it. Within 20 days after service, the Attorney General shall appear in

17-42  the proceeding and respond to the petition. If, after examining all the

17-43  facts, the Attorney General is convinced that the System has no

17-44  legal defense against the petition, he may, with the consent of the

17-45  court, confess judgment on behalf of the System.

18-1      3.  If judgment is not confessed, the petition [shall] must be

18-2  considered at issue on the 20th day after its filing, and may be heard

18-3  by the court on that day, or at such future day as the court may

18-4  order. Upon the hearing, the court shall examine into the claim and

18-5  hear the allegations and proofs. If the court finds that the claimant is

18-6  entitled to any money transferred under subsection 1 to a retirement

18-7  fund, it shall order the Public Employees’ Retirement Board to pay

18-8  such money forthwith to the claimant, but without interest or cost to

18-9  the Board.

18-10     4.  All persons, except minors and persons of unsound mind,

18-11  who fail to appear and file their petitions within the time limited in

18-12  subsection 2 are forever barred. Minors and persons of unsound

18-13  mind may appear and file their petitions at any time within 5 years

18-14  after their respective disabilities are removed.

18-15     Sec. 24.  NRS 286.667 is hereby amended to read as follows:

18-16     286.667  1.  A retired employee whose service or disability

18-17  retirement allowance is payable from the Police and [Firemen’s]

18-18  Firefighters’ Retirement Fund is entitled to receive his allowance

18-19  without modification.

18-20     2.  Upon the death of such a person, a person who was his

18-21  spouse at the time of his retirement is entitled, upon attaining the

18-22  age of 50 years, to receive a benefit equal to 50 percent of the

18-23  allowance to which the retired employee was entitled.

18-24     3.  This section does not apply to a person who:

18-25     (a) Begins receiving a service or disability retirement allowance

18-26  or a benefit from the Police and [Firemen’s] Firefighters’

18-27  Retirement Fund before July 1, 1981.

18-28     (b) At the time of his retirement, elects one of the alternatives to

18-29  an unmodified retirement allowance.

18-30     4.  Service performed after July 1, 1981, in positions other than

18-31  as a police officer or [fireman,] firefighter, except military service,

18-32  may not be credited toward the benefit conferred by this section. A

18-33  police officer or [fireman] firefighter who has performed service

18-34  which is not creditable toward this benefit may elect to:

18-35     (a) Select a retirement option other than one permitted by this

18-36  section;

18-37     (b) Receive the benefit conferred by this section with a spouse’s

18-38  benefit reduced by a proportion equal to that which the service

18-39  which is not creditable bears to his total service; or

18-40     (c) Purchase the additional spouse’s benefit at the time he retires

18-41  by paying the full actuarial cost as computed for his situation by the

18-42  actuary of the System.

18-43     5.  The entire cost of the benefit conferred by this section must

18-44  be paid by the employee. Each employer must adjust the salaries of

18-45  its employees who are eligible for the benefit to offset its cost to the

19-1  employer. Employers who adjust salaries pursuant to this subsection

19-2  do not by doing so violate any collective bargaining agreement or

19-3  other contract.

19-4      Sec. 25.  NRS 286.6705 is hereby amended to read as follows:

19-5      286.6705  1.  Any check for benefits or a refund which has not

19-6  been paid within 5 years after being transferred to the account for

19-7  unclaimed benefits or refunds must be transferred to the Public

19-8  Employees’ Retirement Fund or Police and [Fireman’s]

19-9  Firefighters’ Retirement Fund, whichever is appropriate.

19-10     2.  If, within 6 years after a check for benefits or a refund has

19-11  been transferred pursuant to subsection 1, any person appears and

19-12  claims the money, the claimant may file a petition in the district

19-13  court for Carson City stating the nature of his claim, with an

19-14  appropriate prayer for the relief demanded. A copy of the petition

19-15  must be served upon the Attorney General before or at the time it is

19-16  filed. Within 20 days after service, the Attorney General shall

19-17  appear in the proceeding and respond to the petition. If, after

19-18  examining all the facts, the Attorney General is convinced that the

19-19  System has no legal defense against the petition, he may, with the

19-20  consent of the court, confess judgment on behalf of the System.

19-21     3.  If judgment is not confessed, the petition must be considered

19-22  at issue on the 20th day after its filing, and may be heard by the

19-23  court on that day, or at such future day as the court may order. Upon

19-24  the hearing, the court shall examine into the claim and hear the

19-25  allegations and proofs. If the court finds that the claimant is entitled

19-26  to any money transferred pursuant to subsection 1 to a retirement

19-27  fund, it shall order the [Public Employees’ Retirement] Board to pay

19-28  the money forthwith to the claimant, but without interest or cost to

19-29  the Board.

19-30     4.  All persons, except minors and persons of unsound mind,

19-31  who fail to appear and file their petitions within the time limited in

19-32  subsection 1 are forever barred. Minors and persons of unsound

19-33  mind may appear and file their petitions at any time within 5 years

19-34  after their respective disabilities are removed.

19-35     Sec. 26.  NRS 286.6766 is hereby amended to read as follows:

19-36     286.6766  Any spouse eligible for payments under the

19-37  provisions of NRS 286.674 or 286.676 may elect to waive payment

19-38  of a monthly allowance and to receive instead in a lumpsum a

19-39  refund of all contributions to the Public Employees’ Retirement

19-40  Fund or the Police and [Fireman’s] Firefighters’ Retirement Fund

19-41  made by a deceased member plus any contributions made by a

19-42  public employer in lieu of the employee’s contributions, but if more

19-43  than one person is eligible for benefits on account of the

19-44  contributions of any one deceased member, no such lump-sum

19-45  payment may be made.

20-1      Sec. 27.  NRS 286.6767 is hereby amended to read as follows:

20-2      286.6767  [An unmarried]

20-3      1.  A member may designate, in writing, a survivor beneficiary

20-4  and one or more additional payees to receive the payments

20-5  provided pursuant to NRS 286.67675, 286.6768 or 286.67685 if the

20-6  member is unmarried on the date of his death.

20-7      2.  A designation pursuant to [this section] subsection 1 must

20-8  be made on a form approved by the Executive Officer. If a member

20-9  has designated one or more payees in addition to the survivor

20-10  beneficiary, the member must designate the percentage of the

20-11  payments that the survivor beneficiary and each additional payee

20-12  is entitled to receive.

20-13     Sec. 28.  NRS 286.67675 is hereby amended to read as

20-14  follows:

20-15     286.67675  1.  [The] Except as otherwise provided in this

20-16  subsection, the survivor beneficiary of a deceased member is

20-17  entitled to receive a cumulative benefit of at least $450 per month. If

20-18  a member has designated one or more payees in addition to the

20-19  survivor beneficiary pursuant to NRS 286.6767, the cumulative

20-20  benefit paid pursuant to this subsection must be divided between

20-21  the survivor beneficiary and any additional payee in the

20-22  proportion designated by the member pursuant to NRS 286.6767.

20-23  The payments must begin on the first day of the month immediately

20-24  following the death of the member and must cease on the last day of

20-25  the month in which the survivor beneficiary dies. [If]

20-26     2.  Except as otherwise provided in this subsection, if

20-27  payments made pursuant to subsection 1 cease before the total

20-28  amount of contributions made by the deceased member have been

20-29  received by the survivor beneficiary, the surplus of contributions

20-30  over payments received must be paid to the survivor beneficiary.

20-31     [2.] If the member had designated one or more payees in

20-32  addition to the survivor beneficiary pursuant to NRS 286.6767, the

20-33  surplus of contributions over payments received must be divided

20-34  between the survivor beneficiary and any additional payee in the

20-35  proportion designated by the member pursuant to NRS 286.6767.

20-36     3. The benefits paid pursuant to this section are in addition to

20-37  any benefits paid pursuant to NRS 286.673.

20-38     [3.] 4. As used in this section, “survivor beneficiary” means a

20-39  person designated pursuant to NRS 286.6767.

20-40     Sec. 29.  NRS 286.6768 is hereby amended to read as follows:

20-41     286.6768  1.  Except as otherwise provided in subsection 2

20-42  and as limited by subsection [3,] 4, the survivor beneficiary of a

20-43  deceased member who had 10 or more years of accredited

20-44  contributing service is entitled to receive a monthly allowance

20-45  equivalent to that provided by:

21-1      (a) Option 3 in NRS 286.590, if the deceased member had less

21-2  than 15 years of service on the date of his death; or

21-3      (b) Option 2 in NRS 286.590, if the deceased member had 15 or

21-4  more years of service on the date of his death.

21-5  To apply the provisions of Options 2 and 3, the deceased member

21-6  shall be deemed to have retired on the date of his death immediately

21-7  after having named the survivor beneficiary as beneficiary pursuant

21-8  to the applicable option. This benefit must be computed without any

21-9  reduction for age for the deceased member. The benefits provided

21-10  by this subsection must be paid to the survivor beneficiary for the

21-11  remainder of the life of the survivor beneficiary.

21-12     2.  If the member had designated one or more payees in

21-13  addition to the survivor beneficiary pursuant to NRS 286.6767, the

21-14  monthly allowance to which a survivor beneficiary is entitled

21-15  pursuant to subsection 1 must be divided between the survivor

21-16  beneficiary and any additional payee in the proportion designated

21-17  by the member pursuant to NRS 286.6767.

21-18     3.  The survivor beneficiary may elect to receive the benefits

21-19  provided by any one of the following only:

21-20     (a) This section;

21-21     (b) NRS 286.67675; or

21-22     (c) NRS 286.6769.

21-23     [3.] 4. The benefits provided by paragraph (a) of subsection 1

21-24  may only be paid to the survivor beneficiary and, if applicable, any

21-25  additional payee of a member who died on or after January 1, 2002.

21-26     [4.] 5. As used in this section, “survivor beneficiary” means a

21-27  person designated pursuant to NRS 286.6767.

21-28     Sec. 30.  NRS 286.67685 is hereby amended to read as

21-29  follows:

21-30     286.67685  1.  Except as otherwise provided in subsection 2

21-31  and as limited by subsection [2,] 3, the survivor beneficiary of a

21-32  deceased member who was fully eligible to retire, both as to service

21-33  and age, is entitled to receive a monthly allowance equivalent to that

21-34  provided by Option 2 in NRS 286.590. This section does not apply

21-35  to the survivor beneficiary of a member who was eligible to retire

21-36  only pursuant to subsection 6 of NRS 286.510. For the purposes of

21-37  applying the provisions of Option 2, the deceased member shall be

21-38  deemed to have retired on the date of his death immediately after

21-39  having named the survivor beneficiary as beneficiary pursuant to

21-40  Option 2. The benefits provided by this section must be paid to the

21-41  survivor beneficiary for the remainder of the life of the survivor

21-42  beneficiary. The survivor beneficiary may elect to receive the

21-43  benefits provided by any one of the following only:

21-44     (a) This section;

21-45     (b) NRS 286.67675;

22-1      (c) NRS 286.6768; or

22-2      (d) NRS 286.6769.

22-3      2.  If the member had designated one or more payees in

22-4  addition to the survivor beneficiary pursuant to NRS 286.6767, the

22-5  monthly allowance to which a survivor beneficiary is entitled

22-6  pursuant to subsection 1 must be divided between the survivor

22-7  beneficiary and any additional payee in the proportion designated

22-8  by the member pursuant to NRS 286.6767.

22-9      3.  The benefits provided by this section may only be paid to

22-10  the survivor beneficiary and, if applicable, any additional payee of

22-11  a member who died on or after January 1, 2002.

22-12     [3.] 4. As used in this section, “survivor beneficiary” means a

22-13  person designated pursuant to NRS 286.6767.

22-14     Sec. 31.  NRS 286.6769 is hereby amended to read as follows:

22-15     286.6769  1.  [Any] Except as otherwise provided in

22-16  subsection 2, any survivor beneficiary eligible for payments

22-17  pursuant to the provisions of NRS 286.67675 or 286.6768 may elect

22-18  to waive payment of a monthly allowance and to receive instead in a

22-19  lump sum a refund of all contributions to the Public Employees’

22-20  Retirement Fund or the Police and [Fireman’s] Firefighters’

22-21  Retirement Fund made by a deceased member plus any

22-22  contributions made by a public employer in lieu of the employee’s

22-23  contributions, but if more than one person is eligible for benefits on

22-24  account of the contributions of any one deceased member, no such

22-25  lump-sum payment may be made.

22-26     2.  If the member had designated one or more payees in

22-27  addition to the survivor beneficiary pursuant to NRS 286.6767, the

22-28  lump sum to which a survivor beneficiary is entitled pursuant to

22-29  subsection 1 must be divided between the survivor beneficiary and

22-30  any additional payee in the proportion designated by the member

22-31  pursuant to NRS 286.6767.

22-32     3.  As used in this section, “survivor beneficiary” means a

22-33  person designated pursuant to NRS 286.6767.

22-34     Sec. 32.  NRS 286.680 is hereby amended to read as follows:

22-35     286.680  1.  In addition to the provisions of chapter 355 of

22-36  NRS, the Board may invest and reinvest the money in its funds as

22-37  provided in this section and NRS 286.682 and may employ

22-38  investment counsel for that purpose. The Board may also employ

22-39  investment supervisory services, trust audit services and other

22-40  related investment services which it deems necessary to invest

22-41  effectively and safeguard the money in the System’s funds.

22-42     2.  No person engaged in business as a broker or dealer in

22-43  securities or who has a direct pecuniary interest in any such business

22-44  who receives commissions for transactions performed as agent for

23-1  the board is eligible for employment as investment counsel for the

23-2  Board.

23-3      3.  The Board shall not engage investment counsel unless:

23-4      (a) The principal business of the person selected by the Board

23-5  consists of giving continuous advice as to the investment of money

23-6  on the basis of the individual needs of each client;

23-7      (b) The person and his predecessors have been continuously

23-8  engaged in such a business for a period of 5 or more years;

23-9      (c) The person is registered as an investment adviser under the

23-10  laws of the United States as from time to time in effect, or is a bank

23-11  or an investment management subsidiary of a bank; and

23-12     (d) The contract between the Board and the investment counsel

23-13  is of no specific duration and is voidable at any time by either party.

23-14     4.  The Board and its individual members are not liable for

23-15  investment decisions made by investment counsel if they obtain

23-16  qualified investment counsel, establish proper objectives and

23-17  policies for investments, and issue appropriate interim directives.

23-18  Investment counsel is liable for any investment decision that is not

23-19  made in accordance with the objectives and policies established by

23-20  the Board and any applicable interim directives.

23-21     5.  The expenses incurred in obtaining and reviewing services

23-22  pursuant to the provisions of this section and the reimbursements to

23-23  employees for their expenses incurred in connection with

23-24  investment decisions must be paid out of the Public Employees’

23-25  Retirement Fund and the Police and [Fireman’s] Firefighters’

23-26  Retirement Fund in proportion to their respective assets.

23-27     6.  The Board shall tender invitations to banks and credit unions

23-28  for commercial banking and trust services, consider proposals

23-29  submitted by interested banks and credit unions, and consider

23-30  contracts for commercial banking and trust services at least every 5

23-31  years.

23-32     Sec. 33.  NRS 1A.180 is hereby amended to read as follows:

23-33     1A.180  1.  Beginning July 1, 2003, the Court Administrator

23-34  shall submit to the System for deposit in the Judicial Retirement

23-35  Fund on behalf of each member of the System the percentage of

23-36  compensation of the member that is determined by the actuary of the

23-37  System to be required to pay the normal cost incurred in making

23-38  payments pursuant to subsection 5 of NRS 1A.160 and any

23-39  administrative expenses of the System. Such payments must be:

23-40     (a) Accompanied by payroll reports that include information

23-41  deemed necessary by the Board to carry out its duties; and

23-42     (b) Received by the System not later than 15 days after the

23-43  calendar month for which the compensation and service credits of

23-44  members of the System are reported and certified by the Court

24-1  Administrator. The compensation must be reported separately for

24-2  each month that it is paid.

24-3      2.  Beginning July 1, 2003, the [Court Administrator] State of

24-4  Nevada shall pay to the System for deposit in the Judicial

24-5  Retirement Fund from any fund created for the purpose of paying

24-6  pension benefits to justices of the Supreme Court or district judges

24-7  an amount as the contribution of the State of Nevada as employer

24-8  which is actuarially determined to be sufficient to provide the

24-9  System with enough money to pay all benefits for which the System

24-10  will be liable.

24-11     3.  Except as otherwise provided in this subsection, the total

24-12  contribution rate that is actuarially determined for members of the

24-13  Judicial Retirement Plan must be adjusted on the first monthly

24-14  retirement reporting period commencing on or after July 1 of each

24-15  odd-numbered year based on the actuarially determined

24-16  contribution rate indicated in the biennial actuarial valuation and

24-17  report. The adjusted rate must be rounded to the nearest one-

24-18  quarter of 1 percent. The total contribution rate must not be

24-19  adjusted pursuant to this subsection if the existing rate is within

24-20  one-half of 1 percent of the actuarially determined rate.

24-21     Sec. 33.5.  NRS 1A.270 is hereby amended to read as follows:

24-22     1A.270 1.  Each justice of the Supreme Court or district judge

24-23  who is elected or appointed as a justice of the Supreme Court or a

24-24  district judge on or after November 5, 2002, who takes office on or

24-25  after January 1, 2003, and who previously has not served as either a

24-26  justice of the Supreme Court or a district judge must receive benefits

24-27  for retirement, benefits for disability and survivor benefits under the

24-28  Judicial Retirement Plan, if eligible to receive such benefits under

24-29  the Judicial Retirement Plan, unless he is a member of the Public

24-30  Employees’ Retirement System and elects to remain a member

24-31  pursuant to NRS 1A.280 if eligible to do so.

24-32     2.  Each justice of the Supreme Court or district judge who is

24-33  elected or appointed as a justice of the Supreme Court or district

24-34  judge on or after November 5, 2002, and who previously has served

24-35  as either a justice of the Supreme Court or a district judge and each

24-36  justice of the Supreme Court or district judge who is serving as a

24-37  justice of the Supreme Court or district judge on November 5,

24-38  2002, must receive benefits for retirement, benefits for disability and

24-39  survivor benefits pursuant to either:

24-40     (a) NRS 2.060 to 2.083, inclusive, or 3.090 to 3.099, inclusive,

24-41  as those sections existed on November 5, 2002, if eligible to receive

24-42  such benefits under such provisions; or

24-43     (b) The Judicial Retirement Plan, if eligible to receive such

24-44  benefits under the Judicial Retirement Plan,

25-1  whichever is most beneficial to the justice or judge or his survivor,

25-2  as determined by the justice or judge at the time of his retirement or

25-3  the time at which he becomes disabled, or as determined by his

25-4  survivor at the time of his death, unless he is a member of the Public

25-5  Employees’ Retirement System and elects to remain a member

25-6  pursuant to NRS 1A.280 if eligible to do so. A survivor may not

25-7  change a determination that affects the survivor and which was

25-8  made by a justice or judge pursuant to this section while the justice

25-9  or judge was alive.

25-10     3.  A determination made pursuant to subsection 2 is final

25-11  and if a justice or judge or his survivor determines pursuant to

25-12  subsection 2:

25-13     (a) To receive benefits pursuant to the Judicial Retirement Plan,

25-14  the justice, judge or survivor may not receive benefits pursuant to

25-15  NRS 2.060 to 2.083, inclusive, or pursuant to NRS 3.090 to 3.099,

25-16  inclusive; or

25-17     (b) To receive benefits pursuant to NRS 2.060 to 2.083,

25-18  inclusive, or pursuant to NRS 3.090 to 3.099, inclusive, the justice,

25-19  judge or survivor may not receive benefits pursuant to the Judicial

25-20  Retirement Plan.

25-21     4.  No justice of the Supreme Court or district judge or survivor

25-22  of a justice of the Supreme Court or district judge may receive

25-23  benefits under both this chapter and:

25-24     (a) NRS 2.060 to 2.083, inclusive; or

25-25     (b) NRS 3.090 to 3.099, inclusive.

25-26     5.  A justice of the Supreme Court or district judge or a survivor

25-27  of a justice of the Supreme Court or district judge who is receiving

25-28  retirement allowances pursuant to NRS 2.060 to 2.083, inclusive, or

25-29  pursuant to NRS 3.090 to 3.099, inclusive, on January 1, 2003, is

25-30  not eligible for transfer to the Judicial Retirement Plan.

25-31     Sec. 34.  NRS 1A.310 is hereby amended to read as follows:

25-32     1A.310  Except as otherwise required as a result of

25-33  NRS 1A.410:

25-34     1.  A member of the Judicial Retirement Plan who has 5 years

25-35  of creditable service may, except as otherwise provided in

25-36  subsection 2, purchase up to 5 years of service. The member must

25-37  pay the full actuarial cost of the service as determined by an actuary

25-38  of the System.

25-39     2.  A justice or judge may purchase creditable service pursuant

25-40  to subsection 1 only if, at the time of the purchase, he is employed

25-41  in a position [whose occupant is] eligible for membership in the

25-42  Judicial Retirement Plan.

25-43     3.  A member of the Judicial Retirement Plan may use:

26-1      (a) All or any portion of the balance of his interest in a qualified

26-2  trust pursuant to section 401(a) of the Internal Revenue Code, 26

26-3  U.S.C. § 401(a); or

26-4      (b) The money contained in an individual retirement account or

26-5  in an individual retirement annuity of a member, the entire amount

26-6  of which is:

26-7          (1) Attributable to a qualified distribution from a qualified

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

26-9  U.S.C. § 401(a); and

26-10         (2) Qualified as an eligible rollover distribution pursuant to

26-11  section 402 of the Internal Revenue Code, 26 U.S.C. § 402,

26-12  to purchase creditable service pursuant to subsection 1.

26-13     4.  If a member of the Judicial Retirement Plan enters into an

26-14  agreement whereby he agrees to pay for the purchase of service

26-15  credit in installments and he defaults on that agreement, the member

26-16  is entitled to receive service credit in the proportion that the

26-17  principal paid bears to the principal due under the agreement.

26-18     Sec. 35.  NRS 1A.370 is hereby amended to read as follows:

26-19     1A.370  1.  A retired justice or judge who accepts employment

26-20  as a justice of the Supreme Court or district judge in any judicial

26-21  capacity, including, without limitation, employment as a senior

26-22  justice or senior judge of the Nevada court system, may enroll in the

26-23  Judicial Retirement Plan as of the effective date of that employment.

26-24  [As] Except as otherwise provided in NRS 1A.380, as of the date of

26-25  enrollment:

26-26     (a) He forfeits all retirement allowances for the duration of that

26-27  employment; and

26-28     (b) Except as otherwise required as a result of NRS 1A.400 or

26-29  1A.410, if the duration of the employment is at least 6 months, he

26-30  gains additional service credit for that employment and is entitled to

26-31  have a separate service retirement allowance calculated based on his

26-32  compensation and service, effective upon the termination of that

26-33  employment. If the duration of the employment is:

26-34         (1) Less than 5 years, the additional allowance must be added

26-35  to his original allowance and must be under the same option and

26-36  designated the same beneficiary as the original allowance; or

26-37         (2) Five years or more, the additional allowance may be

26-38  under any option and designate any beneficiary in accordance with

26-39  NRS 1A.430.

26-40     2.  The original service retirement allowance of such a retired

26-41  justice or judge must not be recalculated based upon the additional

26-42  service credit, nor is he entitled to any of the rights of membership

26-43  that were not in effect at the time of his original retirement. The

26-44  accrual of service credit pursuant to this section is subject to the

26-45  limits imposed by:

27-1      (a) NRS 1A.440; and

27-2      (b) Section 415 of the Internal Revenue Code, 26 U.S.C. § 415.

27-3      3.  Except as otherwise required as a result of NRS 1A.400 or

27-4  1A.410, a retired justice or judge who has been receiving a

27-5  retirement allowance pursuant to the Judicial Retirement Plan and

27-6  who is reemployed and is enrolled in the Plan for at least 5 years

27-7  may have his additional credit for service added to his previous

27-8  credit for service. This additional credit for service must not apply

27-9  to more than one period of employment after the original retirement.

27-10     4.  The survivor of a deceased member of the Judicial

27-11  Retirement Plan who had previously retired and was reemployed

27-12  and enrolled in the Plan, who qualifies for benefits pursuant to NRS

27-13  1A.340 and 1A.530 to 1A.670, inclusive, is eligible for the benefits

27-14  based on the service accrued through the second period of

27-15  employment.

27-16     Sec. 36.  NRS 1A.380 is hereby amended to read as follows:

27-17     1A.380  1.  The provisions of subsection 1 of NRS 1A.360 do

27-18  not apply to a retired justice or judge who accepts employment as a

27-19  justice of the Supreme Court or district judge in a judicial capacity

27-20  if:

27-21     (a) He fills a position for which there is a critical labor shortage;

27-22  and

27-23     (b) At the time of his reemployment, he is receiving:

27-24         (1) [An unmodified benefit;] A benefit that is not actuarially

27-25  reduced pursuant to subsection 2 of NRS 1A.350; or

27-26         (2) A benefit actuarially reduced pursuant to subsection 2 of

27-27  NRS 1A.350 and has reached the required age at which he could

27-28  have retired with [an unmodified benefit.] a benefit that was not

27-29  actuarially reduced pursuant to subsection 2 of NRS 1A.350.

27-30     2.  A retired justice or judge who is reemployed under the

27-31  circumstances set forth in subsection 1 may reenroll in the Judicial

27-32  Retirement Plan as provided in NRS 1A.370.

27-33     3.  The Supreme Court shall designate positions in the Judicial

27-34  Branch of State Government for which there are critical labor

27-35  shortages. The Supreme Court shall not designate a position

27-36  pursuant to this subsection as a position for which there is a

27-37  critical labor shortage for a period longer than 2 years. To be

27-38  redesignated as such a position, the Supreme Court must consider

27-39  whether a critical labor shortage continues to exist for the

27-40  position.

27-41     Sec. 37.  NRS 1A.440 is hereby amended to read as follows:

27-42     1A.440  Except as otherwise required as a result of NRS

27-43  1A.400 or 1A.410:

27-44     1.  Except as otherwise provided in this subsection, a monthly

27-45  service retirement allowance must be determined by multiplying a

28-1  member of the Judicial Retirement Plan’s average compensation by

28-2  3.4091 percent for each year of service, except that a member of the

28-3  Plan is entitled to a benefit of not more than 75 percent of his

28-4  average compensation . [with his eligibility for service credit

28-5  ceasing at 22 years of service.]

28-6      2.  For the purposes of this section, “average compensation”

28-7  means the average of a member of the Plan’s 36 consecutive months

28-8  of highest compensation as certified by the Court Administrator.

28-9      Sec. 38.  NRS 1A.620 is hereby amended to read as follows:

28-10     1A.620  [An unmarried]

28-11     1.  A member of the Judicial Retirement Plan may designate, in

28-12  writing, a survivor beneficiary and one or more additional payees

28-13  to receive the payments provided pursuant to NRS 1A.630, 1A.640

28-14  or 1A.650 if the member is unmarried on the date of his death.

28-15     2.  A designation pursuant to [this section] subsection 1 must

28-16  be made on a form approved by the Executive Officer of the Board.

28-17  If a member has designated one or more payees in addition to the

28-18  survivor beneficiary, the member must designate the percentage of

28-19  the payments that the survivor beneficiary and each additional

28-20  payee is entitled to receive.

28-21     Sec. 39.  NRS 1A.630 is hereby amended to read as follows:

28-22     1A.630  1.  [The] Except as otherwise provided in this

28-23  subsection, the survivor beneficiary of a deceased member of the

28-24  Judicial Retirement Plan is entitled to receive a cumulative benefit

28-25  of at least $450 per month. If a member has designated one or

28-26  more payees in addition to the survivor beneficiary pursuant to

28-27  NRS 1A.620, the cumulative benefit paid pursuant to this

28-28  subsection must be divided between the survivor beneficiary and

28-29  any additional payee in the proportion designated by the member

28-30  pursuant to NRS 1A.620. The payments must begin on the first day

28-31  of the month immediately following the death of the member and

28-32  must cease on the last day of the month in which the survivor

28-33  beneficiary dies.

28-34     2.  The benefits paid pursuant to this section are in addition to

28-35  any benefits paid pursuant to NRS 1A.580.

28-36     3.  As used in this section, “survivor beneficiary” means a

28-37  person designated pursuant to NRS 1A.620.

28-38     Sec. 40.  NRS 1A.640 is hereby amended to read as follows:

28-39     1A.640  1.  [The] Except as otherwise provided in subsection

28-40  2, the survivor beneficiary of a deceased member of the Judicial

28-41  Retirement Plan who had 10 or more years of creditable service is

28-42  entitled to receive a monthly allowance equivalent to that provided

28-43  by:

28-44     (a) Option 3 in NRS 1A.450, if the deceased member had less

28-45  than 15 years of service on the date of his death; or

29-1      (b) Option 2 in NRS 1A.450, if the deceased member had 15 or

29-2  more years of service on the date of his death.

29-3  To apply the provisions of Options 2 and 3, the deceased member

29-4  shall be deemed to have retired on the date of his death immediately

29-5  after having named the survivor beneficiary as beneficiary pursuant

29-6  to the applicable option. This benefit must be computed without any

29-7  reduction for age for the deceased member. The benefits provided

29-8  by this subsection must be paid to the survivor beneficiary for the

29-9  remainder of the life of the survivor beneficiary.

29-10     2.  If the member had designated one or more payees in

29-11  addition to the survivor beneficiary pursuant to NRS 1A.620, the

29-12  monthly allowance to which a survivor beneficiary is entitled

29-13  pursuant to subsection 1 must be divided between the survivor

29-14  beneficiary and any additional payee in the proportion designated

29-15  by the member pursuant to NRS 1A.620.

29-16     3.  The survivor beneficiary may elect to receive the benefits

29-17  provided by any one of the following only:

29-18     (a) This section; or

29-19     (b) NRS 1A.630.

29-20     [3.] 4. As used in this section, “survivor beneficiary” means a

29-21  person designated pursuant to NRS 1A.620.

29-22     Sec. 41.  NRS 1A.650 is hereby amended to read as follows:

29-23     1A.650  1.  [The] Except as otherwise provided in subsection

29-24  2, the survivor beneficiary of a deceased member of the Judicial

29-25  Retirement Plan who was fully eligible to retire, both as to service

29-26  and age, is entitled to receive a monthly allowance equivalent to that

29-27  provided by Option 2 in NRS 1A.450. This section does not apply to

29-28  the survivor beneficiary of a member who was eligible to retire only

29-29  pursuant to subsection 2 of NRS 1A.350. For the purposes of

29-30  applying the provisions of Option 2, the deceased member shall be

29-31  deemed to have retired on the date of his death immediately after

29-32  having named the survivor beneficiary as beneficiary pursuant to

29-33  Option 2. The benefits provided by this section must be paid to the

29-34  survivor beneficiary for the remainder of the life of the survivor

29-35  beneficiary. The survivor beneficiary may elect to receive the

29-36  benefits provided by any one of the following only:

29-37     (a) This section;

29-38     (b) NRS 1A.630; or

29-39     (c) NRS 1A.640.

29-40     2.  If the member had designated one or more payees in

29-41  addition to the survivor beneficiary pursuant to NRS 1A.620, the

29-42  monthly allowance to which a survivor beneficiary is entitled

29-43  pursuant to subsection 1 must be divided between the survivor

29-44  beneficiary and any additional payee in the proportion designated

29-45  by the member pursuant to NRS 1A.620.

30-1      3.  As used in this section, “survivor beneficiary” means a

30-2  person designated pursuant to NRS 1A.620.

30-3      Sec. 42.  NRS 2.079 is hereby amended to read as follows:

30-4      2.079  1.  [An unmarried] A justice of the Supreme Court may

30-5  designate, in writing, a survivor beneficiary and one or more

30-6  additional payees to receive the payments provided pursuant to this

30-7  section if the justice is unmarried on the date of his death. A

30-8  designation pursuant to this section must be made on a form

30-9  approved by the Court Administrator. If the justice has designated

30-10  one or more payees in addition to the survivor beneficiary, the

30-11  justice must designate the percentage of the payments that the

30-12  survivor beneficiary and each additional payee is entitled to

30-13  receive.

30-14     2.  [If] Except as otherwise provided in this subsection, if a

30-15  justice of the Supreme Court at the time of his death had retired and

30-16  was then receiving a pension pursuant to the provisions of NRS

30-17  2.060, or if at the time of his death the justice had not retired but had

30-18  performed sufficient service for retirement pursuant to the

30-19  provisions of NRS 2.060, the survivor beneficiary designated

30-20  pursuant to subsection 1, if the survivor beneficiary has attained the

30-21  age of 60 years, is entitled, until his death, to receive monthly

30-22  payments of $2,500 per month. If the justice had designated one or

30-23  more payees in addition to the survivor beneficiary pursuant to

30-24  subsection 1, the monthly payments paid pursuant to this

30-25  subsection must be divided between the survivor beneficiary and

30-26  any additional payee in the proportion designated by the justice

30-27  pursuant to subsection 1.

30-28     3.  [If] Except as otherwise provided in this subsection, if a

30-29  survivor beneficiary of a justice is not eligible to receive benefits

30-30  pursuant to subsection 2, he is entitled, until his death or until he

30-31  becomes eligible to receive those benefits, to receive payments

30-32  equal in amount to the payment provided in subsection 1 of NRS

30-33  286.67675 for the survivor beneficiary of a deceased member of the

30-34  Public Employees’ Retirement System. If the justice had

30-35  designated one or more payees in addition to the survivor

30-36  beneficiary pursuant to subsection 1, the payments paid pursuant

30-37  to this subsection must be divided between the survivor beneficiary

30-38  and any additional payee in the proportion designated by the

30-39  justice pursuant to subsection 1.

30-40     4.  To obtain [these benefits,] the benefits authorized in

30-41  subsection 3, the survivor beneficiary must make application to the

30-42  Executive Officer of the Public Employees’ Retirement Board and

30-43  furnish such information as may be required pursuant to reasonable

30-44  regulations adopted for the purpose of carrying out the intent of this

30-45  section.

31-1      5.  Any person receiving a benefit pursuant to the provisions of

31-2  this section is entitled to receive postretirement increases equal to

31-3  those provided for persons retired pursuant to the Public Employees’

31-4  Retirement System.

31-5      6.  It is the intent of this section that no special fund be created

31-6  for the purpose of paying these benefits, and all payments made

31-7  pursuant to the provisions of this section are to be made out of and

31-8  charged to the Judicial Retirement Fund established pursuant to

31-9  NRS 1A.160.

31-10     Sec. 43.  NRS 3.098 is hereby amended to read as follows:

31-11     3.098  1.  [An unmarried] A district judge may designate, in

31-12  writing, a survivor beneficiary and one or more additional payees

31-13  to receive the payments provided pursuant to this section if the

31-14  judge is unmarried on the date of his death. A designation pursuant

31-15  to this section must be made on a form approved by the Court

31-16  Administrator. If the district judge has designated one or more

31-17  payees in addition to the survivor beneficiary, the district judge

31-18  must designate the percentage of the payments that the survivor

31-19  beneficiary and each additional payee is entitled to receive.

31-20     2.  [If] Except as otherwise provided in this subsection, if a

31-21  district judge at the time of his death had retired and was then

31-22  receiving a pension pursuant to the provisions of NRS 3.090, or if at

31-23  the time of his death the district judge had not retired but had

31-24  performed sufficient service for retirement pursuant to the

31-25  provisions of NRS 3.090, the survivor beneficiary designated

31-26  pursuant to subsection 1, if the survivor beneficiary has attained the

31-27  age of 60 years, is entitled, until his death, to receive monthly

31-28  payments of $2,500 per month. If the district judge had designated

31-29  one or more payees in addition to the survivor beneficiary

31-30  pursuant to subsection 1, the monthly payments paid pursuant to

31-31  this subsection must be divided between the survivor beneficiary

31-32  and any additional payee in the proportion designated by the

31-33  district judge pursuant to subsection 1.

31-34     3.  [If] Except as otherwise provided in this subsection, if a

31-35  survivor beneficiary of a district judge is not eligible to receive

31-36  benefits pursuant to subsection 2, he is entitled, until his death or

31-37  until he becomes eligible to receive those benefits, to receive

31-38  payments equal in amount to the payment provided in subsection 1

31-39  of NRS 286.67675 for the survivor beneficiary of a deceased

31-40  member of the Public Employees’ Retirement System. If the district

31-41  judge had designated one or more payees in addition to the

31-42  survivor beneficiary pursuant to subsection 1, the payments paid

31-43  pursuant to this subsection must be divided between the survivor

31-44  beneficiary and any additional payee in the proportion designated

31-45  by the district judge pursuant to subsection 1.

32-1      4.  To obtain [these benefits,] the benefits authorized by

32-2  subsection 3, the survivor beneficiary must make application to the

32-3  Executive Officer of the Public Employees’ Retirement [Fund]

32-4  Board and furnish such information as may be required pursuant to

32-5  reasonable regulations adopted for the purpose of carrying out the

32-6  intent of this section.

32-7      5.  Any person receiving a benefit pursuant to the provisions of

32-8  this section is entitled to receive postretirement increases equal to

32-9  those provided for persons retired pursuant to the Public Employees’

32-10  Retirement System.

32-11     6.  It is the intent of this section that no special fund be created

32-12  for the purpose of paying these benefits, and all payments made

32-13  pursuant to the provisions of this section are to be made out of and

32-14  charged to the Judicial Retirement Fund established pursuant to

32-15  NRS 1A.160.

32-16     Sec. 44.  The designation of a position for which there is a

32-17  critical labor shortage pursuant to NRS 1A.380 or 286.523 expires

32-18  on the date on which the authority to make the designation expires.

32-19     Sec. 45.  1.  This section and sections 1 to 26, inclusive, and

32-20  32 to 37, inclusive, and 44 of this act become effective on July 1,

32-21  2003.

32-22     2.  Sections 27 to 31, inclusive, and 38 to 43, inclusive, of this

32-23  act become effective on January 1, 2004.

32-24     3.  Sections 20, 21, 35 and 36 of this act expire by limitation on

32-25  June 30, 2005.

 

32-26  H