Assembly Bill No. 125–Committee on Government Affairs
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AN ACT relating to public employees; revising the provisions governing the manner in which
the compensation deferred pursuant to the public employees’ deferred compensation
program and all property, rights and income relating thereto are held by the state to
comply with federal law; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1. NRS 287.320 is hereby amended to read as follows: 287.320 1. The state may agree with any of its employees, and the1-3
board of regents of the University of Nevada may agree with any of its1-4
employees, to defer the compensation due to them in accordance with a1-5
program approved by the committee and as authorized by 26 U.S.C. §1-6
401(k), 403(b) or 457. The board of regents may agree with any of its1-7
employees to defer the compensation due to them as authorized by 261-8
U.S.C. § 403(b) without submitting the program to the committee for its1-9
approval.1-10
2. The employer shall withhold the amount of compensation which an1-11
employee has, by such an agreement, directed the employer to defer.1-12
3. The employer may invest the withheld money in any investment1-13
approved by the committee or, in the case of deferred compensation under1-14
26 U.S.C. § 403(b) for employees of the University and Community1-15
College System of Nevada by the board of regents of the University of1-16
Nevada.1-17
4. The investments must be underwritten and offered in compliance1-18
with all applicable federal and state laws and regulations, and may be1-19
offered only by persons who are authorized and licensed under all1-20
applicable state and federal regulations.1-21
5. All amounts of compensation deferred pursuant to the program, all1-22
property and all rights purchased with those amounts and all income1-23
attributable to those amounts, property or rights1-24
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U.S.C. § 457(g), be held in trust for the exclusive benefit of the1-32
participants in the program and their beneficiaries.1-33
Sec. 2. This act becomes effective upon passage and approval and1-34
applies retroactively to January 1, 1999.~