1-3 "compensation" is the salary paid to a member by his principal public

1-4 employer.

1-5 2. The term includes:

1-6 (a) Base pay, which is the monthly rate of pay excluding all fringe

1-7 benefits.

1-8 (b) Additional payment for longevity, shift differential, hazardous duty,

1-9 work performed on a holiday if it does not exceed the working hours of the

2-27 participate in the system:

2-28 [1.] (a) Those employed on or after July 1, 1977, in positions

2-29 considered to be half time or more according to the full-time work

2-30 schedule established for that public employer.

2-31 [2.] (b) Elected officials or persons appointed to elective positions who

2-32 are elected or appointed after July 1, 1975, except where excluded by NRS

2-33 286.297.

2-34 [3.] (c) A member whose allowance is vested or who is contributing

2-35 immediately before a legislative session who is employed on or after

2-36 January 1, 1981, by either house of the legislature or by the legislative

2-37 counsel bureau.

2-38 (d) A member of the Nevada gaming commission.

2-39 2. The board shall establish standards for determining what

2-40 constitutes a full-time work schedule pursuant to paragraph (a) of

3-3 1. Any member of the system may purchase all previous creditable

3-4 service performed with his present employing agency if that service was

3-5 performed before the enrollment of his agency in the system, even if the

3-6 service is still creditable in some other system where it cannot be canceled.

3-7 The public employer must certify the inclusive dates of employment and

3-8 number of hours regularly worked by the member to validate the service.

3-9 The member must pay the full actuarial cost as determined by the actuary.

3-10 2. In addition to the purchase authorized pursuant to the provisions of

3-11 subsection 1, any member who has 5 years of creditable service may

3-12 purchase up to 5 years of service. The member must pay the full actuarial

3-13 cost of the service as determined by an actuary of the system.

3-14 3. Any member of the system may use:

3-15 (a) All or any portion of the balance of the member’s interest in a

3-16 qualified trust pursuant to section 401(a) of the Internal Revenue Code,

3-17 26 U.S.C. § 401(a); or

3-18 (b) The money contained in an individual retirement account or an

3-19 individual retirement annuity of a member, the entire amount of which

3-20 is:

3-21 (1) Attributable to a qualified distribution from a qualified trust

3-22 pursuant to section 401(a) of the Internal Revenue Code, 26 U.S.C. §

3-23 401(a); and

3-24 (2) Qualified as an eligible rollover distribution pursuant to section

3-25 402 of the Internal Revenue Code, 26 U.S.C. § 402,

3-29 or 286.537, or as otherwise provided in subsection 3, average

3-30 compensation for service performed as a county commissioner,

3-31 councilman or mayor must be calculated as follows for those members

3-32 whose effective date of retirement is after May 19, 1975:

3-33 (a) Service retirement allowance for elective service must be computed

3-34 on the basis of the highest 36 consecutive months of elective service

3-35 multiplied by the percentage of average compensation earned during such

3-36 service.

3-37 (b) Service retirement allowance for regular service must be computed

3-38 on the basis of the highest 36 consecutive months of regular service

3-39 multiplied by the percentage of average compensation earned during such

3-40 service.

3-41 (c) The service retirement allowances for elective service and for

3-42 regular service are added together to provide the total unmodified service

4-15 than 12 months per school year and each member of the professional staff

4-16 of the University and Community College System of Nevada employed for

4-17 the academic year who is employed for less than 12 months per fiscal year

4-18 is credited with service as follows:

4-19 1. Service is credited on the basis of a full year if the member works

4-20 full time for the full school year.

4-21 2. Employment for a part of a school year is credited on a ratio of one

4-22 and one-third days for each day worked, but credit may not be given in

4-23 advance or until the appropriate period has expired.

4-24 3. A full year of service is not credited until the full 12-month period

4-25 has expired. If the employee begins work under a new contract before the

4-26 expiration of the 12-month period for the old contract, credit must be

4-27 granted for the period of overlap, as certified by the school district, at the

4-28 first period in which there is a lapse in service.

4-29 4. Service credit under this section must be computed according to:

4-30 (a) The school year [extending from September 1 to August 31] for

4-31 school district employees.

4-32 (b) The fiscal year for members of the professional staff of the

4-33 University and Community College System of Nevada.

4-34 5. A member receives full credit while on sabbatical leave if the public

4-35 employer certifies that the compensation and contributions reported for the

4-36 member are the same as if he were employed full time. If the employer

4-37 does not so certify, the member receives credit in the proportion that his

4-38 actual compensation bears to his previous compensation.

4-39 No member may receive less credit under this section than was provided

5-3 and NRS 286.525, the consequences of the employment of a retired

5-4 employee are:

5-5 (a) A retired employee who accepts employment or an independent

5-6 contract with a public employer under this system is disqualified from

5-7 receiving any allowances under this system for the duration of that

5-8 employment or contract if:

5-9 (1) He accepted the employment or contract within 90 calendar days

5-10 after the effective date of his retirement; or

5-11 (2) He is employed in a position which is eligible to participate in

5-12 this system.

5-13 (b) If a retired employee accepts employment or an independent

5-14 contract with a public employer under this system more than 90 calendar

5-15 days after the effective date of his retirement in a position which is not

5-16 eligible to participate in this system his allowance under this system

5-17 terminates upon his earning an amount equal to one-half of the average

5-18 salary for participating public employees who are not police officers or

5-19 firemen in any fiscal year, for the duration of that employment or contract.

5-20 (c) If a retired employee accepts employment with an employer who is

5-21 not a public employer under this system, the employee is entitled to the

5-22 same allowances as a retired employee who has no employment.

5-23 2. The retired employee and the public employer shall notify the

5-24 system:

5-25 (a) Within 10 days after the first day of an employment or contract

5-26 governed by paragraph (a);

5-27 (b) Within 30 days after the first day of an employment or contract

5-28 governed by paragraph (b); and

5-29 (c) Within 10 days after a retired employee earns more than one-half of

5-30 the average salary for participating public employees who are not police

5-31 officers or firemen in any fiscal year from an employment or contract

5-32 governed by paragraph (b),

5-33 of subsection 1.

5-34 3. For the purposes of this section, the average salary for participating

5-35 public employees who are not police officers or firemen must be computed

5-36 on the basis of the most recent actuarial valuation of the system.

5-37 4. If a retired employee is chosen by election or appointment to fill an

5-38 elective public office, he is entitled to the same allowances as a retired

5-39 employee who has no employment, unless he is serving in the same office

5-40 in which he served and for which he received service credit as a member.

5-41 A public employer may pay contributions on behalf of such a retired

5-42 employee to a retirement fund which is not a part of the system in an

6-13 position eligible for membership may enroll in the system as of the

6-14 effective date of that employment. [If he so enrolls:] As of the date of

6-15 enrollment:

6-16 (a) He forfeits all retirement allowances for the duration of that

6-17 employment.

6-18 (b) [Upon termination of the employment, he] He is entitled to receive,

6-19 after the termination of the employment and upon written request, a

6-20 refund of all contributions made by him during the employment. Except as

6-21 otherwise required as a result of NRS 286.535 or 286.537, if he does not

6-22 request the refund and the duration of the employment was at least 6

6-23 months, he gains additional service credit for that employment and is

6-24 entitled to have a separate service retirement allowance calculated based on

6-25 his compensation and service, effective upon the termination of that

6-26 employment. If the duration of the employment was:

6-27 (1) Less than 5 years, the additional allowance must be added to his

6-28 original allowance and must be under the same option and designate the

6-29 same beneficiary as the original allowance.

6-30 (2) Five years or more, the additional allowance may be under any

6-31 option and designate any beneficiary in accordance with NRS 286.545.

6-32 2. The original service retirement allowance of such a retired

6-33 employee must not be recalculated based upon the additional service

6-34 credit, nor is he entitled to any of the rights of membership that were not in

6-35 effect at the time of his original retirement. The accrual of service credit

6-36 pursuant to this section is subject to the limits imposed by:

6-37 (a) NRS 286.551; and

6-38 (b) Section 415 of the Internal Revenue Code , [(] 26 U.S.C. § 415 , [),]

6-39 if the member’s effective date of membership is on or after January 1,

6-40 1990.

6-41 3. Except as otherwise required as a result of NRS 286.470, 286.535

6-42 or 286.537, a retired employee who has been receiving a retirement

7-16 allowance is payable from the police and firemen’s retirement fund is

7-17 entitled to receive his allowance without modification.

7-18 2. Upon the death of such a person, a person who was his spouse

7-19 [both] at the time of his retirement [and the time of his death] is entitled,

7-20 upon attaining the age of 50 years, to receive a benefit equal to 50 percent

7-21 of the allowance to which the retired employee was entitled.

7-22 3. This section does not apply to a person who:

7-23 (a) Begins receiving a service or disability retirement allowance or a

7-24 benefit from the police and firemen’s retirement fund before July 1, 1981.

7-25 (b) At the time of his retirement, elects one of the alternatives to an

7-26 unmodified retirement allowance.

7-27 4. Service performed after July 1, 1981, in positions other than as a

7-28 police officer or fireman, except military service, may not be credited

7-29 toward the benefit conferred by this section. A police officer or fireman

7-30 who has performed service which is not creditable toward this benefit may

7-31 elect to:

7-32 (a) Select a retirement option other than one permitted by this section;

7-33 (b) Receive the benefit conferred by this section [,] with a spouse’s

7-34 benefit reduced by a proportion equal to that which the service which is

7-35 not creditable bears to his total service; or

7-36 (c) Purchase the additional spouse’s benefit at the time he retires by

7-37 paying the full actuarial cost as computed for his situation by the actuary of

7-38 the system.

7-39 5. The entire cost of the benefit conferred by this section must be paid

7-40 by the employee. Each employer must adjust the salaries of its employees

7-41 who are eligible for the benefit to offset its cost to the employer.

7-42 Employers who adjust salaries pursuant to this subsection do not by doing

8-3 deceased member is entitled to receive a cumulative benefit of at least

8-4 [$350] $400 per month, beginning on the first day of the month following

8-5 the member’s death.

8-6 2. Except as otherwise provided in subsections 3 and 4, payments to

8-7 any child cease on the last day of the month of:

8-8 (a) His adoption;

8-9 (b) His death;

8-10 (c) His marriage; or

8-11 (d) His attaining the age of 18 years.

8-12 3. These benefits may be paid to the child of a deceased member until

8-13 the last day of the month of his 23rd birthday if he was, at the time of the

8-14 member’s death, and continues thereafter to be, a full-time student in any

8-15 accredited:

8-16 (a) High school;

8-17 (b) Vocational or technical school; or

8-18 (c) College or university.

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

8-20 a child’s 18th birthday if and so long as he is determined by the system to

8-21 be:

8-22 (a) Financially dependent; and

8-23 (b) Physically or mentally incompetent.

8-24 5. All benefits under this section may be paid by the system to the

8-25 child’s:

8-26 (a) Surviving parent; or

8-27 (b) Legal guardian.

8-28 6. The board shall establish uniform standards and procedures for

8-29 determining whether a child is:

8-30 (a) A full-time student;

8-31 (b) Financially dependent; and

8-35 cumulative benefit of at least [$400] $450 per month. The payments must

8-36 begin on the first day of the month immediately following the death of the

8-37 member and must cease on the last day of the month in which the spouse

8-38 dies . [or remarries.] If payments cease before the total amount of

8-39 contributions made by the deceased member have been received by the

8-40 spouse, the surplus of contributions over payments received must be paid

8-41 to the spouse.

8-42 2. The benefits paid pursuant to this section are in addition to any

9-3 deceased member who had 10 or more years of accredited contributing

9-4 service is entitled to receive a monthly allowance equivalent to that

9-5 provided by:

9-6 (a) Option 3 in NRS 286.590, if the deceased member had less than [20]

9-7 15 years of service on the date of his death; or

9-8 (b) Option 2 in NRS 286.590, if the deceased member had more than

9-9 [20] 15 years of service on the date of his death.

9-10 [For purposes of applying] To apply the provisions of Options 2 and 3, the

9-11 deceased member shall be deemed to have retired on the date of his death

9-12 immediately after having named the spouse as beneficiary under the

9-13 applicable option. This benefit must be computed without any reduction

9-14 for age for the deceased member. The benefits provided by this subsection

9-15 must be paid to the spouse for the remainder of the spouse’s life.

9-16 2. The spouse may elect to receive the benefits provided by any one of

9-17 the following only:

9-18 (a) This section;

9-19 (b) NRS 286.674; or

9-20 (c) NRS 286.678.

9-21 3. The benefit payable to the spouse of a member who died before

9-22 May 19, 1975, is limited to a spouse who received at least 50 percent of his

9-23 support from the member during the 6 months immediately preceding the

9-24 member’s death and to the amounts provided in this subsection. [If, at the

9-25 time of his death, the member had 15 or more years of service, his spouse,

9-26 upon attaining the age of 60 years, may receive a cumulative benefit of at

9-27 least $400 per month or 50 percent of the average salary received by the

9-28 deceased member for the 3 consecutive highest salaried years of his last 10

9-29 years of service, whichever is less.] If, at the time of his death, the member

9-30 had [20] 15 or more years of service and did not elect an optional

9-31 retirement plan as offered in this chapter, his spouse, upon attaining the

9-32 age of 60 years, may receive a cumulative benefit of at least [$400] $450

9-33 per month or 50 percent of the average salary received by the member for

9-34 the 3 consecutive highest salaried years of his last 10 years of service,

9-35 whichever is less. Payments, or the right to receive payments, must cease

9-36 upon the death [or remarriage] of the spouse. Benefits under this section

9-37 are not renewable following termination.

9-38 4. The benefits provided by paragraph (a) of subsection 1 may only be

9-42 NRS 286.673, 286.674 or 286.676 , the dependent parent of a deceased