Assembly Bill No. 4–Joint Rules Committee

 

Prefiled June 13, 2001

____________

 

Referred to Committee of the Whole

 

SUMMARY—Establishes judicial retirement system for certain justices of the supreme court and district court judges. (BDR 1‑12)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                             Effect on the State: Contains Appropriation included in Executive Budget.

 

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

 

AN ACT relating to the judiciary; establishing a judicial retirement system for certain justices of the supreme court and district court judges; providing a penalty; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1. Title 1 of NRS is hereby amended by adding thereto a new

1-2  chapter to consist of the provisions set forth as sections 2 to 68, inclusive,

1-3  of this act.

1-4    Sec. 2.  As used in this chapter, unless the context otherwise

1-5  requires, the words and terms defined in sections 3 to 10, inclusive, of

1-6  this act have the meanings ascribed to them in those sections.

1-7    Sec. 3.  “Board” means the public employees’ retirement board.

1-8    Sec. 4.  1.  “Compensation” means the salary paid to a justice of the

1-9  supreme court or district judge by this state including:

1-10    (a) Base pay, which is the monthly rate of pay excluding all fringe

1-11  benefits;

1-12    (b) Additional payment for longevity; and

1-13    (c) Payment for extra duty assignments if it is the standard practice of

1-14  this state to include such pay in the employment contract or official job

1-15  description for the calendar year in which it is paid and such pay is

1-16  specifically included in the justice’s or judge’s employment contract or

1-17  official job description.

1-18    2.  The term does not include any type of payment not specifically

1-19  described in this section.

1-20    Sec. 5.  “Disability retirement allowance” means monthly payments

1-21  from the judicial retirement fund paid to disabled retired justices of the

1-22  supreme court or district judges pursuant to the judicial retirement plan.

2-1    Sec. 6.  “Judicial retirement plan” means the retirement plan

2-2  established pursuant to section 25 of this act.

2-3    Sec. 7.  “Retired justice or judge” means a justice of the supreme

2-4  court or district judge who was a member of the judicial retirement plan

2-5  at the time he retired or who decides, pursuant to section 23 or 24 of this

2-6  act, to receive benefits for retirement pursuant to the judicial retirement

2-7  plan.

2-8    Sec. 8.  “Service” means all creditable employment which is

2-9  validated pursuant to the provisions of this chapter and can be used in

2-10  determining eligibility and scope of benefits for justices of the supreme

2-11  court or district judges pursuant to the judicial retirement plan.

2-12    Sec. 9.  “Service retirement allowance” means monthly payments

2-13  from the judicial retirement fund paid to a retired justice of the supreme

2-14  court or district judge pursuant to the judicial retirement plan for the

2-15  remainder of his life.

2-16    Sec. 10.  “System” means the judicial retirement system established

2-17  pursuant to this chapter.

2-18    Sec. 11.  1.  A system of retirement providing benefits for the

2-19  retirement, disability or death of all justices of the supreme court and

2-20  district judges and funded on an actuarial reserve basis is hereby

2-21  established and must be known as the judicial retirement system.

2-22    2.  The system consists of the judicial retirement plan and the

2-23  provisions set forth in NRS 2.060 to 2.075, inclusive, and section 70 of

2-24  this act and NRS 3.090 to 3.097, inclusive, and section 75 of this act for

2-25  providing benefits to justices of the supreme court or district judges who

2-26  served either as a justice of the supreme court or district judge before

2-27  November 5, 2002. Each justice of the supreme court or district judge

2-28  who is not a member of the public employees’ retirement system is a

2-29  member of the system.

2-30    3.  The official correspondence and records, other than the files of

2-31  individual members of the system or retired justices or judges, and the

2-32  minutes and books of the system are public records and are available for

2-33  public inspection.

2-34    4.  The system must be administered exclusively by the board, which

2-35  shall make all necessary rules and regulations for the administration of

2-36  the system. The rules must include, without limitation, rules relating to

2-37  the administration of the retirement plans in accordance with federal

2-38  law. The legislature shall regularly review the system.

2-39    Sec. 12.  All records maintained for a member of the system, retired

2-40  justice or judge, justice or judge who retired pursuant to NRS 2.060 to

2-41  2.075, inclusive, and section 70 of this act, or pursuant to NRS 3.090 to

2-42  3.097, inclusive, and section 75 of this act, or his beneficiary may be

2-43  reviewed and copied only by the system, the member, the court

2-44  administrator, the spouse of the member, or the retired justice or judge or

2-45  his spouse, or pursuant to a court order, or by a beneficiary after the

2-46  death of the justice or judge on whose account benefits are received

2-47  pursuant to the system. Any member, retired justice or judge, justice or

2-48  judge who retired pursuant to NRS 2.060 to 2.075, inclusive, and section

2-49  70 of this act, or pursuant to NRS 3.090 to 3.097, inclusive, and section

3-1  75 of this act, or beneficiary may submit a written waiver to the system

3-2  authorizing his representative to review or copy all such records.

3-3    Sec. 13.  1.  The judicial retirement fund is hereby established as a

3-4  trust fund.

3-5    2.  It is hereby declared to be the policy of the legislature that the

3-6  judicial retirement fund is established to afford a degree of security to

3-7  long-time justices of the supreme court and district judges in this state.

3-8  The money in the fund must not be used or appropriated for any purpose

3-9  incompatible with the provisions of this chapter or NRS 2.060 to 2.075,

3-10  inclusive, and section 70 of this act, or NRS 3.090 to 3.097, inclusive, and

3-11  section 75 of this act. The fund must be invested and administered to

3-12  ensure the highest return consistent with safety in accordance with

3-13  accepted investment practices.

3-14    3.  All money appropriated by the legislature to the judicial retirement

3-15  fund, all money submitted to the system for deposit in the fund pursuant

3-16  to section 14 of this act and all income accruing to the fund from all

3-17  other sources must be deposited in the fund.

3-18    4.  The interest and income earned on the money in the judicial

3-19  retirement fund, after deducting any applicable charges, must be credited

3-20  to the fund.

3-21    5.  The system must pay all retirement allowances, benefits, optional

3-22  settlements and other obligations or payments payable by the system

3-23  pursuant to this chapter and NRS 2.060 to 2.075, inclusive, and section

3-24  70 of this act and NRS 3.090 to 3.097, inclusive, and section 75 of this act

3-25  from the judicial retirement fund. The money in the fund must be

3-26  expended by the board for the payment of expenses authorized by law to

3-27  be paid from the fund.

3-28    Sec. 14.  1.  Beginning July 1, 2003, the court administrator shall

3-29  submit to the system for deposit in the judicial retirement fund on behalf

3-30  of each member of the system the percentage of compensation of the

3-31  member that is determined by the actuary of the system to be required to

3-32  pay the normal cost incurred in making payments pursuant to subsection

3-33  5 of section 13 of this act and any administrative expenses of the system.

3-34  Such payments must be:

3-35      (a) Accompanied by payroll reports that include information deemed

3-36  necessary by the board to carry out its duties; and

3-37      (b) Received by the system not later than 15 days after the calendar

3-38  month for which the compensation and service credits of members of the

3-39  system are reported and certified by the court administrator. The

3-40  compensation must be reported separately for each month that it is paid.

3-41    2.  Beginning July 1, 2003, the court administrator shall pay to the

3-42  system for deposit in the judicial retirement fund from any fund created

3-43  for the purpose of paying pension benefits to justices of the supreme

3-44  court or district judges an amount as the contribution of the State of

3-45  Nevada as employer which is actuarially determined to be sufficient to

3-46  provide the system with enough money to pay all benefits for which the

3-47  system will be liable.

4-1    Sec. 15.  1.  The board shall establish a fund known as the judicial

4-2  retirement administrative fund in which must be deposited all

4-3  administrative fees.

4-4    2.  The board shall fix an administrative fee per capita sufficient to

4-5  pay the expense of operating the judicial retirement system.

4-6    Sec. 16.  1.  The board may establish a fund to pay the accrued

4-7  benefits of a member of the system that are not payable because of the

4-8  limitations set forth in section 27 of this act. The fund must be

4-9  established in accordance with the provisions of section 415(m) of the

4-10  Internal Revenue Code, 26 U.S.C. § 415(m), and must be separate from

4-11  the judicial retirement fund.

4-12    2.  If the board establishes a fund pursuant to subsection 1, the

4-13  benefits that are required to be paid from the fund must be paid from

4-14  money in the fund.

4-15    Sec. 17.  The board has the exclusive control of the administration

4-16  and investment of the judicial retirement fund, with the same powers and

4-17  duties and subject to the same limitations and restrictions that are

4-18  applicable to the administration and investment of the public employees’

4-19  retirement fund.

4-20    Sec. 18.  Except as specifically provided in this chapter, the accounts

4-21  of members of the system and recipients of benefits of the system must be

4-22  administered in accordance with the provisions of chapter 286 of NRS as

4-23  if the justice of the supreme court or the district judge were or had been a

4-24  member of the public employees’ retirement system.

4-25    Sec. 19.  1.  The board shall not change the actuarial assumptions

4-26  used in computing the benefits provided to a member of the system.

4-27    2.  The board shall make available to every member of the system

4-28  upon request the actuarial assumptions used in computing the benefits

4-29  provided to a member of the system.

4-30    Sec. 20.  1.  The board, subject to the limitations of this chapter, is

4-31  responsible for managing the system.

4-32    2.  The board shall:

4-33    (a) Arrange for a biennial actuarial valuation and report of the

4-34  actuarial soundness of the system to be prepared by an independent

4-35  actuary based upon data compiled and supplied by employees of the

4-36  system, and shall adopt actuarial tables and formula prepared and

4-37  recommended by the actuary;

4-38    (b) Provide for a biennial audit of the system, including, without

4-39  limitation, the judicial retirement administrative fund, by an independent

4-40  certified public accountant; and

4-41    (c) Provide an annual report concerning the judicial retirement

4-42  system established pursuant to this chapter to the court administrator, the

4-43  governor and each member of the legislature, and make the report

4-44  available to all members of the judicial retirement system upon request.

4-45  The report must contain, when available, a review of the actuarial

4-46  valuation required by paragraph (a).

4-47    3.  The board may:

4-48    (a) Adjust the service or correct the records, allowance or benefits of

4-49  any member of the system, retired justice or judge or beneficiary after an

5-1  error or inequity has been determined, and require repayment of any

5-2  money determined to have been paid by the system in error, if the money

5-3  was paid within 6 years before demand for its repayment.

5-4    (b) Examine and copy personnel and financial records of a justice of

5-5  the supreme court or district judge that are maintained by the court

5-6  administrator.

5-7    (c) Require an annual notarized statement from a retired justice or

5-8  judge or beneficiary that he is in fact receiving an allowance or benefits,

5-9  and withhold the allowance or benefits if he fails to provide the

5-10  statement.

5-11    4.  As used in this section, “error or inequity” means the existence of

5-12  extenuating circumstances, including, without limitation, a member’s

5-13  reasonable and detrimental reliance on representations made by the

5-14  system which prove to be erroneous, or the mental incapacity of the

5-15  member.

5-16    Sec. 21.  1.  No person may become a member of the judicial

5-17  retirement system unless he is a justice of the supreme court or a district

5-18  judge.

5-19    2.  Except as otherwise provided in section 32 of this act, persons

5-20  retired under the provisions of this chapter who are employed as a justice

5-21  of the supreme court or district judge in any judicial capacity, including,

5-22  without limitation, employment as a senior justice or senior judge of the

5-23  Nevada court system, are not eligible to become members of the system.

5-24    Sec. 22.  1.  Membership of a justice of the supreme court or a

5-25  district judge in the system terminates upon:

5-26    (a) The death of a member;

5-27    (b) Receipt of retirement allowances by a member of the judicial

5-28  retirement plan or retirement benefits pursuant to NRS 2.060 to 2.075,

5-29  inclusive, and section 70 of this act, or pursuant to NRS 3.090 to 3.097,

5-30  inclusive, and section 75 of this act; or

5-31    (c) Receipt of disability allowances by a member of the judicial

5-32  retirement plan or disability benefits pursuant to NRS 2.060 to 2.075,

5-33  inclusive, and section 70 of this act, or pursuant to NRS 3.090 to 3.097,

5-34  inclusive, and section 75 of this act.

5-35    2.  A retired justice or judge is not entitled to any right conferred by

5-36  this chapter upon a member of the system unless the provision conferring

5-37  that right expressly states that it is conferred upon a retired justice or

5-38  judge.

5-39    3.  A justice or judge who retired pursuant to NRS 2.060 to 2.075,

5-40  inclusive, and section 70 of this act, or pursuant to NRS 3.090 to 3.097,

5-41  inclusive, and section 75 of this act, is not entitled to any right conferred

5-42  by this chapter upon a member of the system unless the provision

5-43  conferring that right expressly states that it is conferred upon a justice or

5-44  judge who retired pursuant to NRS 2.060 to 2.075, inclusive, and section

5-45  70 of this act, or pursuant to NRS 3.090 to 3.097, inclusive, and section

5-46  75 of this act.

5-47    Sec. 23.  1.  Each justice of the supreme court or district judge who

5-48  is elected or appointed as a justice of the supreme court or a district

5-49  judge on or after November 5, 2002, who takes office on or after

 

6-1  January 1, 2003, and who previously has not served as either a justice of

6-2  the supreme court or a district judge must receive benefits for retirement,

6-3  benefits for disability and survivor benefits under the judicial retirement

6-4  plan, if eligible to receive such benefits under the judicial retirement

6-5  plan, unless he is a member of the public employees’ retirement system

6-6  and elects to remain a member pursuant to section 24 of this act if

6-7  eligible to do so.

6-8    2.  Each justice of the supreme court or district judge who is elected

6-9  or appointed as a justice of the supreme court or district judge on or after

6-10  November 5, 2002, and who previously has served as either a justice of

6-11  the supreme court or a district judge must receive benefits for retirement,

6-12  benefits for disability and survivor benefits pursuant to either:

6-13    (a) NRS 2.060 to 2.075, inclusive, and section 70 of this act or NRS

6-14  3.090 to 3.097, inclusive, and section 75 of this act, as those sections

6-15  existed on November 5, 2002, if eligible to receive such benefits under

6-16  such provisions; or

6-17    (b) The judicial retirement plan, if eligible to receive such benefits

6-18  under the judicial retirement plan,

6-19  whichever is most beneficial to the justice or judge or his survivor, as

6-20  determined by the justice or judge at the time of his retirement or the

6-21  time at which he becomes disabled, or as determined by his survivor at

6-22  the time of his death, unless he is a member of the public employees’

6-23  retirement system and elects to remain a member pursuant to section 24

6-24  of this act if eligible to do so. A survivor may not change a determination

6-25  that affects the survivor and which was made by a justice or judge

6-26  pursuant to this section while the justice or judge was alive.

6-27    3.  A determination made pursuant to subsection 2 is final and if a

6-28  justice or judge or his survivor determines pursuant to subsection 2:

6-29    (a) To receive benefits pursuant to the judicial retirement plan, the

6-30  justice, judge or survivor may not receive benefits pursuant to NRS 2.060

6-31  to 2.075, inclusive, and section 70 of this act or pursuant to NRS 3.090 to

6-32  3.097, inclusive, and section 75 of this act; or

6-33    (b) To receive benefits pursuant to NRS 2.060 to 2.075, inclusive, and

6-34  section 70 of this act or pursuant to NRS 3.090 to 3.097, inclusive, and

6-35  section 75 of this act, the justice, judge or survivor may not receive

6-36  benefits pursuant to the judicial retirement plan.

6-37    4.  No justice of the supreme court or district judge or survivor of a

6-38  justice of the supreme court or district judge may receive benefits under

6-39  both this chapter and:

6-40    (a) NRS 2.060 to 2.075, inclusive, and section 70 of this act; or

6-41    (b) NRS 3.090 to 3.097, inclusive, and section 75 of this act.

6-42    5.  A justice of the supreme court or district judge or a survivor of a

6-43  justice of the supreme court or district judge who is receiving retirement

6-44  allowances pursuant to NRS 2.060 to 2.075, inclusive, and section 70 of

6-45  this act, or pursuant to NRS 3.090 to 3.097, inclusive, and section 75 of

6-46  this act, on January 1, 2003, is not eligible for transfer to the judicial

6-47  retirement plan.

6-48      Sec. 24.  1.  A person who is elected or appointed as a justice of the

6-49  supreme court or district judge on or after November 5, 2002, and takes

7-1  office on or after January 1, 2003, who is a member of the public

7-2  employees’ retirement system established pursuant to chapter 286 of NRS

7-3  on the date that he is elected or appointed may withdraw from the public

7-4  employees’ retirement system and become a member of the judicial

7-5  retirement plan if he gives written notice to the board of his intention to

7-6  withdraw from the public employees’ retirement system and to become a

7-7  member of the judicial retirement plan. Such notice must be given to the

7-8  board within the time set forth in subsection 3 and must be given the first

7-9  time that the justice or judge is elected or appointed while he is a member

7-10  of the public employees’ retirement system.

7-11    2.  A justice or judge may not become a member of the judicial

7-12  retirement plan pursuant to subsection 1 if he has previously been elected

7-13  or appointed on or after November 5, 2002, and taken office on or after

7-14  January 1, 2003, while he was a member of the public employees’

7-15  retirement system and he did not give notice of his intention to withdraw

7-16  from the public employees’ retirement system and to become a member of

7-17  the judicial retirement plan in the manner set forth in this section.

7-18    3.  Written notice given pursuant to subsection 1 must be received by

7-19  the board:

7-20    (a) If the justice or judge is elected, by March 31 of the year

7-21  immediately following the year in which he was elected; or

7-22    (b) If the justice or judge is appointed, within 90 days after his

7-23  appointment.

7-24    4.  If the board receives notice pursuant to this section that a justice

7-25  or judge intends to withdraw from the public employees’ retirement

7-26  system, it shall transfer from the public employees’ retirement fund to the

7-27  judicial retirement plan the accrued actuarial liability and credit for

7-28  service earned by the justice or judge while a member of the public

7-29  employees’ retirement system as determined by an actuary of the judicial

7-30  retirement system. The service so transferred must be accredited under

7-31  the judicial retirement plan as if performed in the public employees’

7-32  retirement system.

7-33    5.  A justice or judge who exercises the option granted by this section

7-34  may not reestablish the service for which the liabilities were transferred.

7-35    6.  No justice of the supreme court or district judge or survivor of a

7-36  justice of the supreme court or district judge may receive benefits under

7-37  both this chapter and chapter 286 of NRS.

7-38    7.  A justice of the supreme court or district judge or survivor of a

7-39  justice of the supreme court or district judge who is receiving a

7-40  retirement allowance from the public employees’ retirement system on

7-41  January 1, 2003, is not eligible for transfer to the judicial retirement

7-42  plan.

7-43    Sec. 25.  1.  A plan under which all justices of the supreme court

7-44  and district judges who are elected or appointed for the first time as

7-45  either a justice of the supreme court or district judge on or after

7-46  November 5, 2002, and who take office on or after January 1, 2003, and

7-47  who do not elect to remain in the public employees’ retirement system, if

8-1  eligible to do so, must receive benefits for retirement, disability and death

8-2  is hereby established and must be known as the judicial retirement plan.

8-3    2.  Each justice of the supreme court or district judge elected or

8-4  appointed for the first time as either a justice of the supreme court or

8-5  district judge on or after November 5, 2002, and who takes office on or

8-6  after January 1, 2003, and who does not elect pursuant to section 24 of

8-7  this act to remain in the public employees’ retirement system, if eligible

8-8  to do so, is a member of the judicial retirement plan.

8-9    3.  Benefits are earned pursuant to the judicial retirement plan in the

8-10  manner set forth in sections 26 to 68, inclusive, of this act.

8-11    Sec. 26.  Except as otherwise required as a result of section 27 of this

8-12  act:

8-13    1.  A member of the judicial retirement plan who has 5 years of

8-14  creditable service may, except as otherwise provided in subsection 2,

8-15  purchase up to 5 years of service. The member must pay the full

8-16  actuarial cost of the service as determined by an actuary of the system.

8-17    2.  A justice or judge may purchase creditable service pursuant to

8-18  subsection 1 only if, at the time of the purchase, he is employed in a

8-19  position whose occupant is eligible for membership in the judicial

8-20  retirement plan.

8-21    3.  A member of the judicial retirement plan may use:

8-22    (a) All or any portion of the balance of his interest in a qualified trust

8-23  pursuant to section 401(a) of the Internal Revenue Code, 26 U.S.C. §

8-24  401(a); or

8-25    (b) The money contained in an individual retirement account or in an

8-26  individual retirement annuity of a member, the entire amount of which

8-27  is:

8-28      (1) Attributable to a qualified distribution from a qualified trust

8-29  pursuant to section 401(a) of the Internal Revenue Code, 26 U.S.C. §

8-30  401(a); and

8-31      (2) Qualified as an eligible rollover distribution pursuant to section

8-32  402 of the Internal Revenue Code, 26 U.S.C. § 402,

8-33  to purchase creditable service pursuant to subsection 1.

8-34    4.  If a member of the judicial retirement plan enters into an

8-35  agreement whereby he agrees to pay for the purchase of service credit in

8-36  installments and he defaults on that agreement, the member is entitled to

8-37  receive service credit in the proportion that the principal paid bears to the

8-38  principal due under the agreement.

8-39    Sec. 27.  Notwithstanding any other provision of law, the benefits

8-40  payable to and the contributions made for the benefit of a member of the

8-41  judicial retirement plan are limited pursuant to the provisions of sections

8-42  415(b) and 415(c) of the Internal Revenue Code, 26 U.S.C. §§ 415(b) and

8-43  415(c), that apply to governmental plans.

8-44    Sec. 28.  Service credit for a member of the judicial retirement plan

8-45  begins on the day his term of office begins and terminates on the day his

8-46  term of office expires, unless sooner terminated on the day of his death,

8-47  resignation or removal from office.

8-48    Sec. 29.  Except as otherwise provided in this chapter, a member of

8-49  the judicial retirement plan must not receive credit in the plan for service

9-1  that entitled the member to credit for retirement purposes in any other

9-2  retirement system operated by the federal or a state government, or any

9-3  of their agencies or political subdivisions, including, without limitation,

9-4  the Social Security Act.

9-5    Sec. 30.  1.  A member of the judicial retirement plan is eligible to

9-6  retire at the age of 65 years if he has at least 5 years of service, at the age

9-7  of 60 years if he has at least 10 years of service and at any age if he has

9-8  at least 30 years of service.

9-9    2.  Any member of the judicial retirement plan who has the years of

9-10  creditable service necessary to retire, but has not attained the required

9-11  age, if any, may retire at any age with a benefit actuarially reduced to the

9-12  required retirement age. Except as otherwise required as a result of

9-13  section 27 of this act, a retirement benefit pursuant to this subsection

9-14  must be reduced by 4 percent of the unmodified benefit for each full year

9-15  that the member is under the appropriate retirement age, and an

9-16  additional 0.33 percent for each additional month that the member is

9-17  under the appropriate retirement age. Any option selected pursuant to

9-18  this subsection must be reduced by an amount proportionate to the

9-19  reduction provided in this subsection for the unmodified benefit. The

9-20  board may adjust the actuarial reduction based upon an experience study

9-21  of the system and recommendation by the actuary.

9-22    Sec. 31.  1.  Except as otherwise provided in subsection 4 and

9-23  sections 32 and 33 of this act, if a retired justice or judge accepts

9-24  employment as a justice of the supreme court or district judge in any

9-25  judicial capacity, including, without limitation, employment as a senior

9-26  justice or senior judge of the Nevada court system, he is disqualified from

9-27  receiving any allowances under the judicial retirement plan for the

9-28  duration of his active service.

9-29    2.  If a retired justice or judge accepts any employment other than

9-30  that described in subsection 1, the justice or judge is entitled to the same

9-31  allowances as a retired justice or judge who has no employment.

9-32      3.  If a retired justice or judge who accepts employment as a justice

9-33  of the supreme court or district judge in a judicial capacity pursuant to

9-34  this section elects not to reenroll in the judicial retirement plan pursuant

9-35  to subsection 1 of section 32 of this act, the court administrator may pay

9-36  contributions on behalf of the retired justice or judge to a retirement

9-37  fund which is not a part of the judicial retirement plan in an amount not

9-38  to exceed the amount of the contributions that the court administrator

9-39  would pay to the system on behalf of a participating justice or judge who

9-40  is employed in a similar position.

9-41    4.  The system may waive for one period of 30 days or less a retired

9-42  justice’s or judge’s disqualification under this section if the chief justice

9-43  of the supreme court certifies in writing, in advance, that the retired

9-44  justice or judge is recalled to meet an emergency and that no other

9-45  qualified person is immediately available.

9-46    Sec. 32.  1.  A retired justice or judge who accepts employment as a

9-47  justice of the supreme court or district judge in any judicial capacity,

9-48  including, without limitation, employment as a senior justice or senior

9-49  judge of the Nevada court system, may enroll in the judicial retirement

10-1  plan as of the effective date of that employment. As of the date of

10-2  enrollment:

10-3    (a) He forfeits all retirement allowances for the duration of that

10-4  employment; and

10-5    (b) Except as otherwise required as a result of section 27 or 35 of this

10-6  act, if the duration of the employment is at least 6 months, he gains

10-7  additional service credit for that employment and is entitled to have a

10-8  separate service retirement allowance calculated based on his

10-9  compensation and service, effective upon the termination of that

10-10  employment. If the duration of the employment is:

10-11     (1) Less than 5 years, the additional allowance must be added to his

10-12  original allowance and must be under the same option and designated

10-13  the same beneficiary as the original allowance; or

10-14     (2) Five years or more, the additional allowance may be under any

10-15  option and designate any beneficiary in accordance with section 38 of

10-16  this act.

10-17  2.  The original service retirement allowance of such a retired justice

10-18  or judge must not be recalculated based upon the additional service

10-19  credit, nor is he entitled to any of the rights of membership that were not

10-20  in effect at the time of his original retirement. The accrual of service

10-21  credit pursuant to this section is subject to the limits imposed by:

10-22  (a) Section 39 of this act; and

10-23  (b) Section 415 of the Internal Revenue Code, 26 U.S.C. § 415.

10-24  3.  Except as otherwise required as a result of section 27 or 35 of this

10-25  act, a retired justice or judge who has been receiving a retirement

10-26  allowance pursuant to the judicial retirement plan and who is

10-27  reemployed and is enrolled in the plan for at least 5 years may have his

10-28  additional credit for service added to his previous credit for service. This

10-29  additional credit for service must not apply to more than one period of

10-30  employment after the original retirement.

10-31  4.  The survivor of a deceased member of the judicial retirement plan

10-32  who had previously retired and was reemployed and enrolled in the plan,

10-33  who qualifies for benefits pursuant to sections 52 to 67, inclusive, of this

10-34  act, is eligible for the benefits based on the service accrued through the

10-35  second period of employment.

10-36  Sec. 33.  1.  The provisions of subsection 1 of section 31 of this act

10-37  do not apply to a retired justice or judge who accepts employment as a

10-38  justice of the supreme court or district judge in a judicial capacity if:

10-39  (a) He fills a position for which there is a critical labor shortage; and

10-40  (b) At the time of his reemployment, he is receiving:

10-41     (1) An unmodified benefit; or

10-42     (2) A benefit actuarially reduced pursuant to subsection 2 of section

10-43  30 of this act and has reached the required age at which he could have

10-44  retired with an unmodified benefit.

10-45  2.  A retired justice or judge who is reemployed under the

10-46  circumstances set forth in subsection 1 may reenroll in the judicial

10-47  retirement plan as provided in section 32 of this act.

10-48  3.  The supreme court shall designate positions in the judicial branch

10-49  of state government for which there are critical labor shortages.

11-1    Sec. 34.  Notwithstanding any other provision of law, every

11-2  distribution to a member of the judicial retirement plan must be made

11-3  pursuant to the provisions of section 401(a)(9) of the Internal Revenue

11-4  Code, 26 U.S.C. § 401(a)(9), that apply to governmental plans.

11-5    Sec. 35.  Notwithstanding any other provision of law, the amount of

11-6  compensation used to determine the retirement benefit of a member of

11-7  the judicial retirement plan must not exceed the limitation provided by

11-8  section 401(a)(17) of the Internal Revenue Code, 26 U.S.C. § 401(a)(17).

11-9    Sec. 36.  Forfeitures must not be applied to increase the benefits any

11-10  member of the judicial retirement plan would otherwise receive pursuant

11-11  to the provisions governing the plan as provided by section 401(a)(8) of

11-12  the Internal Revenue Code, 26 U.S.C. § 401(a)(8).

11-13  Sec. 37.  1.  Applications for service retirement allowances or

11-14  disability retirement allowances must be submitted to the offices of the

11-15  system on forms approved by the executive officer of the board. The form

11-16  must not be deemed filed unless it contains:

11-17  (a) The member of the judicial retirement plan’s selection of the

11-18  retirement plan contained in section 39 of this act or one of the optional

11-19  plans provided in section 40 of this act;

11-20  (b) A notarized statement of the marital status of the member of the

11-21  judicial retirement plan; and

11-22  (c) If the member of the system is married, a statement of the spouse’s

11-23  consent or objection to the chosen retirement plan, signed by the spouse

11-24  and notarized.

11-25  2.  Except as otherwise required by section 34 of this act, retirement

11-26  becomes effective on whichever of the following days is the later:

11-27  (a) The day immediately following the applicant’s last day of

11-28  employment;

11-29  (b) The day the completed application form is filed with the system;

11-30  (c) The day immediately following the applicant’s last day of

11-31  creditable service; or

11-32  (d) The effective date of retirement specified on the application form.

11-33  3.  The selection of a retirement plan by a member of the judicial

11-34  retirement plan and consent or objection to that plan by the spouse

11-35  pursuant to this section does not affect the responsibility of the member

11-36  concerning the rights of any present or former spouse.

11-37  4.  The system is not liable for any damages resulting from the false

11-38  designation of marital status by a member of the system or a retired

11-39  justice or judge, or a justice of the supreme court or district judge who

11-40  retires pursuant to NRS 2.060 to 2.075, inclusive, and section 70 of this

11-41  act, or pursuant to NRS 3.090 to 3.097, inclusive, and section 75 of this

11-42  act.

11-43  Sec. 38.  1.  If the spouse of the member of the judicial retirement

11-44  plan does not consent to the retirement plan chosen by the member

11-45  before the date on which the retirement becomes effective pursuant to

11-46  section 37 of this act the system must:

11-47  (a) Notify the spouse that he has 90 days to consent or have the

11-48  member change his selection; and

12-1    (b) Pay the retirement at the amount calculated for Option 2 provided

12-2  in section 40 of this act until the spouse consents or for 90 days,

12-3  whichever is less.

12-4    2.  Upon consent of the spouse or at the end of the 90 days, the

12-5  retirement benefit must be recalculated and paid under the terms of the

12-6  option originally selected by the member retroactively to the date on

12-7  which the retirement became effective.

12-8    Sec. 39.  Except as otherwise required as a result of section 27 or 35

12-9  of this act:

12-10  1.  Except as otherwise provided in this subsection, a monthly service

12-11  retirement allowance must be determined by multiplying a member of the

12-12  judicial retirement plan’s average compensation by 3.4091 percent for

12-13  each year of service, except that a member of the plan is entitled to a

12-14  benefit of not more than 75 percent of his average compensation with his

12-15  eligibility for service credit ceasing at 22 years of service.

12-16  2.  For the purposes of this section, “average compensation” means

12-17  the average of a member of the plan’s 36 consecutive months of highest

12-18  compensation as certified by the court administrator.

12-19  Sec. 40.  1.  The alternatives to an unmodified service retirement

12-20  allowance are as follows:

12-21  (a) Option 2 consists of a reduced service retirement allowance

12-22  payable monthly during the retired justice’s or judge’s life, with the

12-23  provision that it continue after his death for the life of the beneficiary

12-24  whom he nominates by written designation acknowledged and filed with

12-25  the board at the time of retirement should the beneficiary survive him.

12-26  (b) Option 3 consists of a reduced service retirement allowance

12-27  payable monthly during the retired justice’s or judge’s life, with the

12-28  provision that it continue after his death at one-half the rate paid to him

12-29  and be paid for the life of the beneficiary whom he nominates by written

12-30  designation acknowledged and filed with the board at the time of

12-31  retirement should the beneficiary survive him.

12-32  (c) Option 4 consists of a reduced service retirement allowance

12-33  payable monthly during the retired justice’s or judge’s life, with the

12-34  provision that it continue after his death for the life of his beneficiary,

12-35  whom he nominates by written designation acknowledged and filed with

12-36  the board at the time of the election, should his beneficiary survive him,

12-37  beginning on the attainment by the surviving beneficiary of age 60 years.

12-38  (d) Option 5 consists of a reduced service retirement allowance

12-39  payable monthly during the retired justice’s or judge’s life, with the

12-40  provision that it continue after his death at one-half the rate paid to him

12-41  and be paid for the life of his beneficiary whom he nominates by written

12-42  designation acknowledged and filed with the board at the time of the

12-43  election, should his beneficiary survive him, beginning on the attainment

12-44  by the surviving beneficiary of age 60 years.

12-45  (e) Option 6 consists of a reduced service retirement allowance

12-46  payable monthly during the retired justice’s or judge’s life, with the

12-47  provision that a specific sum per month, which cannot exceed the

12-48  monthly allowance paid to the retired justice or judge, be paid after his

12-49  death to the beneficiary for the life of the beneficiary whom he

13-1  nominates by written designation acknowledged and filed with the board

13-2  at the time of retirement, should the beneficiary survive him.

13-3    (f) Option 7 consists of a reduced service retirement allowance

13-4  payable monthly during the retired justice’s or judge’s life, with the

13-5  provision that a specific sum per month, which cannot exceed the

13-6  monthly allowance paid to the retired justice or judge, be paid after his

13-7  death to the beneficiary for the life of the beneficiary whom he

13-8  nominates by written designation acknowledged and filed with the board

13-9  at the time of election, should the beneficiary survive him, beginning on

13-10  the attainment by the surviving beneficiary of age 60 years.

13-11  2.  Post-retirement allowances must be considered a part of a retired

13-12  justice’s or judge’s monthly benefit and included in the allowance paid to

13-13  a beneficiary under one of the optional plans set forth in this section.

13-14  Sec. 41.  1.  If a member of the judicial retirement plan enters

13-15  retirement status under one of the optional plans described in section 40

13-16  of this act and the designated beneficiary predeceases the retired justice

13-17  or judge, the monthly retirement allowance must be automatically

13-18  adjusted to the unmodified retirement allowance provided in section 39

13-19  of this act.

13-20  2.  A retired justice or judge may not change the selected option or

13-21  designated beneficiary after the effective date of retirement except as

13-22  otherwise provided in subsection 3 and subsection 3 of section 32 of this

13-23  act.

13-24  3.  A retired justice or judge may cancel his selected option and

13-25  designation of beneficiary and revert to the unmodified retirement

13-26  allowance. He shall make this election by written designation,

13-27  acknowledged and filed with the board. The written election must be

13-28  accompanied by a written, notarized acknowledgment of the change by

13-29  the beneficiary if the beneficiary is the spouse of the retired justice or

13-30  judge. The election to cancel a selected option and revert to the

13-31  unmodified allowance does not abrogate any obligation of the retired

13-32  justice or judge respecting community property.

13-33  4.  The termination or adjustment of a monthly retirement allowance

13-34  resulting from the death of a justice or judge or beneficiary must not

13-35  become effective until the first day of the month immediately following

13-36  the death of the retired justice or judge or beneficiary.

13-37  Sec. 42.  Each person who receives benefits from the judicial

13-38  retirement fund pursuant to the system is entitled to receive cost-of-living

13-39  increases equivalent to those provided for retirees and beneficiaries of

13-40  the public employees’ retirement system.

13-41  Sec. 43.  1.  In addition to the options provided in NRS 287.023 and

13-42  subject to the requirements of that section, any justice of the supreme

13-43  court or district judge who retires under the conditions set forth in

13-44  section 30 of this act and, at the time of his retirement, was covered or

13-45  had his dependents covered by any group insurance or medical and

13-46  hospital service established pursuant to NRS 287.010 and 287.020, has

13-47  the option of having the executive officer of the board deduct and pay his

13-48  premium or contribution for that group insurance or medical and

13-49  hospital service coverage, as well as the amount due or to become due

14-1  upon any obligation designated by the board pursuant to subsection 2,

14-2  from his monthly retirement allowance until:

14-3    (a) He notifies the executive officer of the board to discontinue the

14-4  deduction; or

14-5    (b) Any of his dependents elect to assume the premium or contribution

14-6  applicable to the dependent’s coverage before the death of such a retired

14-7  justice or judge and continue coverage pursuant to NRS 287.023 after

14-8  his death.

14-9    2.  The board may adopt regulations to carry out the provisions of

14-10  subsection 1, including, without limitation, regulations governing the

14-11  number and types of obligations, amounts for the payment of which may

14-12  be deducted and paid by the board at the option of the retired justice or

14-13  judge pursuant to this section.

14-14  3.  The executive officer of the board, the board and the system are

14-15  not liable for any damages resulting from errors or omissions concerning

14-16  the deductions and payment of premiums or contributions authorized

14-17  pursuant to this section unless willful neglect or gross negligence is

14-18  proven.

14-19  Sec. 44.  1.  A member of the judicial retirement plan who has 5

14-20  years or more of service credit and who becomes totally unable to

14-21  perform his current job or any comparable job for which he is qualified

14-22  by his training and experience, because of injury or mental or physical

14-23  illness of a permanent nature is eligible to apply for disability retirement

14-24  if:

14-25  (a) Except as otherwise provided in subsection 5, his employment as a

14-26  justice of the supreme court or district judge will be terminated because

14-27  of the disability;

14-28  (b) He is employed as a justice of the supreme court or a district judge

14-29  at the time of application for disability retirement;

14-30  (c) He proves that his disability renders him unable to perform the

14-31  duties of his present position and of any other position he has held within

14-32  the past year;

14-33  (d) He files a notarized application for disability retirement with the

14-34  system which indicates a selection of option and to which is attached a

14-35  personal statement by the member of the judicial retirement plan,

14-36  describing the disability, the duties which he can and cannot perform,

14-37  and any benefits he is entitled to receive for disability from any other

14-38  public source; and

14-39  (e) The court administrator files an official statement certifying the

14-40  member’s employment record, record of disability, absences that have

14-41  occurred because of the disability, the effect upon the work of the

14-42  member after the disability, and job functions that can and cannot be

14-43  performed because of the disability.

14-44  2.  Except as otherwise required as a result of section 27 of this act,

14-45  the amount of the disability retirement allowance must be calculated in

14-46  the same manner as provided for service retirement calculations in

14-47  section 39 of this act, except that no reduction for the age of a member of

14-48  the judicial retirement plan may be made and that the allowance must be

15-1  reduced by the amount of any other benefit received from any source on

15-2  account of the same disability:

15-3    (a) If the benefit is provided or was purchased by the expenditure of

15-4  money by a Nevada public employer; and

15-5    (b) To the extent that the total of the unmodified benefit and the other

15-6  benefit would otherwise exceed his average compensation.

15-7    3.  A member of the judicial retirement plan may apply for disability

15-8  retirement even if he is eligible for service retirement.

15-9    4.  Each child of a deceased recipient of a disability retirement

15-10  allowance is entitled to receive the benefits provided by section 57 of this

15-11  act only if the decedent had not reached the age and completed the

15-12  service required to be eligible for a service retirement allowance, except

15-13  that these benefits must not be paid to anyone who is named as a

15-14  beneficiary under one of the options to an unmodified allowance.

15-15  5.  If a member of the judicial retirement plan whose application for

15-16  disability retirement has been:

15-17  (a) Approved, dies before his employment is terminated, but within 60

15-18  days after his application was approved; or

15-19  (b) Mailed before his death as indicated by the date of the postmark

15-20  dated by the post office on the envelope in which it was mailed, dies

15-21  before the board has acted upon his application and the board approves

15-22  thereafter his application,

15-23  his beneficiary is entitled to receive an allowance under the option

15-24  selected rather than the benefit otherwise provided for a survivor.

15-25  6.  The termination or adjustment of a disability retirement allowance

15-26  resulting from the death of a recipient of an allowance pursuant to this

15-27  section must not become effective until the first day of the month

15-28  immediately following the death of the recipient.

15-29  7.  As used in this section, “public employer” has the meaning

15-30  ascribed to it in NRS 286.070.

15-31  Sec. 45.  The provisions of NRS 286.630, 286.634 and 286.637,

15-32  concerning disability retirement, apply to a member of the judicial

15-33  retirement plan who is receiving a disability retirement allowance

15-34  pursuant to section 44 of this act.

15-35  Sec. 46.  1.  When the recipient of a disability retirement allowance

15-36  is determined by the board to be no longer disabled, his allowance must

15-37  be canceled.

15-38  2.  A retired justice or judge who retired on account of disability

15-39  whose benefit is canceled may:

15-40  (a) Suspend his monthly benefit until eligible for service retirement;

15-41  or

15-42  (b) Elect a service retirement reduced for his age if he has the service

15-43  credit necessary to retire.

15-44  Sec. 47.  1.  Except as otherwise provided in subsection 2, whenever

15-45  a recipient of a disability retirement allowance pursuant to section 44 of

15-46  this act returns to employment as a justice of the supreme court or

15-47  district judge, the allowance must be discontinued and his service credit

15-48  at the time of disability retirement must be restored. The member shall

15-49  retire under the same retirement plan previously selected for retirement

16-1  on account of disability if he returns to disability retirement or elects

16-2  service retirement within 1 year after his return to employment.

16-3    2.  A recipient of a disability retirement allowance may be employed

16-4  and continue to receive his allowance if he applies to the board for

16-5  approval of the employment before he begins to work and the board

16-6  approves his application. The application must include:

16-7    (a) A full description of the proposed employment; and

16-8    (b) A statement written by the member of the system declaring the

16-9  reasons why the proposed employment should not be found to conflict

16-10  with his disability.

16-11  Sec. 48.  Any person convicted of the murder or voluntary

16-12  manslaughter of a member of the system is ineligible to receive any

16-13  benefit conferred by any provision of this chapter or NRS 2.060 to 2.075,

16-14  inclusive, and section 70 of this act, or NRS 3.090 to 3.097, inclusive, and

16-15  section 75 of this act, by reason of the death of that member. The system

16-16  may withhold the payment of any benefit otherwise payable under this

16-17  chapter by reason of the death of any member of the system from any

16-18  person charged with the murder or voluntary manslaughter of that

16-19  member, pending final determination of those charges.

16-20  Sec. 49.  1.  Except as otherwise provided in NRS 31A.150 and

16-21  section 50 of this act and as limited by subsection 2, the right of a person

16-22  to a pension, an annuity, a retirement allowance, the pension, annuity or

16-23  retirement allowance itself, any optional benefit or death benefit or any

16-24  other right accrued or accruing to any person under the provisions of

16-25  this chapter, and the money in the judicial retirement fund, is:

16-26  (a) Exempt from all state, county and municipal taxes;

16-27  (b) Not subject to execution, garnishment, attachment or any other

16-28  process;

16-29  (c) Not subject to the operation of any bankruptcy or insolvency law;

16-30  (d) Not assignable, by power of attorney or otherwise; and

16-31  (e) Exempt from assessment for the impairment or insolvency of any

16-32  life or health insurance company.

16-33  2.  The system may withhold money from a benefit when the person

16-34  applying for or receiving the benefit owes money to the system.

16-35  Sec. 50.  1.  A person may submit a judgment, decree or order of a

16-36  district court or the supreme court of the State of Nevada relating to child

16-37  support, alimony or the disposition of community property to the

16-38  executive officer of the board or his designee for a determination of

16-39  whether the judgment, decree or order entitles an alternate payee to

16-40  receive from the system all or a portion of the allowance or benefit of a

16-41  member of the judicial retirement plan or a retired justice or judge.

16-42  2.  The judgment, decree or order submitted to the executive officer of

16-43  the board or his designee must be signed by a district judge or by the

16-44  justices of the supreme court and entered and certified by the clerk of the

16-45  district court or the clerk of the supreme court.

16-46  3.  The executive officer of the board or his designee shall, in

16-47  accordance with rules prescribed by the board, determine whether the

16-48  judgment, decree or order entitles the alternate payee to receive an

16-49  allowance or benefit from the system. An alternate payee is entitled to

17-1  receive an allowance or benefit from the judicial retirement plan if the

17-2  judgment, decree or order:

17-3    (a) Specifies clearly the names, social security numbers and last

17-4  known mailing addresses, if any, of the member of the judicial retirement

17-5  plan or retired justice or judge and the alternate payee;

17-6    (b) Specifies clearly the amount, percentage or manner of determining

17-7  the amount of the allowance or benefit of the member of the judicial

17-8  retirement plan or retired justice or judge that must be paid by the system

17-9  to each alternate payee;

17-10  (c) Specifically directs the system to pay an allowance or benefit to the

17-11  alternate payee;

17-12  (d) Does not require the system to provide an allowance or benefit or

17-13  any option not otherwise provided under this chapter; and

17-14  (e) Does not require the payment of an allowance or benefit to an

17-15  alternate payee before the retirement of a member of the judicial

17-16  retirement plan.

17-17  4.  For the purposes of this subsection, “alternate payee” means a

17-18  spouse, former spouse, child or other dependent of a member of the

17-19  judicial retirement plan or retired justice or judge who, pursuant to a

17-20  judgment, decree or order relating to child support, alimony or the

17-21  disposition of community property, is entitled to receive all or a portion of

17-22  the allowance or benefit of a member or retired justice or judge from the

17-23  system.

17-24  Sec. 51.  1.  Any check for benefits which has not been paid within

17-25  5 years after being transferred to the account for unclaimed benefits

17-26  must be transferred to the judicial retirement fund.

17-27  2.  If, within 6 years after a check for benefits has been transferred

17-28  pursuant to subsection 1, any person appears and claims the money, the

17-29  claimant may file a petition in the district court for Carson City stating

17-30  the nature of his claim, with an appropriate prayer for the relief

17-31  demanded. A copy of the petition must be served upon the attorney

17-32  general before or at the time it is filed. Within 20 days after service, the

17-33  attorney general shall appear in the proceeding and respond to the

17-34  petition. If, after examining all the facts, the attorney general is

17-35  convinced that the system has no legal defense against the petition, he

17-36  may, with the consent of the court, confess judgment on behalf of the

17-37  system.

17-38  3.  If judgment is not confessed, the petition must be considered at

17-39  issue on the 20th day after its filing, and may be heard by the court on

17-40  that day, or at such future day as the court may order. Upon the hearing,

17-41  the court shall examine into the claim and hear the allegations and

17-42  proofs. If the court finds that the claimant is entitled to any money

17-43  transferred pursuant to subsection 1 to the judicial retirement fund, it

17-44  shall order the board to pay the money forthwith to the claimant, but

17-45  without interest or cost to the board.

17-46  4.  All persons, except minors and persons of unsound mind, who fail

17-47  to appear and file their petitions within the time limited in subsection 1

17-48  are forever barred. Minors and persons of unsound mind may appear

18-1  and file their petitions at any time within 5 years after their respective

18-2  disabilities are removed.

18-3    Sec. 52.  As used in sections 52 to 66, inclusive, of this act, unless the

18-4  context otherwise requires, the words and terms defined in sections 53,

18-5  54 and 55 of this act have the meanings ascribed to them in those

18-6  sections.

18-7    Sec. 53.  “Child” means an unmarried person under 18 years of age

18-8  who is the issue or legally adopted child of a deceased member of the

18-9  judicial retirement plan. As used in this section, “issue” means the

18-10  progeny or biological offspring of the deceased member.

18-11  Sec. 54.  “Dependent parent” means the surviving parent of a

18-12  deceased member of the judicial retirement plan who was dependent

18-13  upon the deceased member for at least 50 percent of his support for at

18-14  least 6 months immediately preceding the death of the deceased member.

18-15  Sec. 55.  “Spouse” means the surviving husband or wife of a

18-16  deceased member of the judicial retirement plan.

18-17  Sec. 56.  1.  Except as otherwise provided in subsection 3, if a

18-18  deceased member of the judicial retirement plan had 2 years of creditable

18-19  service in the 2 1/2 years immediately preceding his death, or if the

18-20  employee had 10 or more years of creditable service, certain of his

18-21  dependents are eligible for payments as provided in sections 52 to 66,

18-22  inclusive, of this act. If the death of the member resulted from a mental

18-23  or physical condition which required him to leave his position as a justice

18-24  of the supreme court or district judge or go on leave without pay,

18-25  eligibility pursuant to the provisions of this section extends for 18 months

18-26  after his termination or commencement of leave without pay.

18-27  2.  If the death of a member of the judicial retirement plan occurs

18-28  while he is on leave of absence for further training and if he met the

18-29  requirements of subsection 1 at the time his leave began, certain of his

18-30  dependents are eligible for payments as provided in subsection 1.

18-31  3.  If the death of a member of the judicial retirement plan is caused

18-32  by an occupational disease or an accident arising out of and in the

18-33  course of his employment, no prior creditable service is required to make

18-34  his dependents eligible for payments pursuant to sections 52 to 66,

18-35  inclusive, of this act, except that this subsection does not apply to an

18-36  accident occurring while the member is traveling between his home and

18-37  his principal place of employment.

18-38  4.  As used in this section, “dependent” includes a survivor

18-39  beneficiary designated pursuant to section 60 of this act.

18-40  Sec. 57.  1.  Each child of a deceased member of the judicial

18-41  retirement plan is entitled to receive a cumulative benefit of at least $400

18-42  per month, beginning on the first day of the month following the

18-43  member’s death.

18-44  2.  Except as otherwise provided in subsections 3 and 4, payments to

18-45  any child cease on the last day of the month of:

18-46  (a) His adoption;

18-47  (b) His death;

18-48  (c) His marriage; or

18-49  (d) His attaining the age of 18 years.

19-1    3.  These benefits may be paid to the child of a deceased member of

19-2  the judicial retirement plan until the last day of the month of his 23rd

19-3  birthday if he was, at the time of the member’s death, and continues

19-4  thereafter to be, a full-time student in any accredited:

19-5    (a) High school;

19-6    (b) Vocational or technical school; or

19-7    (c) College or university.

19-8    4.  These benefits may be commenced or extended indefinitely beyond

19-9  a child’s 18th birthday if and so long as he is determined by the system to

19-10  be:

19-11  (a) Financially dependent; and

19-12  (b) Physically or mentally incompetent.

19-13  5.  All benefits under this section may be paid by the system to the

19-14  child’s:

19-15  (a) Surviving parent; or

19-16  (b) Legal guardian.

19-17  6.  The board shall establish uniform standards and procedures for

19-18  determining whether a child is:

19-19  (a) A full-time student;

19-20  (b) Financially dependent; and

19-21  (c) Physically or mentally incompetent.

19-22  Sec. 58. 1.  The spouse of a deceased member of the judicial

19-23  retirement plan is entitled to receive a cumulative benefit of at least $450

19-24  per month. The payments must begin on the first day of the month

19-25  immediately following the death of the member and must cease on the

19-26  last day of the month in which the spouse dies.

19-27  2.  The benefits paid pursuant to this section are in addition to any

19-28  benefits paid pursuant to section 57 of this act.

19-29  Sec. 59.  1.  The spouse of a deceased member of the judicial

19-30  retirement plan who had 10 or more years of creditable service is entitled

19-31  to receive a monthly allowance equivalent to that provided by:

19-32  (a) Option 3 in section 40 of this act, if the deceased member had less

19-33  than 15 years of service on the date of his death; or

19-34  (b) Option 2 in section 40 of this act, if the deceased member had

19-35  more than 15 or more years of service on the date of his death.

19-36  To apply the provisions of Options 2 and 3, the deceased member shall be

19-37  deemed to have retired on the date of his death immediately after having

19-38  named the spouse as beneficiary under the applicable option. This

19-39  benefit must be computed without any reduction for age for the deceased

19-40  member. The benefits provided by this subsection must be paid to the

19-41  spouse for the remainder of the spouse’s life.

19-42  2.  The spouse may elect to receive the benefits provided by any one of

19-43  the following only:

19-44  (a) This section; or

19-45  (b) Section 58 of this act.

19-46  Sec. 60.  An unmarried member of the judicial retirement plan may

19-47  designate, in writing, a survivor beneficiary to receive the payments

19-48  provided pursuant to section 61, 62 or 63 of this act if the member is

19-49  unmarried on the date of his death. A designation pursuant to this

20-1  section must be made on a form approved by the executive officer of the

20-2  board.

20-3    Sec. 61.  1.  The survivor beneficiary of a deceased member of the

20-4  judicial retirement plan is entitled to receive a cumulative benefit of at

20-5  least $450 per month. The payments must begin on the first day of the

20-6  month immediately following the death of the member and must cease on

20-7  the last day of the month in which the survivor beneficiary dies.

20-8  2.  The benefits paid pursuant to this section are in addition to any

20-9  benefits paid pursuant to section 57 of this act.

20-10  3.  As used in this section, “survivor beneficiary” means a person

20-11  designated pursuant to section 60 of this act.

20-12  Sec. 62.  1.  The survivor beneficiary of a deceased member of the

20-13  judicial retirement plan who had 10 or more years of creditable service is

20-14  entitled to receive a monthly allowance equivalent to that provided by:

20-15  (a) Option 3 in section 40 of this act, if the deceased member had less

20-16  than 15 years of service on the date of his death; or

20-17  (b) Option 2 in section 40 of this act, if the deceased member had 15

20-18  or more years of service on the date of his death.

20-19  To apply the provisions of Options 2 and 3, the deceased member shall be

20-20  deemed to have retired on the date of his death immediately after having

20-21  named the survivor beneficiary as beneficiary pursuant to the applicable

20-22  option. This benefit must be computed without any reduction for age for

20-23  the deceased member. The benefits provided by this subsection must be

20-24  paid to the survivor beneficiary for the remainder of the life of the

20-25  survivor beneficiary.

20-26  2.  The survivor beneficiary may elect to receive the benefits provided

20-27  by any one of the following only:

20-28  (a) This section; or

20-29  (b) Section 61 of this act.

20-30  3.  As used in this section, “survivor beneficiary” means a person

20-31  designated pursuant to section 60 of this act.

20-32  Sec. 63.  1.  The survivor beneficiary of a deceased member of the

20-33  judicial retirement plan who was fully eligible to retire, both as to service

20-34  and age, is entitled to receive a monthly allowance equivalent to that

20-35  provided by Option 2 in section 40 of this act. This section does not apply

20-36  to the survivor beneficiary of a member who was eligible to retire only

20-37  pursuant to subsection 2 of section 30 of this act. For the purposes of

20-38  applying the provisions of Option 2, the deceased member shall be

20-39  deemed to have retired on the date of his death immediately after having

20-40  named the survivor beneficiary as beneficiary pursuant to Option 2. The

20-41  benefits provided by this section must be paid to the survivor beneficiary

20-42  for the remainder of the life of the survivor beneficiary. The survivor

20-43  beneficiary may elect to receive the benefits provided by any one of the

20-44  following only:

20-45  (a) This section;

20-46  (b) Section 61 of this act; or

20-47  (c) Section 62 of this act.

20-48  2.  As used in this section, “survivor beneficiary” means a person

20-49  designated pursuant to section 60 of this act.

21-1  Sec. 64. The spouse of a deceased member of the judicial retirement

21-2  plan who was fully eligible to retire, both as to service and age, is entitled

21-3  to receive a monthly allowance equivalent to that provided by Option 2 in

21-4  section 40 of this act. This section does not apply to the spouse of a

21-5  member who was eligible to retire only under subsection 2 of section 30

21-6  of this act. For the purposes of applying the provisions of Option 2, the

21-7  deceased member shall be deemed to have retired on the date of his death

21-8  immediately after having named the spouse as beneficiary under Option

21-9  2. The benefits provided by this section must be paid to the spouse for the

21-10  remainder of the spouse’s life. The spouse may elect to receive the

21-11  benefits provided by any one of the following only:

21-12  1.  This section;

21-13  2.  Section 58 of this act; or

21-14  3.  Section 59 of this act.

21-15  Sec. 65. If payments are not made pursuant to the provisions of

21-16  section 57, 58, 59, 61 or 62 of this act, the dependent parent of a deceased

21-17  member of the judicial retirement plan is entitled to receive a cumulative

21-18  benefit of at least $400 per month, and if there are two dependent

21-19  parents, each is entitled to receive a cumulative benefit of at least $400

21-20  per month. Payments to any parent pursuant to this section must cease

21-21  upon the death of that parent.

21-22  Sec. 66.  The amount of each monthly allowance paid as specified in

21-23  sections 57 to 65, inclusive, of this act must not exceed the deceased

21-24  member of the judicial retirement plan’s average compensation and must

21-25  be reduced by the amount of any other benefit received from any source:

21-26  1.  If that benefit was provided or purchased by the expenditure of

21-27  money by this state, except for lump-sum payments under a group

21-28  insurance program; and

21-29  2.  To the extent that the total of the allowance and the other benefit

21-30  would otherwise exceed the deceased member’s average compensation.

21-31  Sec. 67. 1.  The retirement allowance for a member of the judicial

21-32  retirement plan becomes vested on the date that the member completes 5

21-33  years of creditable service.

21-34  2.  Benefits for survivors offered pursuant to this chapter become

21-35  vested on the date that the member of the judicial retirement plan

21-36  completes 10 years of creditable service or becomes entitled to begin

21-37  receiving benefits or on the date of his death, whichever event occurs

21-38  first.

21-39  3.  Unless otherwise specifically provided by law, any change in the

21-40  provisions of this chapter is retroactive for all service of any member of

21-41  the judicial retirement plan before the date of vesting, but no change may

21-42  impair any vested allowance or benefit.

21-43  4.  Upon the termination or partial termination of the system, all

21-44  accrued benefits that are funded become 100 percent vested and

21-45  nonforfeitable.

21-46  Sec. 68.  A person who knowingly makes a false statement, certifies

21-47  to an incorrect document or withholds information for the purpose of

21-48  receiving or assisting another person in receiving benefits under this

21-49  chapter to which he is not entitled is guilty of a gross misdemeanor.

22-1  Sec. 69.  NRS 1.365 is hereby amended to read as follows:

22-2  1.365  1.  All of the following claims must be submitted to the [court

22-3  administrator,] executive officer of the public employees’ retirement

22-4  board who shall [act as administrative officer in processing] process the

22-5  claims:

22-6  [1.] (a) Claims of justices of the supreme court pursuant to NRS [2.050

22-7  and 2.060.

22-8  2.] 2.060.

22-9  (b) Claims pursuant to NRS 2.070 and section 15 of [this act.

22-10  3.] Senate Bill No. 349 of the 71st session of the Nevada Legislature.

22-11  (c) Claims of judges of the district courts pursuant to NRS [3.030 and

22-12  3.090.

22-13  4.] 3.090.

22-14  (d) Claims pursuant to NRS 3.095 and section 16 of [this act.] Senate

22-15  Bill No. 349 of the 71st session of the Nevada Legislature.

22-16  2.  The following claims must be submitted to the court administrator,

22-17  who shall act as administrative officer in processing the claims:

22-18  (a) Claims of justices of the supreme court under NRS 2.050.

22-19  (b) Claims of judges of the district courts under NRS 3.030.

22-20  Sec. 70.  Chapter 2 of NRS is hereby amended by adding thereto a new

22-21  section to read as follows:

22-22  The provisions of NRS 2.060 to 2.075, inclusive, and section 15 of

22-23  Senate Bill No. 349 of the 71st session of the Nevada Legislature:

22-24  1.  Apply only to a justice of the supreme court or a surviving spouse

22-25  or surviving child of a justice of the supreme court who served as a

22-26  justice of the supreme court or district judge before November 5, 2002;

22-27  2.  Are administered by the public employees’ retirement board

22-28  pursuant to section 11 of this act; and

22-29  3.  Are part of the judicial retirement system established pursuant to

22-30  section 11 of this act.

22-31  Sec. 71.  NRS 2.060 is hereby amended to read as follows:

22-32  2.060  1.  Any justice of the supreme court who has served as a justice

22-33  or judge of a district court in any one or more of those courts for a period

22-34  or periods aggregating 22 years and has ended such service is, after

22-35  reaching the age of 60 years, entitled to receive annually from the State of

22-36  Nevada, as a pension during the remainder of his life, a sum of money

22-37  equal in amount to three-fourths the sum received as a salary for his

22-38  judicial services during the last year thereof, payable [every 2 weeks from

22-39  money provided by direct legislative appropriation.] monthly from the

22-40  judicial retirement fund established pursuant to section 13 of this act.

22-41  2.  Any justice of the supreme court who has served as a justice or

22-42  judge of a district court in any one or more of those courts for a period or

22-43  periods aggregating 5 years and has ended such service is, after reaching

22-44  the age of 60 years, entitled to receive annually from the State of Nevada,

22-45  as a pension during the remainder of his life, a sum of money equal in

22-46  amount to 4.1666 percent of the sum received as a salary for his judicial

22-47  services during the last year thereof, payable [every 2 weeks from money

22-48  provided by direct legislative appropriation.] monthly from the judicial

22-49  retirement fund established pursuant to section 13 of this act.

23-1  3.  Any justice of the supreme court who qualifies for a pension under

23-2  the provisions of subsection 2 is entitled to receive, for each year served

23-3  beyond 5 years up to a maximum of 22 years, an additional 4.1666 percent

23-4  of the sum received as a salary for his judicial services during the last year

23-5  thereof, payable as provided in subsection 2.

23-6  4.  Any justice who has retired pursuant to subsection 3 and is

23-7  thereafter recalled to additional active service in the court system is entitled

23-8  to receive credit toward accumulating 22 years’ service for the maximum

23-9  pension based upon the time he actually spends in the additional active

23-10  service.

23-11  5.  Any justice who has the years of service necessary to retire but has

23-12  not attained the required age may retire at any age with a benefit actuarially

23-13  reduced to the required retirement age. A benefit under this subsection

23-14  must be reduced in the same manner as benefits are reduced for persons

23-15  retired under the public employees’ retirement system.

23-16  6.  Any person receiving a pension pursuant to the provisions of this

23-17  section is entitled to receive post-retirement increases equal to those

23-18  provided for persons retired under the public employees’ retirement

23-19  system.

23-20  7.  Any justice who desires to receive the benefits of this section must

23-21  file with the [state controller and the state treasurer] executive officer of

23-22  the public employees’ retirement board an affidavit setting forth the fact

23-23  that he is ending his service, the date and place of his birth, and the years

23-24  he has served in any district court or the supreme court.

23-25  8.  [Upon such notice and filing of the affidavit, the state controller

23-26  shall draw his warrant, payable to the justice who has thus ended his

23-27  service, upon the state treasurer for the sum due to him, and the state

23-28  treasurer shall pay the sum out of money provided by direct legislative

23-29  appropriation.

23-30  9.] The faith of the State of Nevada is hereby pledged that this section

23-31  shall not be repealed or amended so as to affect any justice who may have

23-32  ended his service pursuant to it.

23-33  Sec. 72.  NRS 2.065 is hereby amended to read as follows:

23-34  2.065  1.  A justice of the supreme court who has served as a justice or

23-35  as a district judge in any one or more courts for a period or periods

23-36  aggregating 5 years or more and who becomes permanently incapacitated,

23-37  physically or mentally, to perform the duties of his office may retire from

23-38  office regardless of age.

23-39  2.  Any justice who retires pursuant to the provisions of subsection 1 or

23-40  who is retired because of advanced age or mental or physical disability

23-41  pursuant to section 21 of article 6 of the constitution of the State of Nevada

23-42  is entitled to receive annually from the State of Nevada, as a pension

23-43  during the remainder of his life, the same pension he would receive under

23-44  NRS 2.060 based on his years of service, but without regard to his age.

23-45  3.  Any justice, or his guardian on his behalf if he is unable to act, who

23-46  desires to retire voluntarily must give notice in writing to the governor. The

23-47  governor shall appoint three physicians licensed to practice medicine in the

23-48  State of Nevada to examine the justice and report the results to the

23-49  governor in writing. If a majority of the physicians is of the opinion that

24-1  the justice is permanently incapacitated, physically or mentally, the

24-2  governor shall approve the retirement. The justice or his guardian must file

24-3  with the [state controller and state treasurer] executive officer of the public

24-4  employees’ retirement board an affidavit setting forth the fact of his

24-5  retirement and the years he has served in either or both of such courts.

24-6  4.  Pensions payable pursuant to this section must be paid in the same

24-7  manner as pensions are payable under NRS 2.060. Fees and expenses of

24-8  physicians appointed pursuant to this section must be paid out of funds

24-9  [provided by direct legislative appropriation.] from the judicial retirement

24-10  administrative fund established pursuant to section 15 of this act.

24-11  5.  The faith of the State of Nevada is hereby pledged that this section

24-12  will not be repealed or amended so as to affect adversely any justice who

24-13  may have retired or been retired pursuant to its provisions.

24-14  Sec. 73.  NRS 2.070 is hereby amended to read as follows:

24-15  2.070  1.  If a justice of the supreme court at the time of his death had

24-16  retired and was then receiving a pension under the provisions of NRS

24-17  2.060, or if at the time of his death the justice had not retired but had

24-18  performed sufficient service for retirement under the provisions of NRS

24-19  2.060, the surviving spouse, if the spouse has attained the age of 60 years,

24-20  is entitled, until his death or remarriage, to receive monthly payments of

24-21  $2,500 per month.

24-22  2.  If a surviving spouse of a justice is not eligible to receive benefits

24-23  pursuant to subsection 1, he is entitled, until his death or remarriage or

24-24  until he becomes eligible to receive those benefits, to receive payments

24-25  equal in amount to the payment provided in subsection 1 of NRS 286.674

24-26  for the spouse of a deceased member of the public employees’ retirement

24-27  system.

24-28  3.  To obtain these benefits, the surviving spouse must make

24-29  application to the [board, commission or authority entrusted with the

24-30  administration of the judges’ pensions] executive officer of the public

24-31  employees’ retirement board and furnish such information as may be

24-32  required pursuant to reasonable regulations adopted for the purpose of

24-33  carrying out the intent of this section.

24-34  4.  Any person receiving a benefit pursuant to the provisions of this

24-35  section is entitled to receive post-retirement increases equal to those

24-36  provided for persons retired under the public employees’ retirement

24-37  system.

24-38  5.  It is the intent of this section that no special fund be created for the

24-39  purpose of paying these benefits, and all payments made under the

24-40  provisions of this section are to be made out of and charged to [any fund

24-41  created for the purpose of paying pension benefits to justices of the

24-42  supreme court.] the judicial retirement fund established pursuant to

24-43  section 13 of this act.

24-44  Sec. 74.  NRS 2.075 is hereby amended to read as follows:

24-45  2.075  1.  Each child of a deceased justice of the supreme court is

24-46  entitled to receive payments equal in amount to the payments provided in

24-47  NRS 286.673 for the child of a deceased member of the public employees’

24-48  retirement system.

25-1  2.  In determining whether a child is a full-time student or financially

25-2  dependent and physically or mentally incompetent, as provided in NRS

25-3  286.673, the [court administrator] executive officer of the public

25-4  employees’ retirement board shall use any applicable standards and

25-5  procedures established by the public employees’ retirement board.

25-6  3.  It is the intent of this section that no special fund be created for the

25-7  payment of benefits, and all payments made under the provisions of this

25-8  section are to be made out of and charged to [any fund created for the

25-9  purpose of paying pension benefits to justices of the supreme court.] the

25-10  judicial retirement fund established pursuant to section 13 of this act.

25-11  Sec. 75.  Chapter 3 of NRS is hereby amended by adding thereto a new

25-12  section to read as follows:

25-13  The provisions of NRS 3.090 to 3.097, inclusive, and section 16 of

25-14  Senate Bill No. 349 of the 71st session of the Nevada Legislature.

25-15  1.  Apply only to a district judge or a surviving spouse or surviving

25-16  child of a district judge who served as a justice of the supreme court or

25-17  district judge before November 5, 2002;

25-18  2.  Are administered by the public employees’ retirement board

25-19  pursuant to section 11 of this act; and

25-20  3.  Are part of the judicial retirement system established pursuant to

25-21  section 11 of this act.

25-22  Sec. 76.  NRS 3.090 is hereby amended to read as follows:

25-23  3.090  1.  Any judge of the district court who has served as a justice of

25-24  the supreme court or judge of a district court in any one or more of those

25-25  courts for a period or periods aggregating 22 years and has ended such

25-26  service is, after reaching the age of 60 years, entitled to receive annually

25-27  from the State of Nevada, as a pension during the remainder of his life, a

25-28  sum of money equal in amount to three-fourths the sum received as a

25-29  salary for his judicial services during the last year thereof, payable [every 2

25-30  weeks from money provided by direct legislative appropriation.] monthly

25-31  from the judicial retirement fund established pursuant to section 13 of

25-32  this act.

25-33  2.  Any judge of the district court who has served as a justice of the

25-34  supreme court or judge of a district court in any one or more of those

25-35  courts for a period or periods aggregating 5 years and has ended such

25-36  service is, after reaching the age of 60 years, entitled to receive annually

25-37  from the State of Nevada, as a pension during the remainder of his life, a

25-38  sum of money equal in amount to 4.1666 percent of the sum received as a

25-39  salary for his judicial services during the last year thereof, payable [every 2

25-40  weeks from money provided by direct legislative appropriation.] monthly

25-41  from the judicial retirement fund established pursuant to section 13 of

25-42  this act.

25-43  3.  Any judge of the district court who qualifies for a pension under the

25-44  provisions of subsection 2 is entitled to receive, for each year served

25-45  beyond 5 years up to a maximum of 22 years, an additional 4.1666 percent

25-46  of the sum received as a salary for his judicial services during the last year

25-47  thereof, payable as provided in subsection 2.

25-48  4.  Any judge who has retired pursuant to subsection 3 and is thereafter

25-49  recalled to additional active service in the court system is entitled to

26-1  receive credit toward accumulating 22 years’ service for the maximum

26-2  pension based upon the time he actually spends in the additional active

26-3  service.

26-4  5.  Any district judge who has the years of service necessary to retire

26-5  but has not attained the required age may retire at any age with a benefit

26-6  actuarially reduced to the required retirement age. A retirement benefit

26-7  under this subsection must be reduced in the same manner as benefits are

26-8  reduced for persons retired under the public employees’ retirement system.

26-9  6.  Any person receiving a pension pursuant to the provisions of this

26-10  section is entitled to receive post-retirement increases equal to those

26-11  provided for persons retired in the public employees’ retirement system.

26-12  7.  Any judge of the district court who desires to receive the benefits of

26-13  this section must file with the [state controller and the state treasurer]

26-14  executive officer of the public employees’ retirement board an affidavit

26-15  setting forth the fact that he is ending his service, the date and place of his

26-16  birth, and the years he has served in any district court or the supreme court.

26-17  8.  [Upon such notice and filing of the affidavit, the state controller

26-18  shall draw his warrant, payable to the judge who has thus ended his

26-19  service, upon the state treasurer for the sum due to him, and the state

26-20  treasurer shall pay the sum out of money provided by direct legislative

26-21  appropriation.

26-22  9.] The faith of the State of Nevada is hereby pledged that this section

26-23  shall not be repealed or amended so as to affect any judge of the district

26-24  court who may have ended his service pursuant to it.

26-25  Sec. 77.  NRS 3.092 is hereby amended to read as follows:

26-26  3.092  1.  A district judge who has served as a district judge or as a

26-27  justice of the supreme court in any one or more courts for a period or

26-28  periods aggregating 5 years or more and who becomes permanently

26-29  incapacitated, physically or mentally, to perform the duties of his office

26-30  may retire from office regardless of age.

26-31  2.  Any district judge who retires pursuant to the provisions of

26-32  subsection 1 or who is retired because of advanced age or physical or

26-33  mental disability pursuant to section 21 of article 6 of the constitution of

26-34  the State of Nevada is entitled to receive annually from the State of

26-35  Nevada, a pension for the remainder of his life, the same pension he would

26-36  receive under NRS 3.090 based on his years of service but without regard

26-37  to his age.

26-38  3.  Any judge, or his guardian on his behalf if he is unable to act, who

26-39  desires to retire voluntarily must give notice in writing to the governor. The

26-40  governor shall appoint three physicians licensed to practice medicine in the

26-41  State of Nevada to examine the judge and report the results to the governor

26-42  in writing. If a majority of the physicians is of the opinion that the judge is

26-43  permanently incapacitated, physically or mentally, the governor shall

26-44  approve the retirement. The judge or his guardian must file with the [state

26-45  controller and the state treasurer] executive officer of the public

26-46  employees’ retirement board an affidavit setting forth the fact of his

26-47  retirement and the years he has served in either or both of such courts.

26-48  4.  Pensions payable pursuant to this section must be paid in the same

26-49  manner as pensions payable under NRS 3.090. Fees and expenses of

27-1  physicians appointed pursuant to this section must be paid [out of funds

27-2  provided by direct legislative appropriation.] from the judicial retirement

27-3  administrative fund established pursuant to section 15 of this act.

27-4  5.  The faith of the State of Nevada is hereby pledged that this section

27-5  will not be repealed or amended so as to affect adversely any judge who

27-6  may have retired or been retired pursuant to its provisions.

27-7  Sec. 78.  NRS 3.095 is hereby amended to read as follows:

27-8  3.095  1.  If a district judge at the time of his death had retired and

27-9  was then receiving a pension under the provisions of NRS 3.090, or if at

27-10  the time of his death the judge had not retired but had performed sufficient

27-11  service for retirement under the provisions of NRS 3.090, the surviving

27-12  spouse, if the spouse has attained the age of 60 years, is entitled, until his

27-13  death or remarriage, to receive monthly payments of $2,500 per month.

27-14  2.  If a surviving spouse of a judge is not eligible to receive benefits

27-15  pursuant to subsection 1, he is entitled, until his death or remarriage or

27-16  until he becomes eligible to receive those benefits, to receive payments

27-17  equal in amount to the payment provided in subsection 1 of NRS 286.674

27-18  for the spouse of a deceased member of the public employees’ retirement

27-19  system.

27-20  3.  To obtain these benefits, the surviving spouse must make

27-21  application to the [board, commission or authority entrusted with the

27-22  administration of the judges’ pensions] executive officer of the public

27-23  employees’ retirement fund and furnish such information as may be

27-24  required pursuant to reasonable regulations adopted for the purpose of

27-25  carrying out the intent of this section.

27-26  4.  Any person receiving a benefit pursuant to the provisions of this

27-27  section is entitled to receive post-retirement increases equal to those

27-28  provided for persons retired under the public employees’ retirement

27-29  system.

27-30  5.  It is the intent of this section that no special fund be created for the

27-31  purpose of paying these benefits, and all payments made under the

27-32  provisions of this section are to be made out of and charged to [any fund

27-33  created for the purpose of paying pension benefits to district judges.] the

27-34  judicial retirement fund established pursuant to section 13 of this act.

27-35  Sec. 79.  NRS 3.097 is hereby amended to read as follows:

27-36  3.097  1.  Each child of a deceased district judge is entitled to receive

27-37  payments equal in amount to the payments provided in NRS 286.673 for

27-38  the child of a deceased member of the public employees’ retirement

27-39  system.

27-40  2.  In determining whether a child is a full-time student or financially

27-41  dependent and physically or mentally incompetent, as provided in NRS

27-42  286.673, the [court administrator] executive officer of the public

27-43  employees’ retirement board shall use any applicable standards and

27-44  procedures established by the public employees’ retirement board.

27-45  3.  It is the intent of this section that no special fund be created for the

27-46  payment of benefits, and all payments made under the provisions of this

27-47  section are to be made out of and charged to [any fund created for the

27-48  purpose of paying pension benefits to district judges.] the judicial

27-49  retirement fund established pursuant to section 13 of this act.

28-1  Sec. 80.  NRS 125.155 is hereby amended to read as follows:

28-2  125.155  Unless the action is contrary to a premarital agreement

28-3  between the parties which is enforceable pursuant to chapter 123A of NRS

28-4  or is prohibited by specific statute:

28-5  1.  In determining the value of an interest in or entitlement to a pension

28-6  or retirement benefit provided by the public employees’ retirement system

28-7  pursuant to chapter 286 of NRS[,] or the judicial retirement plan

28-8  established pursuant to section 25 of this act, the court:

28-9  (a) Shall base its determination upon the number of years or portion

28-10  thereof that the contributing party was employed and received the interest

28-11  or entitlement, beginning on the date of the marriage and ending on the

28-12  date on which a decree of legal separation or divorce is entered; and

28-13  (b) Shall not base its determination upon any estimated increase in the

28-14  value of the interest or entitlement resulting from a promotion, raise or any

28-15  other efforts made by the party who contributed to the interest or

28-16  entitlement as a result of his continued employment after the date of a

28-17  decree of legal separation or divorce.

28-18  2.  The court may, in making a disposition of a pension or retirement

28-19  benefit provided by the public employees’ retirement system[,] or the

28-20  judicial retirement plan, order that the benefit not be paid before the date

28-21  on which the participating party retires. To ensure that the party who is not

28-22  a participant will receive payment for the benefits, the court may:

28-23  (a) On its own motion or pursuant to an agreement of the parties,

28-24  require the participating party to furnish a performance or surety bond,

28-25  executed by the participating party as principal and by a corporation

28-26  qualified under the laws of this state as surety, made payable to the party

28-27  who is not a participant under the plan, and conditioned upon the payment

28-28  of the pension or retirement benefits. The bond must be in a principal sum

28-29  equal to the amount of the determined interest of the nonparticipating party

28-30  in the pension or retirement benefits and must be in a form prescribed by

28-31  the court.

28-32  (b) On its own motion or pursuant to an agreement of the parties,

28-33  require the participating party to purchase a policy of life insurance. The

28-34  amount payable under the policy must be equal to the determined interest

28-35  of the nonparticipating party in the pension or retirement benefits. The

28-36  nonparticipating party must be named as a beneficiary under the policy and

28-37  must remain a named beneficiary until the participating party retires.

28-38  (c) Pursuant to an agreement of the parties, increase the value of the

28-39  determined interest of the nonparticipating party in the pension or

28-40  retirement benefit as compensation for the delay in payment of the benefit

28-41  to that party.

28-42  (d) On its own motion or pursuant to an agreement of the parties, allow

28-43  the participating party to provide any other form of security which ensures

28-44  the payment of the determined interest of the nonparticipating party in the

28-45  pension or retirement benefit.

28-46  3.  If a party receives an interest in or an entitlement to a pension or

28-47  retirement benefit which the party would not otherwise have an interest in

28-48  or be entitled to if not for a disposition made pursuant to this section, the

29-1  interest or entitlement and any related obligation to pay that interest or

29-2  entitlement terminates upon the death of either party unless pursuant to:

29-3  (a) An agreement of the parties; or

29-4  (b) An order of the court,

29-5  a party who is a participant in the public employees’ retirement system or

29-6  the judicial retirement plan provides an alternative to an unmodified

29-7  service retirement allowance pursuant to NRS 286.590[.] or section 40 of

29-8  this act.

29-9  Sec. 81.  NRS 154.010 is hereby amended to read as follows:

29-10  154.010  An estate escheats to and is vested in the State of Nevada for

29-11  educational purposes if any person dies or has died, within this state, seised

29-12  of any real or personal estate, and leaving no heirs, representatives or

29-13  devisees capable of inheriting or holding the estate, and in all cases where

29-14  there is no owner of the estate capable of holding it. Any balance

29-15  remaining in a retired employee’s or beneficiary’s individual account under

29-16  the public employees’ retirement system or the judicial retirement system

29-17  established pursuant to sections 2 to 68, inclusive, of this act is not an

29-18  estate within the meaning of this chapter.

29-19  Sec. 82.  NRS 218.5373 is hereby amended to read as follows:

29-20  218.5373  1.  There is hereby created an interim retirement and

29-21  benefits committee of the legislature to review the operation of the public

29-22  employees’ retirement system , the judicial retirement system established

29-23  pursuant to sections 2 to 68, inclusive, of this act and the public

29-24  employees’ benefits program and to make recommendations to the public

29-25  employees’ retirement board and the board of the public employees’

29-26  benefits program, the legislative commission and the legislature. The

29-27  interim retirement and benefits committee consists of six members

29-28  appointed as follows:

29-29  (a) Three members of the senate, one of whom is the chairman of the

29-30  committee on finance during the preceding session and two of whom are

29-31  appointed by the majority leader of the senate.

29-32  (b) Three members of the assembly, one of whom is the chairman of the

29-33  committee on ways and means and two of whom are appointed by the

29-34  speaker of the assembly.

29-35  2.  The immediate past chairman of the senate standing committee on

29-36  finance is the chairman of the interim retirement and benefits committee

29-37  for the period ending with the convening of each odd-numbered session of

29-38  the legislature. The immediate past chairman of the assembly standing

29-39  committee on ways and means is the chairman of the interim retirement

29-40  and benefits committee during the next legislative interim, and the

29-41  chairmanship alternates between the houses of the legislature according to

29-42  this pattern.

29-43  3.  The interim retirement and benefits committee may exercise the

29-44  powers conferred on it by law only when the legislature is not in regular or

29-45  special session and shall meet at the call of the chairman.

29-46  4.  The director of the legislative counsel bureau shall provide a

29-47  secretary for the interim retirement and benefits committee.

29-48  5.  The members of the interim retirement and benefits committee are

29-49  entitled to receive the compensation provided for a majority of the

30-1  members of the legislature during the first 60 days of the preceding

30-2  session, the per diem allowance provided for state officers and employees

30-3  generally and the travel expenses provided by NRS 218.2207 for each day

30-4  of attendance at a meeting of the committee and while engaged in the

30-5  business of the committee. Per diem allowances, compensation and travel

30-6  expenses of the members of the committee must be paid from the

30-7  legislative fund.

30-8  Sec. 83.  NRS 286.230 is hereby amended to read as follows:

30-9  286.230  1.  The board shall establish a fund known as the public

30-10  employees’ retirement administrative fund in which must be deposited all

30-11  administrative fees.

30-12  2.  The board shall fix an administrative fee per capita sufficient to pay

30-13  the operating expense of the system. Except as otherwise provided by NRS

30-14  218.23745[,] and section 15 of this act, the system shall transfer monthly

30-15  from the respective retirement funds to the public employees’ retirement

30-16  administrative fund the amount of the per capita fee multiplied by the

30-17  combined number of members and persons receiving allowances from that

30-18  fund.

30-19  3.  The board may establish a separate and additional administrative fee

30-20  for police officers and firemen and their public employers to pay the

30-21  additional expense of maintaining a separate fund and to pay the actual and

30-22  necessary travel expenses and other expenses, within the limits established

30-23  by the board, for meetings of the police and firemen’s retirement fund

30-24  advisory committee.

30-25  Sec. 84.  NRS 287.023 is hereby amended to read as follows:

30-26  287.023  1.  Whenever an officer or employee of the governing body

30-27  of any county, school district, municipal corporation, political subdivision,

30-28  public corporation or other public agency of the State of Nevada retires

30-29  under the conditions set forth in NRS 286.510 or 286.620 or section 30 or

30-30  44 of this act and, at the time of his retirement, was covered or had his

30-31  dependents covered by any group insurance or medical and hospital service

30-32  established pursuant to NRS 287.010 and 287.020, the officer or employee

30-33  has the option upon retirement to cancel or continue any such group

30-34  insurance or medical and hospital service coverage or join the public

30-35  employees’ benefits program to the extent that such coverage is not

30-36  provided to him or a dependent by the Health Insurance for the Aged Act,

30-37  42 U.S.C. §§ 1395 et seq.

30-38  2.  A retired person who continues coverage under the public

30-39  employees’ benefits program shall assume the portion of the premium or

30-40  membership costs for the coverage continued which the governing body

30-41  does not pay on behalf of retired officers or employees. A person who joins

30-42  the public employees’ benefits program for the first time upon retirement

30-43  shall assume all costs for the coverage. A dependent of such a retired

30-44  person has the option, which may be exercised to the same extent and in

30-45  the same manner as the retired person, to cancel or continue coverage in

30-46  effect on the date the retired person dies. The dependent is not required to

30-47  continue to receive retirement payments from the public employees’

30-48  retirement system to continue coverage.

31-1    3.  Except as otherwise provided in NRS 287.0235, notice of the

31-2  selection of the option must be given in writing to the last public employer

31-3  of the officer or employee within 60 days after the date of retirement or

31-4  death, as the case may be. If no notice is given by that date, the retired

31-5  employee and his dependents shall be deemed to have selected the option

31-6  to cancel the coverage or not to join the public employees’ benefits

31-7  program, as the case may be.

31-8    4.  The governing body of any county, school district, municipal

31-9  corporation, political subdivision, public corporation or other public

31-10  agency of this state may pay the cost, or any part of the cost, of group

31-11  insurance and medical and hospital service coverage for persons eligible

31-12  for that coverage pursuant to subsection 1, but it must not pay a greater

31-13  portion than it does for its current officers and employees.

31-14  Sec. 85.  NRS 287.0235 is hereby amended to read as follows:

31-15  287.0235  1.  Notwithstanding the provisions of NRS 287.023 and

31-16  287.045, a person or the surviving spouse of a person who did not, at the

31-17  time of his retirement pursuant to the conditions set forth in NRS 286.510

31-18  or 286.620, or section 30 or 44 of this act, have the option to participate in

31-19  the public employees’ benefits program may join the public employees’

31-20  benefits program, to the extent that such coverage is not provided to him or

31-21  a dependent by the Health Insurance for the Aged Act, 42 U.S.C. §§ 1395

31-22  et seq., by:

31-23  (a) Providing the public employees’ retirement board with written

31-24  notice of his intention to enroll in the public employees’ benefits program

31-25  during a period of open enrollment;

31-26  (b) Showing evidence of his good health as a condition of enrollment;

31-27  (c) Accepting the current plan of insurance of the public employees’

31-28  benefits program and any subsequent changes to the plan; and

31-29  (d) Paying any portion of the premiums or contributions for the program

31-30  in the manner set forth in NRS 286.615[,] or section 43 of this act, which

31-31  are due after the date of enrollment.

31-32  The public employees’ retirement board shall, beginning on September 1,

31-33  1997, have a biennial period of open enrollment between September 1 of

31-34  each odd-numbered year and January 31 of each even-numbered year

31-35  during which eligible retired persons may join the public employees’

31-36  benefits program pursuant to this section.

31-37  2.  The public employees’ retirement board shall, on or before

31-38  September 1, 1997, and every September 1 of each odd-numbered year

31-39  thereafter, notify eligible retired persons described in subsection 1 of the

31-40  period of open enrollment by:

31-41  (a) Mailing a notice regarding the period of open enrollment to all

31-42  retired persons who are, according to its records, eligible to join the public

31-43  employees’ benefits program;

31-44  (b) Posting a notice of the period of open enrollment at its principal

31-45  office and at least three other separate prominent places, such as a library,

31-46  community center or courthouse; and

31-47  (c) Publicizing the period of open enrollment in any other manner

31-48  reasonably calculated to inform additional eligible retired persons.

32-1    3.  The public employees’ retirement board shall notify the board of the

32-2  public employees’ benefits program of the enrollment of any person on or

32-3  before March 1 immediately following the period of open enrollment. The

32-4  board of the public employees’ benefits program shall approve or

32-5  disapprove the request for enrollment within 90 days after receipt of the

32-6  request. Enrollment shall be deemed to occur on the day the request is

32-7  approved.

32-8    4.  Enrollment in the public employees’ benefits program pursuant to

32-9  this section excludes claims for expenses for any condition for which

32-10  medical advice, treatment or consultation was rendered within 12 months

32-11  before enrollment unless:

32-12  (a) The person has not received any medical advice, treatment or

32-13  consultation for a period of 6 consecutive months after enrollment; or

32-14  (b) The insurance coverage has been in effect more than 12 consecutive

32-15  months.

32-16  Sec. 86.  NRS 287.045 is hereby amended to read as follows:

32-17  287.045  1.  Except as otherwise provided in this section, every officer

32-18  or employee of the state is eligible to participate in the program on the first

32-19  day of the month following the completion of 90 days of full-time

32-20  employment.

32-21  2.  Professional employees of the University and Community College

32-22  System of Nevada who have annual employment contracts are eligible to

32-23  participate in the program on:

32-24  (a) The effective dates of their respective employment contracts, if

32-25  those dates are on the first day of a month; or

32-26  (b) The first day of the month following the effective dates of their

32-27  respective employment contracts, if those dates are not on the first day of a

32-28  month.

32-29  3.  Every officer or employee who is employed by a participating

32-30  public agency on a permanent and full-time basis on the date the agency

32-31  enters into an agreement to participate in the program, and every officer or

32-32  employee who commences his employment after that date, is eligible to

32-33  participate in the program on the first day of the month following the

32-34  completion of 90 days of full-time employment.

32-35  4.  Every senator and assemblyman is eligible to participate in the

32-36  program on the first day of the month following the 90th day after his

32-37  initial term of office begins.

32-38  5.  An officer or employee of the governing body of any county, school

32-39  district, municipal corporation, political subdivision, public corporation or

32-40  other public agency of the State of Nevada who retires under the conditions

32-41  set forth in NRS 286.510 or 286.620 or section 30 or 44 of this act and

32-42  was not participating in the program at the time of his retirement is eligible

32-43  to participate in the program 60 days after notice of the selection to

32-44  participate is given pursuant to NRS 287.023 or 287.0235. The board shall

32-45  make a separate accounting for these retired persons. For the first year

32-46  following enrollment, the rates charged must be the full actuarial costs

32-47  determined by the actuary based upon the expected claims experience with

32-48  these retired persons. The claims experience of these retired persons must

32-49  not be commingled with the retired persons who were members of the

33-1  program before their retirement, nor with active employees of the state.

33-2  After the first year following enrollment, the rates charged must be the full

33-3  actuarial costs determined by the actuary based upon the past claims

33-4  experience of these retired persons since enrolling.

33-5    6.  Notwithstanding the provisions of subsections 1, 3 and 4, if the

33-6  board does not, pursuant to NRS 689B.580, elect to exclude the program

33-7  from compliance with NRS 689B.340 to 689B.600, inclusive, and section 3

33-8  of [this act] Assembly Bill No. 452 of the 71st session of the Nevada

33-9  Legislature and if the coverage under the program is provided by a health

33-10  maintenance organization authorized to transact insurance in this state

33-11  pursuant to chapter 695C of NRS, any affiliation period imposed by the

33-12  program may not exceed the statutory limit for an affiliation period set

33-13  forth in NRS 689B.500.

33-14  Sec. 87.  NRS 287.046 is hereby amended to read as follows:

33-15  287.046  1.  Except as otherwise provided in subsection 6, any state or

33-16  other participating officer or employee who elects to participate in the

33-17  program may participate, and the department, agency, commission or

33-18  public agency that employs the officer or employee shall pay the state’s

33-19  share of the cost of the premiums or contributions for the program from

33-20  money appropriated or authorized as provided in NRS 287.044. Employees

33-21  who elect to participate in the program must authorize deductions from

33-22  their compensation for the payment of premiums or contributions for the

33-23  program.

33-24  2.  The department of personnel shall pay a percentage of the base

33-25  amount provided by law for that fiscal year toward the cost of the

33-26  premiums or contributions for the program for persons retired from the

33-27  service of the state who have continued to participate in the program.

33-28  Except as otherwise provided in subsection 3, the percentage to be paid

33-29  must be calculated as follows:

33-30  (a) For those persons who retire before January 1, 1994, 100 percent of

33-31  the base amount provided by law for that fiscal year.

33-32  (b) For those persons who retire on or after January 1, 1994, with at

33-33  least 5 years of state service, 25 percent plus an additional 7.5 percent for

33-34  each year of service in excess of 5 years to a maximum of 137.5 percent,

33-35  excluding service purchased pursuant to NRS 286.300[,] or section 26 of

33-36  this act, of the base amount provided by law for that fiscal year.

33-37  3.  If the amount calculated pursuant to subsection 2 exceeds the actual

33-38  premium or contribution for the plan of the program that the retired

33-39  participant selects, the balance must be credited to the fund for the public

33-40  employees’ benefits program created pursuant to NRS 287.0435.

33-41  4.  For the purposes of subsection 2:

33-42  (a) Credit for service must be calculated in the manner provided by

33-43  chapter 286 of NRS.

33-44  (b) No proration may be made for a partial year of service.

33-45  5.  The department shall agree through the board with the insurer for

33-46  billing of remaining premiums or contributions for the retired participant

33-47  and his dependents to the retired participant and to his dependents who

33-48  elect to continue coverage under the program after his death.

34-1    6.  A senator or assemblyman who elects to participate in the program

34-2  shall pay the entire premium or contribution for his insurance.

34-3    Sec. 88.  NRS 287.0475 is hereby amended to read as follows:

34-4    287.0475  1.  A public employee who has retired pursuant to NRS

34-5  286.510 or 286.620 or section 30 or 44 of this act, or a retirement program

34-6  provided pursuant to NRS 286.802, or the surviving spouse of such a

34-7  retired public employee who is deceased may, in any even-numbered year,

34-8  reinstate any insurance, except life insurance, which was provided to him

34-9  and his dependents at the time of his retirement pursuant to NRS 287.010

34-10  or 287.020 or the program as a public employee by:

34-11  (a) Giving written notice of his intent to reinstate the insurance to the

34-12  employee’s last public employer not later than January 31, of an even-

34-13  numbered year;

34-14  (b) Accepting the public employer’s current program or plan of

34-15  insurance and any subsequent changes thereto; and

34-16  (c) Paying any portion of the premiums or contributions of the public

34-17  employer’s program or plan of insurance, in the manner set forth in NRS

34-18  286.615[,] or section 43 of this act, which are due from the date of

34-19  reinstatement and not paid by the public employer.

34-20  The last public employer shall give the insurer notice of the reinstatement

34-21  no later than March 31, of the year in which the public employee or

34-22  surviving spouse gives notice of his intent to reinstate the insurance. The

34-23  insurer shall approve or disapprove the request for reinstatement within 90

34-24  days after the date of the request.

34-25  2.  Reinstatement of insurance excludes claims for expenses for any

34-26  condition for which medical advice, treatment or consultation was rendered

34-27  within 6 months before reinstatement unless:

34-28  (a) The person has not received any medical advice, treatment or

34-29  consultation for a period of 6 consecutive months after the reinstatement;

34-30  or

34-31  (b) The reinstated insurance has been in effect more than 12 consecutive

34-32  months.

34-33  Sec. 89.  Section 31 of this act is hereby amended to read as follows:

34-34  Sec. 30.  1.  Except as otherwise provided in subsection 4 and

34-35  [sections 32 and 33] section 32 of this act, if a retired justice or judge

34-36  accepts employment as a justice of the supreme court or district judge

34-37  in any judicial capacity, including, without limitation, employment as

34-38  a senior justice or senior judge of the Nevada court system, he is

34-39  disqualified from receiving any allowances under the judicial

34-40  retirement plan for the duration of his active service.

34-41  2.  If a retired justice or judge accepts any employment other than

34-42  that described in subsection 1, the justice or judge is entitled to the

34-43  same allowances as a retired justice or judge who has no employment.

34-44  3.  If a retired justice or judge who accepts employment as a

34-45  justice of the supreme court or district judge in a judicial capacity

34-46  pursuant to this section elects not to reenroll in the judicial retirement

34-47  plan pursuant to subsection 1 of section 32 of this act, the court

34-48  administrator may pay contributions on behalf of the retired justice or

34-49  judge to a retirement fund which is not a part of the judicial retirement

35-1  plan in an amount not to exceed the amount of the contributions that

35-2  the court administrator would pay to the system on behalf of a

35-3  participating justice or judge who is employed in a similar position.

35-4    4.  The system may waive for one period of 30 days or less a

35-5  retired justice’s or judge’s disqualification under this section if the

35-6  chief justice of the supreme court certifies in writing, in advance, that

35-7  the retired justice or judge is recalled to meet an emergency and that

35-8  no other qualified person is immediately available.

35-9    Sec. 90.  Section 4 of Senate Bill No. 349 of the 71st session of the

35-10  Nevada Legislature is hereby amended to read as follows:

35-11  Sec. 4. 1.  Except as limited by subsection 3, the survivor

35-12  beneficiary of a deceased member who had 10 or more years of

35-13  accredited contributing service is entitled to receive a monthly

35-14  allowance equivalent to that provided by:

35-15  (a) Option 3 in NRS 286.590, if the deceased member had less

35-16  than 15 years of service on the date of his death; or

35-17  (b) Option 2 in NRS 286.590, if the deceased member had 15 or

35-18  more years of service on the date of his death.

35-19  To apply the provisions of Options 2 and 3, the deceased member

35-20  shall be deemed to have retired on the date of his death immediately

35-21  after having named the survivor beneficiary as beneficiary pursuant

35-22  to the applicable option. This benefit must be computed without any

35-23  reduction for age for the deceased member. The benefits provided by

35-24  this subsection must be paid to the survivor beneficiary for the

35-25  remainder of the life of the survivor beneficiary.

35-26  2.  The survivor beneficiary may elect to receive the benefits

35-27  provided by any one of the following only:

35-28  (a) This section;

35-29  (b) Section 3 of this act; or

35-30  (c) Section 6 of this act.

35-31  3.  The benefits provided by paragraph (a) of subsection 1 may

35-32  only be paid to the survivor beneficiary of a member who died on or

35-33  after January 1, 2002.

35-34  4.  As used in this section, “survivor beneficiary” means a

35-35  person designated pursuant to section 2 of this act.

35-36  Sec. 91.  Section 15 of Senate Bill No. 349 of the 71st session of the

35-37  Nevada Legislature is hereby amended to read as follows:

35-38  Sec. 15. Chapter 2 of NRS is hereby amended by adding thereto

35-39  a new section to read as follows:

35-40  1.  An unmarried justice of the supreme court may designate, in

35-41  writing, a survivor beneficiary to receive the payments provided

35-42  pursuant to this section if the justice is unmarried on the date of his

35-43  death. A designation pursuant to this section must be made on a

35-44  form approved by the court administrator.

35-45  2.  If a justice of the supreme court at the time of his death had

35-46  retired and was then receiving a pension pursuant to the provisions

35-47  of NRS 2.060, or if at the time of his death the justice had not retired

35-48  but had performed sufficient service for retirement pursuant to the

35-49  provisions of NRS 2.060, the survivor beneficiary designated

36-1  pursuant to subsection 1, if the survivor beneficiary has attained the

36-2  age of 60 years, is entitled, until his death, to receive monthly

36-3  payments of $2,500 per month.

36-4    3.  If a survivor beneficiary of a justice is not eligible to receive

36-5  benefits pursuant to subsection 2, he is entitled, until his death or

36-6  until he becomes eligible to receive those benefits, to receive

36-7  payments equal in amount to the payment provided in subsection 1

36-8  of section 3 of this act for the survivor beneficiary of a deceased

36-9  member of the public employees’ retirement system.

36-10  4.  To obtain these benefits, the survivor beneficiary must make

36-11  application to the board, commission or authority entrusted with the

36-12  administration of the judges’ pensions and furnish such

36-13  information as may be required pursuant to reasonable regulations

36-14  adopted for the purpose of carrying out the intent of this section.

36-15  5.  Any person receiving a benefit pursuant to the provisions of

36-16  this section is entitled to receive post-retirement increases equal to

36-17  those provided for persons retired pursuant to the public employees’

36-18  retirement system.

36-19  6.  It is the intent of this section that no special fund be created

36-20  for the purpose of paying these benefits, and all payments made

36-21  pursuant to the provisions of this section are to be made out of and

36-22  charged to any fund created for the purpose of paying pension

36-23  benefits to justices of the supreme court.

36-24  Sec. 92.  Section 15 of Senate Bill No. 349 of the 71st session of the

36-25  Nevada Legislature is hereby amended to read as follows:

36-26  Sec. 15.  Chapter 2 of NRS is hereby amended by adding thereto

36-27  a new section to read as follows:

36-28  1.  An unmarried justice of the supreme court may designate, in

36-29  writing, a survivor beneficiary to receive the payments provided

36-30  pursuant to this section if the justice is unmarried on the date of his

36-31  death. A designation pursuant to this section must be made on a form

36-32  approved by the court administrator.

36-33  2.  If a justice of the supreme court at the time of his death had

36-34  retired and was then receiving a pension pursuant to the provisions of

36-35  NRS 2.060, or if at the time of his death the justice had not retired but

36-36  had performed sufficient service for retirement pursuant to the

36-37  provisions of NRS 2.060, the survivor beneficiary designated pursuant

36-38  to subsection 1, if the survivor beneficiary has attained the age of 60

36-39  years, is entitled, until his death, to receive monthly payments of

36-40  $2,500 per month.

36-41  3.  If a survivor beneficiary of a justice is not eligible to receive

36-42  benefits pursuant to subsection 2, he is entitled, until his death or until

36-43  he becomes eligible to receive those benefits, to receive payments

36-44  equal in amount to the payment provided in subsection 1 of section 3

36-45  of this act for the survivor beneficiary of a deceased member of the

36-46  public employees’ retirement system.

36-47  4.  To obtain these benefits, the survivor beneficiary must make

36-48  application to the [board, commission or authority entrusted with the

36-49  administration of the judges’ pensions] executive officer of the public

37-1  employees’ retirement board and furnish such information as may be

37-2  required pursuant to reasonable regulations adopted for the purpose of

37-3  carrying out the intent of this section.

37-4    5.  Any person receiving a benefit pursuant to the provisions of

37-5  this section is entitled to receive post-retirement increases equal to

37-6  those provided for persons retired pursuant to the public employees’

37-7  retirement system.

37-8    6.  It is the intent of this section that no special fund be created for

37-9  the purpose of paying these benefits, and all payments made pursuant

37-10  to the provisions of this section are to be made out of and charged to

37-11  [any fund created for the purpose of paying pension benefits to

37-12  justices of the supreme court.] the judicial retirement fund

37-13  established pursuant to section 13 of Assembly Bill No. 4 of the 17th

37-14  special session of the Nevada Legislature.

37-15  Sec. 93.  Section 16 of Senate Bill No. 349 of the 71st session of the

37-16  Nevada Legislature is hereby amended to read as follows:

37-17  Sec. 16. Chapter 3 of NRS is hereby amended by adding thereto

37-18  a new section to read as follows:

37-19  1.  An unmarried district judge may designate, in writing, a

37-20  survivor beneficiary to receive the payments provided pursuant to

37-21  this section if the judge is unmarried on the date of his death. A

37-22  designation pursuant to this section must be made on a form

37-23  approved by the court administrator.

37-24  2.  If a district judge at the time of his death had retired and was

37-25  then receiving a pension pursuant to the provisions of NRS 3.090, or

37-26  if at the time of his death the judge had not retired but had

37-27  performed sufficient service for retirement pursuant to the

37-28  provisions of NRS 3.090, the survivor beneficiary designated

37-29  pursuant to subsection 1, if the survivor beneficiary has attained the

37-30  age of 60 years, is entitled, until his death, to receive monthly

37-31  payments of $2,500 per month.

37-32  3.  If a survivor beneficiary of a judge is not eligible to receive

37-33  benefits pursuant to subsection 2, he is entitled, until his death or

37-34  until he becomes eligible to receive those benefits, to receive

37-35  payments equal in amount to the payment provided in subsection 1

37-36  of section 3 of this act for the survivor beneficiary of a deceased

37-37  member of the public employees’ retirement system.

37-38  4.  To obtain these benefits, the survivor beneficiary must make

37-39  application to the board, commission or authority entrusted with the

37-40  administration of the judges’ pensions and furnish such

37-41  information as may be required pursuant to reasonable regulations

37-42  adopted for the purpose of carrying out the intent of this section.

37-43  5.  Any person receiving a benefit pursuant to the provisions of

37-44  this section is entitled to receive post-retirement increases equal to

37-45  those provided for persons retired pursuant to the public employees’

37-46  retirement system.

37-47  6.  It is the intent of this section that no special fund be created

37-48  for the purpose of paying these benefits, and all payments made

37-49  pursuant to the provisions of this section are to be made out of and

38-1  charged to any fund created for the purpose of paying pension

38-2  benefits to district judges.

38-3    Sec. 94.  Section 16 of Senate Bill No. 349 of the 71st session of the

38-4  Nevada Legislature is hereby amended to read as follows:

38-5    Sec. 16. Chapter 3 of NRS is hereby amended by adding thereto

38-6  a new section to read as follows:

38-7    1.  An unmarried district judge may designate, in writing, a

38-8  survivor beneficiary to receive the payments provided pursuant to this

38-9  section if the judge is unmarried on the date of his death. A

38-10  designation pursuant to this section must be made on a form approved

38-11  by the court administrator.

38-12  2.  If a district judge at the time of his death had retired and was

38-13  then receiving a pension pursuant to the provisions of NRS 3.090, or

38-14  if at the time of his death the judge had not retired but had performed

38-15  sufficient service for retirement pursuant to the provisions of NRS

38-16  3.090, the survivor beneficiary designated pursuant to subsection 1, if

38-17  the survivor beneficiary has attained the age of 60 years, is entitled,

38-18  until his death, to receive monthly payments of $2,500 per month.

38-19  3.  If a survivor beneficiary of a judge is not eligible to receive

38-20  benefits pursuant to subsection 2, he is entitled, until his death or until

38-21  he becomes eligible to receive those benefits, to receive payments

38-22  equal in amount to the payment provided in subsection 1 of section 3

38-23  of this act for the survivor beneficiary of a deceased member of the

38-24  public employees’ retirement system.

38-25  4.  To obtain these benefits, the survivor beneficiary must make

38-26  application to the [board, commission or authority entrusted with the

38-27  administration of the judges’ pensions] executive officer of the public

38-28  employees’ retirement fund and furnish such information as may be

38-29  required pursuant to reasonable regulations adopted for the purpose of

38-30  carrying out the intent of this section.

38-31  5.  Any person receiving a benefit pursuant to the provisions of

38-32  this section is entitled to receive post-retirement increases equal to

38-33  those provided for persons retired pursuant to the public employees’

38-34  retirement system.

38-35  6.  It is the intent of this section that no special fund be created for

38-36  the purpose of paying these benefits, and all payments made pursuant

38-37  to the provisions of this section are to be made out of and charged to

38-38  [any fund created for the purpose of paying pension benefits to district

38-39  judges.] the judicial retirement fund established pursuant to section

38-40  13 of Assembly Bill No. 4 of the 17th special session of the Nevada

38-41  Legislature.

38-42  Sec. 95.  NRS 286.305 and 286.307 are hereby repealed.

38-43  Sec. 96.  The amendatory provisions of this act do not apply to

38-44  offenses committed in violation of section 68 of this act before January 1,

38-45  2003.

38-46  Sec. 97.  1.  From January 1, 2003, through June 30, 2003, the court

38-47  administrator shall submit to the judicial retirement system for deposit in

38-48  the judicial retirement fund created pursuant to section 13 of this act on

39-1  behalf of each member of the judicial retirement system 25.6 percent of the

39-2  compensation of the member. Such payments must be:

39-3  (a) Deposited in the fund;

39-4  (b) Accompanied by payroll reports that include information deemed

39-5  necessary by the public employees’ retirement board to carry out its duties;

39-6  and

39-7  (c) Received by the judicial retirement system not later than 15 days

39-8  after the calendar month for which the compensation and service credits of

39-9  members of the judicial retirement system are reported and certified by the

39-10  court administrator. The compensation must be reported separately for each

39-11  month that it is paid.

39-12  2.  As used in this section, “compensation” means the salary paid to a

39-13  justice of the supreme court or district judge by this state including:

39-14  (a) Base pay, which is the monthly rate of pay excluding all fringe

39-15  benefits;

39-16  (b) Additional payment for longevity; and

39-17  (c) Payment for extra duty assignments if it is the standard practice of

39-18  this state to include such pay in the employment contract or official job

39-19  description for the calendar year in which it is paid and such pay is

39-20  specifically included in the justice’s or judge’s employment contract or

39-21  official job description.

39-22  3.  The term “compensation” does not include any type of payment not

39-23  specifically described in subsection 2.

39-24  Sec. 98.  There is hereby appropriated from the state general fund to

39-25  the judicial retirement fund created pursuant to section 13 of this act the

39-26  sum of $5,000,000 for funding the unfunded accrued liability for active

39-27  members of the judicial retirement system and for partial payments needed

39-28  to fund the unfunded liability for the inactive justices of the supreme court

39-29  and district judges.

39-30  Sec. 99.  1.  This section and sections 13, 90, 91, 93 and 98 of this act

39-31  become effective upon passage and approval.

39-32  2.  Sections 1 to 12, inclusive, 14 to 88, inclusive, 92, and 94 to 97,

39-33  inclusive, of this act become effective on January 1, 2003.

39-34  3.  Section 33 of this act expires by limitation on June 30, 2005.

39-35  4.  Section 89 of this act becomes effective on July 1, 2005.

 

39-36  TEXT OF REPEALED SECTIONS

 

39-37  286.305  Eligibility of supreme court justices and district judges for

39-38   membership in system; restriction on benefits.

39-39  1.  Any justice of the supreme court and any district judge who became

39-40   a member before July 1, 1977, may remain a member of the system. Those

39-41   justices or district judges may choose to gain service credit for previous

39-42   service as provided in NRS 286.300.

39-43  2.  The State of Nevada shall be deemed, for the purpose of this

39-44   chapter, to be the public employer of such justice or judge, and shall

39-45   contribute to the public employees’ retirement fund and the public

39-46   employees’ retirement administrative fund, in the manner provided in this

39-47   chapter for public employers.

39-48  3.  Any justice of the supreme court and any district judge who is a

39-49   member of the system and who qualifies for a pension under the

39-50   provisions of NRS 2.060 or 3.090 may withdraw from the public

39-51   employees’ retirement fund the amount credited to him in the account. No

39-52   justice or judge may receive benefits under both this chapter and under

39-53   NRS 2.060 or 3.090.

39-54  286.307 Withdrawal from membership by supreme court justice

39-55   or district judge; refund of contributions.

39-56  1.  Any justice of the supreme court or district judge who is a member

39-57   of the system on July 1, 1979, may withdraw from membership by giving

39-58   written notice to the board of his intention to withdraw from the system

39-59   and to rely entirely upon the provisions of NRS 2.060 or 3.090 for his

39-60   retirement.

39-61  2.  Notice must be received by the board on or before September 30,

39-62   1979.

39-63  3.  When the board receives notice, the system shall promptly refund

39-64   all employee contributions credited to the account of the justice or judge.

39-65  4.  A justice or judge who:

39-66  (a) Exercises the option granted by this section may not reestablish the

39-67   service for which the contributions were refunded at any time.

39-68  (b) Does not exercise the option must remain a member of the system

39-69   until he is qualified to exercise the option authorized by subsection 3 of

39-70   NRS 286.305.

 

39-71  H