NAC: CHAPTER 286 - PUBLIC EMPLOYEES’ RETIREMENT

[Rev. 11/21/2013 4:00:52 PM--2013]

[NAC-286 Revised Date: 4-12]

CHAPTER 286 - PUBLIC EMPLOYEES’ RETIREMENT

286.010 Interpretation of terms used in NRS 286.025.

286.020 Interpretation of terms used in NRS 286.293.

286.030 “Consecutive months” interpreted; average compensation not prorated.

286.040 Registration for membership.

286.050 Participation of part-time employees.

286.060 Member’s rights not impaired by transfer.

286.070 Transfers between funds.

286.080 Transfer of police officer or firefighter eligible for early retirement.

286.090 Monthly reports: Addition of new members.

286.100 Monthly reports: Listing of employees.

286.110 Monthly reports: Retroactive adjustment.

286.120 Employers’ liability for adjusted reports.

286.130 Monthly summary.

286.140 Employer paying employee contributions.

286.150 Submission of statement of hours in workday and days in workweek.

286.160 Credit for service: Contributions.

286.170 Credit for service: Calculation; employer to provide documents.

286.180 Credit for service: Credit as police officer or firefighter.

286.190 Purchase of service: Cost for police officers and firefighters.

286.200 Purchase of service: Cost for employees other than police officers and firefighters.

286.210 Purchase of service: Agreement to deduct payments.

286.220 Purchase of service: Effect of purchasing only portion of service.

286.230 Purchase of service: Use of service.

286.240 Purchase of service: Refunds.

286.250 Repayment of withdrawn contributions.

286.260 Failure to complete repayment according to agreed schedule.

286.270 Monthly benefit check.

286.280 Completion of application for disability retirement allowance on behalf of incapable applicant.

286.290 Physical examination of retired employee with disability.

286.300 Notice of physical examination costing more than $200.

286.310 Examinations unrelated to disability or involving medical treatment.

286.320 Approval of employment of retired employee with disability.

286.330 Suspension of disability retirement allowance.

286.340 Status of retired employee with disability eligible for service retirement.

286.350 Transfer from disability retirement to service retirement.

286.360 Reenrollment of retired employee.

286.370 Death of retired employee.

286.380 Application for benefits for survivors.

286.390 Cancellation of benefits for survivors.

286.400 Claims that benefits are community property.

286.410 Request for estimate of service retirement allowance.

286.420 Proof of birth date and change of name.

286.430 Appeal of adverse decision to Board; reconsideration by Board.

286.440 Request for appeal or reconsideration; statement from member of staff.

286.450 Procedure for appeal.

NAC 286.010 Interpretation of terms used in NRS 286.025. (NRS 286.200) The Board interprets these terms, as used in NRS 286.025, as follows:

1. “Payment for hazardous duty” means regular additional compensation paid to an eligible employee by a public employer for performing dangerous work.

2. “Payment for longevity” means additional compensation paid to an eligible employee by a public employer based on the employee’s years of service.

3. “Payment for shift differential” means additional compensation paid to an eligible employee by a public employer for employment which does not involve a regular shift.

4. “Payment for terminal leave” means compensation for all accumulated leave or bonuses which is paid to an eligible employee upon the termination of employment for any cause including death.

5. “Secondary employment” means additional public employment which is not eligible for contributions.

[Pub. Emp. Retirement Bd., § 1, eff. 7-16-82]

NAC 286.020 Interpretation of terms used in NRS 286.293. (NRS 286.200) The Board interprets these terms, as used in NRS 286.293, as follows:

1. “Half-time” means half of the full-time work schedule established for a public employer for at least 120 consecutive workdays.

2. “Position” means employment with a public employer that is included in the official budget of the organization or has been approved by a person who is authorized to approve the employment.

[Pub. Emp. Retirement Bd., § 2, eff. 7-16-82]

NAC 286.030 “Consecutive months” interpreted; average compensation not prorated. (NRS 286.200) For the purposes of NRS 286.551 and 286.650:

1. The Board interprets “consecutive months” to mean those months, one following the other, in which some compensation is reported or service credit received, whether or not any actual work is performed.

2. When calculating average compensation, the compensation which is reported will not be prorated to reflect the portion of the month which the reported compensation represents.

[Pub. Emp. Retirement Bd., § 3, eff. 7-16-82]

NAC 286.040 Registration for membership. (NRS 286.200)

1. To register for membership in the System, an employee must complete the appropriate form. The form must be certified by his or her public employer.

2. The form registering a retired employee of the System who elects to return to membership and is employed by a public employer participating in the System must be clearly marked “retired employee.”

[Pub. Emp. Retirement Bd., § 6, eff. 7-16-82]

NAC 286.050 Participation of part-time employees. (NRS 286.200)

1. A person shall participate in the Public Employees’ Retirement System if he or she is employed in two or more regular positions that total half time or more according to the full-time schedule of each employer.

2. If two or more persons are assigned to fill a single position considered to be half time or more, then each person shall participate in the System regardless of whether or not they individually qualify for enrollment.

[Pub. Emp. Retirement Bd., §§ 4 & 5, eff. 7-16-82]

NAC 286.060 Member’s rights not impaired by transfer. (NRS 286.200) Transfers which are made between the Public Employees’ Retirement Fund and the Police and Firefighters’ Retirement Fund or between one public employer and another do not impair a member’s rights in the System.

[Pub. Emp. Retirement Bd., § 7, eff. 7-16-82]

NAC 286.070 Transfers between funds. (NRS 286.200)

1. The Executive Officer shall transfer all rights, credit, contributions and interest thereon of any member enrolled in the Police and Firefighters’ Retirement Fund who changes to employment covered by the Public Employees’ Retirement Fund to the Public Employees’ Retirement Fund.

2. The Executive Officer shall transfer all rights, credit, contributions and interest thereon of any member enrolled in the Public Employees’ Retirement Fund who accepts a position covered by the Police and Firefighters’ Retirement Fund to the Police and Firefighters’ Retirement Fund.

3. If a police officer or firefighter qualifies for and elects early retirement, and has contributions in the Public Employees’ Retirement Fund, the Executive Officer shall transfer all credit for service, employee and employer contributions, and all interest earned thereon, to the Police and Firefighters’ Retirement Fund.

4. Interest on funds transferred to and from the Police and Firefighters’ Retirement Fund and the Public Employees’ Retirement Fund will be computed as of June 30 of the prior fiscal year. No interest which accrues after that date will be transferred.

[Pub. Emp. Retirement Bd., §§ 49-52, eff. 7-16-82]

NAC 286.080 Transfer of police officer or firefighter eligible for early retirement. (NRS 286.200) A member who has completed 10 years of actual service as a police officer or firefighter will not lose the right to early retirement provided in subsection 2 of NRS 286.510 if he or she subsequently transfers to employment other than as a police officer or firefighter.

[Pub. Emp. Retirement Bd., § 54, eff. 7-16-82]

NAC 286.090 Monthly reports: Addition of new members. (NRS 286.200) A new member of the System may not be added to the employer’s monthly report made pursuant to NRS 286.460 unless a completed form registering the new member is attached to the report.

[Pub. Emp. Retirement Bd., § 12, eff. 7-16-82]

NAC 286.100 Monthly reports: Listing of employees. (NRS 286.200)

1. The monthly report must separately list the names of the employees who pay employee contributions, employees for whom the employer pays employee contributions, and police officers and firefighters.

2. The employer must list the names of members in alphabetical order according to the groups described in subsection 1.

3. An employee may not be listed under two groups on the same monthly report.

4. An employee may not be listed on the monthly report if the employee has not received any salary for which contributions are made in that particular month.

[Pub. Emp. Retirement Bd., §§ 13-16, eff. 7-16-82]

NAC 286.110 Monthly reports: Retroactive adjustment. (NRS 286.200) An employer must submit retroactive adjustments to a monthly report in a separate report and must indicate the month to which the adjustment is applicable. An employer may submit minor corrections by a letter which certifies the corrections.

[Pub. Emp. Retirement Bd., § 17, eff. 7-16-82]

NAC 286.120 Employers’ liability for adjusted reports. (NRS 286.200) If an employer makes an adjustment to a monthly report made pursuant to NRS 286.460 after an employee has terminated employment and withdrawn his or her contributions, the employer will be liable to the System for the payment of employees’ and employers’ contributions which were specified in the original report.

[Pub. Emp. Retirement Bd., § 8, eff. 7-16-82]

NAC 286.130 Monthly summary. (NRS 286.200) A public employer shall complete and submit a monthly summary which certifies the totals reported in the monthly report.

[Pub. Emp. Retirement Bd., § 18, eff. 7-16-82]

NAC 286.140 Employer paying employee contributions. (NRS 286.200)

1. A public employer may pay employee contributions on behalf of a specific, established or recognized group of its employees.

2. A public employer must provide prior written notice to the System certifying that on a given date it will begin paying contributions on behalf of its employees in lieu of increasing their salaries or counterbalancing the contributions by reducing their salaries.

[Pub. Emp. Retirement Bd., §§ 10 & 11, eff. 7-16-82]

NAC 286.150 Submission of statement of hours in workday and days in workweek. (NRS 286.200) Each public employer shall submit a statement to the System certifying the number of hours in a regular workday and the number of days in a regular workweek for their employees, except that:

1. A school district may certify a separate workday and workweek for teachers, nonteaching employees and classified employees.

2. The Nevada System of Higher Education may certify a separate workday and workweek for classified employees and professional staff.

3. Employers, other than the Nevada System of Higher Education and school districts, may certify a separate workday and workweek for regular employees and police officers and firefighters.

[Pub. Emp. Retirement Bd., § 59, eff. 7-16-82]

NAC 286.160 Credit for service: Contributions. (NRS 286.200) The System must receive all required contributions for members to receive credit for eligible service.

[Pub. Emp. Retirement Bd., § 19, eff. 7-16-82]

NAC 286.170 Credit for service: Calculation; employer to provide documents. (NRS 286.200)

1. A public employer shall provide to the System all documents regarding the employment and the firing of employees which affect the credit for service of any member.

2. Except as otherwise provided in subsection 3, credit for service will be calculated based on records of employment and contributions submitted to the System.

3. If sufficient documents regarding employment are not available for a certain period, credit for service will be calculated by dividing the employee’s earnings during that period by his or her reported compensation during a comparable preceding period.

[Pub. Emp. Retirement Bd., §§ 20-22, eff. 7-16-82]

NAC 286.180 Credit for service: Credit as police officer or firefighter. (NRS 286.200)

1. The following persons will receive credit for service as a police officer or firefighter only for as long as they remain in their respective positions:

(a) Any person who, before July 1, 1977, was a member of the Police Department of the Nevada System of Higher Education, a special investigator employed by the Attorney General or by a district attorney, or a correctional officer of the state prison whose duties did not require daily contact with the prisoners during a majority of his or her work;

(b) Any person who, before July 1, 1979, was a parole and probation officer of the Division of Parole and Probation of the Department of Public Safety; and

(c) Any person who, as of June 30, 1977, was serving in a position for which he or she was contributing at the rate established for police officers and firefighters and who continues contributing at that rate.

2. No such person may receive any additional credit towards early retirement once his or her particular employment is terminated, even if that person subsequently returns to the same employment.

[Pub. Emp. Retirement Bd., § 48, eff. 7-16-82]

NAC 286.190 Purchase of service: Cost for police officers and firefighters. (NRS 286.200) The cost of purchasing service for police officers and firefighters will be calculated by multiplying the percentage corresponding to the age of the member at the time of the purchase by his or her average compensation at the time of the purchase. The percentages for police officers and firefighters are:

Age	Percentage	Age	Percentage	Age	Percentage	Age	Percentage
18	12.1	34	16.7	50	22.9	66	18.5
19	12.3	35	17.0	51	23.4	67	17.9
20	12.6	36	17.4	52	23.8	68	17.3
21	12.8	37	17.7	53	24.3	69	16.8
22	13.1	38	18.1	54	24.8	70	16.2
23	13.4	39	18.4	55	24.3	71	15.6
24	13.6	40	18.8	56	23.9	72	15.1
25	13.9	41	19.2	57	23.4	73	14.5
26	14.2	42	19.6	58	22.9	74	14.0
27	14.5	43	19.9	59	22.4	75	13.4
28	14.8	44	20.3	60	21.9	76	12.8
29	15.1	45	20.7	61	21.3	77	12.3
30	15.4	46	21.2	62	20.8	78	11.7
31	15.7	47	21.6	63	20.2	79	11.2
32	16.0	48	22.0	64	19.7	80	10.7
33	16.3	49	22.5	65	19.1

[Pub. Emp. Retirement Bd., § 53, eff. 7-16-82]

NAC 286.200 Purchase of service: Cost for employees other than police officers and firefighters. (NRS 286.200)

1. The cost of purchasing service will be calculated by multiplying the percentage corresponding to the age of the member at the time of the purchase by his or her average compensation at the time of the purchase. The percentages for regular members are:

Age	Percentage	Age	Percentage	Age	Percentage	Age	Percentage
18	9.8	34	13.6	50	18.7	66	18.5
19	10.0	35	13.9	51	19.1	67	17.9
20	10.2	36	14.2	52	19.5	68	17.3
21	10.4	37	14.4	53	19.9	69	16.8
22	10.6	38	14.7	54	20.3	70	16.2
23	10.9	39	15.0	55	20.7	71	15.6
24	11.1	40	15.3	56	21.1	72	15.1
25	11.3	41	15.7	57	21.5	73	14.5
26	11.6	42	16.0	58	22.0	74	14.0
27	11.8	43	16.3	59	22.4	75	13.4
28	12.0	44	16.6	60	21.9	76	12.8
29	12.3	45	17.0	61	21.3	77	12.3
30	12.5	46	17.3	62	20.8	78	11.7
31	12.8	47	17.7	63	20.2	79	11.2
32	13.1	48	18.0	64	19.7	80	10.7
33	13.3	49	18.4	65	19.1

2. The percentages listed in subsection 1 apply even if service is purchased when the employee retires.

[Pub. Emp. Retirement Bd., § 23, eff. 7-16-82]

NAC 286.210 Purchase of service: Agreement to deduct payments. (NRS 286.200)

1. A member may enter into an agreement with the System to purchase service by the deduction of monthly payments from the member’s paycheck.

2. If a public employer will not allow deductions for this purpose, the member must purchase the service by the payment of a lump sum.

3. Interest paid pursuant to such an agreement may not be credited to the member’s account.

[Pub. Emp. Retirement Bd., § 28, eff. 7-16-82]

NAC 286.220 Purchase of service: Effect of purchasing only portion of service. (NRS 286.200) A member who purchases any portion of his or her service may later purchase the remaining portion of that service.

[Pub. Emp. Retirement Bd., § 26, eff. 7-16-82]

NAC 286.230 Purchase of service: Use of service. (NRS 286.200) A member may use purchased service for the same purposes as any other service.

[Pub. Emp. Retirement Bd., § 27, eff. 7-16-82]

NAC 286.240 Purchase of service: Refunds. (NRS 286.200)

1. Only 50 percent of the principal amount which is paid to purchase service will be refunded under any circumstances. If an employer or another person contributes more than 50 percent of the cost of the service, and if the member receives a refund of part of the cost, the employer or other person will receive the amount by which his or her contribution exceeded 50 percent of the cost of the service and the member will receive the balance of the refund.

2. If a refund is made after retirement, any benefits the member has received will be offset against employee contributions before they are offset against the refundable price of any purchased service.

[Pub. Emp. Retirement Bd., §§ 24 & 25, eff. 7-16-82]

NAC 286.250 Repayment of withdrawn contributions. (NRS 286.200)

1. If a member wishes to repay withdrawn contributions after qualifying for repayment, he or she must remain a member of the System but is not required to be a contributing member.

2. A member who has received more than one refund from the System and who wishes to repay the withdrawn contributions must first repay either the total of all refunds or the most recent refund.

[Pub. Emp. Retirement Bd., §§ 29 & 31, eff. 7-16-82]

NAC 286.260 Failure to complete repayment according to agreed schedule. (NRS 286.200) If a member fails to complete payments according to an agreed schedule of repayment, the agreement will be terminated and the member may:

1. Receive a refund of all of his or her payments;

2. Repay the balance remaining, including any recalculated interest, in a lump sum at any time if he or she is still a member of the System; or

3. Receive service credit for previous service in the same proportion that his or her repayment of withdrawn contributions at the time of the termination of the agreement bears to the total amount of withdrawn contributions.

[Pub. Emp. Retirement Bd., § 30, eff. 7-16-82]

NAC 286.270 Monthly benefit check. (NRS 286.200) A retired employee may designate that his or her monthly benefit check be:

1. Mailed directly to a specified address;

2. Mailed directly to his or her account in a credit union, a savings and loan association or a commercial bank which is not in this state; or

3. Transmitted through a system for the electronic transfer of funds to his or her account in a commercial bank which is in this state and which is capable of receiving funds in this manner.

[Pub. Emp. Retirement Bd., § 45, eff. 7-16-82]

NAC 286.280 Completion of application for disability retirement allowance on behalf of incapable applicant. (NRS 286.200) If an applicant for a disability retirement allowance is physically or mentally incapable of completing and submitting the required form, and the Executive Officer so approves, a liaison officer or the applicant’s spouse may complete the form on the applicant’s behalf.

[Pub. Emp. Retirement Bd., § 32, eff. 7-16-82]

NAC 286.290 Physical examination of retired employee with disability. (NRS 286.200, 286.637)

1. A retired employee with a disability must submit to an annual medical examination unless it is waived by the Board.

2. If the Board’s medical adviser certifies that a retired employee with a disability will remain permanently and totally unable to perform his or her previous job or a comparable job, the Board will waive the requirement for an annual medical examination.

3. The Executive Officer shall suspend the disability retirement allowance of a retired employee with a disability who has been requested to submit a report of a medical examination and fails to submit the report to the System by the end of February of any year.

[Pub. Emp. Retirement Bd., §§ 33 & 34, eff. 7-16-82]

NAC 286.300 Notice of physical examination costing more than $200. (NRS 286.200)

1. A retired employee with a disability and his or her physician must notify the Executive Officer in advance of any medical examination which will cost more than $200.

2. If the Executive Officer does not approve the examination, the System will not pay for it.

[Pub. Emp. Retirement Bd., § 35, eff. 7-16-82]

NAC 286.310 Examinations unrelated to disability or involving medical treatment. (NRS 286.200) The System will not pay for a medical examination or any expense which does not directly relate to the disability or which involves any medical treatment.

[Pub. Emp. Retirement Bd., § 36, eff. 7-16-82]

NAC 286.320 Approval of employment of retired employee with disability. (NRS 286.200) The Board will not approve the employment of a retired employee with a disability in a position which would normally be eligible for membership in the System unless his or her benefits are discontinued.

[Pub. Emp. Retirement Bd., § 38, eff. 7-16-82]

NAC 286.330 Suspension of disability retirement allowance. (NRS 286.200) The Executive Officer shall suspend the disability retirement allowance of any retired employee with a disability who fails by May 1 of any year to provide the System a copy of his or her income tax return and withholding statement for the preceding year.

[Pub. Emp. Retirement Bd., § 39, eff. 7-16-82]

NAC 286.340 Status of retired employee with disability eligible for service retirement. (NRS 286.200) A retired employee with a disability who becomes eligible for service retirement is considered a retired employee with a disability by the System.

[Pub. Emp. Retirement Bd., § 37, eff. 7-16-82]

NAC 286.350 Transfer from disability retirement to service retirement. (NRS 286.200) A retired employee with a disability, if otherwise eligible, may elect to change from a disability retirement to a service retirement. The change becomes effective upon the date that his or her written request is received in the System’s offices.

[Pub. Emp. Retirement Bd., § 40, eff. 7-16-82]

NAC 286.360 Reenrollment of retired employee. (NRS 286.200) If a retired employee accepts employment in a position whose occupant is thereby eligible for membership and elects to reenroll in the System:

1. No benefits for survivors payable under NRS 286.671 to 286.679, inclusive, will be paid to any spouse, child or parent of the previously retired employee if he or she dies during his or her period of reestablished membership; and

2. A refund of any employee contributions paid during a period of reestablished membership will be paid to the named beneficiary of the employee who dies during a period of reestablished membership.

[Pub. Emp. Retirement Bd., § 47, eff. 7-16-82]

NAC 286.370 Death of retired employee. (NRS 286.200) If a retired employee dies, the benefits earned but not yet paid and the surplus of employee contributions over total benefits received, if any, will be disbursed as follows:

1. If the named beneficiary is a spouse, the portion of the monthly benefit earned from the first of the final month to the date of death and, for those retired under the unmodified plan, any employee contributions in excess of benefits received, will be paid in one lump sum to the spouse.

2. If the named beneficiary is not a spouse, then the portion of the monthly benefit earned from the first of the final month to the date of death will be paid to the estate of the deceased and, for those retired under the unmodified plan, any employee contributions in excess of benefits received will be paid to the named beneficiary.

3. If the System receives a communication which reasonably establishes that the will of the deceased will not be probated, the portion of the monthly benefit earned from the first of the final month to the date of death will be paid to the spouse or, if there is no spouse, to the heirs of the deceased. Any employee contributions in excess of benefits received will be paid to the named beneficiary or, if there is no named beneficiary, to the heirs of the deceased.

[Pub. Emp. Retirement Bd., § 46, eff. 7-16-82]

NAC 286.380 Application for benefits for survivors. (NRS 286.200) To receive payments pursuant to NRS 286.671 to 286.679, inclusive, a recipient of benefits or the guardian of a recipient who is a minor must complete and submit the proper form for applying for such payments. The form must be submitted with all required documentation.

[Pub. Emp. Retirement Bd., § 42, eff. 7-16-82]

NAC 286.390 Cancellation of benefits for survivors. (NRS 286.200) A cancellation of benefits which are paid pursuant to NRS 286.671 to 286.679, inclusive, to any one recipient of benefits does not affect the benefits which are paid to other eligible recipients.

[Pub. Emp. Retirement Bd., § 41, eff. 7-16-82]

NAC 286.400 Claims that benefits are community property. (NRS 286.200)

1. The Executive Officer shall acknowledge receipt of and honor a written claim made pursuant to NRS 123.240 that a member’s contributions or benefits are community property.

2. The Executive Officer shall advise the member and claimant that the payment of contributions or benefits will be postponed until 90 days after the normal date of payment so that the claimant may obtain a court order regarding disposition at that time.

3. Any court order must be issued by a court that has jurisdiction over the System and must name the System specifically.

4. The Executive Officer may not make payment of a member’s contributions or benefits to any such claimant or pursuant to any court order unless the member applies for a refund or a retirement benefit, or dies.

[Pub. Emp. Retirement Bd., § 9, eff. 7-16-82]

NAC 286.410 Request for estimate of service retirement allowance. (NRS 286.200)

1. A person may not obtain from the System an estimate of the present or future value of his or her retirement benefits, but a person may obtain an estimate of his or her service retirement allowance.

2. A member must provide the following information to the System when requesting an estimate of his or her service retirement allowance:

(a) The member’s name, social security number, proof of birth date and proof of all changes of his or her name;

(b) The name of the member’s public employer; and

(c) If the member wishes to select an optional plan, the beneficiary’s name and social security number, proof of the beneficiary’s birth date and proof of all of the beneficiary’s changes of name.

[Pub. Emp. Retirement Bd., §§ 43 & 58, eff. 7-16-82]

NAC 286.420 Proof of birth date and change of name. (NRS 286.200) A person’s birth date and changes of name may be established by:

1. A certified copy of a birth certificate;

2. A certificate of baptism or a certified copy of the certificate;

3. A delayed certificate of birth; or

4. Any two of the following:

(a) A school’s record of age or a certified copy of the record.

(b) A record of military service or a certified copy of the record.

(d) A certificate of naturalization of the person or of his or her parents, if the person’s age is stated on the certificate.

(e) A transcript of records from the United States Bureau of the Census.

(f) A certified copy of a family Bible which includes the name of the person who entered the date of birth in the Bible, when the date of birth was entered, an explanation of any corrections and the date of the printing of the Bible.

(g) A passport.

(h) A notarized statement by a person who has personal knowledge of the date of birth and who was an adult at the time of the birth.

(i) A record of the Department of Motor Vehicles or a comparable agency in another state.

(j) A hospital’s record of birth.

(k) Records compiled pursuant to the Social Security Act.

(l) Records of registration to vote.

(m) Any document which is more than 10 years old and which lists the person’s date of birth.

[Pub. Emp. Retirement Bd., § 44, eff. 7-16-82]

NAC 286.430 Appeal of adverse decision to Board; reconsideration by Board. (NRS 286.200)

1. Any member, retired employee or beneficiary, or his or her spouse, or any person having a claim against the System may appeal to the Board from a decision made by the System’s staff or an interpretation of the Public Employees’ Retirement Act, these regulations or the policies and procedures of the System.

2. The Board will reconsider its decision or action if the person aggrieved presents new evidence to the Board which was not available or the existence of which was not known to the person and could not reasonably have been known to him or her at the time the matter was originally presented to the Board.

3. The Board will allow only one reconsideration.

[Pub. Emp. Retirement Bd., § 55, eff. 7-16-82]

NAC 286.440 Request for appeal or reconsideration; statement from member of staff. (NRS 286.200)

1. A person or the person’s representative must request an appeal or reconsideration in writing and submit it to the System within 45 days after notification of the decision made by the staff or the Board.

2. A written request for an appeal or reconsideration must reasonably describe the complete basis for the request and must set forth the relief which is being requested from the Board.

3. A member of the System’s staff will submit a statement for the record listing the legal basis for the staff’s determination, a chronological development of events, the situation as indicated by the records and documents available to the System and any legal references which may be relevant to the Board’s decision.

[Pub. Emp. Retirement Bd., § 56, eff. 7-16-82]

NAC 286.450 Procedure for appeal. (NRS 286.200) An appeal before the Board will be conducted as follows:

1. A member of the staff shall provide a brief, objective summary of the problem and the reasons for the staff’s decision.

2. The appellant or the appellant’s representative shall give a brief presentation advising the Board of the basis of the appeal and the legal or equitable reasons for requesting relief and the specific relief that is being requested from the Board.

3. The Board may request a deputy attorney general to provide any necessary legal interpretations.

4. Members of the Board may ask questions of members of the staff, the appellant, the appellant’s representative, the deputy attorney general or any combination of these persons.

5. The Board’s Chair will request whether or not any member of the staff, the appellant, the appellant’s representative or the deputy attorney general have any additional statements to make for the record.

6. The Board’s Chair will state that the matter will be taken under advisement by the Board, that a decision will be made and that a member of the staff will communicate the Board’s decision to the appellant or the appellant’s representative in writing.

[Pub. Emp. Retirement Bd., § 57, eff. 7-16-82]