2005 Nevada Revised Statutes - Chapter 1A — Judicial Retirement

CHAPTER 1A - JUDICIAL RETIREMENT

GENERAL PROVISIONS

NRS 1A.010 Definitions.

NRS 1A.020 Boarddefined.

NRS 1A.030 Compensationdefined.

NRS 1A.040 Disabilityretirement allowance defined.

NRS 1A.050 JudicialRetirement Plan defined.

NRS 1A.060 Retiredjustice or judge defined.

NRS 1A.070 Servicedefined.

NRS 1A.080 Serviceretirement allowance defined.

NRS 1A.090 Systemdefined.

NRS 1A.100 JudicialRetirement System: Establishment; public inspection of records; administrationby Public Employees Retirement Board; legislative review.

NRS 1A.110 Limitationson review and copying of records; waiver.

NRS 1A.120 Rightto benefits not subject to taxes, process, bankruptcy, assignment or assessmentfor impairment or insolvency of insurance company; exceptions.

NRS 1A.130 Applicationfor allowances for service retirement or disability retirement; effective dateof retirement; rights of present or former spouse; System exempted fromliability for false designation of marital status by member or justice or judgewho retires.

NRS 1A.140 Personconvicted of murder or voluntary manslaughter of member of System ineligible toreceive benefits.

NRS 1A.150 Falsestatement or certification; withholding of information.

ADMINISTRATION

NRS 1A.160 JudicialRetirement Fund: Establishment; policy; sources; payments.

NRS 1A.170 Administrationand investment of Judicial Retirement Fund.

NRS 1A.180 Contributionsto Judicial Retirement Fund; adjustment of contribution rate.

NRS 1A.190 Transferof unpaid check for benefits or refund to Judicial Retirement Fund; claim forpayment of money; period of limitation.

NRS 1A.200 JudicialRetirement Administrative Fund; administrative fees.

NRS 1A.210 Fundto pay accrued benefits that are not payable because of certain limitations;benefits paid from fund.

NRS 1A.220 Systemmanaged by Public Employees Retirement Board; general powers and duties ofBoard.

NRS 1A.230 Actuarialassumptions used in computing benefits: Availability; changes prohibited.

NRS 1A.240 Personsreceiving benefits from System entitled to cost-of-living increases.

NRS 1A.250 Administrationof accounts of members and recipients of benefits.

MEMBERSHIP

NRS 1A.260 Conditionsfor membership in System. [Effective through June 30, 2009.]

NRS 1A.260 Conditionsfor membership in System. [Effective July 1, 2009.]

NRS 1A.270 Membershipof Supreme Court justices and district judges who are elected, reelected orappointed on or after November 5, 2002; membership of Supreme Court justicesand district judges who are serving on November 5, 2002; restriction onbenefits.

NRS 1A.280 Withdrawalfrom Public Employees Retirement System to become member of JudicialRetirement Plan; transfer of liability and service; reestablishment of serviceprohibited; restriction on benefits.

NRS 1A.285 Membershipof justices of the peace and municipal judges; withdrawal from PublicEmployees Retirement System to become member of Judicial Retirement Plan;transfer of liability and service; reestablishment of service prohibited;restriction on benefits.

NRS 1A.290 Terminationof membership; rights of justices or judges who have retired.

JUDICIAL RETIREMENT PLAN

General Provisions

NRS 1A.300 Establishment;members; benefits.

NRS 1A.310 Purchaseof credit for service: Requirements; sources; installments.

 

Service and Vesting of Allowances and Benefits

NRS 1A.320 Servicecredit: Commencement; termination.

NRS 1A.330 Servicecredited in another system ineligible; exception.

NRS 1A.340 Timeof vesting; vesting of benefits upon termination of System.

 

Retirement

NRS 1A.350 Eligibility:Age and service; reduction of benefit for retirement before required age.

NRS 1A.360 Reemploymentof retired justice or judge: Consequences; payment of contributions for justiceor judge who does not enroll in Plan. [Effective through June 30, 2009.]

NRS 1A.360 Employmentof retired justice or judge: Consequences; payment of contributions for justiceor judge who does not enroll in Plan. [Effective July 1, 2009.]

NRS 1A.370 Reemploymentof retired justice or judge: Reenrollment in Plan; rights of membership;accrual of credit for service. [Effective through June 30, 2009.]

NRS 1A.370 Employmentof retired justice or judge: Enrollment in Plan; rights of membership; accrualof credit for service; benefits for survivor. [Effective July 1, 2009.]

NRS 1A.380 Inapplicabilityof various provisions if certain retired Supreme Court justices or districtjudges are employed in positions with critical labor shortages. [Expired bylimitation.]

 

Benefits

NRS 1A.390 Limitationon distributions to members.

NRS 1A.400 Limitationon compensation used to determine retirement benefit.

NRS 1A.410 Limitationson benefits and contributions.

NRS 1A.420 Prohibitionagainst applying forfeitures to increase benefits.

NRS 1A.430 Consentof spouse to retirement plan of member.

NRS 1A.440 Determinationof monthly allowance for service retirement.

NRS 1A.450 Optionalplans: Alternatives to unmodified allowance for service retirement.

NRS 1A.460 Optionalplans: Death of beneficiary; change of selection; effective date of terminationor adjustment of allowance. [Effective through June 30, 2009.]

NRS 1A.460 Optionalplans: Death of beneficiary; change of selection; effective date of terminationor adjustment of allowance. [Effective July 1, 2009.]

NRS 1A.470 Optionaldeduction from benefits for payment of premium or contribution for groupinsurance or other obligations; regulations; exemption of Executive Officer,Board and System from liability for errors or omissions.

NRS 1A.480 Disabilityretirement allowance: Eligibility; calculation of amount; beneficiaries;effective date of termination or adjustment of allowance.

NRS 1A.490 Disabilityretirement allowance: Applicability of certain provisions.

NRS 1A.500 Disabilityretirement allowance: Cancellation.

NRS 1A.510 Disabilityretirement allowance: Consequences of employment of recipient.

NRS 1A.520 Paymentof allowance or benefit to alternate payee pursuant to domestic relationsorder.

 

Benefits for Survivors

NRS 1A.530 Definitions.

NRS 1A.540 Childdefined.

NRS 1A.550 Dependentparent defined.

NRS 1A.560 Spousedefined.

NRS 1A.570 Eligibility.

NRS 1A.580 Paymentsto child of deceased member.

NRS 1A.590 Paymentsto spouse of deceased member.

NRS 1A.600 Paymentsto spouse of deceased member who had 10 or more years of creditable service.

NRS 1A.610 Paymentsto spouse if deceased member was eligible to retire.

NRS 1A.620 Designationof survivor beneficiary and additional payees by member.

NRS 1A.630 Paymentsto survivor beneficiary of and to additional payees designated by deceasedmember.

NRS 1A.640 Paymentsto survivor beneficiary of and to additional payees designated by deceasedmember who had 10 or more years of creditable service.

NRS 1A.650 Paymentsto survivor beneficiary and to additional payees designated by deceased memberif deceased member was eligible to retire.

NRS 1A.660 Paymentsto dependent parents; conditions.

NRS 1A.670 Limitationon and reduction of amount of monthly allowance.

 

_________

GENERAL PROVISIONS

NRS 1A.010 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS1A.020 to 1A.090, inclusive, havethe meanings ascribed to them in those sections.

(Added to NRS by 2001 Special Session,68)

NRS 1A.020 Boarddefined. Board means the Public Employees RetirementBoard.

(Added to NRS by 2001 Special Session,68)

NRS 1A.030 Compensationdefined.

1. Compensation means the salary paid to a justiceof the Supreme Court or district judge by this State, to a justice of the peaceby a county or to a municipal judge by a city, including:

(a) Base pay, which is the monthly rate of payexcluding all fringe benefits;

(b) Additional payment for longevity; and

(c) Payment for extra duty assignments if it is thestandard practice of this State, the county or the city to include such pay inthe employment contract or official job description for the calendar year inwhich it is paid and such pay is specifically included in the justices orjudges employment contract or official job description.

2. The term does not include any type of payment notspecifically described in this section.

(Added to NRS by 2001 Special Session,68; A 2005, 990)

NRS 1A.040 Disabilityretirement allowance defined. Disability retirementallowance means monthly payments from the Judicial Retirement Fund paid todisabled retired justices of the Supreme Court, district judges, justices ofthe peace or municipal judges pursuant to the Judicial Retirement Plan.

(Added to NRS by 2001 Special Session,68; A 2005, 990)

NRS 1A.050 JudicialRetirement Plan defined. Judicial RetirementPlan means the retirement plan established pursuant to NRS 1A.300.

(Added to NRS by 2001 Special Session,68)

NRS 1A.060 Retiredjustice or judge defined. Retired justice orjudge means a justice of the Supreme Court, district judge, justice of thepeace or municipal judge who was a member of the Judicial Retirement Plan atthe time he retired or a justice of the Supreme Court or district judge whodecides, pursuant to NRS 1A.270 or 1A.280, to receive benefits forretirement pursuant to the Judicial Retirement Plan.

(Added to NRS by 2001 Special Session,68; A 2005, 990)

NRS 1A.070 Servicedefined. Service means all creditableemployment which is validated pursuant to the provisions of this chapter andcan be used in determining eligibility and scope of benefits for justices ofthe Supreme Court, district judges, justices of the peace or municipal judgespursuant to the Judicial Retirement Plan.

(Added to NRS by 2001 Special Session,68; A 2005, 991)

NRS 1A.080 Serviceretirement allowance defined. Serviceretirement allowance means monthly payments from the Judicial Retirement Fundpaid to a retired justice of the Supreme Court, district judge, justice of thepeace or municipal judge pursuant to the Judicial Retirement Plan for theremainder of his life.

(Added to NRS by 2001 Special Session,69; A 2005, 991)

NRS 1A.090 Systemdefined. System means the JudicialRetirement System established pursuant to this chapter.

(Added to NRS by 2001 Special Session,69)

NRS 1A.100 JudicialRetirement System: Establishment; public inspection of records; administrationby Public Employees Retirement Board; legislative review.

1. A system of retirement providing benefits for theretirement, disability or death of all justices of the Supreme Court anddistrict judges, and certain justices of the peace and municipal judges, andfunded on an actuarial reserve basis is hereby established and must be known asthe Judicial Retirement System.

2. The System consists of the Judicial Retirement Planand the provisions set forth in NRS 2.060to 2.083, inclusive, and 3.090 to 3.099,inclusive, for providing benefits to justices of the Supreme Court or districtjudges who served either as a justice of the Supreme Court or district judgebefore November 5, 2002. Each justice of the Supreme Court or district judgewho is not a member of the Public Employees Retirement System is a member ofthe Judicial Retirement System.

3. The official correspondence and records, other thanthe files of individual members of the System or retired justices or judges,and, except as otherwise provided in NRS241.035, the minutes, audio recordings, transcripts and books of the Systemare public records and are available for public inspection.

4. The System must be administered exclusively by theBoard, which shall make all necessary rules and regulations for theadministration of the System. The rules must include, without limitation, rulesrelating to the administration of the retirement plans in accordance withfederal law. The Legislature shall regularly review the System.

(Added to NRS by 2001 Special Session,69; A 2005, 991,1405)

NRS 1A.110 Limitationson review and copying of records; waiver. Allrecords maintained for a member of the System, retired justice or judge,justice of the Supreme Court or district judge who retired pursuant to NRS 2.060 to 2.083, inclusive, or pursuant to NRS 3.090 to 3.099, inclusive, or his beneficiary may bereviewed and copied only by the System, the member, the Court Administrator,the board of county commissioners if the records concern a justice of the peaceor retired justice of the peace whom the board of county commissioners allowedto participate in the Judicial Retirement Plan pursuant to NRS 1A.285, the city council if the recordsconcern a municipal judge or retired municipal judge whom the city councilallowed to participate in the Judicial Retirement Plan pursuant to NRS 1A.285, the spouse of the member, orthe retired justice or judge or his spouse, or pursuant to a court order, or bya beneficiary after the death of the justice or judge on whose account benefitsare received pursuant to the System. Any member, retired justice or judge,justice of the Supreme Court or district judge who retired pursuant to NRS 2.060 to 2.083, inclusive, or pursuant to NRS 3.090 to 3.099, inclusive, or beneficiary may submita written waiver to the System authorizing his representative to review or copyall such records.

(Added to NRS by 2001 Special Session,69; A 2005, 991)

NRS 1A.120 Rightto benefits not subject to taxes, process, bankruptcy, assignment or assessmentfor impairment or insolvency of insurance company; exceptions.

1. Except as otherwise provided in NRS 1A.520 and 31A.150 and as limited by subsection 2,the right of a person to a pension, an annuity, a retirement allowance, thepension, annuity or retirement allowance itself, any optional benefit or deathbenefit or any other right accrued or accruing to any person under theprovisions of this chapter, and the money in the Judicial Retirement Fund, is:

(a) Exempt from all state, county and municipal taxes;

(b) Not subject to execution, garnishment, attachmentor any other process;

(c) Not subject to the operation of any bankruptcy orinsolvency law;

(d) Not assignable, by power of attorney or otherwise; and

(e) Exempt from assessment for the impairment orinsolvency of any life or health insurance company.

2. The System may withhold money from a benefit whenthe person applying for or receiving the benefit owes money to the System.

(Added to NRS by 2001 Special Session,82)

NRS 1A.130 Applicationfor allowances for service retirement or disability retirement; effective dateof retirement; rights of present or former spouse; System exempted fromliability for false designation of marital status by member or justice or judgewho retires.

1. Applications for service retirement allowances ordisability retirement allowances must be submitted to the offices of the Systemon forms approved by the Executive Officer of the Board. The form must not bedeemed filed unless it contains:

(a) The member of the Judicial Retirement Plansselection of the retirement plan contained in NRS 1A.440 or one of the optional plansprovided in NRS 1A.450;

(b) A notarized statement of the marital status of themember of the Judicial Retirement Plan; and

(c) If the member of the System is married, a statementof the spouses consent or objection to the chosen retirement plan, signed bythe spouse and notarized.

2. Except as otherwise required by NRS 1A.390, retirement becomes effectiveon whichever of the following days is the later:

(a) The day immediately following the applicants lastday of employment;

(b) The day the completed application form is filedwith the System;

(c) The day immediately following the applicants lastday of creditable service; or

(d) The effective date of retirement specified on theapplication form.

3. The selection of a retirement plan by a member ofthe Judicial Retirement Plan and consent or objection to that plan by thespouse pursuant to this section does not affect the responsibility of themember concerning the rights of any present or former spouse.

4. The System is not liable for any damages resultingfrom the false designation of marital status by a member of the System or aretired justice or judge, or a justice of the Supreme Court or district judgewho retires pursuant to NRS 2.060 to 2.083, inclusive, or pursuant to NRS 3.090 to 3.099, inclusive.

(Added to NRS by 2001 Special Session,77)

NRS 1A.140 Personconvicted of murder or voluntary manslaughter of member of System ineligible toreceive benefits. Any person convicted of themurder or voluntary manslaughter of a member of the System is ineligible toreceive any benefit conferred by any provision of this chapter or NRS 2.060 to 2.083, inclusive, or 3.090 to 3.099,inclusive, by reason of the death of that member. The System may withhold the paymentof any benefit otherwise payable under this chapter by reason of the death ofany member of the System from any person charged with the murder or voluntarymanslaughter of that member, pending final determination of those charges.

(Added to NRS by 2001 Special Session,82)

NRS 1A.150 Falsestatement or certification; withholding of information. A person who knowingly makes a false statement, certifiesto an incorrect document or withholds information for the purpose of receivingor assisting another person in receiving benefits under this chapter to whichhe is not entitled is guilty of a gross misdemeanor.

(Added to NRS by 2001 Special Session,87)

ADMINISTRATION

NRS 1A.160 JudicialRetirement Fund: Establishment; policy; sources; payments.

1. The Judicial Retirement Fund is hereby establishedas a trust fund.

2. It is hereby declared to be the policy of theLegislature that the Judicial Retirement Fund is established to afford a degreeof security to long-time justices of the Supreme Court, district judges,justices of the peace and municipal judges in this State. The money in the Fundmust not be used or appropriated for any purpose incompatible with theprovisions of this chapter or NRS 2.060to 2.083, inclusive, or 3.090 to 3.099,inclusive. The Fund must be invested and administered to ensure the highestreturn consistent with safety in accordance with accepted investment practices.

3. All money appropriated by the Legislature to theJudicial Retirement Fund, all money submitted to the System for deposit in theFund pursuant to NRS 1A.180 and allincome accruing to the Fund from all other sources must be deposited in theFund.

4. The interest and income earned on the money in theJudicial Retirement Fund, after deducting any applicable charges, must becredited to the Fund.

5. The System must pay all retirement allowances,benefits, optional settlements and other obligations or payments payable by theSystem pursuant to this chapter and NRS2.060 to 2.083, inclusive, and 3.090 to 3.099,inclusive, from the Judicial Retirement Fund. The money in the Fund must beexpended by the Board for the payment of expenses authorized by law to be paidfrom the Fund.

(Added to NRS by 2001 Special Session,69; A 2005, 992)

NRS 1A.170 Administrationand investment of Judicial Retirement Fund. TheBoard has the exclusive control of the administration and investment of the JudicialRetirement Fund, with the same powers and duties and subject to the samelimitations and restrictions that are applicable to the administration andinvestment of the Public Employees Retirement Fund.

(Added to NRS by 2001 Special Session,70)

NRS 1A.180 Contributionsto Judicial Retirement Fund; adjustment of contribution rate.

1. Beginning July 1, 2003, the Court Administratorshall submit to the System for deposit in the Judicial Retirement Fund onbehalf of each justice of the Supreme Court or district judge who is a memberof the System the percentage of compensation of the member that is determinedby the actuary of the System to be required to pay the normal cost incurred inmaking payments for such members pursuant to subsection 5 of NRS 1A.160 and the administrativeexpenses of the System that are attributable to such members. Such paymentsmust be:

(a) Accompanied by payroll reports that includeinformation deemed necessary by the Board to carry out its duties; and

(b) Received by the System not later than 15 days afterthe calendar month for which the compensation and service credits of members ofthe System are reported and certified by the Court Administrator. Thecompensation must be reported separately for each month that it is paid.

2. Beginning July 1, 2003, the State of Nevada shallpay to the System for deposit in the Judicial Retirement Fund from any fundcreated for the purpose of paying pension benefits to justices of the SupremeCourt or district judges an amount as the contribution of the State of Nevadaas employer which is actuarially determined to be sufficient to provide theSystem with enough money to pay the benefits for justices of the Supreme Courtand district judges for which the System will be liable.

3. Upon the participation of a justice of the peace ormunicipal judge in the Judicial Retirement Plan pursuant to NRS 1A.285, the county or city shallsubmit to the System for deposit in the Judicial Retirement Fund on behalf ofeach justice of the peace or municipal judge who is a member of the System thepercentage of compensation of the member that is determined by the actuary ofthe System to be required to pay the normal cost incurred in making paymentsfor such members pursuant to subsection 5 of NRS 1A.160 and the administrativeexpenses of the System that are attributable to such members. Such paymentsmust be:

(a) Accompanied by payroll reports that includeinformation deemed necessary by the Board to carry out its duties; and

(b) Received by the System not later than 15 days afterthe calendar month for which the compensation and service credits of members ofthe System are reported and certified by the county or city. The compensationmust be reported separately for each month that it is paid.

4. Upon the participation of a justice of the peace ormunicipal judge in the Judicial Retirement Plan pursuant to NRS 1A.285, the county or city shall payto the System for deposit in the Judicial Retirement Fund an amount as thecontribution of the county or city as employer which is actuarially determinedto be sufficient to provide the System with enough money to pay the benefitsfor justices of the peace and municipal judges for which the System will beliable.

5. Except as otherwise provided in this subsection,the total contribution rate that is actuarially determined for members of theJudicial Retirement Plan must be adjusted on the first monthly retirementreporting period commencing on or after July 1 of each odd-numbered year basedon the actuarially determined contribution rate indicated in the biennialactuarial valuation and report. The adjusted rate must be rounded to thenearest one-quarter of 1 percent. The total contribution rate must not beadjusted pursuant to this subsection if the existing rate is within one-half of1 percent of the actuarially determined rate.

(Added to NRS by 2001 Special Session,70; A 2003, 2069;2005, 992)

NRS 1A.190 Transferof unpaid check for benefits or refund to Judicial Retirement Fund; claim forpayment of money; period of limitation.

1. Any check for benefits which has not been paidwithin 5 years after being transferred to the Account for Unclaimed Benefitsmust be transferred to the Judicial Retirement Fund.

2. If, within 6 years after a check for benefits hasbeen transferred pursuant to subsection 1, any person appears and claims themoney, the claimant may file a petition in the District Court for Carson Citystating the nature of his claim, with an appropriate prayer for the reliefdemanded. A copy of the petition must be served upon the Attorney Generalbefore or at the time it is filed. Within 20 days after service, the AttorneyGeneral shall appear in the proceeding and respond to the petition. If, afterexamining all the facts, the Attorney General is convinced that the System hasno legal defense against the petition, he may, with the consent of the Court,confess judgment on behalf of the System.

3. If judgment is not confessed, the petition must beconsidered at issue on the 20th day after its filing, and may be heard by theCourt on that day, or at such future day as the Court may order. Upon thehearing, the Court shall examine into the claim and hear the allegations andproofs. If the Court finds that the claimant is entitled to any moneytransferred pursuant to subsection 1 to the Judicial Retirement Fund, it shallorder the Board to pay the money forthwith to the claimant, but withoutinterest or cost to the Board.

4. All persons, except minors and persons of unsoundmind, who fail to appear and file their petitions within the time limited insubsection 1 are forever barred. Minors and persons of unsound mind may appearand file their petitions at any time within 5 years after their respectivedisabilities are removed.

(Added to NRS by 2001 Special Session,83)

NRS 1A.200 JudicialRetirement Administrative Fund; administrative fees.

1. The Board shall establish a fund known as theJudicial Retirement Administrative Fund in which must be deposited alladministrative fees.

2. The Board shall fix an administrative fee percapita sufficient to pay the expense of operating the Judicial RetirementSystem.

(Added to NRS by 2001 Special Session,70)

NRS 1A.210 Fundto pay accrued benefits that are not payable because of certain limitations;benefits paid from fund.

1. The Board may establish a fund to pay the accruedbenefits of a member of the System that are not payable because of thelimitations set forth in NRS 1A.410.The fund must be established in accordance with the provisions of section415(m) of the Internal Revenue Code, 26 U.S.C. 415(m), and must be separatefrom the Judicial Retirement Fund.

2. If the Board establishes a fund pursuant tosubsection 1, the benefits that are required to be paid from the fund must bepaid from money in the fund.

(Added to NRS by 2001 Special Session,70)

NRS 1A.220 Systemmanaged by Public Employees Retirement Board; general powers and duties ofBoard.

1. The Board, subject to the limitations of thischapter, is responsible for managing the System.

2. The Board shall:

(a) Arrange for a biennial actuarial valuation andreport of the actuarial soundness of the System to be prepared by anindependent actuary based upon data compiled and supplied by employees of theSystem, and shall adopt actuarial tables and formulas prepared and recommendedby the actuary;

(b) Provide for a biennial audit of the System,including, without limitation, the Judicial Retirement Administrative Fund, byan independent certified public accountant; and

(c) Provide an annual report concerning the Systemestablished pursuant to this chapter to the Court Administrator, each board ofcounty commissioners that allows justices of the peace to participate in theJudicial Retirement Plan pursuant to NRS1A.285, each city council that allows municipal judges to participate inthe Judicial Retirement Plan pursuant to NRS1A.285, the Governor and each member of the Legislature, and make thereport available to all members of the System upon request. The report mustcontain, when available, a review of the actuarial valuation required byparagraph (a).

3. The Board may:

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

(b) Examine and copy personnel and financial recordsof:

(1) A justice of the Supreme Court or districtjudge that are maintained by the Court Administrator;

(2) A justice of the peace who participates inthe Judicial Retirement Plan pursuant to NRS1A.285 that are maintained by a county; and

(3) A municipal judge who participates in theJudicial Retirement Plan pursuant to NRS1A.285 that are maintained by a city.

(c) Require an annual notarized statement from aretired justice or judge or beneficiary that he is in fact receiving anallowance or benefits, and withhold the allowance or benefits if he fails toprovide the statement.

4. As used in this section, error or inequity meansthe existence of extenuating circumstances, including, without limitation, amembers reasonable and detrimental reliance on representations made by theSystem which prove to be erroneous, or the mental incapacity of the member.

(Added to NRS by 2001 Special Session,71; A 2005, 993)

NRS 1A.230 Actuarialassumptions used in computing benefits: Availability; changes prohibited.

1. The Board shall not change the actuarialassumptions used in computing the benefits provided to a member of the System.

2. The Board shall make available to every member ofthe System upon request the actuarial assumptions used in computing thebenefits provided to a member of the System.

(Added to NRS by 2001 Special Session,71)

NRS 1A.240 Personsreceiving benefits from System entitled to cost-of-living increases. Each person who receives benefits from the JudicialRetirement Fund pursuant to the System is entitled to receive cost-of-livingincreases equivalent to those provided for retirees and beneficiaries of thePublic Employees Retirement System.

(Added to NRS by 2001 Special Session,79)

NRS 1A.250 Administrationof accounts of members and recipients of benefits. Exceptas specifically provided in this chapter, the accounts of members of the Systemand recipients of benefits of the System must be administered in accordancewith the provisions of chapter 286 of NRS asif the justice of the Supreme Court, the district judge, the justice of thepeace or the municipal judge were or had been a member of the Public EmployeesRetirement System.

(Added to NRS by 2001 Special Session,71; A 2005, 994)

MEMBERSHIP

NRS 1A.260 Conditionsfor membership in System. [Effective through June 30, 2009.]

1. No person may become a member of the System unlesshe is a justice of the Supreme Court or a district judge, or a justice of thepeace or municipal judge who is allowed and elects to participate in theJudicial Retirement Plan pursuant to NRS1A.285.

2. Except as otherwise provided in NRS 1A.370, persons retired under the provisionsof this chapter who are reemployed as a justice of the Supreme Court, districtjudge, justice of the peace or municipal judge are not eligible to becomemembers of the System.

(Added to NRS by 2001 Special Session,71; A 2005, 994,2067)

NRS 1A.260 Conditions for membership in System.[Effective July 1, 2009.]

1. No person may become a member of the System unlesshe is a justice of the Supreme Court or a district judge, or a justice of thepeace or municipal judge who is allowed and elects to participate in theJudicial Retirement Plan pursuant to NRS1A.285.

2. Except as otherwise provided in NRS 1A.370, persons retired under the provisionsof this chapter who are employed as a justice of the Supreme Court, districtjudge, justice of the peace or municipal judge in any judicial capacity,including, without limitation, employment as a senior justice, senior judge,senior justice of the peace or senior municipal judge of the Nevada CourtSystem, are not eligible to become members of the System.

(Added to NRS by 2001 Special Session,71; A 2005, 994,2067, effectiveJuly 1, 2009)

NRS 1A.270 Membershipof Supreme Court justices and district judges who are elected, reelected orappointed on or after November 5, 2002; membership of Supreme Court justicesand district judges who are serving on November 5, 2002; restriction onbenefits.

1. Each justice of the Supreme Court or district judgewho is elected or appointed as a justice of the Supreme Court or a districtjudge on or after November 5, 2002, who takes office on or after January 1,2003, and who previously has not served as either a justice of the SupremeCourt or a district judge must receive benefits for retirement, benefits fordisability and survivor benefits under the Judicial Retirement Plan, ifeligible to receive such benefits under the Judicial Retirement Plan, unless heis a member of the Public Employees Retirement System. If he is a member ofthe Public Employees Retirement System, he will remain a member unless hewithdraws from the Public Employees Retirement System pursuant to NRS 1A.280, if eligible to do so.

2. Each justice of the Supreme Court or district judgewho is elected or appointed as a justice of the Supreme Court or district judgeon or after November 5, 2002, and who previously has served as either a justiceof the Supreme Court or a district judge and each justice of the Supreme Courtor district judge who is serving as a justice of the Supreme Court or districtjudge on November 5, 2002, must receive benefits for retirement, benefits fordisability and survivor benefits pursuant to either:

(a) NRS 2.060 to2.083, inclusive, or 3.090 to 3.099,inclusive, as those sections existed on November 5, 2002, if eligible toreceive such benefits under such provisions; or

(b) The Judicial Retirement Plan, if eligible toreceive such benefits under the Judicial Retirement Plan,

whichever ismost beneficial to the justice or judge or his survivor, as determined by thejustice or judge at the time of his retirement or the time at which he becomesdisabled, or as determined by his survivor at the time of his death, unless heis a member of the Public Employees Retirement System. If he is a member ofthe Public Employees Retirement System, he will remain a member unless hewithdraws from the Public Employees Retirement System pursuant to NRS 1A.280, if eligible to do so. Asurvivor may not change a determination that affects the survivor and which wasmade by a justice or judge pursuant to this section while the justice or judgewas alive.

3. A determination made pursuant to subsection 2 isfinal and if a justice or judge or his survivor determines pursuant tosubsection 2:

(a) To receive benefits pursuant to the JudicialRetirement Plan, the justice, judge or survivor may not receive benefitspursuant to NRS 2.060 to 2.083, inclusive, or pursuant to NRS 3.090 to 3.099, inclusive; or

(b) To receive benefits pursuant to NRS 2.060 to 2.083, inclusive, or pursuant to NRS 3.090 to 3.099, inclusive, the justice, judge orsurvivor may not receive benefits pursuant to the Judicial Retirement Plan.

4. No justice of the Supreme Court or district judgeor survivor of a justice of the Supreme Court or district judge may receivebenefits under both this chapter and:

(a) NRS 2.060 to2.083, inclusive; or

(b) NRS 3.090 to3.099, inclusive.

5. A justice of the Supreme Court or district judge ora survivor of a justice of the Supreme Court or district judge who is receivingretirement allowances pursuant to NRS 2.060to 2.083, inclusive, or pursuant to NRS 3.090 to 3.099, inclusive, on January 1, 2003, isnot eligible for transfer to the Judicial Retirement Plan.

(Added to NRS by 2001 Special Session,72; A 2003, 2069;2005, 1067)

NRS 1A.280 Withdrawalfrom Public Employees Retirement System to become member of JudicialRetirement Plan; transfer of liability and service; reestablishment of serviceprohibited; restriction on benefits.

1. A person who is elected or appointed as a justiceof the Supreme Court or district judge on or after November 5, 2002, and takesoffice on or after January 1, 2003, and who is a member of the PublicEmployees Retirement System established pursuant to chapter 286 of NRS on the date that he is electedor appointed may withdraw from the Public Employees Retirement System andbecome a member of the Judicial Retirement Plan if he gives written notice tothe Board of his intention to withdraw from the Public Employees RetirementSystem and to become a member of the Judicial Retirement Plan. Such notice mustbe given to the Board within the time set forth in subsection 3 and must begiven the first time that the justice or judge is elected or appointed while heis a member of the Public Employees Retirement System.

2. A justice or judge may not become a member of theJudicial Retirement Plan pursuant to subsection 1 if he has previously beenelected or appointed on or after November 5, 2002, and taken office on or afterJanuary 1, 2003, while he was a member of the Public Employees RetirementSystem and he did not give notice of his intention to withdraw from the PublicEmployees Retirement System and to become a member of the Judicial RetirementPlan in the manner set forth in this section.

3. Written notice given pursuant to subsection 1 mustbe received by the Board:

(a) If the justice or judge is elected, by March 31 ofthe year immediately following the year in which he was elected; or

(b) If the justice or judge is appointed, within 90days after his appointment.

4. If the Board receives notice pursuant to thissection that a justice or judge intends to withdraw from the Public EmployeesRetirement System, it shall transfer from the Public Employees Retirement Fundto the Judicial Retirement Plan the accrued actuarial liability and credit forservice earned by the justice or judge while a member of the Public EmployeesRetirement System as determined by an actuary of the Judicial RetirementSystem. The service so transferred must be accredited under the JudicialRetirement Plan as if performed in the Public Employees Retirement System.

5. If the Board does not receive written notice that ajustice or judge intends to withdraw from the Public Employees RetirementSystem pursuant to subsection 3, the justice or judge will remain a member ofthe Public Employees Retirement System.

6. A justice or judge who exercises the option grantedby this section may not reestablish the service for which the liabilities weretransferred.

7. No justice of the Supreme Court or district judgeor survivor of a justice of the Supreme Court or district judge may receivebenefits under both this chapter and chapter 286of NRS.

8. A justice of the Supreme Court or district judge orsurvivor of a justice of the Supreme Court or district judge who is receiving aretirement allowance from the Public Employees Retirement System on January 1,2003, is not eligible for transfer to the Judicial Retirement Plan.

(Added to NRS by 2001 Special Session,73; A 2005, 1068)

NRS 1A.285 Membershipof justices of the peace and municipal judges; withdrawal from PublicEmployees Retirement System to become member of Judicial Retirement Plan;transfer of liability and service; reestablishment of service prohibited;restriction on benefits.

1. A justice of the peace or municipal judge mayparticipate in the Judicial Retirement Plan if:

(a) The board of county commissioners elects to allowthe justices of the peace of the county or the city council elects to allow themunicipal judges of the city to participate in the Judicial Retirement Plan;and

(b) The justice of the peace or the municipal judgeelects to participate in the Judicial Retirement Plan.

2. Each justice of the peace or municipal judge who isallowed and who elects to participate in the Judicial Retirement Plan pursuantto this section must receive benefits for retirement, benefits for disabilityand survivor benefits under the Judicial Retirement Plan, if eligible toreceive such benefits under the Judicial Retirement Plan.

3. If the board of county commissioners rescinds itselection to allow the justices of the peace of the county or the city councilrescinds its election to allow the municipal judges of the city to participatein the Judicial Retirement Plan, any justice of the peace or municipal judgewho elected to participate in the Judicial Retirement Plan before the effectivedate of the rescission is entitled to continue to participate in the JudicialRetirement Plan.

4. A justice of the peace or municipal judge who is amember of the Public Employees Retirement System established pursuant to chapter 286 of NRS on the date that he elects toparticipate in the Judicial Retirement Plan must give written notice to theBoard of his intention to withdraw from the Public Employees Retirement Systemand to become a member of the Judicial Retirement Plan.

5. If the Board receives notice pursuant to thissection that a justice of the peace or municipal judge intends to withdraw fromthe Public Employees Retirement System, it shall transfer from the PublicEmployees Retirement Fund to the Judicial Retirement Plan the accruedactuarial liability and credit for service earned by the justice or judge whilea member of the Public Employees Retirement System as determined by an actuaryof the Judicial Retirement System. The service so transferred must be accreditedunder the Judicial Retirement Plan as if performed in the Public EmployeesRetirement System.

6. A justice of the peace or municipal judge whoexercises the option granted by this section may not reestablish the servicefor which the liabilities were transferred.

7. No justice of the peace or municipal judge orsurvivor of a justice of the peace or municipal judge may receive benefitsunder both this chapter and chapter 286 ofNRS.

8. A justice of the peace or municipal judge orsurvivor of a justice of the peace or municipal judge who is receiving aretirement allowance from the Public Employees Retirement System on July 1,2005, is not eligible for transfer to the Judicial Retirement Plan.

(Added to NRS by 2005, 989)

NRS 1A.290 Terminationof membership; rights of justices or judges who have retired.

1. Membership of a justice of the Supreme Court or adistrict judge in the System terminates upon:

(a) The death of the member;

(b) Receipt of retirement allowances by the member ofthe Judicial Retirement Plan or retirement benefits pursuant to NRS 2.060 to 2.083, inclusive, or pursuant to NRS 3.090 to 3.099, inclusive; or

(c) Receipt of disability allowances by the member ofthe Judicial Retirement Plan or disability benefits pursuant to NRS 2.060 to 2.083, inclusive, or pursuant to NRS 3.090 to 3.099, inclusive.

2. Membership of a justice of the peace or municipal judgein the System terminates upon:

(a) The death of the member;

(b) Receipt of retirement allowances; or

(c) Receipt of disability allowances.

3. A retired justice or judge is not entitled to anyright conferred by this chapter upon a member of the System unless theprovision conferring that right expressly states that it is conferred upon aretired justice or judge.

4. A justice of the Supreme Court or a district judgewho retired pursuant to NRS 2.060 to 2.083, inclusive, or pursuant to NRS 3.090 to 3.099, inclusive, is not entitled to anyright conferred by this chapter upon a member of the System unless theprovision conferring that right expressly states that it is conferred upon ajustice or judge who retired pursuant to NRS2.060 to 2.083, inclusive, orpursuant to NRS 3.090 to 3.099, inclusive.

(Added to NRS by 2001 Special Session,72; A 2005, 994)

JUDICIAL RETIREMENT PLAN

General Provisions

NRS 1A.300 Establishment;members; benefits.

1. A plan under which all justices of the SupremeCourt and district judges who are elected or appointed for the first time as eithera justice of the Supreme Court or district judge on or after November 5, 2002,and who take office on or after January 1, 2003, and who withdraw from thePublic Employees Retirement System, if eligible to do so, must receivebenefits for retirement, disability and death, and under which justices of thepeace and municipal judges who are allowed to participate in the plan pursuantto NRS 1A.285 may receive benefits forretirement, disability and death, is hereby established and must be known asthe Judicial Retirement Plan.

2. Each justice of the Supreme Court or district judgeelected or appointed for the first time as either a justice of the SupremeCourt or district judge on or after November 5, 2002, and who takes office onor after January 1, 2003, and who withdraws pursuant to NRS 1A.280 from the Public EmployeesRetirement System, if eligible to do so, is a member of the Judicial RetirementPlan.

3. Each justice of the peace and municipal judge whois allowed and who elects to participate in the Judicial Retirement Planpursuant to NRS 1A.285 is a member ofthe Judicial Retirement Plan.

4. Benefits are earned pursuant to the JudicialRetirement Plan in the manner set forth in NRS1A.120 to 1A.150, inclusive, 1A.190, 1A.240 and 1A.310 to 1A.670, inclusive.

(Added to NRS by 2001 Special Session,74; A 2005, 995,1069)

NRS 1A.310 Purchaseof credit for service: Requirements; sources; installments. Except as otherwise required as a result of NRS 1A.410:

1. A member of the Judicial Retirement Plan who has 5years of creditable service may, except as otherwise provided in subsection 2,purchase up to 5 years of service. The member must pay the full actuarial costof the service as determined by an actuary of the System.

2. A justice or judge may purchase creditable servicepursuant to subsection 1 only if, at the time of the purchase, he is employedin a position eligible for membership in the Judicial Retirement Plan.

3. A member of the Judicial Retirement Plan may use:

(a) All or any portion of the balance of his interestin 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 retirementaccount or in an individual retirement annuity of a member, the entire amountof which is:

(1) Attributable to a qualified distributionfrom 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 rolloverdistribution pursuant to section 402 of the Internal Revenue Code, 26 U.S.C. 402,

to purchasecreditable service pursuant to subsection 1.

4. If a member of the Judicial RetirementPlan enters into an agreement whereby he agrees to pay for the purchase ofservice credit in installments and he defaults on that agreement, the member isentitled to receive service credit in the proportion that the principal paidbears to the principal due under the agreement.

(Added to NRS by 2001 Special Session,74; A 2003, 2070)

Service and Vesting of Allowances and Benefits

NRS 1A.320 Servicecredit: Commencement; termination. Servicecredit for a member of the Judicial Retirement Plan begins on the day his termof office begins and terminates on the day his term of office expires, unlesssooner terminated on the day of his death, resignation or removal from office.

(Added to NRS by 2001 Special Session,75)

NRS 1A.330 Servicecredited in another system ineligible; exception. Exceptas otherwise provided in this chapter, a member of the Judicial Retirement Planmust not receive credit in the Plan for service that entitled the member tocredit for retirement purposes in any other retirement system operated by thefederal or a state government, or any of their agencies or politicalsubdivisions, including, without limitation, the Social Security Act.

(Added to NRS by 2001 Special Session,75)

NRS 1A.340 Timeof vesting; vesting of benefits upon termination of System.

1. The retirement allowance for a member of theJudicial Retirement Plan becomes vested on the date that the member completes 5years of creditable service.

2. Benefits for survivors offered pursuant to thischapter become vested on the date that the member of the Judicial RetirementPlan completes 10 years of creditable service or becomes entitled to beginreceiving benefits or on the date of his death, whichever event occurs first.

3. Unless otherwise specifically provided by law, anychange in the provisions of this chapter is retroactive for all service of anymember of the Judicial Retirement Plan before the date of vesting, but nochange may impair any vested allowance or benefit.

4. Upon the termination or partial termination of theSystem, all accrued benefits that are funded become 100 percent vested andnonforfeitable.

(Added to NRS by 2001 Special Session,87)

Retirement

NRS 1A.350 Eligibility:Age and service; reduction of benefit for retirement before required age.

1. A member of the Judicial Retirement Plan iseligible to retire at the age of 65 years if he has at least 5 years of service,at the age of 60 years if he has at least 10 years of service and at any age ifhe has at least 30 years of service.

2. Any member of the Judicial Retirement Plan who hasthe years of creditable service necessary to retire, but has not attained the requiredage, if any, may retire at any age with a benefit actuarially reduced to therequired retirement age. Except as otherwise required as a result of NRS 1A.410, a retirement benefit pursuantto this subsection must be reduced by 4 percent of the unmodified benefit foreach full year that the member is under the appropriate retirement age, and anadditional 0.33 percent for each additional month that the member is under theappropriate retirement age. Any option selected pursuant to this subsectionmust be reduced by an amount proportionate to the reduction provided in thissubsection for the unmodified benefit. The Board may adjust the actuarialreduction based upon an experience study of the System and recommendation bythe actuary.

(Added to NRS by 2001 Special Session,75)

NRS 1A.360 Reemploymentof retired justice or judge: Consequences; payment of contributions for justiceor judge who does not enroll in Plan. [Effective through June 30, 2009.]

1. Except as otherwise provided in NRS 1A.370, if a retired justice or judgeaccepts reemployment as a justice of the Supreme Court, district judge, justiceof the peace or municipal judge, he is disqualified from receiving anyallowances under the Judicial Retirement Plan for the duration of his activeservice.

2. If a retired justice or judge accepts anyemployment other than that described in subsection 1, the justice or judge isentitled to the same allowances as a retired justice or judge who has noemployment.

3. If a retired justice or judge who accepts employmentas a justice of the Supreme Court, district judge, justice of the peace ormunicipal judge pursuant to subsection 1 elects not to reenroll in the JudicialRetirement Plan pursuant to subsection 2 of NRS1A.370, the Court Administrator if the retired justice or judge is ajustice of the Supreme Court or a district judge, the county if the retiredjustice or judge is a justice of the peace or the city if the retired justiceor judge is a municipal judge, may pay contributions on behalf of the retiredjustice or judge to a retirement fund which is not a part of the JudicialRetirement Plan in an amount not to exceed the amount of the contributions thatthe Court Administrator, county or city would pay to the System on behalf of aparticipating justice or judge who is employed in a similar position.

(Added to NRS by 2001 Special Session,75; A 2001Special Session, 98; 2005, 995, 2067)

NRS 1A.360 Employment of retired justice orjudge: Consequences; payment of contributions for justice or judge who does notenroll in Plan. [Effective July 1, 2009.]

1. Except as otherwise provided in subsection 4 and NRS 1A.370, if a retired justice or judgeaccepts employment as a justice of the Supreme Court, district judge, justiceof the peace or municipal judge in any judicial capacity, including, withoutlimitation, employment as a senior justice, senior judge, senior justice of thepeace or senior municipal judge of the Nevada Court System, he is disqualifiedfrom receiving any allowances under the Judicial Retirement Plan for theduration of his active service.

2. If a retired justice or judge accepts anyemployment other than that described in subsection 1, the justice or judge isentitled to the same allowances as a retired justice or judge who has noemployment.

3. If a retired justice or judge who accepts employmentas a justice of the Supreme Court, district judge, justice of the peace ormunicipal judge in a judicial capacity pursuant to this section elects not toreenroll in the Judicial Retirement Plan pursuant to subsection 1 of NRS 1A.370, the Court Administrator ifthe retired justice or judge is a justice of the Supreme Court or a districtjudge, the county if the retired justice or judge is a justice of the peace orthe city if the retired justice or judge is a municipal judge, may paycontributions on behalf of the retired justice or judge to a retirement fundwhich is not a part of the Judicial Retirement Plan in an amount not to exceedthe amount of the contributions that the Court Administrator, county or citywould pay to the System on behalf of a participating justice or judge who isemployed in a similar position.

4. The System may waive, for one period of 30 days orless, a retired justice of the Supreme Courts or district judgesdisqualification under this section if the Chief Justice of the Supreme Courtcertifies in writing, in advance, that the retired justice of the Supreme Courtor district judge is recalled to meet an emergency and that no other qualifiedperson is immediately available. The System may waive, for one period of 30days or less, a retired justice of the peaces disqualification under this sectionif the board of county commissioners of the jurisdiction in which the justiceof the peace is to be assigned certifies in writing, in advance, that theretired justice of the peace is recalled to meet an emergency and that no otherqualified person is immediately available. The System may waive, for one periodof 30 days or less, a retired municipal judges disqualification under thissection if the city council of the jurisdiction in which the municipal judge isto be assigned certifies in writing, in advance, that the retired municipaljudge is recalled to meet an emergency and that no other qualified person isimmediately available.

(Added to NRS by 2001 Special Session,75; A 2001Special Session, 98; 2005, 995, 2067, effective July1, 2009)

NRS 1A.370 Reemploymentof retired justice or judge: Reenrollment in Plan; rights of membership;accrual of credit for service. [Effective through June 30, 2009.]

1. Any retired justice or judge may, pursuant to rulesadopted by the Supreme Court, be recalled to active service, be reemployed as asenior justice, senior judge, senior justice of the peace or senior municipaljudge of the Nevada Court System, be issued a commission as a senior justice,senior judge, senior justice of the peace or senior municipal judge of theNevada Court System and be compensated for serving as a senior justice, seniorjudge, senior justice of the peace or senior municipal judge of the NevadaCourt System.

2. A retired justice or judge who accepts reemploymentas a justice of the Supreme Court, district judge, justice of the peace ormunicipal judge may reenroll in the Judicial Retirement Plan as of theeffective date of that reemployment. As of the effective date of reemployment:

(a) Except as otherwise provided in paragraph (b), heforfeits all retirement allowances for the duration of that employment; and

(b) If he accepts reemployment as a senior justice,senior judge, senior justice of the peace or senior municipal judge of theNevada Court System, he does not forfeit any retirement allowances for theduration of that employment.

3. Except as otherwise required as a result of NRS 1A.400 or 1A.410, if the duration of the employmentof a retired justice or judge who reenrolls in the Judicial Retirement Planpursuant to subsection 2 is at least 6 months, he gains additional servicecredit for that employment and is entitled to have a separate service retirementallowance calculated based on his compensation and service, effective upon thetermination of that employment. If the duration of the employment is:

(a) Less than 5 years, the additional allowance must beadded to his original allowance and must be under the same option and designatethe same beneficiary as the original allowance; or

(b) Five years or more, the additional allowance may beunder any option and designate any beneficiary in accordance with NRS 1A.430.

4. The original service retirement allowance of such aretired justice or judge must not be recalculated based upon the additionalservice, nor is he entitled to any of the rights of membership that were not ineffect at the time of his original retirement. The accrual of service creditpursuant to this section is subject to the limits imposed by:

(a) NRS 1A.440;and

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

5. Except as otherwise required as a result of NRS 1A.400 or 1A.410, upon serving as senior justice,senior judge, senior justice of the peace or senior municipal judge for anumber of working days that is equivalent to 1 year of service, as determinedby the Board, such a retired justice or judge earns an additional year ofservice credit.

(Added to NRS by 2001 Special Session,76; A 2003, 2071;2005, 996, 2068)

NRS 1A.370 Employment of retired justice orjudge: Enrollment in Plan; rights of membership; accrual of credit for service;benefits for survivor. [Effective July 1, 2009.]

1. A retired justice or judge who accepts employmentas a justice of the Supreme Court, district judge, justice of the peace ormunicipal judge in any judicial capacity, including, without limitation,employment as a senior justice, senior judge, senior justice of the peace orsenior municipal judge of the Nevada Court System, may enroll in the JudicialRetirement Plan as of the effective date of that employment. As of the date ofenrollment:

(a) He forfeits all retirement allowances for theduration of that employment; and

(b) Except as otherwise required as a result of NRS 1A.400 or 1A.410, if the duration of the employmentis at least 6 months, he gains additional service credit for that employmentand is entitled to have a separate service retirement allowance calculatedbased on his compensation and service, effective upon the termination of thatemployment. If the duration of the employment is:

(1) Less than 5 years, the additional allowancemust be added to his original allowance and must be under the same option anddesignate the same beneficiary as the original allowance; or

(2) Five years or more, the additional allowancemay be under any option and designate any beneficiary in accordance with NRS 1A.430.

2. The original service retirement allowance of such aretired justice or judge must not be recalculated based upon the additionalservice credit, nor is he entitled to any of the rights of membership that werenot in effect at the time of his original retirement. The accrual of servicecredit pursuant to this section is subject to the limits imposed by:

(a) NRS 1A.440;and

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

3. Except as otherwise required as a result of NRS 1A.400 or 1A.410, a retired justice or judge whohas been receiving a retirement allowance pursuant to the Judicial RetirementPlan and who is reemployed and is enrolled in the Plan for at least 5 years mayhave his additional credit for service added to his previous credit for service.This additional credit for service must not apply to more than one period ofemployment after the original retirement.

4. The survivor of a deceased member of the JudicialRetirement Plan who had previously retired and was reemployed and enrolled inthe Plan, who qualifies for benefits pursuant to NRS 1A.340 and 1A.530 to 1A.670, inclusive, is eligible for thebenefits based on the service accrued through the second period of employment.

(Added to NRS by 2001 Special Session,76; A 2003, 2071;2005, 996, 2068, effective July1, 2009)

NRS 1A.380 Inapplicabilityof various provisions if certain retired Supreme Court justices or districtjudges are employed in positions with critical labor shortages. Expired by limitation. (See chapter 4, Statutes of Nevada2001 Special Session, at page 103.)

 

Benefits

NRS 1A.390 Limitationon distributions to members. Notwithstandingany other provision of law, every distribution to a member of the JudicialRetirement Plan must be made pursuant to the provisions of section 401(a)(9) ofthe Internal Revenue Code, 26 U.S.C. 401(a)(9), that apply to governmentalplans.

(Added to NRS by 2001 Special Session,77)

NRS 1A.400 Limitationon compensation used to determine retirement benefit. Notwithstandingany other provision of law, the amount of compensation used to determine theretirement benefit of a member of the Judicial Retirement Plan must not exceedthe limitation provided by section 401(a)(17) of the Internal Revenue Code, 26U.S.C. 401(a)(17).

(Added to NRS by 2001 Special Session,77)

NRS 1A.410 Limitationson benefits and contributions. Notwithstandingany other provision of law, the benefits payable to and the contributions madefor the benefit of a member of the Judicial Retirement Plan are limitedpursuant to the provisions of sections 415(b) and 415(c) of the InternalRevenue Code, 26 U.S.C. 415(b) and 415(c), that apply to governmental plans.

(Added to NRS by 2001 Special Session,75)

NRS 1A.420 Prohibitionagainst applying forfeitures to increase benefits. Forfeituresmust not be applied to increase the benefits any member of the JudicialRetirement Plan would otherwise receive pursuant to the provisions governingthe Plan as provided by section 401(a)(8) of the Internal Revenue Code, 26U.S.C. 401(a)(8).

(Added to NRS by 2001 Special Session,77)

NRS 1A.430 Consentof spouse to retirement plan of member.

1. If the spouse of the member of the JudicialRetirement Plan does not consent to the retirement plan chosen by the memberbefore the date on which the retirement becomes effective pursuant to NRS 1A.130 the System must:

(a) Notify the spouse that he has 90 days to consent orhave the member change his selection; and

(b) Pay the retirement at the amount calculated forOption 2 provided in NRS 1A.450 untilthe spouse consents or for 90 days, whichever is less.

2. Upon consent of the spouse or at the end of the 90days, the retirement benefit must be recalculated and paid under the terms ofthe option originally selected by the member retroactively to the date on whichthe retirement became effective.

(Added to NRS by 2001 Special Session,78)

NRS 1A.440 Determinationof monthly allowance for service retirement. Exceptas otherwise required as a result of NRS1A.400 or 1A.410:

1. Except as otherwise provided in this subsection, amonthly service retirement allowance must be determined by multiplying a memberof the Judicial Retirement Plans average compensation by 3.4091 percent foreach year of service, except that a member of the Plan is entitled to a benefitof not more than 75 percent of his average compensation.

2. For the purposes of this section, averagecompensation means the average of a member of the Plans 36 consecutive monthsof highest compensation as certified by the Court Administrator if the memberis a justice of the Supreme Court or a district judge, by the county if themember is a justice of the peace or by the city if the member is a municipaljudge.

(Added to NRS by 2001 Special Session,78; A 2003, 2072;2005, 997)

NRS 1A.450 Optionalplans: Alternatives to unmodified allowance for service retirement.

1. The alternatives to an unmodified serviceretirement allowance are as follows:

(a) Option 2 consists of a reduced service retirementallowance payable monthly during the retired justices or judges life, withthe provision that it continue after his death for the life of the beneficiarywhom he nominates by written designation acknowledged and filed with the Boardat the time of retirement should the beneficiary survive him.

(b) Option 3 consists of a reduced service retirementallowance payable monthly during the retired justices or judges life, withthe provision that it continue after his death at one-half the rate paid to himand be paid for the life of the beneficiary whom he nominates by writtendesignation acknowledged and filed with the Board at the time of retirementshould the beneficiary survive him.

(c) Option 4 consists of a reduced service retirementallowance payable monthly during the retired justices or judges life, withthe provision that it continue after his death for the life of his beneficiary,whom he nominates by written designation acknowledged and filed with the Boardat the time of the election, should his beneficiary survive him, beginning onthe attainment by the surviving beneficiary of age 60 years.

(d) Option 5 consists of a reduced service retirementallowance payable monthly during the retired justices or judges life, withthe provision that it continue after his death at one-half the rate paid to himand be paid for the life of his beneficiary whom he nominates by writtendesignation acknowledged and filed with the Board at the time of the election,should his beneficiary survive him, beginning on the attainment by thesurviving beneficiary of age 60 years.

(e) Option 6 consists of a reduced service retirementallowance payable monthly during the retired justices or judges life, withthe provision that a specific sum per month, which cannot exceed the monthlyallowance paid to the retired justice or judge, be paid after his death to thebeneficiary for the life of the beneficiary whom he nominates by writtendesignation acknowledged and filed with the Board at the time of retirement,should the beneficiary survive him.

(f) Option 7 consists of a reduced service retirementallowance payable monthly during the retired justices or judges life, withthe provision that a specific sum per month, which cannot exceed the monthlyallowance paid to the retired justice or judge, be paid after his death to thebeneficiary for the life of the beneficiary whom he nominates by writtendesignation acknowledged and filed with the Board at the time of election,should the beneficiary survive him, beginning on the attainment by thesurviving beneficiary of age 60 years.

2. Postretirement allowances must be considered a partof a retired justices or judges monthly benefit and included in the allowancepaid to a beneficiary under one of the optional plans set forth in thissection.

(Added to NRS by 2001 Special Session,78)

NRS 1A.460 Optionalplans: Death of beneficiary; change of selection; effective date of terminationor adjustment of allowance. [Effective through June 30, 2009.]

1. If a member of the Judicial Retirement Plan entersretirement status under one of the optional plans described in NRS 1A.450 and the designated beneficiarypredeceases the retired justice or judge, the monthly retirement allowance mustbe automatically adjusted to the unmodified retirement allowance provided in NRS 1A.440.

2. A retired justice or judge may not change theselected option or designated beneficiary after the effective date ofretirement except as otherwise provided in subsection 3.

3. A retired justice or judge may cancel his selectedoption and designation of beneficiary and revert to the unmodified retirementallowance. He shall make this election by written designation, acknowledged andfiled with the Board. The written election must be accompanied by a written,notarized acknowledgment of the change by the beneficiary if the beneficiary isthe spouse of the retired justice or judge. The election to cancel a selectedoption and revert to the unmodified allowance does not abrogate any obligationof the retired justice or judge respecting community property.

4. The termination or adjustment of a monthlyretirement allowance resulting from the death of a justice or judge orbeneficiary must not become effective until the first day of the monthimmediately following the death of the retired justice or judge or beneficiary.

(Added to NRS by 2001 Special Session,79; A 2005, 2069)

NRS 1A.460 Optional plans: Death of beneficiary;change of selection; effective date of termination or adjustment of allowance.[Effective July 1, 2009.]

1. If a member of the Judicial Retirement Plan entersretirement status under one of the optional plans described in NRS 1A.450 and the designated beneficiarypredeceases the retired justice or judge, the monthly retirement allowance mustbe automatically adjusted to the unmodified retirement allowance provided in NRS 1A.440.

2. A retired justice or judge may not change theselected option or designated beneficiary after the effective date ofretirement except as otherwise provided in subsection 3 of this section andsubsection 3 of NRS 1A.370.

3. A retired justice or judge may cancel his selectedoption and designation of beneficiary and revert to the unmodified retirementallowance. He shall make this election by written designation, acknowledged andfiled with the Board. The written election must be accompanied by a written,notarized acknowledgment of the change by the beneficiary if the beneficiary isthe spouse of the retired justice or judge. The election to cancel a selectedoption and revert to the unmodified allowance does not abrogate any obligationof the retired justice or judge respecting community property.

4. The termination or adjustment of a monthlyretirement allowance resulting from the death of a justice or judge orbeneficiary must not become effective until the first day of the monthimmediately following the death of the retired justice or judge or beneficiary.

(Added to NRS by 2001 Special Session,79; A 2005, 2069,effective July 1, 2009)

NRS 1A.470 Optionaldeduction from benefits for payment of premium or contribution for groupinsurance or other obligations; regulations; exemption of Executive Officer,Board and System from liability for errors or omissions.

1. In addition to the options provided in NRS 287.023 and subject to the requirementsof that section, any justice of the Supreme Court, district judge, justice ofthe peace or municipal judge who retires under the conditions set forth in NRS 1A.350 and, at the time of hisretirement, was covered or had his dependents covered by any group insurance ormedical and hospital service established pursuant to NRS 287.010, 287.020 or paragraph (b), (c) or (d) ofsubsection 1 of NRS 287.025, has theoption of having the Executive Officer of the Board deduct and pay his premiumor contribution for that group insurance or medical and hospital servicecoverage, as well as the amount due or to become due upon any obligationdesignated by the Board pursuant to subsection 2, from his monthly retirementallowance until:

(a) He notifies the Executive Officer of the Board todiscontinue the deduction; or

(b) Any of his dependents elect to assume the premiumor contribution applicable to the dependents coverage before the death of sucha retired justice or judge and continue coverage pursuant to NRS 287.023 after his death.

2. The Board may adopt regulations to carry out theprovisions of subsection 1, including, without limitation, regulationsgoverning the number and types of obligations, amounts for the payment of whichmay be deducted and paid by the Board at the option of the retired justice orjudge pursuant to this section.

3. The Executive Officer of the Board, the Board andthe System are not liable for any damages resulting from errors or omissionsconcerning the deductions and payment of premiums or contributions authorizedpursuant to this section unless willful neglect or gross negligence is proven.

(Added to NRS by 2001 Special Session,79; A 2003, 3273;2005, 997)

NRS 1A.480 Disabilityretirement allowance: Eligibility; calculation of amount; beneficiaries;effective date of termination or adjustment of allowance.

1. A member of the Judicial Retirement Plan who has 5years or more of service credit and who becomes totally unable to perform hiscurrent job or any comparable job for which he is qualified by his training andexperience because of injury or mental or physical illness of a permanentnature is eligible to apply for disability retirement if:

(a) Except as otherwise provided in subsection 5, hisemployment as a justice of the Supreme Court, district judge, justice of thepeace or municipal judge will be terminated because of the disability;

(b) He is employed as a justice of the Supreme Court, adistrict judge, a justice of the peace or a municipal judge at the time ofapplication for disability retirement;

(c) He proves that his disability renders him unable toperform the duties of his present position and of any other position he hasheld within the past year;

(d) He files a notarized application for disabilityretirement with the System which indicates a selection of option and to whichis attached a personal statement by the member of the Judicial Retirement Plandescribing the disability, the duties which he can and cannot perform, and anybenefits he is entitled to receive for disability from any other public source;and

(e) The Court Administrator if the member is a justiceof the Supreme Court or a district judge, the county if the member is a justiceof the peace or the city if the member is a municipal judge, files an officialstatement certifying the members employment record, record of disability,absences that have occurred because of the disability, the effect upon the workof the member after the disability, and job functions that can and cannot beperformed because of the disability.

2. Except as otherwise required as a result of NRS 1A.410, the amount of the disabilityretirement allowance must be calculated in the same manner as provided forservice retirement calculations in NRS1A.440, except that no reduction for the age of a member of the JudicialRetirement Plan may be made and that the allowance must be reduced by theamount of any other benefit received from any source on account of the samedisability:

(a) If the benefit is provided or was purchased by theexpenditure of money by a Nevada public employer; and

(b) To the extent that the total of the unmodifiedbenefit and the other benefit would otherwise exceed his average compensation.

3. A member of the Judicial Retirement Plan may applyfor disability retirement even if he is eligible for service retirement.

4. Each child of a deceased recipient of a disabilityretirement allowance is entitled to receive the benefits provided by NRS 1A.580 only if the decedent had notreached the age and completed the service required to be eligible for a serviceretirement allowance, except that these benefits must not be paid to anyone whois named as a beneficiary under one of the options to an unmodified allowance.

5. If a member of the Judicial Retirement Plan whoseapplication for disability retirement has been:

(a) Approved dies before his employment is terminated,but within 60 days after his application was approved; or

(b) Mailed before his death, as indicated by the dateof the postmark dated by the post office on the envelope in which it wasmailed, dies before the Board has acted upon his application and the Boardapproves thereafter his application,

hisbeneficiary is entitled to receive an allowance under the option selectedrather than the benefit otherwise provided for a survivor.

6. The termination or adjustment of a disabilityretirement allowance resulting from the death of a recipient of an allowancepursuant to this section must not become effective until the first day of themonth immediately following the death of the recipient.

7. As used in this section, public employer has themeaning ascribed to it in NRS 286.070.

(Added to NRS by 2001 Special Session,80; A 2005, 998)

NRS 1A.490 Disability retirement allowance:Applicability of certain provisions. The provisions of NRS286.630, 286.634 and 286.637, concerning disability retirement,apply to a member of the Judicial Retirement Plan who is receiving a disabilityretirement allowance pursuant to NRS1A.480.

(Added to NRS by 2001 Special Session,81)

NRS 1A.500 Disabilityretirement allowance: Cancellation.

1. When the recipient of a disability retirementallowance is determined by the Board to be no longer disabled, his allowancemust be cancelled.

2. A retired justice or judge who retired on accountof disability whose benefit is cancelled may:

(a) Suspend his monthly benefit until eligible forservice retirement; or

(b) Elect a service retirement reduced for his age ifhe has the service credit necessary to retire.

(Added to NRS by 2001 Special Session,81)

NRS 1A.510 Disabilityretirement allowance: Consequences of employment of recipient.

1. Except as otherwise provided in subsection 2,whenever a recipient of a disability retirement allowance pursuant to NRS 1A.480 returns to employment as ajustice of the Supreme Court, district judge, justice of the peace or municipaljudge, the allowance must be discontinued and his service credit at the time ofdisability retirement must be restored. The member shall retire under the sameretirement plan previously selected for retirement on account of disability ifhe returns to disability retirement or elects service retirement within 1 yearafter his return to employment.

2. A recipient of a disability retirement allowancemay be employed and continue to receive his allowance if he applies to theBoard for approval of the employment before he begins to work and the Boardapproves his application. The application must include:

(a) A full description of the proposed employment; and

(b) A statement written by the member of the Systemdeclaring the reasons why the proposed employment should not be found toconflict with his disability.

(Added to NRS by 2001 Special Session,81; A 2005, 999)

NRS 1A.520 Paymentof allowance or benefit to alternate payee pursuant to domestic relationsorder.

1. A person may submit a judgment, decree or order ofa district court or the Supreme Court of the State of Nevada relating to childsupport, alimony or the disposition of community property to the ExecutiveOfficer of the Board or his designee for a determination of whether thejudgment, decree or order entitles an alternate payee to receive from theSystem all or a portion of the allowance or benefit of a member of the JudicialRetirement Plan or a retired justice or judge.

2. The judgment, decree or order submitted to theExecutive Officer of the Board or his designee must be signed by a districtjudge or by the justices of the Supreme Court and entered and certified by theclerk of the district court or the Clerk of the Supreme Court.

3. The Executive Officer of the Board or his designeeshall, in accordance with rules prescribed by the Board, determine whether thejudgment, decree or order entitles the alternate payee to receive an allowanceor benefit from the System. An alternate payee is entitled to receive anallowance or benefit from the Judicial Retirement Plan if the judgment, decreeor order:

(a) Specifies clearly the names and last known mailingaddresses, if any, of the member of the Judicial Retirement Plan or retiredjustice or judge and the alternate payee;

(b) Specifies clearly the amount, percentage or mannerof determining the amount of the allowance or benefit of the member of theJudicial Retirement Plan or retired justice or judge that must be paid by theSystem to each alternate payee;

(c) Specifically directs the System to pay an allowanceor benefit to the alternate payee;

(d) Does not require the System to provide an allowanceor benefit or any option not otherwise provided under this chapter; and

(e) Does not require the payment of an allowance orbenefit to an alternate payee before the retirement of a member of the JudicialRetirement Plan.

4. For the purposes of this subsection, alternatepayee means a spouse, former spouse, child or other dependent of a member ofthe Judicial Retirement Plan or retired justice or judge who, pursuant to ajudgment, decree or order relating to child support, alimony or the dispositionof community property, is entitled to receive all or a portion of the allowanceor benefit of a member or retired justice or judge from the System.

(Added to NRS by 2001 Special Session,82; A 2005, 1069)

Benefits for Survivors

NRS 1A.530 Definitions. As used in NRS 1A.530to 1A.670, inclusive, unless thecontext otherwise requires, the words and terms defined in NRS 1A.540, 1A.550 and 1A.560 have the meanings ascribed to themin those sections.

(Added to NRS by 2001 Special Session,83)

NRS 1A.540 Childdefined. Child means an unmarried personunder 18 years of age who is the issue or legally adopted child of a deceasedmember of the Judicial Retirement Plan. As used in this section, issue meansthe progeny or biological offspring of the deceased member.

(Added to NRS by 2001 Special Session,83)

NRS 1A.550 Dependentparent defined. Dependent parent means thesurviving parent of a deceased member of the Judicial Retirement Plan who was dependentupon the deceased member for at least 50 percent of his support for at least 6months immediately preceding the death of the deceased member.

(Added to NRS by 2001 Special Session,83)

NRS 1A.560 Spousedefined. Spouse means the surviving husbandor wife of a deceased member of the Judicial Retirement Plan.

(Added to NRS by 2001 Special Session,84)

NRS 1A.570 Eligibility.

1. Except as otherwise provided in subsection 3, if adeceased member of the Judicial Retirement Plan had 2 years of creditableservice in the 2 1/2 years immediately preceding his death, or if the employeehad 10 or more years of creditable service, certain of his dependents areeligible for payments as provided in NRS1A.530 to 1A.670, inclusive. Ifthe death of the member resulted from a mental or physical condition whichrequired him to leave his position as a justice of the Supreme Court, districtjudge, justice of the peace or municipal judge or go on leave without pay,eligibility pursuant to the provisions of this section extends for 18 monthsafter his termination or commencement of leave without pay.

2. If the death of a member of the Judicial RetirementPlan occurs while he is on leave of absence for further training and if he metthe requirements of subsection 1 at the time his leave began, certain of hisdependents are eligible for payments as provided in subsection 1.

3. If the death of a member of the Judicial RetirementPlan is caused by an occupational disease or an accident arising out of and inthe course of his employment, no prior creditable service is required to makehis dependents eligible for payments pursuant to NRS 1A.530 to 1A.670, inclusive, except that thissubsection does not apply to an accident occurring while the member istraveling between his home and his principal place of employment.

4. As used in this section, dependent includes asurvivor beneficiary designated pursuant to NRS1A.620.

(Added to NRS by 2001 Special Session,84; A 2005, 999)

NRS 1A.580 Paymentsto child of deceased member.

1. Each child of a deceased member of the JudicialRetirement Plan is entitled to receive a cumulative benefit of at least $400 permonth, beginning on the first day of the month following the members death.

2. Payments to any child cease on the last day of themonth of:

(a) His adoption;

(b) His death;

(c) His marriage; or

(d) Except as otherwise provided in subsection 3, 4 or5, his attaining the age of 18 years.

3. Except as otherwise provided in subsection 4, thesebenefits may be paid to the child of a deceased member of the JudicialRetirement Plan until the last day of the month of his 23rd birthday if, at thetime that he attains 18 years, he is, and continues thereafter to be, afull-time student in any accredited:

(a) High school;

(b) Vocational or technical school; or

(c) College or university.

4. If the Board ceases the payment of benefits to achild of a deceased member who received benefits pursuant to subsection 3because the child ceased being a full-time student, the Board may resume thepayment of such benefits until the last day of the month of the childs 23rdbirthday if the child returns to full-time status at an accredited:

(a) High school;

(b) Vocational or technical school; or

(c) College or university.

5. These benefits may be commenced or extendedindefinitely beyond a childs 18th birthday if and so long as he is determinedby the System to be:

(a) Financially dependent; and

(b) Physically or mentally incompetent.

6. All benefits under this section may be paid by theSystem to the childs:

(a) Surviving parent; or

(b) Legal guardian.

7. The Board shall establish uniform standards andprocedures for determining whether a child is:

(a) A full-time student;

(b) Financially dependent; and

(c) Physically or mentally incompetent.

(Added to NRS by 2001 Special Session,84; A 2005, 1070)

NRS 1A.590 Paymentsto spouse of deceased member.

1. The spouse of a deceased member of the JudicialRetirement Plan is entitled to receive a cumulative benefit of at least $450per month. The payments must begin on the first day of the month immediatelyfollowing the death of the member and must cease on the last day of the monthin which the spouse dies.

2. The benefits paid pursuant to this section are inaddition to any benefits paid pursuant to NRS1A.580.

(Added to NRS by 2001 Special Session,85)

NRS 1A.600 Paymentsto spouse of deceased member who had 10 or more years of creditable service.

1. The spouse of a deceased member of the JudicialRetirement Plan who had 10 or more years of creditable service is entitled toreceive a monthly allowance equivalent to that provided by:

(a) Option 3 in NRS1A.450, if the deceased member had less than 15 years of service on thedate of his death; or

(b) Option 2 in NRS1A.450, if the deceased member had 15 or more years of service on the dateof his death.

To apply theprovisions of Options 2 and 3, the deceased member shall be deemed to haveretired on the date of his death immediately after having named the spouse asbeneficiary under the applicable option. This benefit must be computed withoutany reduction for age for the deceased member. The benefits provided by thissubsection must be paid to the spouse for the remainder of the spouses life.

2. The spouse may elect to receive the benefitsprovided by any one of the following only:

(a) This section; or

(b) NRS 1A.590.

(Added to NRS by 2001 Special Session,85)

NRS 1A.610 Paymentsto spouse if deceased member was eligible to retire. Thespouse of a deceased member of the Judicial Retirement Plan who was fullyeligible to retire, both as to service and age, is entitled to receive amonthly allowance equivalent to that provided by Option 2 in NRS 1A.450. This section does not apply tothe spouse of a member who was eligible to retire only under subsection 2 of NRS 1A.350. For the purposes of applyingthe provisions of Option 2, the deceased member shall be deemed to have retiredon the date of his death immediately after having named the spouse asbeneficiary under Option 2. The benefits provided by this section must be paidto the spouse for the remainder of the spouses life. The spouse may elect toreceive the benefits provided by any one of the following only:

1. This section;

2. NRS 1A.590;or

3. NRS 1A.600.

(Added to NRS by 2001 Special Session,86)

NRS 1A.620 Designationof survivor beneficiary and additional payees by member.

1. A member of the Judicial Retirement Plan maydesignate, in writing, a survivor beneficiary and one or more additional payeesto receive the payments provided pursuant to NRS 1A.630, 1A.640 or 1A.650 if the member is unmarried on thedate of his death.

2. A designation pursuant to subsection 1 must be madeon a form approved by the Executive Officer of the Board. If a member hasdesignated one or more payees in addition to the survivor beneficiary, themember must designate the percentage of the payments that the survivorbeneficiary and each additional payee is entitled to receive.

(Added to NRS by 2001 Special Session,85; A 2003, 2072)

NRS 1A.630 Paymentsto survivor beneficiary of and to additional payees designated by deceasedmember.

1. Except as otherwise provided in this subsection,the survivor beneficiary of a deceased member of the Judicial Retirement Planis entitled to receive a cumulative benefit of at least $450 per month. If a memberhas designated one or more payees in addition to the survivor beneficiarypursuant to NRS 1A.620, the cumulativebenefit paid pursuant to this subsection must be divided between the survivorbeneficiary and any additional payee in the proportion designated by the memberpursuant to NRS 1A.620. The paymentsmust begin on the first day of the month immediately following the death of themember and must cease on the last day of the month in which the survivorbeneficiary dies.

2. The benefits paid pursuant to this section are inaddition to any benefits paid pursuant to NRS1A.580.

3. As used in this section, survivor beneficiarymeans a person designated pursuant to NRS1A.620.

(Added to NRS by 2001 Special Session,85; A 2003, 2072)

NRS 1A.640 Paymentsto survivor beneficiary of and to additional payees designated by deceasedmember who had 10 or more years of creditable service.

1. Except as otherwise provided in subsection 2, thesurvivor beneficiary of a deceased member of the Judicial Retirement Plan whohad 10 or more years of creditable service is entitled to receive a monthlyallowance equivalent to that provided by:

(a) Option 3 in NRS1A.450, if the deceased member had less than 15 years of service on thedate of his death; or

(b) Option 2 in NRS1A.450, if the deceased member had 15 or more years of service on the dateof his death.

To apply the provisions of Options 2and 3, the deceased member shall be deemed to have retired on the date of hisdeath immediately after having named the survivor beneficiary as beneficiarypursuant to the applicable option. This benefit must be computed without anyreduction for age for the deceased member. The benefits provided by this subsectionmust be paid to the survivor beneficiary for the remainder of the life of thesurvivor beneficiary.

2. If themember had designated one or more payees in addition to the survivorbeneficiary pursuant to NRS 1A.620,the monthly allowance to which a survivor beneficiary is entitled pursuant tosubsection 1 must be divided between the survivor beneficiary and anyadditional payee in the proportion designated by the member pursuant to NRS 1A.620.

3. The survivor beneficiary may elect to receive thebenefits provided by any one of the following only:

(a) This section; or

(b) NRS 1A.630.

4. As used in this section, survivor beneficiarymeans a person designated pursuant to NRS1A.620.

(Added to NRS by 2001 Special Session,85; A 2003, 2073)

NRS 1A.650 Paymentsto survivor beneficiary and to additional payees designated by deceased memberif deceased member was eligible to retire.

1. Except as otherwise provided in subsection 2, thesurvivor beneficiary of a deceased member of the Judicial Retirement Plan whowas fully eligible to retire, both as to service and age, is entitled toreceive a monthly allowance equivalent to that provided by Option 2 in NRS 1A.450. This section does not applyto the survivor beneficiary of a member who was eligible to retire onlypursuant to subsection 2 of NRS 1A.350.For the purposes of applying the provisions of Option 2, the deceased membershall be deemed to have retired on the date of his death immediately afterhaving named the survivor beneficiary as beneficiary pursuant to Option 2. Thebenefits provided by this section must be paid to the survivor beneficiary forthe remainder of the life of the survivor beneficiary. The survivor beneficiarymay elect to receive the benefits provided by any one of the following only:

(a) This section;

(b) NRS 1A.630;or

(c) NRS 1A.640.

2. If themember had designated one or more payees in addition to the survivorbeneficiary pursuant to NRS 1A.620,the monthly allowance to which a survivor beneficiary is entitled pursuant tosubsection 1 must be divided between the survivor beneficiary and anyadditional payee in the proportion designated by the member pursuant to NRS 1A.620.

3. As used in this section, survivor beneficiarymeans a person designated pursuant to NRS1A.620.

(Added to NRS by 2001 Special Session,86; A 2003, 2073)

NRS 1A.660 Paymentsto dependent parents; conditions. If paymentsare not made pursuant to the provisions of NRS1A.580, 1A.590, 1A.600, 1A.630 or 1A.640, the dependent parent of adeceased member of the Judicial Retirement Plan is entitled to receive acumulative benefit of at least $400 per month, and if there are two dependentparents, each is entitled to receive a cumulative benefit of at least $400 permonth. Payments to any parent pursuant to this section must cease upon thedeath of that parent.

(Added to NRS by 2001 Special Session,86)

NRS 1A.670 Limitationon and reduction of amount of monthly allowance. Theamount of each monthly allowance paid as specified in NRS 1A.580 to 1A.660, inclusive, must not exceed thedeceased member of the Judicial Retirement Plans average compensation and mustbe reduced by the amount of any other benefit received from any source:

1. If that benefit was provided or purchased by theexpenditure of money by this State if the deceased member was a justice of theSupreme Court or district judge, by the county if the deceased member was ajustice of the peace or by the city if the deceased member was a municipaljudge, except for lump-sum payments under a group insurance program; and

2. To the extent that the total of the allowance andthe other benefit would otherwise exceed the deceased members averagecompensation.

(Added to NRS by 2001 Special Session,86; A 2005, 1000)

 

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