Assembly Bill No. 74–Assemblyman Thomas

Prefiled January 29, 1999

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Referred to Committee on Government Affairs

 

SUMMARY—Provides that retired public employees may accept certain employment with University and Community College System of Nevada without affecting their retirement benefits. (BDR 23-1342)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to public employment; providing that retired public employees may accept certain employment with the University and Community College System of Nevada without affecting the distribution of their existing retirement allowances; 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. NRS 286.520 is hereby amended to read as follows:

1-2 286.520 1. Except as otherwise provided in [subsections 4, 5 and 6]

1-3 this section and NRS 286.525, the consequences of the employment of a

1-4 retired employee are:

1-5 (a) A retired employee who accepts employment or an independent

1-6 contract with a public employer under this system is disqualified from

1-7 receiving any allowances under this system for the duration of that

1-8 employment or contract if:

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

1-10 after the effective date of his retirement; or

1-11 (2) He is employed in a position which is eligible to participate in this

1-12 system.

1-13 (b) If a retired employee accepts employment or an independent

1-14 contract with a public employer under this system more than 90 calendar

1-15 days after the effective date of his retirement in a position which is not

1-16 eligible to participate in this system his allowance under this system

1-17 terminates upon his earning an amount equal to one-half of the average

2-1 salary for participating public employees who are not police officers or

2-2 firemen in any fiscal year, for the duration of that employment or contract.

2-3 (c) If a retired employee accepts employment with an employer who is

2-4 not a public employer under this system, the employee is entitled to the

2-5 same allowances as a retired employee who has no employment.

2-6 2. The retired employee and the public employer shall notify the

2-7 system:

2-8 (a) Within 10 days after the first day of an employment or contract

2-9 governed by paragraph (a) [;] of subsection 1;

2-10 (b) Within 30 days after the first day of an employment or contract

2-11 governed by paragraph (b) [;] of subsection 1; and

2-12 (c) Within 10 days after a retired employee earns more than one-half of

2-13 the average salary for participating public employees who are not police

2-14 officers or firemen in any fiscal year from an employment or contract

2-15 governed by paragraph (b) [,] of subsection 1.

2-16 3. For the purposes of this section, the average salary for participating

2-17 public employees who are not police officers or firemen must be computed

2-18 on the basis of the most recent actuarial valuation of the system.

2-19 4. If a retired employee is chosen by election or appointment to fill an

2-20 elective public office, he is entitled to the same allowances as a retired

2-21 employee who has no employment, unless he is serving in the same office

2-22 in which he served and for which he received service credit as a member.

2-23 5. The system may waive for one period of 30 days or less a retired

2-24 employee’s disqualification under this section if the public employer

2-25 certifies in writing, in advance, that the retired employee is recalled to meet

2-26 an emergency and that no other qualified person is immediately available.

2-27 6. A person who accepts employment or an independent contract with

2-28 either house of the legislature or by the legislative counsel bureau is

2-29 exempt from the provisions of subsections 1 and 2 for the duration of that

2-30 employment or contract.

2-31 7. A person who is a retired employee and who accepts employment

2-32 as a member of the professional staff of the University and Community

2-33 College System of Nevada to teach a course of study or training is exempt

2-34 from the provisions of subsections 1 and 2 for the duration of that

2-35 employment.

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