Assembly Bill No. 303–Committee on Judiciary
February 23, 1999
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Referred to Committee on Government Affairs
SUMMARY—Provides for counting of certain service performed by certain injured employees towards eligibility for retirement as police officer or fireman. (BDR 23-1235)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: Yes.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1. NRS 286.510 is hereby amended to read as follows: 286.510 1. Except as otherwise provided in1-3
subsections 2 and 3, a member of the system is eligible to retire at age 651-4
if he has at least 5 years of service, at age 60 if he has at least 10 years of1-5
service, and at any age if he has at least 30 years of service.1-6
2. A police officer or fireman is eligible to retire at age 65 if he has at1-7
least 5 years of service, at age 55 if he has at least 10 years of service, at1-8
age 50 if he has at least 20 years of service, and at any age if he has at least1-9
30 years of service. Only service performed in a position as a police officer1-10
or fireman, established as such by statute or regulation, service performed1-11
pursuant to subsection 3 and credit for military service, may be counted1-12
toward eligibility for retirement pursuant to this subsection.1-13
3. Except as otherwise provided in subsection 4, a police officer or1-14
fireman who has at least 5 years of service as a police officer or fireman1-15
and is otherwise eligible to apply for disability retirement pursuant to1-16
NRS 286.620 because of an injury arising out of and in the course of his1-17
employment remains eligible for retirement pursuant to subsection 2 if:2-1
(a) He applies to the board for disability retirement and the board2-2
approves his application;2-3
(b) In lieu of a disability retirement allowance, he accepts another2-4
position with the public employer with which he was employed when he2-5
became disabled as soon as practicable but not later than 90 days after2-6
the board approves his application for disability retirement;2-7
(c) He remains continuously employed by that public employer until2-8
he becomes eligible for retirement pursuant to subsection 2; and2-9
(d) After he accepts a position pursuant to paragraph (b), his2-10
contributions are paid at the rate that is actuarially determined for police2-11
officers and firemen until he becomes eligible for retirement pursuant to2-12
subsection 2.2-13
4. If a police officer or fireman who accepted another position with2-14
the public employer with which he was employed when he became2-15
disabled pursuant to subsection 3 ceases to work for that public employer2-16
before becoming eligible to retire pursuant to subsection 2, he may begin2-17
to receive a disability retirement allowance without further approval by2-18
the board by notifying the board on a form prescribed by the board.2-19
5. Eligibility for retirement, as provided in this section, does not2-20
require the member to have been a participant in the system at the2-21
beginning of his credited service.2-22
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to retire but has not attained the required age, if any, may retire at any age2-24
with a benefit actuarially reduced to the required retirement age. Except as2-25
otherwise required as a result of NRS 286.537, a retirement benefit under2-26
this subsection must be reduced by 4 percent of the unmodified benefit for2-27
each full year that the member is under the appropriate retirement age, and2-28
an additional 0.33 percent for each additional month that the member is2-29
under the appropriate retirement age. Any option selected under this2-30
subsection must be reduced by an amount proportionate to the reduction2-31
provided in this subsection for the unmodified benefit. The board may2-32
adjust the actuarial reduction based upon an experience study of the system2-33
and recommendation by the actuary.2-34
Sec. 2. NRS 286.6765 is hereby amended to read as follows: 286.6765 1. Except as limited by subsection 2, the spouse of a2-36
deceased member who was fully eligible to retire, both as to service and2-37
age, is entitled to receive a monthly allowance equivalent to that provided2-38
by option 2 in NRS 286.590. This section does not apply to the spouse of a2-39
member who was eligible to retire only under subsection2-40
286.510. For the purposes of applying the provisions of option 2, the2-41
deceased member shall be deemed to have retired on the date of his death2-42
immediately after having named the spouse as beneficiary under option 2.2-43
The benefits provided by this section must be paid to the spouse for the3-1
remainder of the spouse’s life. The spouse may elect to receive the benefits3-2
provided by any one of the following only:3-3
(a) This section;3-4
(b) NRS 286.674;3-5
(c) NRS 286.676; or3-6
(d) NRS 286.678.3-7
2. The benefits provided by this section may only be paid to the3-8
spouses of members who died on or after May 19, 1975.3-9
Sec. 3. This act becomes effective on July 1, 1999.~