NRS 286.110 Public Employees’ Retirement System: Establishment; review of System; use of state services; public inspection of records; liability of public employers.

NRS 286.117 Limitations on review and copying of records; waiver.

ADMINISTRATION

NRS 286.120 System governed by Public Employees’ Retirement Board: Name; number of members; duties of Governor; removal of members.

NRS 286.130 Qualifications of members of Board; terms.

NRS 286.150 Monthly meetings of Board; certain closed meetings; designation and term of Chairman.

NRS 286.160 Persons employed by Board: Appointment; salaries; qualifications; other employment of Executive Officer prohibited; exceptions.

NRS 286.170 Administration of System; compensation and removal of employees.

NRS 286.180 Compensation and expenses of members of Board.

NRS 286.190 General powers and duties of Board.

NRS 286.200 Rules and regulations of Board: Procedure for adoption; conditions.

NRS 286.211 Duties of Board: Police and Firefighters’ Retirement Fund.

NRS 286.215 Duties of Board: Calculation and determination of contributions, benefits and service credit related to qualified military service.

NRS 286.220 Public Employees’ Retirement Fund.

NRS 286.225 Police and Firefighters’ Retirement Fund.

NRS 286.227 Police and Firefighters’ Retirement Fund Advisory Committee.

NRS 286.230 Public Employees’ Retirement Administrative Fund.

NRS 286.241 Fund to pay accrued benefits that are not payable because of certain limitations; benefits paid from employer contributions.

NRS 286.260 Individual accounts of members; liability of Board upon return of contributions.

NRS 286.265 Notice to Public Employees’ Benefits Program regarding certain changes in payment status of benefit recipients.

NRS 286.282 Chief of Budget Division to advise Governor concerning review of System’s policies and performance.

NRS 286.287 Board to consider investments: Meetings; duties.

NRS 286.288 Liaison officer between System and members or employers; responsibility of System for inaccurate or misleading information.

MEMBERSHIP

NRS 286.290 Conditions for membership in System.

NRS 286.293 Persons required to participate in System.

NRS 286.297 Persons excluded from membership in System.

NRS 286.300 Purchase of credit for service: Requirements; sources; refund of contributions; defaults.

NRS 286.3005 Purchase of credit for service: Public employer may purchase credit for member.

NRS 286.3007 Purchase by state agency of credit for service: Conditions.

NRS 286.301 Credit for free prior service.

NRS 286.303 Free credit for military service.

NRS 286.365 Eligibility of civilian employees of Nevada National Guard for membership in System.

NRS 286.367 Eligibility of volunteer firefighters for membership in System: Contributions; average compensation; purchase of credit for service as volunteer firefighter and for certain military service.

NRS 286.370 Procedure for integration of previously established retirement systems.

NRS 286.385 Public employee on leave of absence to serve in Nevada Legislature may remain member of System.

NRS 286.391 Public employee on leave to work for employee or employer association may remain member of System; purchase of credit for service.

NRS 286.401 Termination of membership; rights of retired employee.

CONTRIBUTIONS

NRS 286.410 Amount of contribution by member of System; deduction from payroll; return of contributions; disabled members.

NRS 286.421 Payment of contributions by employer on behalf of employee; average compensation; total rate of contribution.

NRS 286.425 Election by employee to have employer pay contributions.

NRS 286.430 Withdrawal of contributions.

NRS 286.435 Repayment upon retroactive reinstatement.

NRS 286.440 Redeposit of withdrawn contributions upon return to service: Procedure.

NRS 286.450 Rate of contributions by public employer.

NRS 286.460 Remittance of contributions by public employers.

NRS 286.462 Complaint to Department of Taxation required concerning delinquent report or payment.

SERVICE

NRS 286.470 Credit for service as county commissioner, city councilman or mayor: Calculation of average compensation; waiver of service; exception.

NRS 286.475 Credit for service as Legislator before July 1, 1967: Calculation of average compensation.

NRS 286.477 Credit for part-time employment; loss of credit.

NRS 286.479 Service credit for military service in Persian Gulf Crisis.

NRS 286.481 Service ineligible for credit.

NRS 286.486 Service credited in another system ineligible; exception.

NRS 286.495 Computation of credit for service: Generally.

NRS 286.501 Computation of credit for service: Employees of school districts and professional staff of Nevada System of Higher Education.

NRS 286.505 Conversion of credit for service; time for crediting service.

RETIREMENT

NRS 286.510 Eligibility: Age and service of police officers, firefighters and other employees; reduction of benefit for retirement before required age.

NRS 286.520 Employment of retired employee: Consequences; notice; exemptions. [Effective through June 30, 2009.]

NRS 286.520 Employment of retired employee: Consequences; notice; exemptions. [Effective July 1, 2009.]

NRS 286.523 Employment of retired employee: Exception for reemployment of certain retired employees to fill positions for which critical labor shortage exists; determination and designation of such positions; limitation on length of designation of position. [Effective through June 30, 2009.]

NRS 286.525 Employment of retired employee: Enrollment in System; rights of membership; accrual of credit for service; benefits for survivor. [Effective through June 30, 2009.]

NRS 286.525 Employment of retired employee: Enrollment in System; rights of membership; accrual of credit for service; benefits for survivor. [Effective July 1, 2009.]

BENEFITS

NRS 286.533 Limitation on distributions to members of System.

NRS 286.534 Actuarial assumptions used in computing benefits: Availability; changes prohibited.

NRS 286.535 Limitation on compensation used to determine retirement benefit.

NRS 286.537 Limitations on benefits and contributions.

NRS 286.538 Minimum benefits payable to employee who became member of System before January 1, 1990.

NRS 286.539 Prohibition against applying forfeitures to increase benefits.

NRS 286.541 Application for service retirement allowance or disability retirement allowance; effective date of retirement; rights of present or former spouse; System exempted from liability for false designation of marital status by member or retired member.

NRS 286.545 Consent of spouse to retirement plan of member.

NRS 286.551 Determination of monthly service retirement allowance.

NRS 286.575 Postretirement increases: Payment; effect on monthly benefit.

NRS 286.5756 Postretirement increases: Persons receiving benefits before September 1, 1983, or for 3 years before increase.

NRS 286.5765 Postretirement increases: Persons retired before July 1, 1963; persons retired before September 1, 1975, with 20 years’ credit for service; persons retired before July 1, 1989, with 20 years’ credit for service; separate account.

NRS 286.577 Postretirement increases: Persons receiving allowance before July 1, 1975; persons with benefits commencing in 1975.

NRS 286.5775 Postretirement increases: Increases based on years allowance received; beneficiaries of deceased employees; limitations.

NRS 286.578 Postretirement increases: Increases payable July 1, 1979, and July 1, 1980.

NRS 286.5785 Postretirement increases: Increases payable July 1, 1981, and July 1, 1982.

NRS 286.579 Postretirement increases: Increase for persons receiving benefits before January 1, 1977.

NRS 286.590 Alternatives to unmodified service retirement allowance.

NRS 286.592 Optional plans: Death of beneficiary; change of selection; effective date of termination or adjustment of allowance.

NRS 286.612 Charges for deferred protection: Termination; adjustments of allowances or benefits.

NRS 286.615 Optional deduction from benefits for payments for group insurance, plan of benefits or medical and hospital service or other obligations; regulations; exemption of Executive Officer, Board and System from liability for errors or omissions.

NRS 286.620 Disability retirement allowance: Eligibility; calculation of amount; beneficiaries; effective date of termination or adjustment of allowance.

NRS 286.630 Disability retirement allowance: Approval or denial of application; medical examination.

NRS 286.634 Disability retirement allowance: Effective date of retirement.

NRS 286.637 Disability retirement allowance: Recipient to provide copy of federal income tax return; Board may require medical examinations.

NRS 286.638 Disability retirement allowance: Reporting to Internal Revenue Service.

NRS 286.640 Disability retirement allowance: Cancellation.

NRS 286.650 Disability retirement allowance: Consequences of employment of recipient.

NRS 286.655 Payments for rehabilitation in lieu of disability retirement allowance.

NRS 286.660 Death of certain member before retirement: Disposition of money to his credit in Public Employees’ Retirement Fund.

NRS 286.665 Death of member, retired employee or beneficiary: Transfer of contributions to retirement fund under certain circumstances; procedure for claiming transferred money.

NRS 286.667 Allowance for retired police officer or firefighter: Benefits for spouse upon death; credit for certain other service prohibited; costs of benefit paid by employee.

NRS 286.669 Person convicted of murder or voluntary manslaughter of member ineligible to receive benefits.

NRS 286.670 Right to benefits not subject to taxes, process, bankruptcy, assignment or assessment for impairment or insolvency of insurance company; exceptions.

NRS 286.6703 Payment of allowance or benefit to alternate payee pursuant to domestic relations order.

NRS 286.6705 Transfer of unpaid check for benefits or refund to retirement fund; claim for payment of money; period of limitation.

BENEFITS FOR SURVIVORS

General Provisions

NRS 286.671 Definitions.

NRS 286.672 Eligibility.

Children

NRS 286.673 Payments to child of deceased member.

Spouses

NRS 286.674 Payments to spouse of deceased member.

NRS 286.676 Payments to spouse of deceased member who had 10 or more years of accredited contributing service.

NRS 286.6765 Payments to spouse if deceased member was eligible to retire.

NRS 286.6766 Payment in lump sum to spouse; exception.

Survivor Beneficiaries and Additional Payees

NRS 286.6767 Designation of survivor beneficiary and additional payees by member.

NRS 286.67675 Payments to survivor beneficiary of and to additional payees designated by deceased member.

NRS 286.6768 Payments to survivor beneficiary of and to additional payees designated by deceased member who had 10 or more years of accredited contributing service.

NRS 286.67685 Payment to survivor beneficiary of and to additional payees designated by deceased member if deceased member was eligible to retire.

NRS 286.6769 Payment in lump sum to survivor beneficiary of and to additional payees designated by member; exception.

Parents

NRS 286.677 Payment to dependent parents; conditions.

Limitations and Disposition of Surplus

NRS 286.6775 Limitation on and reduction of amount of monthly allowance.

NRS 286.679 Disposition of surplus of contributions if payments to beneficiary cease.

VESTING OF ALLOWANCES AND BENEFITS

NRS 286.6793 Time of vesting; vesting of benefits upon termination of System.

INVESTMENT OF MONEY

NRS 286.680 Investment by Board of money in funds; qualifications and employment of investment counsel; employment of other services; liability for investment decisions.

NRS 286.682 Authorized investments: “Prudent person” standard.

UNIVERSITY OF NEVADA RETIREMENT PROGRAM

NRS 286.802 Board of Regents to establish separate program for retirement of certain employees; contributions; enrollment.

NRS 286.804 Program may be separate system or fund; participation in larger system or fund; provision of benefits through investment entity or combination of entities.

NRS 286.808 Contributions; payment by Board of Regents on behalf of participant.

NRS 286.810 Designation of investment entities; approval of contracts.

NRS 286.812 Administration of program.

NRS 286.814 Participants ineligible for membership in Public Employees’ Retirement System.

NRS 286.816 Benefits payable only by designated investment entities.

UNLAWFUL ACTS; PENALTIES

NRS 286.820 False statement or certification; withholding of information.

_________

GENERAL PROVISIONS

NRS 286.010 Short title. This chapter shall be known as the Public Employees’ Retirement Act.

[1:181:1947; 1943 NCL § 5230.01]

NRS 286.015 Declaration of state policy; purpose of chapter.

1. It is the policy of this State to provide, through the Public Employees’ Retirement System:

(a) A reasonable base income to qualified employees who have been employed by a public employer and whose earning capacity has been removed or has been substantially reduced by age or disability.

(b) An orderly method of promoting and maintaining a high level of service to the public through an equitable separation procedure, which is available to employees at retirement or upon becoming disabled.

(c) A system which will make government employment attractive to qualified employees in various categories of service and which will encourage these employees to remain in government service for such periods of time as to give the public employer full benefit of the training and experience gained by these employees while employed by public employers.

2. It is the purpose of this chapter to make suitable provision for the accomplishment of the policy stated in subsection 1. The Board shall define the intermediate objectives and operating guidelines it considers necessary to produce the maximum in economy, efficiency and effectiveness within the System.

(Added to NRS by 1973, 996)

NRS 286.016 Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 286.017 to 286.100, inclusive, have the meanings ascribed to them in such sections.

(Added to NRS by 1975, 1028)

NRS 286.017 “Actuarial computation” defined. “Actuarial computation” means the computation based on benefits earned and life expectancy of member and beneficiary to determine necessary reduction of benefits under retirement options or to determine cost of purchasing additional benefits as provided in this chapter.

(Added to NRS by 1975, 1028)

NRS 286.020 “Board” defined. “Board” means the Public Employees’ Retirement Board.

[Part 4:181:1947; A 1949, 174; 1955, 23]—(NRS A 1975, 1029)

NRS 286.025 “Compensation” defined.

1. Except as otherwise provided by specific statute, “compensation” is the salary paid to a member by his principal public employer.

2. The term includes:

(a) Base pay, which is the monthly rate of pay excluding all fringe benefits.

(b) Additional payment for longevity, shift differential, hazardous duty, work performed on a holiday if it does not exceed the working hours of the normal workweek or pay period for that employee, holding oneself ready for duty while off duty and returning to duty after one’s regular working hours.

(c) Payment for extra duty assignments if it is the standard practice of the public employer to include such pay in the employment contract or official job description for the calendar or academic year in which it is paid and such pay is specifically included in the member’s employment contract or official job description.

(d) The aggregate compensation paid by two separate public employers if one member is employed half-time or more by one, and half-time or less by the other, if the total does not exceed full-time employment, if the duties of both positions are similar and if the employment is pursuant to a continuing relationship between the employers.

3. The term does not include any type of payment not specifically described in subsection 2.

(Added to NRS by 1975, 1028; A 1977, 1574; 1979, 940; 1981, 444; 1999, 2616)

NRS 286.031 “Disability retirement allowance” defined. “Disability retirement allowance” means monthly payments from the Public Employees’ Retirement Fund or the Police and Firefighters’ Retirement Fund paid to disabled retired employees.

(Added to NRS by 1975, 1028; A 1979, 255; 2003, 2051)

NRS 286.040 “Employee” defined.

1. “Employee” means:

(a) A public officer of the State of Nevada or its political subdivisions.

(b) Any person employed by a public employer whose compensation is provided by the public employer and who is under the direction or control of officers of the public employer.

2. “Employee” does not include independent contractors or persons rendering professional services to an employer on a fee, retainer or contract basis.

3. The Board shall determine who are employees under this definition.

[Part 2:181:1947; A 1949, 174; 1951, 269; 1951, 324]—(NRS A 1959, 161; 1969, 219; 1975, 1029; 1979, 746)

NRS 286.042 “Firefighter” defined. “Firefighter” means a member who is:

1. Filling a full-time position with a participating public employer, the principal duties of which require emotional stability and physical capacity in protecting the public and controlling and extinguishing fires.

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

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

(b) Been promoted or transferred within the chain of command by the same public employer to a position related to protecting the public and controlling and extinguishing fires.

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

(a) Has earned at least 2 years of creditable service in that position; and

(b) Is employed by a different public employer in a position that would have been eligible under paragraph (b) of subsection 2 had he remained with his former employer.

(Added to NRS by 1975, 1028; A 1977, 1574; 1981, 444; 1987, 370; 2003, 2051)

NRS 286.045 “Independent contractor” defined. “Independent contractor” means any person who renders specified services for a stipulated fee who is not under the control of a public employer, except as regards the result of his work, and who does not receive employment benefits such as annual leave and group insurance.

(Added to NRS by 1975, 1028)

NRS 286.050 “Member” defined. “Member” means a person:

1. Who is employed by a participating public employer and who is contributing to the System; or

2. Who has previously been in the employ of a participating public employer and who has contributed to the System but who subsequently terminates such employment without withdrawing his contributions.

[Part 2:181:1947; A 1949, 174; 1951, 269; 1951, 324]—(NRS A 1975, 1029)

NRS 286.061 “Police officer” defined. “Police officer” means a member who is:

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

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

(b) Been promoted or transferred within the chain of command by the same public employer to a position related to the protection of the public and law enforcement.

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

(a) Has earned at least 2 years of creditable service in that position; and

(b) Is employed by a different employer in a position that would have been eligible under paragraph (b) of subsection 2 had he remained with his former employer.

(Added to NRS by 1975, 1028; A 1977, 1575; 1981, 501, 2013; 1985, 1982; 1987, 371)

NRS 286.065 “Postretirement increase” defined. “Postretirement increase” means the monthly cost-of-living increase added to the monthly payments of:

1. Persons receiving disability retirement allowances or service retirement allowances;

2. Beneficiaries of deceased members receiving allowances; and

3. Persons receiving monthly benefits for survivors,

Ê pursuant to the terms of this chapter.

(Added to NRS by 1975, 1028; A 1979, 255)

NRS 286.070 “Public employer” defined.

1. “Public employer” means the State, one of its agencies or one of its political subdivisions, the System, irrigation districts created under the laws of the State of Nevada, a public or quasi-public organization or agency that is funded, at least in part, by public money, including a regional transportation commission, a governing body of a charter school and a council of governments created pursuant to the laws of the State of Nevada.

2. State agencies are those agencies subject to state control and supervision, including those whose employees are governed by chapter 284 of NRS, unless specifically exempted therefrom, and those which deposit money with the State Treasurer.

[Part 2:181:1947; A 1949, 174; 1951, 269; 1951, 324]—(NRS A 1959, 12, 161; 1969, 219; 1973, 710; 1975, 1029; 1977, 1576; 1979, 255, 1110; 1987, 1395; 1999, 3319; 2003, 2051)

NRS 286.078 “Service” defined. “Service” means all creditable employment which is validated under the provisions of this chapter and can be used in determining eligibility and scope of benefits for members.

(Added to NRS by 1975, 1029)

NRS 286.080 “Service retirement allowance” defined. “Service retirement allowance” means monthly payments from the Public Employees’ Retirement Fund or the Police and Firefighters’ Retirement Fund paid to a retired employee for the remainder of his life.

[Part 2:181:1947; A 1949, 174; 1951, 269; 1951, 324]—(NRS A 1975, 1029; 1979, 256; 2003, 2052)

NRS 286.100 “System” defined. “System” means the Public Employees’ Retirement System established by this chapter.

[Part 2:181:1947; A 1949, 174; 1951, 269; 1951, 324]—(NRS A 1975, 1030)

NRS 286.110 Public Employees’ Retirement System: Establishment; review of System; use of state services; public inspection of records; liability of public employers.

1. A system of retirement providing benefits for the retirement, disability or death of employees of public employers and funded on an actuarial reserve basis is hereby established and must be known as the Public Employees’ Retirement System. The System is a public agency supported by administrative fees transferred from the retirement funds. The Executive and Legislative Departments of the State Government shall regularly review the System.

2. The System is entitled to use any services provided to state agencies and shall use the services of the Purchasing Division of the Department of Administration, but is not required to use any other service. The purpose of this subsection is to provide to the Board the necessary autonomy for an efficient and economic administration of the System and its program.

3. The official correspondence and records, other than the files of individual members or retired employees, and, except as otherwise provided in NRS 241.035, the minutes, audio recordings, transcripts and books of the System are public records and are available for public inspection.

4. The respective participating public employers are not liable for any obligation of the System.

[3:181:1947; 1943 NCL § 5230.03]—(NRS A 1975, 1030; 1977, 1576; 1993, 474, 1552; 1995, 524; 2005, 1409)

NRS 286.117 Limitations on review and copying of records; waiver. All records maintained for a member, retired employee or beneficiary may be reviewed and copied only by the System, the member, his public employer or spouse, or the retired employee or his spouse, or pursuant to a court order, or by a beneficiary after the death of the employee on whose account benefits are received. Any member, retired employee or beneficiary may submit a written waiver to the System authorizing his representative to review or copy all such records.

(Added to NRS by 1977, 1573)

ADMINISTRATION

NRS 286.120 System governed by Public Employees’ Retirement Board: Name; number of members; duties of Governor; removal of members.

1. The governing authority of the System shall be a board of seven persons appointed by the Governor.

2. The name of the board shall be the Public Employees’ Retirement Board.

3. The Governor shall review periodically the broad administrative policies and performance standards as they are being administered by the Board.

4. The Governor may remove and replace any Board member for cause shown.

[Part 4:181:1947; A 1949, 174; 1955, 23]—(NRS A 1973, 854, 1412)

NRS 286.130 Qualifications of members of Board; terms.

1. Three members of the Board must be persons who:

(a) Have had at least 10 years of service as employees of the State of Nevada or its political subdivisions;

(b) Are not elected officers of the State of Nevada or its political subdivisions;

(d) Are appointed from written nominations submitted by the following groups:

(1) Employees of the State and the Nevada System of Higher Education;

(2) The academic staff of school districts;

(3) Employees of cities, excluding Carson City;

(4) Employees of counties, including Carson City and excluding employees of county hospitals;

(5) Employees of county hospitals, public utilities, power districts, sanitation districts, classified school employees and employees of other districts as determined by the Board; and

(6) Employees whose current positions entitle them to participate in the Police and Firefighters’ Retirement Fund.

Ê Each nominee must be a member of the group or organization that is nominating him.

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

(a) Have had at least 10 years of service as employees of the State of Nevada or its political subdivisions;

(b) Are not elected officers of the State of Nevada or its political subdivisions;

(d) Are appointed from written nominations submitted by the following groups:

(1) Administrators of school districts or members of boards of trustees of school districts; and

(2) Members of boards of county commissioners or the governing bodies of cities or administrators of counties or cities.

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

(a) Is an employee of the State of Nevada or its political subdivisions with at least 10 years of service;

(b) Is serving in a position at least equivalent to the manager of a department or division;

(d) Is an active member of the System.

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

(a) Has had at least 10 years of service as an employee of the State of Nevada or its political subdivisions;

(b) Is not an elected officer of the State of Nevada or its political subdivisions; and

5. A member of the Board shall serve for 4 years, so long as he has the qualifications required by this section, and until his successor is appointed and takes office. A member of the Board who no longer has the qualifications specified in the subsection under which he was appointed may serve the remainder of his term if the member loses those qualifications in the final 24 months of his term.

[Part 5:181:1947; A 1949, 174; 1943 NCL § 5230.05]—(NRS A 1973, 1413; 1975, 1030; 1981, 445; 1987, 1522; 1991, 2355; 1993, 381; 2003, 2052)

NRS 286.150 Monthly meetings of Board; certain closed meetings; designation and term of Chairman.

1. The Board shall meet at least once a month.

2. Meetings of the Retirement Board with investment counsel which are limited to the planning of future investments or the establishment of investment objectives and policies, or with legal counsel which are limited to advice upon claims or suits by or against the System may be closed by the Board.

3. At its first meeting each year, the Board shall designate one of its members to serve as Chairman of the Board for the remainder of the year and until his successor is designated and takes office.

[Part 4:181:1947; A 1949, 174; 1955, 23]—(NRS A 1973, 854; 1977, 1576)

NRS 286.160 Persons employed by Board: Appointment; salaries; qualifications; other employment of Executive Officer prohibited; exceptions.

1. The Board shall employ an Executive Officer who serves at the pleasure of the Board. The Executive Officer shall select an Operations Officer, Investment Officer, Assistant Investment Officer, Manager of Information Systems, Administrative Assistant and Administrative Analyst whose appointments are effective upon confirmation by the Board. The Operations Officer, Investment Officer, Assistant Investment Officer, Manager of Information Systems, Administrative Assistant and Administrative Analyst serve at the pleasure of the Executive Officer.

2. The Executive Officer, Operations Officer, Investment Officer, Assistant Investment Officer, Manager of Information Systems, Administrative Assistant and Administrative Analyst are entitled to annual salaries fixed by the Board with the approval of the Interim Retirement and Benefits Committee of the Legislature created pursuant to NRS 218.5373. The salaries of these employees are exempt from the limitations of NRS 281.123.

3. The Executive Officer must:

(a) Be a graduate of a 4-year college or university with a degree in business administration or public administration or equivalent degree.

(b) Possess at least 5 years’ experience in a high level administrative or executive capacity, including responsibility for a variety of administrative functions such as retirement, insurance, investment or fiscal operations.

4. The Operations Officer, Investment Officer, Assistant Investment Officer, Manager of Information Systems and Administrative Analyst must each be a graduate of a 4-year college or university with a degree in business administration or public administration or an equivalent degree.

5. Except as otherwise provided in NRS 284.143, the Executive Officer shall not pursue any other business or occupation or perform the duties of any other office of profit during normal office hours unless on leave approved in advance. The Executive Officer shall not participate in any business enterprise or investment in real or personal property if the System owns or has a direct financial interest in that enterprise or property.

[Part 4:181:1947; A 1949, 174; 1955, 23] + [Part 7:181:1947; 1943 NCL § 5230.07] + [38:295:1953; A 1955, 553]—(NRS A 1967, 1493; 1971, 1429; 1973, 855; 1975, 1031; 1977, 1577; 1979, 746; 1981, 445; 1985, 1709; 1989, 1556; 1995, 250, 2319; 1997, 613; 1999, 3022; 2001, 2401; 2003, 2053)

NRS 286.170 Administration of System; compensation and removal of employees.

1. Subject to the limitations of this chapter and the budget prescribed by the Board, the System must be administered by the Executive Officer, an Investment Officer, an Operations Officer and a staff authorized by the Board and appointed by the Executive Officer with the approval of the Board.

2. The Board shall fix the salaries of the staff in accordance with the pay plan of the State for the classified service. No employee may be removed from the staff except in the manner provided for the classified service of the State.

[Part 4:181:1947; A 1949, 174; 1955, 23] + [Part 7:181:1947; 1943 NCL § 5230.07]—(NRS A 1967, 1493; 1971, 1430; 1973, 855; 1975, 1031; 1985, 391; 1989, 1557; 1991, 1970)

NRS 286.180 Compensation and expenses of members of Board.

1. Members of the Board are entitled to receive a fee of $80 per day for:

(a) Attendance at meetings of the Board;

(b) Any official function directly related to the System which is approved by the Board; or

(c) Necessary travel to attend a meeting of the Board or a conference or seminar on retirement or to perform an official function described in paragraph (b).

2. Fees and reimbursement for expenses must be paid from the Public Employees’ Retirement Administrative Fund.

3. Fees and reimbursement for expenses must be paid from commitment fees obtained from borrowers whenever the members of the Board hold special meetings or perform official functions, as described in paragraph (b) of subsection 1, which are limited solely to mortgage and real estate investments.

[Part 4:181:1947; A 1949, 174; 1955, 23]—(NRS A 1971, 1315; 1973, 855; 1975, 1032; 1977, 1577; 1979, 747; 1981, 446; 1985, 392, 1710)

NRS 286.190 General powers and duties of Board. The Board:

1. Has the powers and privileges of a body corporate and, subject to the limitations of this chapter, is responsible for managing the System.

2. Shall:

(a) Arrange for a biennial actuarial valuation and report of the actuarial soundness of the System to be prepared by an independent actuary based upon data compiled and supplied by employees of the System, and shall adopt actuarial tables and formulas prepared and recommended by the actuary.

(b) Provide for a biennial audit of the System, including the Administrative Fund, by an independent certified public accountant.

(c) Provide an annual report to the Governor, each member of the Legislature, each participating public employer, and each participating employee and employer association, and make the report available to all members upon request. The report must contain, when available, a review of the actuarial valuation required by paragraph (a).

3. May:

(a) Adjust the service or correct the records, allowance or benefits of any member, retired employee or beneficiary after an error or inequity has been determined, and require repayment of any money determined to have been paid by the System in error, if the money was paid within 6 years before demand for its repayment.

(b) Examine and copy personnel and financial records of public employers.

(c) Receive requests for membership from state, county or municipal entities which are not presently public employers, and determine whether or not any such entity and its employees qualify for membership as provided by this chapter.

(d) Require an annual notarized statement from a retired employee or beneficiary that he is in fact receiving an allowance or benefits, and withhold the allowance or benefits if he fails to provide the statement.

4. As used in this section, “error or inequity” means the existence of extenuating circumstances, including, but not limited to, a member’s reasonable and detrimental reliance on representations made by the System or by the public employer pursuant to NRS 286.288 which prove to be erroneous, or the mental incapacity of the member.

[Part 4:181:1947; A 1949, 174; 1955, 23]—(NRS A 1975, 1032; 1977, 1577; 1979, 747; 1981, 446; 1989, 1557)

NRS 286.200 Rules and regulations of Board: Procedure for adoption; conditions.

1. Subject to the limitations of this chapter, the Board shall, from time to time, establish rules and regulations for transacting its business and for administering the System as a public agency. The rules must include, without limitation, rules relating to the administration of the retirement plans in accordance with federal law.

2. No rule is effective until 10 days after all of the following conditions have been substantially met:

(a) A copy of the rule, in the form in which the Board proposes it, must be delivered, within 30 days after the Board proposes it, to all public employers participating in the System.

(b) As soon as a public employer receives a copy of the proposed rule, the public employer immediately shall cause the copy to be posted on a bulletin board or in some conspicuous place in or near its headquarters.

(c) If the Board deems a proposed rule to be of such length or of such other nature that it cannot feasibly be publicized by delivery and posting, a summary of the proposed rule must be delivered and posted in the manner and within the time required by paragraphs (a) and (b) of this subsection for copies of proposed rules.

(d) There must likewise be posted a notice stating that, at a specifically designated time and place at least 15 days after the delivery of the copy of the proposed rule or summary, a hearing on the proposed rule will be held, at which hearing all interested persons have an opportunity to be heard and after which the Board may adopt the proposed rule in the form in which it is originally proposed or with such amendments as are deemed necessary by the Board as a result of the hearing.

(e) A copy of the rule, in the form in which the Board finally adopts it, must be filed with the Secretary of State.

[6:181:1947; 1943 NCL § 5230.06]—(NRS A 2001, 2401)

NRS 286.211 Duties of Board: Police and Firefighters’ Retirement Fund.

1. The Board shall, with the advice of the Interim Retirement and Benefits Committee of the Legislature created pursuant to NRS 218.5373:

(a) Adopt regulations for the evaluation of requests for enrollment under the Police and Firefighters’ Retirement Fund; and

(b) Determine those positions eligible under the early retirement provisions for police officers and firefighters.

2. Service in any position which has not been determined by the Board to be eligible does not entitle a member to early retirement as a firefighter or police officer.

(Added to NRS by 1987, 370; A 1999, 3022; 2003, 2054)

NRS 286.215 Duties of Board: Calculation and determination of contributions, benefits and service credit related to qualified military service. Notwithstanding any other provision of this chapter, the Board shall provide for the calculation and determination of contributions, benefits and service credit relating to qualified military service as defined in section 414(u) of the Internal Revenue Code (26 U.S.C. § 414(u)).

(Added to NRS by 1997, 214)

NRS 286.220 Public Employees’ Retirement Fund.

1. The Board shall establish a fund known as the Public Employees’ Retirement Fund.

2. It is hereby declared to be the policy of the Legislature that the Public Employees’ Retirement Fund is a trust fund established to afford a degree of security to long-time public employees of the State and its political subdivisions. The money in the Fund must not be used or appropriated for any purpose incompatible with the policy of the Public Employees’ Retirement System, as expressed in NRS 286.015. The Fund must be invested and administered to assure the highest return consistent with safety in accordance with accepted investment practices.

3. The interest and income earned on the money in the Public Employees’ Retirement Fund, after deducting any applicable charges, must be credited to the Fund.

4. Money in the Public Employees’ Retirement Fund must be expended by the Board for the purpose of paying:

(a) Service retirement allowances;

(b) Disability retirement allowances;

(d) Benefits for survivors;

(e) Authorized refunds to members and their beneficiaries;

(f) Amounts equivalent to disability retirement allowances to be used by employers for rehabilitation; and

(g) Allowances to beneficiaries,

Ê and for the payment of expenses authorized by law to be paid from the Fund.

5. Contributions from members and from participating public employers to the Public Employees’ Retirement Fund must be deposited in a bank or credit union of reputable standing in the State of Nevada. Such deposits must be secured in a manner satisfactory to the Board.

6. All checks drawn upon the Public Employees’ Retirement Fund must be signed by two persons designated by the Board.

[Part 10:181:1947; A 1949, 174; 1953, 129]—(NRS A 1965, 89; 1973, 856, 997; 1975, 1033; 1977, 1578; 1979, 256; 1983, 1583; 1999, 1466)

NRS 286.225 Police and Firefighters’ Retirement Fund.

1. The Board shall establish a separate retirement fund known as the Police and Firefighters’ Retirement Fund.

2. All refunds, disability retirement allowances, benefits for survivors, and service retirement allowances paid to police officers and firefighters and their beneficiaries must be paid from the Police and Firefighters’ Retirement Fund.

3. All contributions paid by and for police officers and firefighters must be credited to the Police and Firefighters’ Retirement Fund.

4. The Police and Firefighters’ Retirement Fund must be administered by the Board and is subject to all restrictions and regulations applicable to the Board.

5. Any postretirement increase appropriated by the Legislature in accordance with this chapter must be paid to eligible retired police officers and firefighters and their beneficiaries from any such appropriation.

6. Investment return on moneys in the Police and Firefighters’ Retirement Fund must be deposited in that Fund at the end of each fiscal year based on annual average yield of the System.

7. The Board shall transfer appropriate employee and employer contributions made by and for members who transfer to and from the Public Employees’ Retirement Fund and the Police and Firefighters’ Retirement Fund.

(Added to NRS by 1975, 1033; A 1977, 1579; 1979, 257; 2003, 2054)

NRS 286.227 Police and Firefighters’ Retirement Fund Advisory Committee.

1. There is hereby created a Police and Firefighters’ Retirement Fund Advisory Committee. The Board shall determine the number of its members and appoint the members. Each member serves at the pleasure of the Board.

2. The Committee shall make recommendations to the Board concerning the administration of and benefits payable from the Police and Firefighters’ Retirement Fund. The Board shall consult with the Committee on all matters concerning this Fund, and consider its recommendations upon their merits.

(Added to NRS by 1977, 1572; A 2003, 2054)

NRS 286.230 Public Employees’ Retirement Administrative Fund.

1. The Board shall establish a fund known as the Public Employees’ Retirement Administrative Fund in which must be deposited all administrative fees.

2. The Board shall fix an administrative fee per capita sufficient to pay the operating expense of the System. Except as otherwise provided by NRS 1A.200 and 218.23745, the System shall transfer monthly from the respective retirement funds to the Public Employees’ Retirement Administrative Fund the amount of the per capita fee multiplied by the combined number of members and persons receiving allowances from that Fund.

3. The Board may establish a separate and additional administrative fee for police officers and firefighters and their public employers to pay the additional expense of maintaining a separate fund and to pay the actual and necessary travel expenses and other expenses, within the limits established by the Board, for meetings of the Police and Firefighters’ Retirement Fund Advisory Committee.

[Part 10:181:1947; A 1949, 174; 1953, 129]—(NRS A 1975, 1034; 1977, 1579; 1979, 748; 1981, 447; 1991, 2356; 2001 Special Session, 94; 2003, 2054)

NRS 286.241 Fund to pay accrued benefits that are not payable because of certain limitations; benefits paid from employer contributions.

1. The Board may establish a fund to pay the accrued benefits of a member that are not payable because of the limitations set forth in NRS 286.537. The fund must be established in accordance with the provisions of section 415(m) of the Internal Revenue Code (26 U.S.C. § 415(m)) and must be separate from the Public Employees’ Retirement Fund.

2. If the Board establishes a fund pursuant to subsection 1, the benefits that are required to be paid from the fund must be paid from a portion of the employer contributions required to be paid pursuant to NRS 286.450. The Board shall:

(a) Determine the amount of the employer contributions that must be allocated to the fund; and

(b) Deposit that amount in the fund before it deposits any remaining employer contributions in the Public Employees’ Retirement Fund.

(Added to NRS by 1997, 215)

NRS 286.260 Individual accounts of members; liability of Board upon return of contributions.

1. The Board shall provide for an individual account for each member of the System. Each account must show the amount of the member’s contributions to the Public Employees’ Retirement Fund or Police and Firefighters’ Retirement Fund and any changes in the account that may be legally authorized.

2. Any interest paid by a member with the repayment of withdrawn contributions or purchase of any service must not be credited to such member’s account.

3. The Board is relieved of any further liability regarding a member, his estate or a beneficiary upon the return of all employee contributions to the member, his estate or beneficiary or a combination thereof.

[Part 10:181:1947; A 1949, 174; 1953, 129]—(NRS A 1975, 1034; 2003, 2055)

NRS 286.265 Notice to Public Employees’ Benefits Program regarding certain changes in payment status of benefit recipients. The System shall provide to the Public Employees’ Benefits Program written notice regarding a change in the payment status of a recipient of benefits provided pursuant to this chapter that affects the eligibility of the recipient to participate in the Program. Such notice must be provided by the System to the Program, in a format agreed upon by the System and the Program, within 30 calendar days after the System is notified of the change in payment status.

(Added to NRS by 2003, 3259)

NRS 286.282 Chief of Budget Division to advise Governor concerning review of System’s policies and performance. The Chief of the Budget Division of the Department of Administration shall advise the Governor in the discharge of his responsibility for reviewing the System’s administrative policies and performance standards under this chapter.

(Added to NRS by 1973, 859; A 1983, 182)

NRS 286.287 Board to consider investments: Meetings; duties. The Board shall meet at least monthly to consider investments. At each of its meetings it shall:

1. Review, and if appropriate direct changes in, the investment portfolio of the System.

2. Recommend any appropriate changes in the investment objectives and policies.

3. Acknowledge and process investment suggestions forwarded to it by members of the System.

4. Provide for investment practice explanations to all members of the System when such explanations seem appropriate.

(Added to NRS by 1973, 859; A 1975, 1035; 1977, 1580)

NRS 286.288 Liaison officer between System and members or employers; responsibility of System for inaccurate or misleading information. Any participating public employer or group of such employers may select an employee as liaison officer to certify records and coordinate matters pertaining to retirement between the System and members or participating public employers. The System is responsible for any inaccurate or misleading information provided to any person or agency by an officer or employee of the System, but is not responsible for inaccurate or misleading information provided by any other person.

(Added to NRS by 1975, 1035; A 1979, 748)

MEMBERSHIP

NRS 286.290 Conditions for membership in System.

1. No person may become a member of the System unless he is in the service of a public employer.

2. Except as otherwise provided in this chapter, all public employers shall participate in the System and their employees shall be members of the System.

[Part 8:181:1947; A 1949, 174; 1951, 269]

NRS 286.293 Persons required to participate in System.

1. The following employees of public employers shall participate in the System:

(a) Those employed on or after July 1, 1977, in positions considered to be half-time or more according to the full-time work schedule established for that public employer.

(b) Elected officials or persons appointed to elective positions who are elected or appointed after July 1, 1975, except where excluded by NRS 286.297 and except justices of the peace and municipal judges who are allowed and who elect to participate in the Judicial Retirement Plan pursuant to NRS 1A.285.

(c) A member whose allowance is vested or who is contributing immediately before a legislative session who is employed on or after January 1, 1981, by either house of the Legislature or by the Legislative Counsel Bureau.

(d) A member of the Nevada Gaming Commission.

2. The Board shall establish standards for determining what constitutes a full-time work schedule pursuant to paragraph (a) of subsection 1.

(Added to NRS by 1975, 1038; A 1977, 1580; 1981, 448; 1999, 2616; 2005, 1000)

NRS 286.297 Persons excluded from membership in System. The following persons are not eligible to become members of the System:

1. Inmates of state institutions even though they may be receiving compensation for services performed for the institution.

2. Independent contractors or persons rendering professional services on a fee, retainer or contract basis.

3. Except as otherwise provided in NRS 286.525, persons retired under the provisions of this chapter who are employed by a participating public employer.

4. Members of boards or commissions of the State of Nevada or of its political subdivisions when such boards or commissions are advisory or directive and when membership thereon is not compensated except for expenses incurred. Receipt of a fee for attendance at official sessions of a particular board or commission does not constitute compensation for the purpose of this subsection.

5. Substitute teachers and students who are employed by the institution which they attend.

6. District judges and justices of the Supreme Court first elected or appointed on or after July 1, 1977, who are not enrolled in the System at the time of election or appointment.

7. Members of the professional staff of the Nevada System of Higher Education who are employed on or after July 1, 1977.

8. Persons employed on or after July 1, 1979, under the Comprehensive Employment and Training Act.

9. Except as otherwise provided in NRS 286.293, persons assigned to intermittent or temporary positions unless the assignment exceeds 6 consecutive months.

10. Persons employed on or after July 1, 1981, as part-time guards at school crossings.

11. Nurses who:

(a) Are not full-time employees;

(b) Are paid an hourly wage on a daily basis;

(d) Do not work a regular schedule or are requested to work for a shift at a time.

[Part 8:181:1947; A 1949, 174; 1951, 269]—(NRS A 1975, 1039; 1977, 1581; 1979, 750, 941; 1981, 449; 1983, 129; 1989, 1558; 1993, 382, 474; 1995, 524)

NRS 286.300 Purchase of credit for service: Requirements; sources; refund of contributions; defaults. Except as otherwise required as a result of NRS 286.537:

1. Any member of the System may, except as otherwise provided in subsection 5, purchase all previous creditable service performed with his present employing agency if that service was performed before the enrollment of his agency in the System, even if the service is still creditable in some other system where it cannot be cancelled. The public employer must certify the inclusive dates of employment and number of hours regularly worked by the member to validate the service. The member must pay the full actuarial cost as determined by the actuary.

2. In addition to the purchases authorized pursuant to the provisions of subsections 1 and 3, any member who has 5 years of creditable service may, except as otherwise provided in subsection 5, purchase up to 5 years of service. The member must pay the full actuarial cost of the service as determined by an actuary of the System.

3. In addition to the purchases authorized pursuant to the provisions of subsections 1 and 2 and in addition to any free credit received pursuant to NRS 286.303 and 286.479, any member who has 5 years of creditable service, served on active military duty during the period beginning on the date proclaimed by the President of the United States as the date on which Operation Desert Storm, Operation Enduring Freedom or Operation Iraqi Freedom began and was honorably discharged or released from active duty may, except as otherwise provided in subsection 5, purchase a number of months of service equal to the number of full months he served on active military duty, but in no case may the service purchased pursuant to this subsection exceed 3 years. The member must pay the full actuarial cost of the service as determined by an actuary of the System.

4. In addition to the purchases authorized pursuant to the provisions of subsections 1 and 3, any member who:

(a) Is a licensed teacher;

(b) Has 5 years of creditable service;

(d) Is employed by the board of trustees of a school district that has, pursuant to subsection 5 of NRS 391.180, provided for the payment of unused sick leave in the form of purchase of service,

Ê may, except as otherwise provided in subsection 5, cause to be purchased on his behalf service credit, not to exceed the number of hours of unused sick leave or 1 year, whichever is less. The full actuarial cost of the service as determined by an actuary of the System must be paid for such a purchase. Any service credit purchased pursuant to this subsection must be included as a part of, and is not in addition to, service purchased pursuant to subsection 2.

5. A person who becomes a member of the System for the first time on or after January 1, 2000, may, on or after July 1, 2001, purchase creditable service pursuant to subsection 1, 2 or 3, or cause to be purchased on his behalf service credit pursuant to subsection 4, only if, at the time of the purchase, he is employed by a participating public employer in a position eligible for membership in the System.

6. Any member of the System may use:

(a) All or any portion of the balance of the member’s interest in a qualified trust pursuant to section 401(a) of the Internal Revenue Code, 26 U.S.C. § 401(a); or

(b) The money contained in an individual retirement account or an individual retirement annuity of a member, the entire amount of which is:

(1) Attributable to a qualified distribution from a qualified trust pursuant to section 401(a) of the Internal Revenue Code, 26 U.S.C. § 401(a); and

(2) Qualified as an eligible rollover distribution pursuant to section 402 of the Internal Revenue Code, 26 U.S.C. § 402,

Ê to purchase creditable service pursuant to subsection 1, 2 or 3.

7. A member of the System who purchases creditable service pursuant to subsection 1, 2 or 3 is entitled to receive a refund of any contributions paid toward the purchase of the service only if he is no longer in the employ of a participating public employer.

8. If a member of the System enters into an agreement whereby he agrees to pay for the purchase of service credit in installments and he defaults on that agreement, the member is entitled to receive service credit in the proportion that the principal paid bears to the principal due under the agreement.

[Part 8:181:1947; A 1949, 174; 1951, 269]—(NRS A 1960, 472; 1963, 986; 1969, 854; 1975, 1035; 1979, 257, 748, 1110; 1981, 110, 447; 1985, 1710; 1989, 1559; 1991, 2357; 1999, 1558, 2617; 2001, 2402; 2003, 2055; 2005, 949)

NRS 286.3005 Purchase of credit for service: Public employer may purchase credit for member. A state agency may purchase credit for service on behalf of a member only as provided in NRS 286.3007. Except as otherwise required as a result of NRS 286.537 or 391.165, any other public employer may pay any portion of the cost to purchase credit for service under NRS 286.300, but is not required to do so. No credit may be validated unless the cost of purchasing credit has been paid.

(Added to NRS by 1979, 759; A 1981, 111; 1985, 1022, 1711; 1989, 1560; 1991, 2357; 1999, 1965)

NRS 286.3007 Purchase by state agency of credit for service: Conditions. Except as otherwise required as a result of NRS 286.537:

1. A state agency may enter into an agreement to pay the cost of purchasing credit for service pursuant to NRS 286.300 on behalf of a member if:

(a) The agency enters into the agreement before the member is employed;

(b) The member is employed upon the condition that the employer pay the cost of purchasing the credit; and

(c) The agreement to pay the cost of purchasing the credit is in writing, becomes part of the personnel records of the employee and is approved in advance by the State Board of Examiners.

2. If a state agency is authorized to purchase credit pursuant to subsection 1, it shall not do so until the member has completed 1 year of service in its employ.

3. If a state agency is required to reduce the number of its employees, it shall purchase credit for service pursuant to NRS 286.300 for any member who:

(a) Is eligible to purchase credit;

(b) Is eligible to retire or will be made eligible by the purchase of the credit;

(d) Has been employed by the agency for 5 or more years.

4. If a state agency is required to purchase credit pursuant to subsection 3, it shall pay 5 percent of the cost of purchasing the credit and an additional 5 percent of the cost for each year that the person has been employed by the agency in excess of the minimum requirement of 5 years.

(Added to NRS by 1985, 1022; A 1991, 2357; 1999, 1198)

NRS 286.301 Credit for free prior service. A member who met all requirements for free prior service but who did not have 10 years of service credit as of July 1, 1975, is entitled to credit for free prior service as soon as he acquires the necessary 10 years of service credit.

(Added to NRS by 1977, 1573)

NRS 286.303 Free credit for military service. A member who met all requirements for free military credit as of May 19, 1975, but who did not have 5 years of consecutive service credit after his return from the Armed Forces, is entitled to free credit for military service as soon as he attains 5 years of consecutive service credit under the System.

(Added to NRS by 1977, 1573)

NRS 286.365 Eligibility of civilian employees of Nevada National Guard for membership in System.

1. Notwithstanding the provisions of any other section of this chapter, the Nevada National Guard shall be deemed an employing agency of the State of Nevada for the purpose of membership of the civilian employees of the Nevada National Guard in the System.

2. Except as otherwise required as a result of NRS 286.537, the membership of the civilian employees of the Nevada National Guard in the System may be retroactive at the option of the individual employee upon payment of all employee contributions for prior service. Contributions for prior service may be paid as provided in NRS 286.440.

3. No civilian employee of the Nevada National Guard is entitled to become or continue as a member of the System if he has or obtains retirement coverage for his position as a civilian employee under a retirement program administered by the United States Government, to the end that no dual coverage results.

(Added to NRS by 1960, 296; A 1991, 2358)

1. The volunteers of a regularly organized and recognized fire department may, by the joint application of a majority of those volunteers addressed to the Board, become members of the System. A volunteer firefighter who joins a fire department of which all the volunteers have become members of the System becomes a member of the System. The volunteers of a participating fire department may withdraw from the System by the joint application of a majority of those volunteers addressed to the Board.

2. The city, town, county or district which recognizes the volunteers is the public employer and shall collect and pay over the employee’s share and pay the employer’s share of the contribution to the Public Employees’ Retirement Fund and the Public Employees’ Retirement Administrative Fund, in the manner prescribed in this chapter. The local government may, if so requested by the volunteers, further contribute any amount by which the sum receivable by each volunteer for any month is less than the amount of his required share of the contribution, but no further contributions may be placed in a volunteer’s account with the System or refunded to a volunteer or his employer upon the volunteer’s termination.

3. In determining the amount of contributions to be paid for the volunteers, they are assumed to be receiving a wage established by the local government which is not less than $150 nor more than $2,000 per month.

4. Except as otherwise required as a result of NRS 286.535 or 286.537, the average compensation for a volunteer firefighter is the weighted average of:

(a) The assumed wage as a volunteer firefighter; and

(b) The average salary in other covered employment which, if the service in that employment exceeds 3 years, is calculated upon the 3 highest consecutive years.

Ê The weight given to the assumed wage and average salary, respectively, is proportionate to the length of service in each capacity. Except as otherwise required as a result of NRS 286.535 or 286.537, average compensation is computed from the sum of the assumed wage and actual salary if a member is employed simultaneously as a volunteer firefighter and as a regular member.

5. Any dispute over the status of a person as a volunteer firefighter under this section must be conclusively determined by the Board.

6. A volunteer firefighter may purchase all previous service as a volunteer firefighter with any volunteer fire department which is a member of the System. To validate such service, the volunteer firefighter must pay the full cost as determined by the actuary. The employing agency may pay the employer’s share of the cost but is not required to do so.

7. In addition to the purchases authorized pursuant to the provisions of subsections 6 and 8, a volunteer firefighter who has 5 years of creditable service as a volunteer firefighter may purchase up to 5 years of service to add to his volunteer service. The member must pay the full actuarial cost of the service as determined by an actuary of the System.

8. In addition to the purchases authorized pursuant to the provisions of subsections 6 and 7 and in addition to any free credit received pursuant to NRS 286.303 and 286.479, a volunteer firefighter who has 5 years of creditable service as a volunteer firefighter, served on active military duty during the period beginning on the date proclaimed by the President of the United States as the date on which Operation Desert Storm, Operation Enduring Freedom or Operation Iraqi Freedom began and was honorably discharged or released from active duty may purchase a number of months of service equal to the number of full months he served on active military duty, but in no case may the service purchased pursuant to this subsection exceed 3 years. The member must pay the full actuarial cost of the service as determined by an actuary of the System.

(Added to NRS by 1969, 1147; A 1975, 1039; 1977, 1582; 1985, 791, 1711; 1989, 1561; 1991, 2359; 2003, 2056; 2005, 889, 950)

NRS 286.370 Procedure for integration of previously established retirement systems.

1. Employees whose membership in a previously established retirement system excludes them from membership in the System established by this chapter may apply to the Board in writing for the former system to be integrated into the latter System and for them to become members of the latter System. Whenever two-thirds of them and their employer, through its governing body, chief official or department head so apply, the Board may:

(a) Cause a financial and actuarial investigation of the proposed integration to be made, the cost of which shall be borne by the previously established system; and

(b) Upon such terms as are set forth in a contract between the Board and the employer, integrate the previously established system into the System established by this chapter.

2. The contract shall have no effect until notice and hearing regarding it are afforded in the manner prescribed in NRS 286.200 for the promulgation of rules by the Board.

3. Nothing in this chapter nor any action taken pursuant to it shall reduce or impair the benefits which employees who are receiving benefits from a retirement system integrated with the System provided by this chapter would have received had the integration not been effected.

[9(1):181:1947; 1943 NCL § 5230.09]

NRS 286.385 Public employee on leave of absence to serve in Nevada Legislature may remain member of System. Except as otherwise required as a result of NRS 286.535 or 286.537:

1. A public employee on a leave of absence to serve in the Nevada Legislature may remain a contributing member of the System during the leave of absence if retirement contributions to the System are paid by the Legislator at the contribution rate otherwise applicable to him as a public employee during the period in which he is on the leave of absence to serve in the Nevada Legislature.

2. When a public employee on a leave of absence to serve in the Nevada Legislature continues to be a contributing member of the System pursuant to subsection 1, the employee shall pay the contributions required directly to the System. The System shall ensure that the employer of the public employee who is on a leave of absence to serve in the Nevada Legislature provides to the System documentation of the period during which the employee is on the leave of absence. The public employer is not required to pay the employer contribution during the leave of absence.

3. A public employee on a leave of absence to serve in the Nevada Legislature may elect to have the amount deducted pursuant to NRS 218.2387 paid to the System to partially offset the contributions that the employee is required to pay to remain a member of the System.

4. A public employee who makes the election authorized pursuant to this section does not accrue any service credit for retirement under the Legislators’ Retirement System after the date of his election pursuant to this section becomes effective.

5. For the purposes of this section, “compensation” shall be deemed to be the salary paid for the position from which the employee is on leave.

(Added to NRS by 1999, 2615)

NRS 286.391 Public employee on leave to work for employee or employer association may remain member of System; purchase of credit for service.

1. A public employee on leave to work for a recognized employee or employer association may remain a member of the System if retirement contributions to the System are continued.

2. When an employee on leave continues to be a member of the System, the public employer from whom the employee is on leave shall include the payment of the contributions and all other required information on his regular monthly retirement report as provided in NRS 286.460. The public employer is not required to pay the employer contribution.

3. Except as otherwise required as a result of NRS 286.535 or 286.537, for the purposes of this section, “compensation” shall be deemed to be the salary paid for the position from which the employee is on leave.

4. Except as otherwise required as a result of NRS 286.537, any member of the System may purchase credit for any period on or after July 1, 1947, for which contributions were not paid, which qualifies under this section. The member must pay the full actuarial costs determined by the actuary.

(Added to NRS by 1981, 443; A 1985, 1712; 1991, 2360)

NRS 286.401 Termination of membership; rights of retired employee. Membership of an employee in the System terminates upon:

1. The death of a member.

2. The withdrawal of contributions from a member’s account.

3. Receipt of retirement allowances by a member.

4. Receipt of disability allowances by a member.

Ê A retired employee is not entitled to any right conferred by this chapter upon a member unless the provision conferring that right expressly states that it is conferred upon a retired employee.

(Added to NRS by 1975, 1040; A 1977, 1583)

CONTRIBUTIONS

NRS 286.410 Amount of contribution by member of System; deduction from payroll; return of contributions; disabled members.

1. The employee contribution rate must be:

(a) The matching contribution rate for employees and employers that is actuarially determined for police officers and firefighters and for regular members, depending upon the retirement fund in which the member is participating.

(b) Adjusted on the first monthly retirement reporting period commencing on or after July 1 of each odd-numbered year based on the actuarially determined contribution rate indicated in the biennial actuarial valuation and report of the immediately preceding year. The adjusted rate must be rounded to the nearest one-quarter of 1 percent.

2. The employee’s portion of the matching contribution rate for employees and employers must not be adjusted in accordance with the provisions of paragraph (b) of subsection 1 if the existing rate is within one-quarter of 1 percent of the actuarially determined rate.

3. From each payroll during the period of his membership, the employer shall deduct the amount of the member’s contributions and transmit the deduction to the Board at intervals designated and upon forms prescribed by the Board. The contributions must be paid on compensation earned by a member from his first day of service.

4. Any employee whose position is determined after July 1, 1971, to be eligible under the early retirement provisions for police officers and firefighters shall contribute the additional contributions required of police officers and firefighters from July 1, 1971, to the date of his enrollment under the Police and Firefighters’ Retirement Fund, if employment in this position occurred before July 1, 1971, or from date of employment in this position to the date of his enrollment under the Police and Firefighters’ Retirement Fund, if employment occurs later.

5. Except as otherwise provided in NRS 286.430, the System shall guarantee to each member the return of at least the total employee contributions which the member has made and which were credited to his individual account. These contributions may be returned to the member, his estate or beneficiary or a combination thereof in monthly benefits, a lump-sum refund or both.

6. Disabled members who are injured on the job and receive industrial insurance benefits for temporary total disability remain contributing members of the System for the duration of the benefits if and while the public employer continues to pay the difference between these benefits and his regular compensation. The public employer shall pay the employer contributions on these benefits.

[Part 14:181:1947; A 1949, 174; 1951, 76, 269]—(NRS A 1959, 880; 1963, 987; 1965, 401; 1967, 741; 1969, 855; 1971, 622; 1973, 1413; 1975, 1040; 1977, 1583; 1981, 449; 1983, 479; 1985, 1713; 1993, 475; 2003, 2057)

NRS 286.421 Payment of contributions by employer on behalf of employee; average compensation; total rate of contribution.

1. A public employer that elected to pay on behalf of its employees the contributions required by subsection 1 of NRS 286.410 before July 1, 1983, shall continue to do so, but a public employer may not elect to pay those contributions on behalf of its employees on or after July 1, 1983.

2. An employee of a public employer that did not elect to pay on behalf of its employees the contributions required by subsection 1 of NRS 286.410 before July 1, 1983, may elect to:

(a) Pay the contribution required by subsection 1 of NRS 286.410 on his own behalf; or

(b) Have his portion of the contribution paid by his employer pursuant to the provisions of NRS 286.425.

3. Except for any person chosen by election or appointment to serve in an elective office of a political subdivision or as a district judge or a justice of the Supreme Court of this State :

(a) Payment of the employee’s portion of the contributions pursuant to subsection 1 must be:

(1) Made in lieu of equivalent basic salary increases or cost-of-living increases, or both; or

(2) Counterbalanced by equivalent reductions in employees’ salaries.

(b) The average compensation from which the amount of benefits payable pursuant to this chapter is determined must be increased with respect to each month beginning after June 30, 1975, by 50 percent of the contribution made by the public employer, and must not be less than it would have been if contributions had been made by the member and the public employer separately. In the case of any officer or judge described in this subsection, any contribution made by the public employer on his behalf does not affect his compensation but is an added special payment.

4. Employee contributions made by a public employer must be deposited in either the Public Employees’ Retirement Fund or the Police and Firefighters’ Retirement Fund as is appropriate. These contributions must not be credited to the individual account of the member and may not be withdrawn by the member upon his termination.

5. The membership of an employee who became a member on or after July 1, 1975, and all contributions on whose behalf were made by his public employer must not be cancelled upon the termination of his service.

6. If an employer is paying the basic contribution on behalf of an employee, the total contribution rate, in lieu of the amounts required by subsection 1 of NRS 286.410 and NRS 286.450, must be:

(a) The total contribution rate for employers that is actuarially determined for police officers and firefighters and for regular members, depending upon the retirement fund in which the member is participating.

7. The total contribution rate for employers must not be adjusted in accordance with the provisions of paragraph (b) of subsection 6 if the existing rate is within one-half of 1 percent of the actuarially determined rate.

8. For the purposes of adjusting salary increases and cost-of-living increases or of salary reduction, the total contribution must be equally divided between employer and employee.

9. Public employers other than the State of Nevada shall pay the entire employee contribution for those employees who contribute to the Police and Firefighters’ Retirement Fund on and after July 1, 1981.

(Added to NRS by 1975, 1042; A 1977, 1584; 1979, 941; 1981, 440; 1983, 1647, 1930, 2048; 1985, 1713, 1983; 1987, 372; 1989, 1023; 1991, 469; 1993, 476; 1999, 3329; 2003, 2058)

NRS 286.425 Election by employee to have employer pay contributions. At any time after January 1, 1984, an employee who is paying the employee’s contribution on his own behalf may elect to have his portion of the contribution paid by his employer in the manner provided in NRS 286.421. An employee who makes such an election may not thereafter convert to paying his own contributions.

(Added to NRS by 1983, 1930)

NRS 286.430 Withdrawal of contributions.

1. Except as otherwise provided in subsection 8 and NRS 286.300, a member may withdraw the employee contributions credited to his individual account if:

(a) He has terminated service for which contribution is required; or

(b) He is employed in a position for which contribution is prohibited.

2. The System shall not refund these contributions until it has received:

(a) A properly completed application for refund;

(b) A notice of termination from the member’s public employer or a certification by the public employer that the member is employed in a position for which contribution is prohibited; and

3. If a member submits an application for a refund of his contributions before all of his contributions which were withheld have been remitted, the System may refund the portion of his contributions which it has received.

4. If it is determined, after the System has refunded the contributions of a member, that an additional amount of less than $10 is due to him, a refund of that amount need not be paid.

5. Refunds, pursuant to this section, must be made by check mailed to the address specified by a member in his application for refund.

6. The System shall transfer all money retained pursuant to subsection 4 and the amount of any unclaimed refund checks to the Public Employees’ Retirement Fund or the Police and Firefighters’ Retirement Fund.

7. All membership rights and active service credit in the System, including service for which the public employer paid the employee contributions, are cancelled upon the withdrawal of contributions from a member’s account.

8. A member who transfers to a position for which contribution is prohibited must remain in that position for at least 90 days before he is eligible to receive a refund pursuant to this section.

[Part 16:181:1947; A 1949, 174; 1951, 269; 1955, 117]—(NRS A 1963, 988; 1965, 955; 1975, 1043; 1977, 1585; 1979, 258; 1981, 450; 1983, 480; 1987, 681; 2001, 2403; 2003, 2059)

NRS 286.435 Repayment upon retroactive reinstatement. Except as otherwise required as a result of NRS 286.537:

1. Any member whose employment is involuntarily terminated and who is thereafter reinstated retroactively to employment with a participating public employer by order of any administrative or judicial authority, or by the terms of any settlement agreement, shall pay to the System:

(a) Any employee contributions which were refunded to him;

(b) Any service or disability allowance which was paid to him;

(d) The interest on any amount due from the date on which:

(1) He received the money to be repaid pursuant to paragraph (a) or (b); and

(2) Each contribution would have been made on the money due pursuant to paragraph (c),

Ê to the date of payment at the assumed investment income rate used in the most recent actuarial valuation of the System.

2. The employer shall deduct from any back pay awarded or granted to the member all money due pursuant to subsection 1 and forward this amount to the System. If the amount of back pay awarded or granted to the member is not sufficient to pay all of the money due pursuant to subsection 1, the member shall pay any balance due to the System under a reasonable plan for payment established by the System.

3. Upon receipt by the System of the full amount due pursuant to subsection 1, the member is entitled to all the membership rights and service credit which were cancelled by his involuntary termination.

(Added to NRS by 1983, 491; A 1989, 1562; 1991, 2360)

NRS 286.440 Redeposit of withdrawn contributions upon return to service: Procedure.

1. Whenever a member, who has previously withdrawn the amount credited to him as provided in NRS 286.430, returns to the service of a public employer participating in the System and remains a contributing member for 6 months, he may:

(a) Make repayment in a lump sum plus interest from the date he withdrew his contributions to the date of repayment; or

(b) With the approval of the Executive Officer, enter into an agreement containing a schedule of payments to repay the withdrawn contributions plus interest from the date of withdrawal to the date of repayment. Payments shall not be less than $10 per month.

Ê For the purposes of this subsection, interest shall be computed at the assumed investment income rate used in the actuarial valuation of the System next preceding the date of repayment under paragraph (a) or agreement under paragraph (b).

2. Upon redepositing his withdrawn contributions, with interest, the member shall have restored completely his previous service credit which had been relinquished by the withdrawal of such contributions. If a member fails to perform fully an agreed repayment schedule, he is entitled to service credit for previous service in the same proportion that his repayment of withdrawn contributions bears to the total amount of withdrawn contributions.

[Part 16:181:1947; A 1949, 174; 1951, 269; 1955, 117]—(NRS A 1961, 162; 1963, 988; 1967, 742; 1973, 1415; 1975, 1044; 1977, 1586)

NRS 286.450 Rate of contributions by public employer.

1. The employer contribution rate must be:

2. The employer’s portion of the matching contribution rate for employees and employers must not be adjusted in accordance with the provisions of paragraph (b) of subsection 1 if the existing rate is within one-quarter of 1 percent of the actuarially determined rate.

[15:181:1947; A 1949, 174; 1951, 269; 1953, 129]—(NRS A 1959, 881; 1963, 989; 1967, 743; 1969, 858; 1971, 623; 1973, 1416; 1975, 1045; 1977, 1586; 1981, 451; 1985, 1714; 1987, 373; 1993, 477; 2003, 2060)

NRS 286.460 Remittance of contributions by public employers.

1. Each participating public employer which pays compensation to its officers or employees in whole or in part from money received from sources other than money appropriated from the State General Fund, shall pay public employer contributions, or the proper portion thereof, to the System from the money of the department, board, commission or agency.

2. Public employer contributions for compensation paid from the State General Fund must be paid directly by each department, board, commission or other agency concerned, and allowance therefor must be made in the appropriation made for each department, board, commission or other state agency.

3. All participating public employers that are required to make payments pursuant to this section shall file payroll reports not later than 15 days after the end o

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Chapter 286 — Public Employeesâ€™ Retirement

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