Amendment No. 1146

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

Proposed by: Committee on Ways and Means

Amendment Box: Resolves conflict in section 3 with S.B. No. 50. Makes substantive changes.

Resolves Conflicts with: SB50

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 1 through 4 as sections 2 through 5 and adding a new section designated section 1, following the enacting clause, to read as follows:

"Section 1. Chapter 286 of NRS is hereby amended by adding thereto a new section to read as follows:

Except as otherwise required as a result of NRS 286.535 or 286.537:

1. A public employee on a leave of absence to serve in the Nevada legislature may remain a contributing member of the system during the leave of absence if retirement contributions to the system are paid by the legislator at the contribution rate otherwise applicable to him as a public employee during the period in which he is on the leave of absence to serve in the Nevada legislature.

2. When a public employee on a leave of absence to serve in the Nevada legislature continues to be a contributing member of the system pursuant to subsection 1, the employee shall pay the contributions required directly to the system. The system shall ensure that the employer of the public employee who is on a leave of absence to serve in the Nevada legislature provides to the system documentation of the period during which the employee is on the leave of absence. The public employer is not required to pay the employer contribution during the leave of absence.

3. A public employee on a leave of absence to serve in the Nevada legislature may elect to have the amount deducted pursuant to NRS 218.2387 paid to the system to partially offset the contributions that the employee is required to pay to remain a member of the system. If the public employee makes the election authorized pursuant to this subsection, he does not accrue any service credit for retirement under the legislators’ retirement system during the period during which his election pursuant to this subsection is effective.

4. For the purposes of this section, "compensation" shall be deemed to be the salary paid for the position from which the employee is on leave.".

Amend sec. 3, page 3, between lines 13 and 14, by inserting:

"3. In addition to the purchase authorized pursuant to the provisions of subsection 1, any member who:

(a) Is a licensed teacher;

(b) Has 5 years of creditable service;

(c) Is, pursuant to statute, regulation or contract, entitled to payment for unused sick leave; and

(d) Is employed by the board of trustees of a school district that has, pursuant to subsection 5 of NRS 391.180, provided for the payment of unused sick leave in the form of purchase of service,

may cause to be purchased on his behalf service credit, not to exceed the number of hours of unused sick leave or 1 year, whichever is less. The full actuarial cost of the service as determined by an actuary of the system must be paid for such a purchase. Any service credit purchased pursuant to this subsection must be included as a part of, and is not in addition to, service purchased pursuant to subsection 2.".

Amend sec. 3, page 3, line 14, by deleting "3." and inserting "4.".

Amend the bill as a whole by renumbering sections 5 through 12 as sections 7 through 14 and adding a new section designated sec. 6, following sec. 4, to read as follows:

"Sec. 6. NRS 286.481 is hereby amended to read as follows:

286.481 A member shall not be credited with service for:

1. [Leave] Except as otherwise provided in section 1 of this act, leave of absence without pay;

2. Overtime work;

3. Employment in a position which does not qualify him for participation in the system;

4. More than 1 day within a day, 1 month within a month, or 1 year of service in any 12-month period; or

5. Any period for which compensation is not received by the member unless specifically otherwise provided in this chapter.".

Amend the bill as a whole by renumbering sections 13 through 15 as sections 19 through 21 and adding new sections designated sections 15 through 18, following sec. 12, to read as follows:

"Sec. 15. NRS 218.2379 is hereby amended to read as follows:

218.2379 1. Within a reasonable time after July 1, 1967, the board shall notify all incumbent legislators in writing concerning credit for service, other than legislative service, covered under the public employees’ retirement system. Unless the legislator requests in writing within 30 days after receipt of such written notice that his service, other than legislative service, be continued under the public employees’ retirement system, the board shall transfer from the public employees’ retirement fund all sums contributed by the legislator through service, other than legislative service, together with the sums contributed by his employer for such service. The service so transferred shall be accredited under the legislators’ retirement system as if performed in a legislative capacity. Service so transferred may be retransferred to the public employees’ retirement system, and the related contributions shall then be returned to the public employees’ retirement fund, at any time when the person ceases to be a legislator and reestablishes membership in the public employees’ retirement system.

2. Except as otherwise provided in section 1 of this act or for the transfer of service from the public employees’ retirement system to the legislators’ retirement system, as provided in this section, service after July 1, 1967, as a legislator cannot be accredited under the public employees’ retirement system and service in capacities covered by the public employees’ retirement system cannot be accredited under the legislators’ retirement system.

3. Nothing in NRS 218.2371 to 218.2395, inclusive, or in any other law prevents or prohibits coverage of a person under both the public employees’ retirement system and the legislators’ retirement system when service is compatible with the provisions of each system.

4. Legislators receiving retirement allowances from the public employees’ retirement system on July 1, 1967, are not eligible for transfer to the legislators’ retirement system.

Sec. 16. NRS 218.2381 is hereby amended to read as follows:

218.2381 1. Except as otherwise provided in section 1 of this act or required as a result of NRS 218.23815, each legislator shall be a member of the legislators’ retirement system and shall make contributions to the legislators’ retirement fund in the amounts and manner provided in NRS 218.2371 to 218.2395, inclusive.

2. Within 5 days after the commencement of each regular or special session of the legislature each legislator who has not previously filed a beneficiary designation form with the board shall file with the board, upon a form provided by the board, the designation of a beneficiary who is entitled to receive the contributions of the legislator in case of death before retirement or termination of services as a legislator and subsequent withdrawal of contributions. If no beneficiary is designated, payment must be made to the estate of the deceased legislator. Payment may be made directly to the designated beneficiary without probate or administration of the estate of the deceased legislator.

3. A beneficiary may be changed at any time by written notice given by a legislator to the board on a form prescribed by the board.

Sec. 17. NRS 218.2387 is hereby amended to read as follows:

218.2387 [The] Except as otherwise provided in section 1 of this act, the director of the legislative counsel bureau shall:

1. Deduct from the compensation of each legislator an amount equal to 15 percent of the gross compensation earned as a legislator and transmit that amount to the board together with the necessary forms prescribed by the board at intervals designated by the board; and

2. Pay to the board from the legislative fund an amount as the contribution of the State of Nevada as employer which is actuarially determined to be sufficient to provide the system with enough money to pay all benefits for which the system will be liable.

Sec. 18. 1. In addition to the election authorized pursuant to section 1 of this act, a legislator who is also a member of the public employees’ retirement system may elect to waive any service credit that he has accrued for retirement under the legislators’ retirement system while on leave as a public employee and take that service credit as credit in the public employees’ retirement system.

2. A legislator who makes the election authorized pursuant to subsection 1 shall pay to the public employees’ retirement system the contributions applicable to the periods in which he was on a leave of absence as a public employee, plus interest accrued, for each period to be credited.

3. An election pursuant to subsection 1 must be made on or before December 31, 1999.".

Amend sec. 13, page 10, line 6, by deleting "2" and inserting "3".

Amend sec. 14, page 10, line 11, by deleting "8" and inserting "10".

Amend sec. 15, page 10, line 14, by deleting:

"2 and 4 to 14," and inserting:

"2, 3 and 5 to 20,".

Amend sec. 15, page 10, line 16, by deleting "3" and inserting "4".

Amend the title of the bill, first line, after "system;" by inserting:

"authorizing legislators who are also public employees to obtain credit for retirement under the system for periods of service in the Nevada Legislature while on leave from public employment in certain circumstances;".