Amendment No. 229

Assembly Amendment to Assembly Bill No. 189 (BDR 23-786)

Proposed by: Committee on Government Affairs

Amendment Box:

Resolves Conflicts with: N/A

Amends: Summary: Title: Preamble: Joint Sponsorship:

ASSEMBLY ACTION Initial and Date | SENATE ACTION Initial and Date

Adopted Lost | Adopted Lost

Concurred In Not | Concurred In Not

Receded Not | Receded Not

Amend the bill as a whole by renumbering sections 6 through 10 as sections 7 through 11 and adding a new section designated sec. 6, following sec. 5, to read as follows:

"Sec. 6. NRS 286.520 is hereby amended to read as follows:

286.520 1. Except as otherwise provided in subsections 4, 5 and 6 and NRS 286.525, the consequences of the employment of a retired employee are:

(a) A retired employee who accepts employment or an independent contract with a public employer under this system is disqualified from receiving any allowances under this system for the duration of that employment or contract if:

(1) He accepted the employment or contract within 90 calendar days after the effective date of his retirement; or

(2) He is employed in a position which is eligible to participate in this system.

(b) If a retired employee accepts employment or an independent contract with a public employer under this system more than 90 calendar days after the effective date of his retirement in a position which is not eligible to participate in this system his allowance under this system terminates upon his earning an amount equal to one-half of the average salary for participating public employees who are not police officers or firemen in any fiscal year, for the duration of that employment or contract.

(c) If a retired employee accepts employment with an employer who is not a public employer under this system, the employee is entitled to the same allowances as a retired employee who has no employment.

2. The retired employee and the public employer shall notify the system:

(a) Within 10 days after the first day of an employment or contract governed by paragraph (a);

(b) Within 30 days after the first day of an employment or contract governed by paragraph (b); and

(c) Within 10 days after a retired employee earns more than one-half of the average salary for participating public employees who are not police officers or firemen in any fiscal year from an employment or contract governed by paragraph (b),

of subsection 1.

3. For the purposes of this section, the average salary for participating public employees who are not police officers or firemen must be computed on the basis of the most recent actuarial valuation of the system.

4. If a retired employee is chosen by election or appointment to fill an elective public office, he is entitled to the same allowances as a retired employee who has no employment, unless he is serving in the same office in which he served and for which he received service credit as a member. A public employer may pay contributions on behalf of such a retired employee to a retirement fund which is not a part of the system in an amount not to exceed the amount of the contributions that the public employer would pay to the system on behalf of a participating public employee who serves in the same office.

5. The system may waive for one period of 30 days or less a retired employee’s disqualification under this section if the public employer certifies in writing, in advance, that the retired employee is recalled to meet an emergency and that no other qualified person is immediately available.

6. A person who accepts employment or an independent contract with either house of the legislature or by the legislative counsel bureau is exempt from the provisions of subsections 1 and 2 for the duration of that employment or contract.".

Amend sec. 6, page 5, line 24, after "NRS" by inserting "286.470,".

Amend the bill as a whole by renumbering sections 11 through 13 as sections 13 through 15 and adding a new section designated sec. 12, following sec. 10, to read as follows:

"Sec. 12. NRS 286.677 is hereby amended to read as follows:

286.677 If payments or refunds are not made under the provisions of NRS 286.673, 286.674 or 286.676 , the dependent parent of a deceased member is entitled to receive a cumulative benefit of at least [$350] $400 per month, and if there are two dependent parents each is entitled to receive a cumulative benefit of at least [$350] $400 per month. Payments to any parent under this section must cease upon the death or remarriage of that parent.".

Amend sec. 12, page 8, line 29, by deleting "7" and inserting "8".

Amend sec. 13, page 8, line 32, by deleting "12," and inserting "14,".

Amend the title of the bill, fifth line, after the semicolon by inserting:

"authorizing a public employer to contribute to a retirement fund that is not a part of the system on behalf of certain retired employees;".