Senate Bill No. 45–Senator Mathews

 

Prefiled January 30, 2003

____________

 

Referred to Committee on Finance

 

SUMMARY—Revises requirements concerning eligibility to participate in Public Employees’ Retirement System as police officer under certain early retirement provisions. (BDR 23‑307)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                           Effect on the State: Yes.

 

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

 

AN ACT relating to the Public Employees’ Retirement System; revising the requirements concerning eligibility to participate in the System as a police officer under certain early retirement provisions; 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 286.061 is hereby amended to read as follows:

1-2  286.061  1.  “Police officer” means a member who is [:

1-3  1.  Filling] filling a full-time position with a participating public

1-4  employer[, the principal duties of which require emotional stability

1-5  and physical capacity in protecting the public and enforcing the laws

1-6  of the State of Nevada or any of its political subdivisions.

1-7  2.  The former holder of a position defined in subsection 1 who

1-8  has:

1-9  (a) Earned at least 2 years of creditable service in that position;

1-10  and

1-11      (b) Been promoted or transferred within the chain of command

1-12  by the same public employer to a position related to the protection

1-13  of the public and law enforcement.

 

 

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

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

2-3  position; and

2-4  (b) Is employed by a different employer in a position that would

2-5  have been eligible under paragraph (b) of subsection 2 had he

2-6  remained with his former employer.] pursuant to which the

2-7  member has some or all of the powers of a peace officer pursuant

2-8  to NRS 289.150 to 289.360, inclusive.

2-9  2.  The term does not include:

2-10      (a) A person who has the powers of a peace officer pursuant to

2-11  subsection 2 of NRS 289.190;

2-12      (b) A person who has concurrent power with peace officers

2-13  pursuant to subsection 3 of NRS 289.190; or

2-14      (c) The Commissioner of Insurance or the Chief Deputy of the

2-15  Commissioner of Insurance pursuant to NRS 289.310.

2-16      Sec. 2.  NRS 286.211 is hereby amended to read as follows:

2-17      286.211  1.  The Board shall, with the advice of the Interim

2-18  Retirement and Benefits Committee of the Legislature created

2-19  pursuant to NRS 218.5373:

2-20      (a) Adopt regulations for the evaluation of requests from

2-21  firemen for enrollment under the Police and Firemen’s Retirement

2-22  Fund; and

2-23      (b) Determine those positions eligible under the early retirement

2-24  provisions for [police officers and] firemen.

2-25      2.  Service in any position which has not been determined by

2-26  the Board to be eligible does not entitle a member to early

2-27  retirement as a fireman . [or police officer.]

2-28      Sec. 3.  NRS 286.410 is hereby amended to read as follows:

2-29      286.410  1.  The employee contribution rate must be:

2-30      (a) The matching contribution rate for employees and employers

2-31  that is actuarially determined for police officers and firemen and for

2-32  regular members, depending upon the retirement fund in which the

2-33  member is participating.

2-34      (b) Adjusted on the first monthly retirement reporting period

2-35  commencing on or after July 1 of each odd‑numbered year based on

2-36  the actuarially determined contribution rate indicated in the biennial

2-37  actuarial valuation and report of the immediately preceding year.

2-38  The adjusted rate must be rounded to the nearest one-quarter of

2-39  1 percent.

2-40      2.  The employee’s portion of the matching contribution rate for

2-41  employees and employers must not be adjusted in accordance with

2-42  the provisions of paragraph (b) of subsection 1 if the existing rate is

2-43  within one-quarter of 1 percent of the actuarially determined rate.

2-44      3.  From each payroll during the period of his membership, the

2-45  employer shall deduct the amount of the member’s contributions

3-1  and transmit the deduction to the Board at intervals designated and

3-2  upon forms prescribed by the Board. The contributions must be paid

3-3  on compensation earned by a member from his first day of service.

3-4  4.  Any employee whose position [is determined] after July 1,

3-5  1971, [to be] becomes eligible under the early retirement provisions

3-6  for police officers and firemen shall contribute the additional

3-7  contributions required of police officers and firemen from July 1,

3-8  1971, to the date of his enrollment under the Police and Firemen’s

3-9  Retirement Fund, if employment in this position occurred before

3-10  July 1, 1971, or from date of employment in this position to the date

3-11  of his enrollment under the Police and Firemen’s Retirement Fund,

3-12  if employment occurs later.

3-13      5.  Except as otherwise provided in NRS 286.430, the System

3-14  shall guarantee to each member the return of at least the total

3-15  employee contributions which the member has made and which

3-16  were credited to his individual account. These contributions may be

3-17  returned to the member, his estate or beneficiary or a combination

3-18  thereof in monthly benefits, a lump-sum refund or both.

3-19      6.  Disabled members who are injured on the job and receive

3-20  industrial insurance benefits for temporary total disability remain

3-21  contributing members of the System for the duration of the benefits

3-22  if and while the public employer continues to pay the difference

3-23  between these benefits and his regular compensation. The public

3-24  employer shall pay the employer contributions on these benefits.

3-25      Sec. 4.  1.  The Public Employees’ Retirement Board shall

3-26  allow any police officer who is serving in a position for which he is

3-27  enrolled under the Police and Firemen’s Retirement Fund on

3-28  June 30, 2003, to continue to be eligible under the early retirement

3-29  provisions for police officers as long as the police officer remains in

3-30  that position.

3-31      2.  As used in this section, “police officer” has the meaning

3-32  ascribed to it in NRS 286.061 as that section existed on June 30,

3-33  2003.

3-34      Sec. 5.  This act becomes effective on July 1, 2003.

 

3-35  H