2009 Nebraska Code
Chapter 85 STATE UNIVERSITY, STATE COLLEGES, AND POSTSECONDARY EDUCATION
85-106 Board of Regents; general powers; duties; retirement benefits; requirements.

85-106. Board of Regents; general powers; duties; retirement benefits; requirements.

The Board of Regents shall have the power:

(1) To enact laws for the government of the university;

(2) To elect a president, vice presidents, chancellors, vice chancellors, deans, associate deans, assistant deans, directors, associate directors, assistant directors, professors, associate professors, assistant professors, instructors, other members of the faculty staff, and employees generally of the university and to provide for academic tenure for professors, associate professors, and assistant professors;

(3) To prescribe the duties of such persons not inconsistent with section 85-1,105;

(4) To fix their compensation;

(5) To provide, in its discretion, retirement benefits for present and future employees of the university, subject to the following:

(a) The cost of such retirement benefits shall be funded in accordance with sound actuarial principles with the necessary contributions for both past service and future service being treated in the university budget in the same way as any other operating expense;

(b) The university contribution under any such retirement plan shall be (i) the rate established by the Board of Regents and not more than eight percent of each university employee's full-time salary or wage earnings for any calendar year before any agreement for reduction of salary or wage earnings and (ii) pursuant to an agreement for reduction of salary or wage earnings, the amount of the reduction of salary or wage earnings;

(c) Each employee's contribution shall be the rate established by the Board of Regents and shall not be required to exceed the university's contribution under subdivision (5)(b)(i) of this section, except that in lieu of making such contribution, each such employee may enter into an agreement for reduction of salary or wages for the purchase by the Board of Regents of annuity contracts for such employee, under the provisions of the Internal Revenue Code, but the amount of the reduction of salary or wages allowable under this subdivision may not include credit for service prior to March 29, 1972;

(d) The retirement benefits of any employee for service prior to September 1, 1961, shall be those provided under the retirement plan then in force, which benefits shall not be abridged, except that such retirement benefits shall become fully vested in the event of an employee's termination of employment if such employee has at least ten years of service at the date of termination;

(e) Continued contributions to the system until the date of retirement as provided in section 85-606; and

(f) The investment of retirement funds shall be pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act, but no change in the type of investment of such funds shall be made without the prior approval of the Board of Regents;

(6) To equalize and provide for uniform benefits for all present and future employees, including group life insurance, group hospital-medical insurance, group long-term disability income insurance, and retirement benefits;

(7) To provide, through the University Extension Division, for the holding of classes at various localities throughout the state avoiding unnecessary duplication of courses offered by other educational institutions in such localities and consistent with the orders of the Coordinating Commission for Postsecondary Education issued pursuant to sections 85-1413 and 85-1414;

(8) To remove the president, vice presidents, chancellors, vice chancellors, deans, associate deans, assistant deans, directors, associate directors, assistant directors, professors, associate professors, assistant professors, instructors, other members of the faculty staff, and employees generally, when the interests of the university require it; and

(9) To pay expenses for recruitment of academic, administrative, professional, and managerial personnel.

The Board of Regents shall institute a continuing program of preventive maintenance and a program of deferred maintenance consistent with the provisions of the Deferred Building Renewal Act and shall consult with the Nebraska Arts Council and acquire works of art for the original construction of any public building under its supervision consistent with sections 82-317 to 82-329 and 85-106.01 to 85-106.03.

Source

Laws 1869, § 6, p. 173;
Laws 1875, § 2, p. 154;
R.S.1913, § 7086;
C.S.1922, § 6718;
C.S.1929, § 85-106;
R.S.1943, § 85-106;
Laws 1949, c. 311, § 1, p. 1028;
Laws 1959, c. 458, § 1, p. 1524;
Laws 1959, c. 459, § 1, p. 1526;
Laws 1967, c. 621, § 1, p. 2083;
Laws 1969, c. 848, § 1, p. 3190;
Laws 1969, c. 849, § 1, p. 3191;
Laws 1969, c. 584, § 120, p. 2423;
Laws 1972, LB 1176, § 1;
Laws 1973, LB 248, § 2;
Laws 1973, LB 149, § 2;
Laws 1973, LB 423, § 1;
Laws 1977, LB 309, § 20;
Laws 1978, LB 664, § 9;
Laws 1980, LB 817, § 1;
Laws 1981, LB 463, § 2;
Laws 1991, LB 663, § 59;
Laws 1994, LB 1066, § 134;
Laws 1995, LB 574, § 89.

Cross References

Deferred Building Renewal Act, see section 81-190.
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
State Capitol, improvement district, powers of board, see section 81-1108.31.