exempt

      (REPRINTED WITH ADOPTED AMENDMENTS)

 

Assembly Bill No. 232–Committee on Ways and Means

 

(On Behalf of Interim Committee on Pension Plan
for Certain justices and Judges (AB 698))

 

February 26, 2001

____________

 

Referred to Committee on Ways and Means

 

SUMMARY—Establishes judicial retirement system for certain justices of the supreme court and district court judges. (BDR 1‑208)

 

FISCAL NOTE:                     Effect on Local Government: Yes.

                             Effect on the State: Contains Appropriation included in Executive Budget.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to the judiciary; establishing a judicial retirement system for certain justices of the supreme court and district court judges; providing a penalty; 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. Title 1 of NRS is hereby amended by adding thereto a new

1-2  chapter to consist of the provisions set forth as sections 2 to 62, inclusive,

1-3  of this act.

1-4    Sec. 2.  As used in this chapter, unless the context otherwise

1-5  requires, the words and terms defined in sections 3 to 10, inclusive, of

1-6  this act have the meanings ascribed to them in those sections.

1-7    Sec. 3.  “Board” means the public employees’ retirement board.

1-8    Sec. 4.  1.  “Compensation” means the salary paid to a justice of the

1-9  supreme court or district judge by this state including:

1-10    (a) Base pay, which is the monthly rate of pay excluding all fringe

1-11  benefits;

1-12    (b) Additional payment for longevity; and

1-13    (c) Payment for extra duty assignments if it is the standard practice of

1-14  this state to include such pay in the employment contract or official job

1-15  description for the calendar year in which it is paid and such pay is

1-16  specifically included in the justice’s or judge’s employment contract or

1-17  official job description.

1-18    2.  The term does not include any type of payment not specifically

1-19  described in this section.

2-1    Sec. 5.  “Disability retirement allowance” means monthly payments

2-2  from the judicial retirement fund paid to disabled retired justices of the

2-3  supreme court or district judges pursuant to the judicial retirement plan.

2-4    Sec. 6.  “Judicial retirement plan” means the retirement plan

2-5  established pursuant to section 24 of this act.

2-6    Sec. 7.  “Retired justice or judge” means a justice of the supreme

2-7  court or district judge who was a member of the judicial retirement plan

2-8  at the time he retired or who decides, pursuant to section 22 or 23 of this

2-9  act, to receive benefits for retirement pursuant to the judicial retirement

2-10  plan.

2-11    Sec. 8.  “Service” means all creditable employment which is

2-12  validated pursuant to the provisions of this chapter and can be used in

2-13  determining eligibility and scope of benefits for justices of the supreme

2-14  court or district judges pursuant to the judicial retirement plan.

2-15    Sec. 9.  “Service retirement allowance” means monthly payments

2-16  from the judicial retirement fund paid to a retired justice of the supreme

2-17  court or district judge pursuant to the judicial retirement plan for the

2-18  remainder of his life.

2-19    Sec. 10.  “System” means the judicial retirement system established

2-20  pursuant to this chapter.

2-21    Sec. 11.  1.  A system of retirement providing benefits for the

2-22  retirement, disability or death of all justices of the supreme court and

2-23  district judges and funded on an actuarial reserve basis is hereby

2-24  established and must be known as the judicial retirement system.

2-25    2.  The system consists of the judicial retirement plan and the

2-26  provisions set forth in NRS 2.060 to 2.075, inclusive, and section 64 of

2-27  this act and NRS 3.090 to 3.097, inclusive, and section 69 of this act for

2-28  providing benefits to justices of the supreme court or district judges who

2-29  served either as a justice of the supreme court or district judge before

2-30  November 5, 2002. Each justice of the supreme court or district judge

2-31  who is not a member of the public employees’ retirement system is a

2-32  member of the system.

2-33    3.  The official correspondence and records, other than the files of

2-34  individual members of the system or retired justices or judges, and the

2-35  minutes and books of the system are public records and are available for

2-36  public inspection.

2-37    4.  The system must be administered exclusively by the board, which

2-38  shall make all necessary rules and regulations for the administration of

2-39  the system. The rules must include, without limitation, rules relating to

2-40  the administration of the retirement plans in accordance with federal

2-41  law. The legislature shall regularly review the system.

2-42    Sec. 12.  All records maintained for a member of the system, retired

2-43  justice or judge, justice or judge who retired pursuant to NRS 2.060 to

2-44  2.075, inclusive, and section 64 of this act, or pursuant to NRS 3.090 to

2-45  3.097, inclusive, and section 69 of this act, or his beneficiary may be

2-46  reviewed and copied only by the system, the member, the court

2-47  administrator, the spouse of the member, or the retired justice or judge or

2-48  his spouse, or pursuant to a court order, or by a beneficiary after the

2-49  death of the justice or judge on whose account benefits are received

3-1  pursuant to the system. Any member, retired justice or judge, justice or

3-2  judge who retired pursuant to NRS 2.060 to 2.075, inclusive, and section

3-3  64 of this act, or pursuant to NRS 3.090 to 3.097, inclusive, and section

3-4  69 of this act, or beneficiary may submit a written waiver to the system

3-5  authorizing his representative to review or copy all such records.

3-6    Sec. 13.  1.  The judicial retirement fund is hereby established as a

3-7  trust fund.

3-8    2.  It is hereby declared to be the policy of the legislature that the

3-9  judicial retirement fund is established to afford a degree of security to

3-10  long-time justices of the supreme court and district judges in this state.

3-11  The money in the fund must not be used or appropriated for any purpose

3-12  incompatible with the provisions of this chapter or NRS 2.060 to 2.075,

3-13  inclusive, and section 64 of this act, or NRS 3.090 to 3.097, inclusive, and

3-14  section 69 of this act. The fund must be invested and administered to

3-15  ensure the highest return consistent with safety in accordance with

3-16  accepted investment practices.

3-17    3.  All money appropriated by the legislature to the judicial retirement

3-18  fund, all money submitted to the system for deposit in the fund pursuant

3-19  to section 13.5 of this act and all income accruing to the fund from all

3-20  other sources must be deposited in the fund.

3-21    4.  The interest and income earned on the money in the judicial

3-22  retirement fund, after deducting any applicable charges, must be credited

3-23  to the fund.

3-24    5.  The system must pay all retirement allowances, benefits, optional

3-25  settlements and other obligations or payments payable by the system

3-26  pursuant to this chapter and NRS 2.060 to 2.075, inclusive, and section

3-27  64 of this act and NRS 3.090 to 3.097, inclusive, and section 69 of this act

3-28  from the judicial retirement fund. The money in the fund must be

3-29  expended by the board for the payment of expenses authorized by law to

3-30  be paid from the fund.

3-31      Sec. 13.5.  1.  Beginning July 1, 2003, the court administrator

3-32  shall submit to the system for deposit in the judicial retirement fund on

3-33  behalf of each member of the system the percentage of compensation of

3-34  the member that is determined by the actuary of the system to be required

3-35  to pay the normal cost incurred in making payments pursuant to

3-36  subsection 5 of section 13 of this act and any administrative expenses of

3-37  the system. Such payments must be:

3-38      (a) Accompanied by payroll reports that include information deemed

3-39  necessary by the board to carry out its duties; and

3-40      (b) Received by the system not later than 15 days after the calendar

3-41  month for which the compensation and service credits of members of the

3-42  system are reported and certified by the court administrator. The

3-43  compensation must be reported separately for each month that it is paid.

3-44    2.  Beginning July 1, 2003, the court administrator shall pay to the

3-45  system for deposit in the judicial retirement fund from any fund created

3-46  for the purpose of paying pension benefits to justices of the supreme

3-47  court or district judges an amount as the contribution of the State of

3-48  Nevada as employer which is actuarially determined to be sufficient to

4-1  provide the system with enough money to pay all benefits for which the

4-2  system will be liable.

4-3    Sec. 14.  1.  The board shall establish a fund known as the judicial

4-4  retirement administrative fund in which must be deposited all

4-5  administrative fees.

4-6    2.  The board shall fix an administrative fee per capita sufficient to

4-7  pay the expense of operating the judicial retirement system.

4-8    Sec. 15.  1.  The board may establish a fund to pay the accrued

4-9  benefits of a member of the system that are not payable because of the

4-10  limitations set forth in section 26 of this act. The fund must be

4-11  established in accordance with the provisions of section 415(m) of the

4-12  Internal Revenue Code, 26 U.S.C. § 415(m), and must be separate from

4-13  the judicial retirement fund.

4-14    2.  If the board establishes a fund pursuant to subsection 1, the

4-15  benefits that are required to be paid from the fund must be paid from

4-16  money in the fund.

4-17    Sec. 16.  The board has the exclusive control of the administration

4-18  and investment of the judicial retirement fund, with the same powers and

4-19  duties and subject to the same limitations and restrictions that are

4-20  applicable to the administration and investment of the public employees’

4-21  retirement fund.

4-22    Sec. 17.  Except as specifically provided in this chapter, the accounts

4-23  of members of the system and recipients of benefits of the system must be

4-24  administered in accordance with the provisions of chapter 286 of NRS as

4-25  if the justice of the supreme court or the district judge were or had been a

4-26  member of the public employees’ retirement system.

4-27    Sec. 18.  1.  The board shall not change the actuarial assumptions

4-28  used in computing the benefits provided to a member of the system.

4-29    2.  The board shall make available to every member of the system

4-30  upon request the actuarial assumptions used in computing the benefits

4-31  provided to a member of the system.

4-32    Sec. 19.  1.  The board, subject to the limitations of this chapter, is

4-33  responsible for managing the system.

4-34    2.  The board shall:

4-35    (a) Arrange for a biennial actuarial valuation and report of the

4-36  actuarial soundness of the system to be prepared by an independent

4-37  actuary based upon data compiled and supplied by employees of the

4-38  system, and shall adopt actuarial tables and formula prepared and

4-39  recommended by the actuary;

4-40    (b) Provide for a biennial audit of the system, including, without

4-41  limitation, the judicial retirement administrative fund, by an independent

4-42  certified public accountant; and

4-43    (c) Provide an annual report concerning the judicial retirement

4-44  system established pursuant to this chapter to the court administrator, the

4-45  governor and each member of the legislature, and make the report

4-46  available to all members of the judicial retirement system upon request.

4-47  The report must contain, when available, a review of the actuarial

4-48  valuation required by paragraph (a).

4-49    3.  The board may:

5-1    (a) Adjust the service or correct the records, allowance or benefits of

5-2  any member of the system, retired justice or judge or beneficiary after an

5-3  error or inequity has been determined, and require repayment of any

5-4  money determined to have been paid by the system in error, if the money

5-5  was paid within 6 years before demand for its repayment.

5-6    (b) Examine and copy personnel and financial records of a justice of

5-7  the supreme court or district judge that are maintained by the court

5-8  administrator.

5-9    (c) Require an annual notarized statement from a retired justice or

5-10  judge or beneficiary that he is in fact receiving an allowance or benefits,

5-11  and withhold the allowance or benefits if he fails to provide the

5-12  statement.

5-13    4.  As used in this section, “error or inequity” means the existence of

5-14  extenuating circumstances, including, without limitation, a member’s

5-15  reasonable and detrimental reliance on representations made by the

5-16  system which prove to be erroneous, or the mental incapacity of the

5-17  member.

5-18    Sec. 20.  1.  No person may become a member of the judicial

5-19  retirement system unless he is a justice of the supreme court or a district

5-20  judge.

5-21    2.  Except as otherwise provided in section 31 of this act, persons

5-22  retired under the provisions of this chapter who are employed as a justice

5-23  of the supreme court or district judge in any judicial capacity, including,

5-24  without limitation, employment as a senior justice or senior judge of the

5-25  Nevada court system, are not eligible to become members of the system.

5-26    Sec. 21.  1.  Membership of a justice of the supreme court or a

5-27  district judge in the system terminates upon:

5-28    (a) The death of a member;

5-29    (b) Receipt of retirement allowances by a member of the judicial

5-30  retirement plan or retirement benefits pursuant to NRS 2.060 to 2.075,

5-31  inclusive, and section 64 of this act, or pursuant to NRS 3.090 to 3.097,

5-32  inclusive, and section 69 of this act; or

5-33    (c) Receipt of disability allowances by a member of the judicial

5-34  retirement plan or disability benefits pursuant to NRS 2.060 to 2.075,

5-35  inclusive, and section 64 of this act, or pursuant to NRS 3.090 to 3.097,

5-36  inclusive, and section 69 of this act.

5-37    2.  A retired justice or judge is not entitled to any right conferred by

5-38  this chapter upon a member of the system unless the provision conferring

5-39  that right expressly states that it is conferred upon a retired justice or

5-40  judge.

5-41    3.  A justice or judge who retired pursuant to NRS 2.060 to 2.075,

5-42  inclusive, and section 64 of this act, or pursuant to NRS 3.090 to 3.097,

5-43  inclusive, and section 69 of this act, is not entitled to any right conferred

5-44  by this chapter upon a member of the system unless the provision

5-45  conferring that right expressly states that it is conferred upon a justice or

5-46  judge who retired pursuant to NRS 2.060 to 2.075, inclusive, and section

5-47  64 of this act, or pursuant to NRS 3.090 to 3.097, inclusive, and section

5-48  69 of this act.

6-1    Sec. 22.  1.  Each justice of the supreme court or district judge who

6-2  is elected or appointed as a justice of the supreme court or a district

6-3  judge on or after November 5, 2002, who takes office on or after

6-4  January 1, 2003, and who previously has not served as either a justice of

6-5  the supreme court or a district judge must receive benefits for retirement,

6-6  benefits for disability and survivor benefits under the judicial retirement

6-7  plan, if eligible to receive such benefits under the judicial retirement

6-8  plan, unless he is a member of the public employees’ retirement system

6-9  and elects to remain a member pursuant to section 23 of this act if

6-10  eligible to do so.

6-11    2.  Each justice of the supreme court or district judge who is elected

6-12  or appointed as a justice of the supreme court or district judge on or after

6-13  November 5, 2002, and who previously has served as either a justice of

6-14  the supreme court or a district judge must receive benefits for retirement,

6-15  benefits for disability and survivor benefits pursuant to either:

6-16    (a) NRS 2.060 to 2.075, inclusive, and section 64 of this act or NRS

6-17  3.090 to 3.097, inclusive, and section 69 of this act, as those sections

6-18  existed on November 5, 2002, if eligible to receive such benefits under

6-19  such provisions; or

6-20    (b) The judicial retirement plan, if eligible to receive such benefits

6-21  under the judicial retirement plan,

6-22  whichever is most beneficial to the justice or judge or his survivor, as

6-23  determined by the justice or judge at the time of his retirement or the

6-24  time at which he becomes disabled, or as determined by his survivor at

6-25  the time of his death, unless he is a member of the public employees’

6-26  retirement system and elects to remain a member pursuant to section 23

6-27  of this act if eligible to do so. A survivor may not change a determination

6-28  that affects the survivor and which was made by a justice or judge

6-29  pursuant to this section while the justice or judge was alive.

6-30    3.  A determination made pursuant to subsection 2 is final and if a

6-31  justice or judge or his survivor determines pursuant to subsection 2:

6-32    (a) To receive benefits pursuant to the judicial retirement plan, the

6-33  justice, judge or survivor may not receive benefits pursuant to NRS 2.060

6-34  to 2.075, inclusive, and section 64 of this act or pursuant to NRS 3.090 to

6-35  3.097, inclusive, and section 69 of this act; or

6-36    (b) To receive benefits pursuant to NRS 2.060 to 2.075, inclusive, and

6-37  section 64 of this act or pursuant to NRS 3.090 to 3.097, inclusive, and

6-38  section 69 of this act, the justice, judge or survivor may not receive

6-39  benefits pursuant to the judicial retirement plan.

6-40    4.  No justice of the supreme court or district judge or survivor of a

6-41  justice of the supreme court or district judge may receive benefits under

6-42  both this chapter and:

6-43    (a) NRS 2.060 to 2.075, inclusive, and section 64 of this act; or

6-44    (b) NRS 3.090 to 3.097, inclusive, and section 69 of this act.

6-45    5.  A justice of the supreme court or district judge or a survivor of a

6-46  justice of the supreme court or district judge who is receiving retirement

6-47  allowances pursuant to NRS 2.060 to 2.075, inclusive, and section 64 of

6-48  this act, or pursuant to NRS 3.090 to 3.097, inclusive, and section 69 of

7-1  this act, on January 1, 2003, is not eligible for transfer to the judicial

7-2  retirement plan.

7-3  Sec. 23.  1.  A person who is elected or appointed as a justice of the

7-4  supreme court or district judge on or after November 5, 2002, and takes

7-5  office on or after January 1, 2003, who is a member of the public

7-6  employees’ retirement system established pursuant to chapter 286 of NRS

7-7  on the date that he is elected or appointed may withdraw from the public

7-8  employees’ retirement system and become a member of the judicial

7-9  retirement plan if he gives written notice to the board of his intention to

7-10  withdraw from the public employees’ retirement system and to become a

7-11  member of the judicial retirement plan. Such notice must be given to the

7-12  board within the time set forth in subsection 3 and must be given the first

7-13  time that the justice or judge is elected or appointed while he is a member

7-14  of the public employees’ retirement system.

7-15    2.  A justice or judge may not become a member of the judicial

7-16  retirement plan pursuant to subsection 1 if he has previously been elected

7-17  or appointed on or after November 5, 2002, and taken office on or after

7-18  January 1, 2003, while he was a member of the public employees’

7-19  retirement system and he did not give notice of his intention to withdraw

7-20  from the public employees’ retirement system and to become a member of

7-21  the judicial retirement plan in the manner set forth in this section.

7-22    3.  Written notice pursuant to subsection 1 must be received by the

7-23  board:

7-24    (a) If the justice or judge is elected, by March 31 of the year

7-25  immediately following the year in which he was elected; or

7-26    (b) If the justice or judge is appointed, within 90 days after his

7-27  appointment.

7-28    4.  If the board receives notice pursuant to this section that a justice

7-29  or judge intends to withdraw from the public employees’ retirement

7-30  system, it shall transfer from the public employees’ retirement fund to the

7-31  judicial retirement plan the accrued actuarial liability and credit for

7-32  service earned by the justice or judge while a member of the public

7-33  employees’ retirement system as determined by an actuary of the judicial

7-34  retirement system. The service so transferred must be accredited under

7-35  the judicial retirement plan as if performed in the public employees’

7-36  retirement system.

7-37    5.  A justice or judge who exercises the option granted by this section

7-38  may not reestablish the service for which the liabilities were transferred.

7-39    6.  No justice of the supreme court or district judge or survivor of a

7-40  justice of the supreme court or district judge may receive benefits under

7-41  both this chapter and chapter 286 of NRS.

7-42    7.  A justice of the supreme court or district judge or survivor of a

7-43  justice of the supreme court or district judge who is receiving a

7-44  retirement allowance from the public employees’ retirement system on

7-45  January 1, 2003, is not eligible for transfer to the judicial retirement

7-46  plan.

7-47    Sec. 24.  1.  A plan under which all justices of the supreme court

7-48  and district judges who are elected or appointed for the first time as

8-1  either a justice of the supreme court or district judge on or after

8-2  November 5, 2002, and who take office on or after January 1, 2003, and

8-3  who do not elect to remain in the public employees’ retirement system, if

8-4  eligible to do so, must receive benefits for retirement, disability and death

8-5  is hereby established and must be known as the judicial retirement plan.

8-6    2.  Each justice of the supreme court or district judge elected or

8-7  appointed for the first time as either a justice of the supreme court or

8-8  district judge on or after November 5, 2002, and who takes office on or

8-9  after January 1, 2003, and who does not elect pursuant to section 23 of

8-10  this act to remain in the public employees’ retirement system, if eligible

8-11  to do so, is a member of the judicial retirement plan.

8-12    3.  Benefits are earned pursuant to the judicial retirement plan in the

8-13  manner set forth in sections 25 to 62, inclusive, of this act.

8-14    Sec. 25.  Except as otherwise required as a result of section 26 of this

8-15  act:

8-16    1.  A member of the judicial retirement plan who has 5 years of

8-17  creditable service may, except as otherwise provided in subsection 2,

8-18  purchase up to 5 years of service. The member must pay the full

8-19  actuarial cost of the service as determined by an actuary of the system.

8-20    2.  A justice or judge may purchase creditable service pursuant to

8-21  subsection 1 only if, at the time of the purchase, he is employed in a

8-22  position whose occupant is eligible for membership in the judicial

8-23  retirement plan.

8-24    3.  A member of the judicial retirement plan may use:

8-25    (a) All or any portion of the balance of his interest in a qualified trust

8-26  pursuant to section 401(a) of the Internal Revenue Code, 26 U.S.C. §

8-27  401(a); or

8-28    (b) The money contained in an individual retirement account or in an

8-29  individual retirement annuity of a member, the entire amount of which

8-30  is:

8-31      (1) Attributable to a qualified distribution from a qualified trust

8-32  pursuant to section 401(a) of the Internal Revenue Code, 26 U.S.C. §

8-33  401(a); and

8-34      (2) Qualified as an eligible rollover distribution pursuant to section

8-35  402 of the Internal Revenue Code, 26 U.S.C. § 402,

8-36  to purchase creditable service pursuant to subsection 1.

8-37    4.  If a member of the judicial retirement plan enters into an

8-38  agreement whereby he agrees to pay for the purchase of service credit in

8-39  installments and he defaults on that agreement, the member is entitled to

8-40  receive service credit in the proportion that the principal paid bears to the

8-41  principal due under the agreement.

8-42    Sec. 26.  Notwithstanding any other provision of law, the benefits

8-43  payable to and the contributions made for the benefit of a member of the

8-44  judicial retirement plan are limited pursuant to the provisions of sections

8-45  415(b) and 415(c) of the Internal Revenue Code, 26 U.S.C. §§ 415(b) and

8-46  415(c), that apply to governmental plans.

8-47    Sec. 27.  Service credit for a member of the judicial retirement plan

8-48  begins on the day his term of office begins and terminates on the day his

9-1  term of office expires, unless sooner terminated on the day of his death,

9-2  resignation or removal from office.

9-3    Sec. 28.  Except as otherwise provided in this chapter, a member of

9-4  the judicial retirement plan must not receive credit in the plan for service

9-5  that entitled the member to credit for retirement purposes in any other

9-6  retirement system operated by the federal or a state government, or any

9-7  of their agencies or political subdivisions, including, without limitation,

9-8  the Social Security Act.

9-9    Sec. 29.  1.  A member of the judicial retirement plan is eligible to

9-10  retire at the age of 65 years if he has at least 5 years of service, at the age

9-11  of 60 years if he has at least 10 years of service and at any age if he has

9-12  at least 30 years of service.

9-13    2.  Any member of the judicial retirement plan who has the years of

9-14  creditable service necessary to retire, but has not attained the required

9-15  age, if any, may retire at any age with a benefit actuarially reduced to the

9-16  required retirement age. Except as otherwise required as a result of

9-17  section 26 of this act, a retirement benefit pursuant to this subsection

9-18  must be reduced by 4 percent of the unmodified benefit for each full year

9-19  that the member is under the appropriate retirement age, and an

9-20  additional 0.33 percent for each additional month that the member is

9-21  under the appropriate retirement age. Any option selected pursuant to

9-22  this subsection must be reduced by an amount proportionate to the

9-23  reduction provided in this subsection for the unmodified benefit. The

9-24  board may adjust the actuarial reduction based upon an experience study

9-25  of the system and recommendation by the actuary.

9-26    Sec. 30.  1.  Except as otherwise provided in subsection 4 and

9-27  sections 31 and 31.5 of this act, if a retired justice or judge accepts

9-28  employment as a justice of the supreme court or district judge in any

9-29  judicial capacity, including, without limitation, employment as a senior

9-30  justice or senior judge of the Nevada court system, he is disqualified from

9-31  receiving any allowances under the judicial retirement plan for the

9-32  duration of his active service.

9-33    2.  If a retired justice or judge accepts any employment other than

9-34  that described in subsection 1, the justice or judge is entitled to the same

9-35  allowances as a retired justice or judge who has no employment.

9-36      3.  If a retired justice or judge who accepts employment as a justice

9-37  of the supreme court or district judge in a judicial capacity pursuant to

9-38  this section elects not to reenroll in the judicial retirement plan pursuant

9-39  to subsection 1 of section 31 of this act, the court administrator may pay

9-40  contributions on behalf of the retired justice or judge to a retirement

9-41  fund which is not a part of the judicial retirement plan in an amount not

9-42  to exceed the amount of the contributions that the court administrator

9-43  would pay to the system on behalf of a participating justice or judge who

9-44  is employed in a similar position.

9-45    4.  The system may waive for one period of 30 days or less a retired

9-46  justice’s or judge’s disqualification under this section if the chief justice

9-47  of the supreme court certifies in writing, in advance, that the retired

9-48  justice or judge is recalled to meet an emergency and that no other

9-49  qualified person is immediately available.

10-1    Sec. 31.  1.  A retired justice or judge who accepts employment as a

10-2  justice of the supreme court or district judge in any judicial capacity,

10-3  including, without limitation, employment as a senior justice or senior

10-4  judge of the Nevada court system, may enroll in the judicial retirement

10-5  plan as of the effective date of that employment. As of the date of

10-6  enrollment:

10-7    (a) He forfeits all retirement allowances for the duration of that

10-8  employment; and

10-9    (b) Except as otherwise required as a result of section 26 or 33 of this

10-10  act, if the duration of the employment is at least 6 months, he gains

10-11  additional service credit for that employment and is entitled to have a

10-12  separate service retirement allowance calculated based on his

10-13  compensation and service, effective upon the termination of that

10-14  employment. If the duration of the employment is:

10-15     (1) Less than 5 years, the additional allowance must be added to his

10-16  original allowance and must be under the same option and designated

10-17  the same beneficiary as the original allowance; or

10-18     (2) Five years or more, the additional allowance may be under any

10-19  option and designate any beneficiary in accordance with section 36 of

10-20  this act.

10-21  2.  The original service retirement allowance of such a retired justice

10-22  or judge must not be recalculated based upon the additional service

10-23  credit, nor is he entitled to any of the rights of membership that were not

10-24  in effect at the time of his original retirement. The accrual of service

10-25  credit pursuant to this section is subject to the limits imposed by:

10-26  (a) Section 37 of this act; and

10-27  (b) Section 415 of the Internal Revenue Code, 26 U.S.C. § 415.

10-28  3.  Except as otherwise required as a result of section 26 or 33 of this

10-29  act, a retired justice or judge who has been receiving a retirement

10-30  allowance pursuant to the judicial retirement plan and who is

10-31  reemployed and is enrolled in the plan for at least 5 years may have his

10-32  additional credit for service added to his previous credit for service. This

10-33  additional credit for service must not apply to more than one period of

10-34  employment after the original retirement.

10-35  4.  The survivor of a deceased member of the judicial retirement plan

10-36  who had previously retired and was reemployed and enrolled in the plan,

10-37  who qualifies for benefits pursuant to sections 50 to 61, inclusive, of this

10-38  act, is eligible for the benefits based on the service accrued through the

10-39  second period of employment.

10-40  Sec. 31.5.  1.  The provisions of subsection 1 of section 30 of this act

10-41  do not apply to a retired justice or judge who accepts employment as a

10-42  justice of the supreme court or district judge in a judicial capacity if:

10-43  (a) He fills a position for which there is a critical labor shortage; and

10-44  (b) At the time of his reemployment, he is receiving:

10-45     (1) An unmodified benefit; or

10-46     (2) A benefit actuarially reduced pursuant to subsection 2 of section

10-47  29 of this act and has reached the required age at which he could have

10-48  retired with an unmodified benefit.

11-1    2.  A retired justice or judge who is reemployed under the

11-2  circumstances set forth in subsection 1 may reenroll in the judicial

11-3  retirement plan as provided in section 31 of this act.

11-4    3.  The supreme court shall designate positions in the judicial branch

11-5  of state government for which there are critical labor shortages.

11-6    Sec. 32.  Notwithstanding any other provision of law, every

11-7  distribution to a member of the judicial retirement plan must be made

11-8  pursuant to the provisions of section 401(a)(9) of the Internal Revenue

11-9  Code, 26 U.S.C. § 401(a)(9), that apply to governmental plans.

11-10  Sec. 33.  Notwithstanding any other provision of law, the amount of

11-11  compensation used to determine the retirement benefit of a member of

11-12  the judicial retirement plan must not exceed the limitation provided by

11-13  section 401(a)(17) of the Internal Revenue Code, 26 U.S.C. § 401(a)(17).

11-14  Sec. 34.  Forfeitures must not be applied to increase the benefits any

11-15  member of the judicial retirement plan would otherwise receive pursuant

11-16  to the provisions governing the plan as provided by section 401(a)(8) of

11-17  the Internal Revenue Code, 26 U.S.C. § 401(a)(8).

11-18  Sec. 35.  1.  Applications for service retirement allowances or

11-19  disability retirement allowances must be submitted to the offices of the

11-20  system on forms approved by the executive officer of the board. The form

11-21  must not be deemed filed unless it contains:

11-22  (a) The member of the judicial retirement plan’s selection of the

11-23  retirement plan contained in section 37 of this act or one of the optional

11-24  plans provided in section 38 of this act;

11-25  (b) A notarized statement of the marital status of the member of the

11-26  judicial retirement plan; and

11-27  (c) If the member of the system is married, a statement of the spouse’s

11-28  consent or objection to the chosen retirement plan, signed by the spouse

11-29  and notarized.

11-30  2.  Except as otherwise required by section 32 of this act, retirement

11-31  becomes effective on whichever of the following days is the later:

11-32  (a) The day immediately following the applicant’s last day of

11-33  employment;

11-34  (b) The day the completed application form is filed with the system;

11-35  (c) The day immediately following the applicant’s last day of

11-36  creditable service; or

11-37  (d) The effective date of retirement specified on the application form.

11-38  3.  The selection of a retirement plan by a member of the judicial

11-39  retirement plan and consent or objection to that plan by the spouse

11-40  pursuant to this section does not affect the responsibility of the member

11-41  concerning the rights of any present or former spouse.

11-42  4.  The system is not liable for any damages resulting from the false

11-43  designation of marital status by a member of the system or a retired

11-44  justice or judge, or a justice of the supreme court or district judge who

11-45  retires pursuant to NRS 2.060 to 2.075, inclusive, and section 64 of this

11-46  act, or pursuant to NRS 3.090 to 3.097, inclusive, and section 69 of this

11-47  act.

11-48  Sec. 36.  1.  If the spouse of the member of the judicial retirement

11-49  plan does not consent to the retirement plan chosen by the member

12-1  before the date on which the retirement becomes effective pursuant to

12-2  section 35 of this act the system must:

12-3    (a) Notify the spouse that he has 90 days to consent or have the

12-4  member change his selection; and

12-5    (b) Pay the retirement at the amount calculated for Option 2 provided

12-6  in section 38 of this act until the spouse consents or for 90 days,

12-7  whichever is less.

12-8    2.  Upon consent of the spouse or at the end of the 90 days, the

12-9  retirement benefit must be recalculated and paid under the terms of the

12-10  option originally selected by the member retroactively to the date on

12-11  which the retirement became effective.

12-12  Sec. 37.  Except as otherwise required as a result of section 26 or 33

12-13  of this act:

12-14  1.  Except as otherwise provided in this subsection, a monthly service

12-15  retirement allowance must be determined by multiplying a member of the

12-16  judicial retirement plan’s average compensation by 3.4091 percent for

12-17  each year of service, except that a member of the plan is entitled to a

12-18  benefit of not more than 75 percent of his average compensation with his

12-19  eligibility for service credit ceasing at 22 years of service.

12-20  2.  For the purposes of this section, “average compensation” means

12-21  the average of a member of the plan’s 36 consecutive months of highest

12-22  compensation as certified by the court administrator.

12-23  Sec. 38.  1.  The alternatives to an unmodified service retirement

12-24  allowance are as follows:

12-25  (a) Option 2 consists of a reduced service retirement allowance

12-26  payable monthly during the retired justice’s or judge’s life, with the

12-27  provision that it continue after his death for the life of the beneficiary

12-28  whom he nominates by written designation acknowledged and filed with

12-29  the board at the time of retirement should the beneficiary survive him.

12-30  (b) Option 3 consists of a reduced service retirement allowance

12-31  payable monthly during the retired justice’s or judge’s life, with the

12-32  provision that it continue after his death at one-half the rate paid to him

12-33  and be paid for the life of the beneficiary whom he nominates by written

12-34  designation acknowledged and filed with the board at the time of

12-35  retirement should the beneficiary survive him.

12-36  (c) Option 4 consists of a reduced service retirement allowance

12-37  payable monthly during the retired justice’s or judge’s life, with the

12-38  provision that it continue after his death for the life of his beneficiary,

12-39  whom he nominates by written designation acknowledged and filed with

12-40  the board at the time of the election, should his beneficiary survive him,

12-41  beginning on the attainment by the surviving beneficiary of age 60 years.

12-42  (d) Option 5 consists of a reduced service retirement allowance

12-43  payable monthly during the retired justice’s or judge’s life, with the

12-44  provision that it continue after his death at one-half the rate paid to him

12-45  and be paid for the life of his beneficiary whom he nominates by written

12-46  designation acknowledged and filed with the board at the time of the

12-47  election, should his beneficiary survive him, beginning on the attainment

12-48  by the surviving beneficiary of age 60 years.

13-1    (e) Option 6 consists of a reduced service retirement allowance

13-2  payable monthly during the retired justice’s or judge’s life, with the

13-3  provision that a specific sum per month, which cannot exceed the

13-4  monthly allowance paid to the retired justice or judge, be paid after his

13-5  death to the beneficiary for the life of the beneficiary whom he

13-6  nominates by written designation acknowledged and filed with the board

13-7  at the time of retirement, should the beneficiary survive him.

13-8    (f) Option 7 consists of a reduced service retirement allowance

13-9  payable monthly during the retired justice’s or judge’s life, with the

13-10  provision that a specific sum per month, which cannot exceed the

13-11  monthly allowance paid to the retired justice or judge, be paid after his

13-12  death to the beneficiary for the life of the beneficiary whom he

13-13  nominates by written designation acknowledged and filed with the board

13-14  at the time of election, should the beneficiary survive him, beginning on

13-15  the attainment by the surviving beneficiary of age 60 years.

13-16  2.  Post-retirement allowances must be considered a part of a retired

13-17  justice’s or judge’s monthly benefit and included in the allowance paid to

13-18  a beneficiary under one of the optional plans set forth in this section.

13-19  Sec. 39.  1.  If a member of the judicial retirement plan enters

13-20  retirement status under one of the optional plans described in section 38

13-21  of this act and the designated beneficiary predeceases the retired justice

13-22  or judge, the monthly retirement allowance must be automatically

13-23  adjusted to the unmodified retirement allowance provided in section 37

13-24  of this act.

13-25  2.  A retired justice or judge may not change the selected option or

13-26  designated beneficiary after the effective date of retirement except as

13-27  otherwise provided in subsection 3 and subsection 3 of section 31 of this

13-28  act.

13-29  3.  A retired justice or judge may cancel his selected option and

13-30  designation of beneficiary and revert to the unmodified retirement

13-31  allowance. He shall make this election by written designation,

13-32  acknowledged and filed with the board. The written election must be

13-33  accompanied by a written, notarized acknowledgment of the change by

13-34  the beneficiary if the beneficiary is the spouse of the retired justice or

13-35  judge. The election to cancel a selected option and revert to the

13-36  unmodified allowance does not abrogate any obligation of the retired

13-37  justice or judge respecting community property.

13-38  4.  The termination or adjustment of a monthly retirement allowance

13-39  resulting from the death of a justice or judge or beneficiary must not

13-40  become effective until the first day of the month immediately following

13-41  the death of the retired justice or judge or beneficiary.

13-42  Sec. 40.  Each person who receives benefits from the judicial

13-43  retirement fund pursuant to the system is entitled to receive cost-of-living

13-44  increases equivalent to those provided for retirees and beneficiaries of

13-45  the public employees’ retirement system.

13-46  Sec. 41.  1.  In addition to the options provided in NRS 287.023 and

13-47  subject to the requirements of that section, any justice of the supreme

13-48  court or district judge who retires under the conditions set forth in

13-49  section 29 of this act and, at the time of his retirement, was covered or

14-1  had his dependents covered by any group insurance or medical and

14-2  hospital service established pursuant to NRS 287.010 and 287.020, has

14-3  the option of having the executive officer of the board deduct and pay his

14-4  premium or contribution for that group insurance or medical and

14-5  hospital service coverage, as well as the amount due or to become due

14-6  upon any obligation designated by the board pursuant to subsection 2,

14-7  from his monthly retirement allowance until:

14-8    (a) He notifies the executive officer of the board to discontinue the

14-9  deduction; or

14-10  (b) Any of his dependents elect to assume the premium or contribution

14-11  applicable to the dependent’s coverage before the death of such a retired

14-12  justice or judge and continue coverage pursuant to NRS 287.023 after

14-13  his death.

14-14  2.  The board may adopt regulations to carry out the provisions of

14-15  subsection 1, including, without limitation, regulations governing the

14-16  number and types of obligations, amounts for the payment of which may

14-17  be deducted and paid by the board at the option of the retired justice or

14-18  judge pursuant to this section.

14-19  3.  The executive officer of the board, the board and the system are

14-20  not liable for any damages resulting from errors or omissions concerning

14-21  the deductions and payment of premiums or contributions authorized

14-22  pursuant to this section unless willful neglect or gross negligence is

14-23  proven.

14-24  Sec. 42.  1.  A member of the judicial retirement plan who has 5

14-25  years or more of service credit and who becomes totally unable to

14-26  perform his current job or any comparable job for which he is qualified

14-27  by his training and experience, because of injury or mental or physical

14-28  illness of a permanent nature is eligible to apply for disability retirement

14-29  if:

14-30  (a) Except as otherwise provided in subsection 5, his employment as a

14-31  justice of the supreme court or district judge will be terminated because

14-32  of the disability;

14-33  (b) He is employed as a justice of the supreme court or a district judge

14-34  at the time of application for disability retirement;

14-35  (c) He proves that his disability renders him unable to perform the

14-36  duties of his present position and of any other position he has held within

14-37  the past year;

14-38  (d) He files a notarized application for disability retirement with the

14-39  system which indicates a selection of option and to which is attached a

14-40  personal statement by the member of the judicial retirement plan,

14-41  describing the disability, the duties which he can and cannot perform,

14-42  and any benefits he is entitled to receive for disability from any other

14-43  public source; and

14-44  (e) The court administrator files an official statement certifying the

14-45  member’s employment record, record of disability, absences that have

14-46  occurred because of the disability, the effect upon the work of the

14-47  member after the disability, and job functions that can and cannot be

14-48  performed because of the disability.

15-1    2.  Except as otherwise required as a result of section 26 of this act,

15-2  the amount of the disability retirement allowance must be calculated in

15-3  the same manner as provided for service retirement calculations in

15-4  section 37 of this act, except that no reduction for the age of a member of

15-5  the judicial retirement plan may be made and that the allowance must be

15-6  reduced by the amount of any other benefit received from any source on

15-7  account of the same disability:

15-8    (a) If the benefit is provided or was purchased by the expenditure of

15-9  money by a Nevada public employer; and

15-10  (b) To the extent that the total of the unmodified benefit and the other

15-11  benefit would otherwise exceed his average compensation.

15-12  3.  A member of the judicial retirement plan may apply for disability

15-13  retirement even if he is eligible for service retirement.

15-14  4.  Each child of a deceased recipient of a disability retirement

15-15  allowance is entitled to receive the benefits provided by section 55 of this

15-16  act only if the decedent had not reached the age and completed the

15-17  service required to be eligible for a service retirement allowance, except

15-18  that these benefits must not be paid to anyone who is named as a

15-19  beneficiary under one of the options to an unmodified allowance.

15-20  5.  If a member of the judicial retirement plan whose application for

15-21  disability retirement has been:

15-22  (a) Approved, dies before his employment is terminated, but within 60

15-23  days after his application was approved; or

15-24  (b) Mailed before his death as indicated by the date of the postmark

15-25  dated by the post office on the envelope in which it was mailed, dies

15-26  before the board has acted upon his application and the board approves

15-27  thereafter his application,

15-28  his beneficiary is entitled to receive an allowance under the option

15-29  selected rather than the benefit otherwise provided for a survivor.

15-30  6.  The termination or adjustment of a disability retirement allowance

15-31  resulting from the death of a recipient of an allowance pursuant to this

15-32  section must not become effective until the first day of the month

15-33  immediately following the death of the recipient.

15-34  7.  As used in this section, “public employer” has the meaning

15-35  ascribed to it in NRS 286.070.

15-36  Sec. 43.  The provisions of NRS 286.630, 286.634 and 286.637,

15-37  concerning disability retirement, apply to a member of the judicial

15-38  retirement plan who is receiving a disability retirement allowance

15-39  pursuant to section 42 of this act.

15-40  Sec. 44.  1.  When the recipient of a disability retirement allowance

15-41  is determined by the board to be no longer disabled, his allowance must

15-42  be canceled.

15-43  2.  A retired justice or judge who retired on account of disability

15-44  whose benefit is canceled may:

15-45  (a) Suspend his monthly benefit until eligible for service retirement;

15-46  or

15-47  (b) Elect a service retirement reduced for his age if he has the service

15-48  credit necessary to retire.

16-1    Sec. 45.  1.  Except as otherwise provided in subsection 2, whenever

16-2  a recipient of a disability retirement allowance pursuant to section 42 of

16-3  this act returns to employment as a justice of the supreme court or

16-4  district judge, the allowance must be discontinued and his service credit

16-5  at the time of disability retirement must be restored. The member shall

16-6  retire under the same retirement plan previously selected for retirement

16-7  on account of disability if he returns to disability retirement or elects

16-8  service retirement within 1 year after his return to employment.

16-9    2.  A recipient of a disability retirement allowance may be employed

16-10  and continue to receive his allowance if he applies to the board for

16-11  approval of the employment before he begins to work and the board

16-12  approves his application. The application must include:

16-13  (a) A full description of the proposed employment; and

16-14  (b) A statement written by the member of the system declaring the

16-15  reasons why the proposed employment should not be found to conflict

16-16  with his disability.

16-17  Sec. 46.  Any person convicted of the murder or voluntary

16-18  manslaughter of a member of the system is ineligible to receive any

16-19  benefit conferred by any provision of this chapter or NRS 2.060 to 2.075,

16-20  inclusive, and section 64 of this act, or NRS 3.090 to 3.097, inclusive, and

16-21  section 69 of this act, by reason of the death of that member. The system

16-22  may withhold the payment of any benefit otherwise payable under this

16-23  chapter by reason of the death of any member of the system from any

16-24  person charged with the murder or voluntary manslaughter of that

16-25  member, pending final determination of those charges.

16-26  Sec. 47.  1.  Except as otherwise provided in NRS 31A.150 and

16-27  section 48 of this act and as limited by subsection 2, the right of a person

16-28  to a pension, an annuity, a retirement allowance, the pension, annuity or

16-29  retirement allowance itself, any optional benefit or death benefit or any

16-30  other right accrued or accruing to any person under the provisions of

16-31  this chapter, and the money in the judicial retirement fund, is:

16-32  (a) Exempt from all state, county and municipal taxes;

16-33  (b) Not subject to execution, garnishment, attachment or any other

16-34  process;

16-35  (c) Not subject to the operation of any bankruptcy or insolvency law;

16-36  (d) Not assignable, by power of attorney or otherwise; and

16-37  (e) Exempt from assessment for the impairment or insolvency of any

16-38  life or health insurance company.

16-39  2.  The system may withhold money from a benefit when the person

16-40  applying for or receiving the benefit owes money to the system.

16-41  Sec. 48.  1.  A person may submit a judgment, decree or order of a

16-42  district court or the supreme court of the State of Nevada relating to child

16-43  support, alimony or the disposition of community property to the

16-44  executive officer of the board or his designee for a determination of

16-45  whether the judgment, decree or order entitles an alternate payee to

16-46  receive from the system all or a portion of the allowance or benefit of a

16-47  member of the judicial retirement plan or a retired justice or judge.

16-48  2.  The judgment, decree or order submitted to the executive officer of

16-49  the board or his designee must be signed by a district judge or by the

17-1  justices of the supreme court and entered and certified by the clerk of the

17-2  district court or the clerk of the supreme court.

17-3    3.  The executive officer of the board or his designee shall, in

17-4  accordance with rules prescribed by the board, determine whether the

17-5  judgment, decree or order entitles the alternate payee to receive an

17-6  allowance or benefit from the system. An alternate payee is entitled to

17-7  receive an allowance or benefit from the judicial retirement plan if the

17-8  judgment, decree or order:

17-9    (a) Specifies clearly the names, social security numbers and last

17-10  known mailing addresses, if any, of the member of the judicial retirement

17-11  plan or retired justice or judge and the alternate payee;

17-12  (b) Specifies clearly the amount, percentage or manner of determining

17-13  the amount of the allowance or benefit of the member of the judicial

17-14  retirement plan or retired justice or judge that must be paid by the system

17-15  to each alternate payee;

17-16  (c) Specifically directs the system to pay an allowance or benefit to the

17-17  alternate payee;

17-18  (d) Does not require the system to provide an allowance or benefit or

17-19  any option not otherwise provided under this chapter; and

17-20  (e) Does not require the payment of an allowance or benefit to an

17-21  alternate payee before the retirement of a member of the judicial

17-22  retirement plan.

17-23  4.  For the purposes of this subsection, “alternate payee” means a

17-24  spouse, former spouse, child or other dependent of a member of the

17-25  judicial retirement plan or retired justice or judge who, pursuant to a

17-26  judgment, decree or order relating to child support, alimony or the

17-27  disposition of community property, is entitled to receive all or a portion of

17-28  the allowance or benefit of a member or retired justice or judge from the

17-29  system.

17-30  Sec. 49.  1.  Any check for benefits which has not been paid within

17-31  5 years after being transferred to the account for unclaimed benefits

17-32  must be transferred to the judicial retirement fund.

17-33  2.  If, within 6 years after a check for benefits has been transferred

17-34  pursuant to subsection 1, any person appears and claims the money, the

17-35  claimant may file a petition in the district court for Carson City stating

17-36  the nature of his claim, with an appropriate prayer for the relief

17-37  demanded. A copy of the petition must be served upon the attorney

17-38  general before or at the time it is filed. Within 20 days after service, the

17-39  attorney general shall appear in the proceeding and respond to the

17-40  petition. If, after examining all the facts, the attorney general is

17-41  convinced that the system has no legal defense against the petition, he

17-42  may, with the consent of the court, confess judgment on behalf of the

17-43  system.

17-44  3.  If judgment is not confessed, the petition must be considered at

17-45  issue on the 20th day after its filing, and may be heard by the court on

17-46  that day, or at such future day as the court may order. Upon the hearing,

17-47  the court shall examine into the claim and hear the allegations and

17-48  proofs. If the court finds that the claimant is entitled to any money

17-49  transferred pursuant to subsection 1 to the judicial retirement fund, it

18-1  shall order the board to pay the money forthwith to the claimant, but

18-2  without interest or cost to the board.

18-3    4.  All persons, except minors and persons of unsound mind, who fail

18-4  to appear and file their petitions within the time limited in subsection 1

18-5  are forever barred. Minors and persons of unsound mind may appear

18-6  and file their petitions at any time within 5 years after their respective

18-7  disabilities are removed.

18-8    Sec. 50.  As used in sections 50 to 60, inclusive, of this act, unless the

18-9  context otherwise requires, the words and terms defined in sections 51,

18-10  52 and 53 of this act have the meanings ascribed to them in those

18-11  sections.

18-12  Sec. 51.  “Child” means an unmarried person under 18 years of age

18-13  who is the issue or legally adopted child of a deceased member of the

18-14  judicial retirement plan. As used in this section, “issue” means the

18-15  progeny or biological offspring of the deceased member.

18-16  Sec. 52.  “Dependent parent” means the surviving parent of a

18-17  deceased member of the judicial retirement plan who was dependent

18-18  upon the deceased member for at least 50 percent of his support for at

18-19  least 6 months immediately preceding the death of the deceased member.

18-20  Sec. 53.  “Spouse” means the surviving husband or wife of a

18-21  deceased member of the judicial retirement plan.

18-22  Sec. 54.  1.  Except as otherwise provided in subsection 3, if a

18-23  deceased member of the judicial retirement plan had 2 years of creditable

18-24  service in the 2 1/2 years immediately preceding his death, or if the

18-25  employee had 10 or more years of creditable service, certain of his

18-26  dependents are eligible for payments as provided in sections 50 to 60,

18-27  inclusive, of this act. If the death of the member resulted from a mental

18-28  or physical condition which required him to leave his position as a justice

18-29  of the supreme court or district judge or go on leave without pay,

18-30  eligibility pursuant to the provisions of this section extends for 18 months

18-31  after his termination or commencement of leave without pay.

18-32  2.  If the death of a member of the judicial retirement plan occurs

18-33  while he is on leave of absence for further training and if he met the

18-34  requirements of subsection 1 at the time his leave began, certain of his

18-35  dependents are eligible for payments as provided in subsection 1.

18-36  3.  If the death of a member of the judicial retirement plan is caused

18-37  by an occupational disease or an accident arising out of and in the

18-38  course of his employment, no prior creditable service is required to make

18-39  his dependents eligible for payments pursuant to sections 50 to 60,

18-40  inclusive, of this act, except that this subsection does not apply to an

18-41  accident occurring while the member is traveling between his home and

18-42  his principal place of employment.

18-43  4.  As used in this section, “dependent” includes a survivor

18-44  beneficiary designated pursuant to section 57.2 of this act.

18-45  Sec. 55.  1.  Each child of a deceased member of the judicial

18-46  retirement plan is entitled to receive a cumulative benefit of at least $400

18-47  per month, beginning on the first day of the month following the

18-48  member’s death.

19-1    2.  Except as otherwise provided in subsections 3 and 4, payments to

19-2  any child cease on the last day of the month of:

19-3    (a) His adoption;

19-4    (b) His death;

19-5    (c) His marriage; or

19-6    (d) His attaining the age of 18 years.

19-7    3.  These benefits may be paid to the child of a deceased member of

19-8  the judicial retirement plan until the last day of the month of his 23rd

19-9  birthday if he was, at the time of the member’s death, and continues

19-10  thereafter to be, a full-time student in any accredited:

19-11  (a) High school;

19-12  (b) Vocational or technical school; or

19-13  (c) College or university.

19-14  4.  These benefits may be commenced or extended indefinitely beyond

19-15  a child’s 18th birthday if and so long as he is determined by the system to

19-16  be:

19-17  (a) Financially dependent; and

19-18  (b) Physically or mentally incompetent.

19-19  5.  All benefits under this section may be paid by the system to the

19-20  child’s:

19-21  (a) Surviving parent; or

19-22  (b) Legal guardian.

19-23  6.  The board shall establish uniform standards and procedures for

19-24  determining whether a child is:

19-25  (a) A full-time student;

19-26  (b) Financially dependent; and

19-27  (c) Physically or mentally incompetent.

19-28  Sec. 56. 1.  The spouse of a deceased member of the judicial

19-29  retirement plan is entitled to receive a cumulative benefit of at least $450

19-30  per month. The payments must begin on the first day of the month

19-31  immediately following the death of the member and must cease on the

19-32  last day of the month in which the spouse dies.

19-33  2.  The benefits paid pursuant to this section are in addition to any

19-34  benefits paid pursuant to section 55 of this act.

19-35  Sec. 57.  1.  The spouse of a deceased member of the judicial

19-36  retirement plan who had 10 or more years of creditable service is entitled

19-37  to receive a monthly allowance equivalent to that provided by:

19-38  (a) Option 3 in section 38 of this act, if the deceased member had less

19-39  than 15 years of service on the date of his death; or

19-40  (b) Option 2 in section 38 of this act, if the deceased member had

19-41  more than 15 or more years of service on the date of his death.

19-42  To apply the provisions of Options 2 and 3, the deceased member shall be

19-43  deemed to have retired on the date of his death immediately after having

19-44  named the spouse as beneficiary under the applicable option. This

19-45  benefit must be computed without any reduction for age for the deceased

19-46  member. The benefits provided by this subsection must be paid to the

19-47  spouse for the remainder of the spouse’s life.

19-48  2.  The spouse may elect to receive the benefits provided by any one of

19-49  the following only:

20-1  (a) This section; or

20-2  (b) Section 56 of this act.

20-3  Sec. 57.2.  An unmarried member of the judicial retirement plan may

20-4  designate, in writing, a survivor beneficiary to receive the payments

20-5  provided pursuant to section 57.4, 57.6 or 57.8 of this act if the member

20-6  is unmarried on the date of his death. A designation pursuant to this

20-7  section must be made on a form approved by the executive officer of the

20-8  board.

20-9  Sec. 57.4.  1.  The survivor beneficiary of a deceased member of the

20-10  judicial retirement plan is entitled to receive a cumulative benefit of at

20-11  least $450 per month. The payments must begin on the first day of the

20-12  month immediately following the death of the member and must cease on

20-13  the last day of the month in which the survivor beneficiary dies.

20-14  2.  The benefits paid pursuant to this section are in addition to any

20-15  benefits paid pursuant to section 55 of this act.

20-16  3.  As used in this section, “survivor beneficiary” means a person

20-17  designated pursuant to section 57.2 of this act.

20-18  Sec. 57.6.  1.  The survivor beneficiary of a deceased member of the

20-19  judicial retirement plan who had 10 or more years of creditable service is

20-20  entitled to receive a monthly allowance equivalent to that provided by:

20-21  (a) Option 3 in section 38 of this act, if the deceased member had less

20-22  than 15 years of service on the date of his death; or

20-23  (b) Option 2 in section 38 of this act, if the deceased member had 15

20-24  or more years of service on the date of his death.

20-25  To apply the provisions of Options 2 and 3, the deceased member shall be

20-26  deemed to have retired on the date of his death immediately after having

20-27  named the survivor beneficiary as beneficiary pursuant to the applicable

20-28  option. This benefit must be computed without any reduction for age for

20-29  the deceased member. The benefits provided by this subsection must be

20-30  paid to the survivor beneficiary for the remainder of the life of the

20-31  survivor beneficiary.

20-32  2.  The survivor beneficiary may elect to receive the benefits provided

20-33  by any one of the following only:

20-34  (a) This section; or

20-35  (b) Section 57.4 of this act.

20-36  3.  As used in this section, “survivor beneficiary” means a person

20-37  designated pursuant to section 57.2 of this act.

20-38  Sec. 57.8.  1.  The survivor beneficiary of a deceased member of the

20-39  judicial retirement plan who was fully eligible to retire, both as to service

20-40  and age, is entitled to receive a monthly allowance equivalent to that

20-41  provided by Option 2 in section 38 of this act. This section does not apply

20-42  to the survivor beneficiary of a member who was eligible to retire only

20-43  pursuant to subsection 2 of section 29 of this act. For the purposes of

20-44  applying the provisions of Option 2, the deceased member shall be

20-45  deemed to have retired on the date of his death immediately after having

20-46  named the survivor beneficiary as beneficiary pursuant to Option 2. The

20-47  benefits provided by this section must be paid to the survivor beneficiary

20-48  for the remainder of the life of the survivor beneficiary. The survivor

21-1  beneficiary may elect to receive the benefits provided by any one of the

21-2  following only:

21-3  (a) This section;

21-4  (b) Section 57.4 of this act; or

21-5  (c) Section 57.6 of this act.

21-6  2.  As used in this section, “survivor beneficiary” means a person

21-7  designated pursuant to section 57.2 of this act.

21-8  Sec. 58. The spouse of a deceased member of the judicial retirement

21-9  plan who was fully eligible to retire, both as to service and age, is entitled

21-10  to receive a monthly allowance equivalent to that provided by Option 2 in

21-11  section 38 of this act. This section does not apply to the spouse of a

21-12  member who was eligible to retire only under subsection 2 of section 29

21-13  of this act. For the purposes of applying the provisions of Option 2, the

21-14  deceased member shall be deemed to have retired on the date of his death

21-15  immediately after having named the spouse as beneficiary under Option

21-16  2. The benefits provided by this section must be paid to the spouse for the

21-17  remainder of the spouse’s life. The spouse may elect to receive the

21-18  benefits provided by any one of the following only:

21-19  1.  This section;

21-20  2.  Section 56 of this act; or

21-21  3.  Section 57 of this act.

21-22  Sec. 59. If payments are not made pursuant to the provisions of

21-23  section 55, 56, 57, 57.4 or 57.6 of this act, the dependent parent of a

21-24  deceased member of the judicial retirement plan is entitled to receive a

21-25  cumulative benefit of at least $400 per month, and if there are two

21-26  dependent parents, each is entitled to receive a cumulative benefit of at

21-27  least $400 per month. Payments to any parent pursuant to this section

21-28  must cease upon the death of that parent.

21-29  Sec. 60.  The amount of each monthly allowance paid as specified in

21-30  sections 55 to 59, inclusive, of this act must not exceed the deceased

21-31  member of the judicial retirement plan’s average compensation and must

21-32  be reduced by the amount of any other benefit received from any source:

21-33  1.  If that benefit was provided or purchased by the expenditure of

21-34  money by this state, except for lump-sum payments under a group

21-35  insurance program; and

21-36  2.  To the extent that the total of the allowance and the other benefit

21-37  would otherwise exceed the deceased member’s average compensation.

21-38  Sec. 61. 1.  The retirement allowance for a member of the judicial

21-39  retirement plan becomes vested on the date that the member completes 5

21-40  years of creditable service.

21-41  2.  Benefits for survivors offered pursuant to this chapter become

21-42  vested on the date that the member of the judicial retirement plan

21-43  completes 10 years of creditable service or becomes entitled to begin

21-44  receiving benefits or on the date of his death, whichever event occurs

21-45  first.

21-46  3.  Unless otherwise specifically provided by law, any change in the

21-47  provisions of this chapter is retroactive for all service of any member of

21-48  the judicial retirement plan before the date of vesting, but no change may

21-49  impair any vested allowance or benefit.

22-1  4.  Upon the termination or partial termination of the system, all

22-2  accrued benefits that are funded become 100 percent vested and

22-3  nonforfeitable.

22-4  Sec. 62.  A person who knowingly makes a false statement, certifies

22-5  to an incorrect document or withholds information for the purpose of

22-6  receiving or assisting another person in receiving benefits under this

22-7  chapter to which he is not entitled is guilty of a gross misdemeanor.

22-8  Sec. 63.  NRS 1.365 is hereby amended to read as follows:

22-9  1.365  1.  All of the following claims must be submitted to the [court

22-10  administrator,] executive officer of the public employees’ retirement

22-11  board who shall [act as administrative officer in processing] process the

22-12  claims:

22-13  [1.] (a) Claims of justices of the supreme court pursuant to NRS [2.050

22-14  and 2.060.

22-15  2.] 2.060.

22-16  (b) Claims pursuant to NRS 2.070 and section 15 of Senate Bill No.

22-17  349 of this [act.

22-18  3.] session.

22-19  (c) Claims of judges of the district courts pursuant to NRS [3.030 and

22-20  3.090.

22-21  4.] 3.090.

22-22  (d) Claims pursuant to NRS 3.095 and section 16 of Senate Bill No.

22-23  349 of this [act.] session.

22-24  2.  The following claims must be submitted to the court administrator,

22-25  who shall act as administrative officer in processing the claims:

22-26  (a) Claims of justices of the supreme court under NRS 2.050.

22-27  (b) Claims of judges of the district courts under NRS 3.030.

22-28  Sec. 64.  Chapter 2 of NRS is hereby amended by adding thereto a new

22-29  section to read as follows:

22-30  The provisions of NRS 2.060 to 2.075, inclusive, and section 15 of

22-31  Senate Bill No. 349 of this session:

22-32  1.  Apply only to a justice of the supreme court or a surviving spouse

22-33  or surviving child of a justice of the supreme court who served as a

22-34  justice of the supreme court or district judge before November 5, 2002;

22-35  2.  Are administered by the public employees’ retirement board

22-36  pursuant to section 11 of this act; and

22-37  3.  Are part of the judicial retirement system established pursuant to

22-38  section 11 of this act.

22-39  Sec. 65.  NRS 2.060 is hereby amended to read as follows:

22-40  2.060  1.  Any justice of the supreme court who has served as a justice

22-41  or judge of a district court in any one or more of those courts for a period

22-42  or periods aggregating 22 years and has ended such service is, after

22-43  reaching the age of 60 years, entitled to receive annually from the State of

22-44  Nevada, as a pension during the remainder of his life, a sum of money

22-45  equal in amount to three-fourths the sum received as a salary for his

22-46  judicial services during the last year thereof, payable [every 2 weeks from

22-47  money provided by direct legislative appropriation.] monthly from the

22-48  judicial retirement fund established pursuant to section 13 of this act.

23-1  2.  Any justice of the supreme court who has served as a justice or

23-2  judge of a district court in any one or more of those courts for a period or

23-3  periods aggregating 5 years and has ended such service is, after reaching

23-4  the age of 60 years, entitled to receive annually from the State of Nevada,

23-5  as a pension during the remainder of his life, a sum of money equal in

23-6  amount to 4.1666 percent of the sum received as a salary for his judicial

23-7  services during the last year thereof, payable [every 2 weeks from money

23-8  provided by direct legislative appropriation.] monthly from the judicial

23-9  retirement fund established pursuant to section 13 of this act.

23-10  3.  Any justice of the supreme court who qualifies for a pension under

23-11  the provisions of subsection 2 is entitled to receive, for each year served

23-12  beyond 5 years up to a maximum of 22 years, an additional 4.1666 percent

23-13  of the sum received as a salary for his judicial services during the last year

23-14  thereof, payable as provided in subsection 2.

23-15  4.  Any justice who has retired pursuant to subsection 3 and is

23-16  thereafter recalled to additional active service in the court system is entitled

23-17  to receive credit toward accumulating 22 years’ service for the maximum

23-18  pension based upon the time he actually spends in the additional active

23-19  service.

23-20  5.  Any justice who has the years of service necessary to retire but has

23-21  not attained the required age may retire at any age with a benefit actuarially

23-22  reduced to the required retirement age. A benefit under this subsection

23-23  must be reduced in the same manner as benefits are reduced for persons

23-24  retired under the public employees’ retirement system.

23-25  6.  Any person receiving a pension pursuant to the provisions of this

23-26  section is entitled to receive post-retirement increases equal to those

23-27  provided for persons retired under the public employees’ retirement

23-28  system.

23-29  7.  Any justice who desires to receive the benefits of this section must

23-30  file with the [state controller and the state treasurer] executive officer of

23-31  the public employees’ retirement board an affidavit setting forth the fact

23-32  that he is ending his service, the date and place of his birth, and the years

23-33  he has served in any district court or the supreme court.

23-34  8.  [Upon such notice and filing of the affidavit, the state controller

23-35  shall draw his warrant, payable to the justice who has thus ended his

23-36  service, upon the state treasurer for the sum due to him, and the state

23-37  treasurer shall pay the sum out of money provided by direct legislative

23-38  appropriation.

23-39  9.] The faith of the State of Nevada is hereby pledged that this section

23-40  shall not be repealed or amended so as to affect any justice who may have

23-41  ended his service pursuant to it.

23-42  Sec. 66.  NRS 2.065 is hereby amended to read as follows:

23-43  2.065  1.  A justice of the supreme court who has served as a justice or

23-44  as a district judge in any one or more courts for a period or periods

23-45  aggregating 5 years or more and who becomes permanently incapacitated,

23-46  physically or mentally, to perform the duties of his office may retire from

23-47  office regardless of age.

23-48  2.  Any justice who retires pursuant to the provisions of subsection 1 or

23-49  who is retired because of advanced age or mental or physical disability

24-1  pursuant to section 21 of article 6 of the constitution of the State of Nevada

24-2  is entitled to receive annually from the State of Nevada, as a pension

24-3  during the remainder of his life, the same pension he would receive under

24-4  NRS 2.060 based on his years of service, but without regard to his age.

24-5  3.  Any justice, or his guardian on his behalf if he is unable to act, who

24-6  desires to retire voluntarily must give notice in writing to the governor. The

24-7  governor shall appoint three physicians licensed to practice medicine in the

24-8  State of Nevada to examine the justice and report the results to the

24-9  governor in writing. If a majority of the physicians is of the opinion that

24-10  the justice is permanently incapacitated, physically or mentally, the

24-11  governor shall approve the retirement. The justice or his guardian must file

24-12  with the [state controller and state treasurer] executive officer of the public

24-13  employees’ retirement board an affidavit setting forth the fact of his

24-14  retirement and the years he has served in either or both of such courts.

24-15  4.  Pensions payable pursuant to this section must be paid in the same

24-16  manner as pensions are payable under NRS 2.060. Fees and expenses of

24-17  physicians appointed pursuant to this section must be paid out of funds

24-18  [provided by direct legislative appropriation.] from the judicial retirement

24-19  administrative fund established pursuant to section 14 of this act.

24-20  5.  The faith of the State of Nevada is hereby pledged that this section

24-21  will not be repealed or amended so as to affect adversely any justice who

24-22  may have retired or been retired pursuant to its provisions.

24-23  Sec. 67.  NRS 2.070 is hereby amended to read as follows:

24-24  2.070  1.  If a justice of the supreme court at the time of his death had

24-25  retired and was then receiving a pension under the provisions of NRS

24-26  2.060, or if at the time of his death the justice had not retired but had

24-27  performed sufficient service for retirement under the provisions of NRS

24-28  2.060, the surviving spouse, if the spouse has attained the age of 60 years,

24-29  is entitled, until his death or remarriage, to receive monthly payments of

24-30  $2,500 per month.

24-31  2.  If a surviving spouse of a justice is not eligible to receive benefits

24-32  pursuant to subsection 1, he is entitled, until his death or remarriage or

24-33  until he becomes eligible to receive those benefits, to receive payments

24-34  equal in amount to the payment provided in subsection 1 of NRS 286.674

24-35  for the spouse of a deceased member of the public employees’ retirement

24-36  system.

24-37  3.  To obtain these benefits, the surviving spouse must make

24-38  application to the [board, commission or authority entrusted with the

24-39  administration of the judges’ pensions] executive officer of the public

24-40  employees’ retirement board and furnish such information as may be

24-41  required pursuant to reasonable regulations adopted for the purpose of

24-42  carrying out the intent of this section.

24-43  4.  Any person receiving a benefit pursuant to the provisions of this

24-44  section is entitled to receive post-retirement increases equal to those

24-45  provided for persons retired under the public employees’ retirement

24-46  system.

24-47  5.  It is the intent of this section that no special fund be created for the

24-48  purpose of paying these benefits, and all payments made under the

24-49  provisions of this section are to be made out of and charged to [any fund

25-1  created for the purpose of paying pension benefits to justices of the

25-2  supreme court.] the judicial retirement fund established pursuant to

25-3  section 13 of this act.

25-4  Sec. 68.  NRS 2.075 is hereby amended to read as follows:

25-5  2.075  1.  Each child of a deceased justice of the supreme court is

25-6  entitled to receive payments equal in amount to the payments provided in

25-7  NRS 286.673 for the child of a deceased member of the public employees’

25-8  retirement system.

25-9  2.  In determining whether a child is a full-time student or financially

25-10  dependent and physically or mentally incompetent, as provided in NRS

25-11  286.673, the [court administrator] executive officer of the public

25-12  employees’ retirement board shall use any applicable standards and

25-13  procedures established by the public employees’ retirement board.

25-14  3.  It is the intent of this section that no special fund be created for the

25-15  payment of benefits, and all payments made under the provisions of this

25-16  section are to be made out of and charged to [any fund created for the

25-17  purpose of paying pension benefits to justices of the supreme court.] the

25-18  judicial retirement fund established pursuant to section 13 of this act.

25-19  Sec. 69.  Chapter 3 of NRS is hereby amended by adding thereto a new

25-20  section to read as follows:

25-21  The provisions of NRS 3.090 to 3.097, inclusive, and section 16 of

25-22  Senate Bill No. 349 of this session.

25-23  1.  Apply only to a district judge or a surviving spouse or surviving

25-24  child of a district judge who served as a justice of the supreme court or

25-25  district judge before November 5, 2002;

25-26  2.  Are administered by the public employees’ retirement board

25-27  pursuant to section 11 of this act; and

25-28  3.  Are part of the judicial retirement system established pursuant to

25-29  section 11 of this act.

25-30  Sec. 70.  NRS 3.090 is hereby amended to read as follows:

25-31  3.090  1.  Any judge of the district court who has served as a justice of

25-32  the supreme court or judge of a district court in any one or more of those

25-33  courts for a period or periods aggregating 22 years and has ended such

25-34  service is, after reaching the age of 60 years, entitled to receive annually

25-35  from the State of Nevada, as a pension during the remainder of his life, a

25-36  sum of money equal in amount to three-fourths the sum received as a

25-37  salary for his judicial services during the last year thereof, payable [every 2

25-38  weeks from money provided by direct legislative appropriation.] monthly

25-39  from the judicial retirement fund established pursuant to section 13 of

25-40  this act.

25-41  2.  Any judge of the district court who has served as a justice of the

25-42  supreme court or judge of a district court in any one or more of those

25-43  courts for a period or periods aggregating 5 years and has ended such

25-44  service is, after reaching the age of 60 years, entitled to receive annually

25-45  from the State of Nevada, as a pension during the remainder of his life, a

25-46  sum of money equal in amount to 4.1666 percent of the sum received as a

25-47  salary for his judicial services during the last year thereof, payable [every 2

25-48  weeks from money provided by direct legislative appropriation.] monthly

26-1  from the judicial retirement fund established pursuant to section 13 of

26-2  this act.

26-3  3.  Any judge of the district court who qualifies for a pension under the

26-4  provisions of subsection 2 is entitled to receive, for each year served

26-5  beyond 5 years up to a maximum of 22 years, an additional 4.1666 percent

26-6  of the sum received as a salary for his judicial services during the last year

26-7  thereof, payable as provided in subsection 2.

26-8  4.  Any judge who has retired pursuant to subsection 3 and is thereafter

26-9  recalled to additional active service in the court system is entitled to

26-10  receive credit toward accumulating 22 years’ service for the maximum

26-11  pension based upon the time he actually spends in the additional active

26-12  service.

26-13  5.  Any district judge who has the years of service necessary to retire

26-14  but has not attained the required age may retire at any age with a benefit

26-15  actuarially reduced to the required retirement age. A retirement benefit

26-16  under this subsection must be reduced in the same manner as benefits are

26-17  reduced for persons retired under the public employees’ retirement system.

26-18  6.  Any person receiving a pension pursuant to the provisions of this

26-19  section is entitled to receive post-retirement increases equal to those

26-20  provided for persons retired in the public employees’ retirement system.

26-21  7.  Any judge of the district court who desires to receive the benefits of

26-22  this section must file with the [state controller and the state treasurer]

26-23  executive officer of the public employees’ retirement board an affidavit

26-24  setting forth the fact that he is ending his service, the date and place of his

26-25  birth, and the years he has served in any district court or the supreme court.

26-26  8.  [Upon such notice and filing of the affidavit, the state controller

26-27  shall draw his warrant, payable to the judge who has thus ended his

26-28  service, upon the state treasurer for the sum due to him, and the state

26-29  treasurer shall pay the sum out of money provided by direct legislative

26-30  appropriation.

26-31  9.] The faith of the State of Nevada is hereby pledged that this section

26-32  shall not be repealed or amended so as to affect any judge of the district

26-33  court who may have ended his service pursuant to it.

26-34  Sec. 71.  NRS 3.092 is hereby amended to read as follows:

26-35  3.092  1.  A district judge who has served as a district judge or as a

26-36  justice of the supreme court in any one or more courts for a period or

26-37  periods aggregating 5 years or more and who becomes permanently

26-38  incapacitated, physically or mentally, to perform the duties of his office

26-39  may retire from office regardless of age.

26-40  2.  Any district judge who retires pursuant to the provisions of

26-41  subsection 1 or who is retired because of advanced age or physical or

26-42  mental disability pursuant to section 21 of article 6 of the constitution of

26-43  the State of Nevada is entitled to receive annually from the State of

26-44  Nevada, a pension for the remainder of his life, the same pension he would

26-45  receive under NRS 3.090 based on his years of service but without regard

26-46  to his age.

26-47  3.  Any judge, or his guardian on his behalf if he is unable to act, who

26-48  desires to retire voluntarily must give notice in writing to the governor. The

26-49  governor shall appoint three physicians licensed to practice medicine in the

27-1  State of Nevada to examine the judge and report the results to the governor

27-2  in writing. If a majority of the physicians is of the opinion that the judge is

27-3  permanently incapacitated, physically or mentally, the governor shall

27-4  approve the retirement. The judge or his guardian must file with the [state

27-5  controller and the state treasurer] executive officer of the public

27-6  employees’ retirement board an affidavit setting forth the fact of his

27-7  retirement and the years he has served in either or both of such courts.

27-8  4.  Pensions payable pursuant to this section must be paid in the same

27-9  manner as pensions payable under NRS 3.090. Fees and expenses of

27-10  physicians appointed pursuant to this section must be paid [out of funds

27-11  provided by direct legislative appropriation.] from the judicial retirement

27-12  administrative fund established pursuant to section 14 of this act.

27-13  5.  The faith of the State of Nevada is hereby pledged that this section

27-14  will not be repealed or amended so as to affect adversely any judge who

27-15  may have retired or been retired pursuant to its provisions.

27-16  Sec. 72.  NRS 3.095 is hereby amended to read as follows:

27-17  3.095  1.  If a district judge at the time of his death had retired and

27-18  was then receiving a pension under the provisions of NRS 3.090, or if at

27-19  the time of his death the judge had not retired but had performed sufficient

27-20  service for retirement under the provisions of NRS 3.090, the surviving

27-21  spouse, if the spouse has attained the age of 60 years, is entitled, until his

27-22  death or remarriage, to receive monthly payments of $2,500 per month.

27-23  2.  If a surviving spouse of a judge is not eligible to receive benefits

27-24  pursuant to subsection 1, he is entitled, until his death or remarriage or

27-25  until he becomes eligible to receive those benefits, to receive payments

27-26  equal in amount to the payment provided in subsection 1 of NRS 286.674

27-27  for the spouse of a deceased member of the public employees’ retirement

27-28  system.

27-29  3.  To obtain these benefits, the surviving spouse must make

27-30  application to the [board, commission or authority entrusted with the

27-31  administration of the judges’ pensions] executive officer of the public

27-32  employees’ retirement fund and furnish such information as may be

27-33  required pursuant to reasonable regulations adopted for the purpose of

27-34  carrying out the intent of this section.

27-35  4.  Any person receiving a benefit pursuant to the provisions of this

27-36  section is entitled to receive post-retirement increases equal to those

27-37  provided for persons retired under the public employees’ retirement

27-38  system.

27-39  5.  It is the intent of this section that no special fund be created for the

27-40  purpose of paying these benefits, and all payments made under the

27-41  provisions of this section are to be made out of and charged to [any fund

27-42  created for the purpose of paying pension benefits to district judges.] the

27-43  judicial retirement fund established pursuant to section 13 of this act.

27-44  Sec. 73.  NRS 3.097 is hereby amended to read as follows:

27-45  3.097  1.  Each child of a deceased district judge is entitled to receive

27-46  payments equal in amount to the payments provided in NRS 286.673 for

27-47  the child of a deceased member of the public employees’ retirement

27-48  system.

28-1  2.  In determining whether a child is a full-time student or financially

28-2  dependent and physically or mentally incompetent, as provided in NRS

28-3  286.673, the [court administrator] executive officer of the public

28-4  employees’ retirement board shall use any applicable standards and

28-5  procedures established by the public employees’ retirement board.

28-6  3.  It is the intent of this section that no special fund be created for the

28-7  payment of benefits, and all payments made under the provisions of this

28-8  section are to be made out of and charged to [any fund created for the

28-9  purpose of paying pension benefits to district judges.] the judicial

28-10  retirement fund established pursuant to section 13 of this act.

28-11  Sec. 74.  NRS 125.155 is hereby amended to read as follows:

28-12  125.155  Unless the action is contrary to a premarital agreement

28-13  between the parties which is enforceable pursuant to chapter 123A of NRS

28-14  or is prohibited by specific statute:

28-15  1.  In determining the value of an interest in or entitlement to a pension

28-16  or retirement benefit provided by the public employees’ retirement system

28-17  pursuant to chapter 286 of NRS[,] or the judicial retirement plan

28-18  established pursuant to section 24 of this act, the court:

28-19  (a) Shall base its determination upon the number of years or portion

28-20  thereof that the contributing party was employed and received the interest

28-21  or entitlement, beginning on the date of the marriage and ending on the

28-22  date on which a decree of legal separation or divorce is entered; and

28-23  (b) Shall not base its determination upon any estimated increase in the

28-24  value of the interest or entitlement resulting from a promotion, raise or any

28-25  other efforts made by the party who contributed to the interest or

28-26  entitlement as a result of his continued employment after the date of a

28-27  decree of legal separation or divorce.

28-28  2.  The court may, in making a disposition of a pension or retirement

28-29  benefit provided by the public employees’ retirement system[,] or the

28-30  judicial retirement plan, order that the benefit not be paid before the date

28-31  on which the participating party retires. To ensure that the party who is not

28-32  a participant will receive payment for the benefits, the court may:

28-33  (a) On its own motion or pursuant to an agreement of the parties,

28-34  require the participating party to furnish a performance or surety bond,

28-35  executed by the participating party as principal and by a corporation

28-36  qualified under the laws of this state as surety, made payable to the party

28-37  who is not a participant under the plan, and conditioned upon the payment

28-38  of the pension or retirement benefits. The bond must be in a principal sum

28-39  equal to the amount of the determined interest of the nonparticipating party

28-40  in the pension or retirement benefits and must be in a form prescribed by

28-41  the court.

28-42  (b) On its own motion or pursuant to an agreement of the parties,

28-43  require the participating party to purchase a policy of life insurance. The

28-44  amount payable under the policy must be equal to the determined interest

28-45  of the nonparticipating party in the pension or retirement benefits. The

28-46  nonparticipating party must be named as a beneficiary under the policy and

28-47  must remain a named beneficiary until the participating party retires.

28-48  (c) Pursuant to an agreement of the parties, increase the value of the

28-49  determined interest of the nonparticipating party in the pension or

29-1  retirement benefit as compensation for the delay in payment of the benefit

29-2  to that party.

29-3  (d) On its own motion or pursuant to an agreement of the parties, allow

29-4  the participating party to provide any other form of security which ensures

29-5  the payment of the determined interest of the nonparticipating party in the

29-6  pension or retirement benefit.

29-7  3.  If a party receives an interest in or an entitlement to a pension or

29-8  retirement benefit which the party would not otherwise have an interest in

29-9  or be entitled to if not for a disposition made pursuant to this section, the

29-10  interest or entitlement and any related obligation to pay that interest or

29-11  entitlement terminates upon the death of either party unless pursuant to:

29-12  (a) An agreement of the parties; or

29-13  (b) An order of the court,

29-14  a party who is a participant in the public employees’ retirement system or

29-15  the judicial retirement plan provides an alternative to an unmodified

29-16  service retirement allowance pursuant to NRS 286.590[.] or section 38 of

29-17  this act.

29-18  Sec. 75.  NRS 154.010 is hereby amended to read as follows:

29-19  154.010  An estate escheats to and is vested in the State of Nevada for

29-20  educational purposes if any person dies or has died, within this state, seised

29-21  of any real or personal estate, and leaving no heirs, representatives or

29-22  devisees capable of inheriting or holding the estate, and in all cases where

29-23  there is no owner of the estate capable of holding it. Any balance

29-24  remaining in a retired employee’s or beneficiary’s individual account under

29-25  the public employees’ retirement system or the judicial retirement system

29-26  established pursuant to sections 2 to 62, inclusive, of this act is not an

29-27  estate within the meaning of this chapter.

29-28  Sec. 76.  NRS 218.5373 is hereby amended to read as follows:

29-29  218.5373  1.  There is hereby created an interim retirement and

29-30  benefits committee of the legislature to review the operation of the public

29-31  employees’ retirement system , the judicial retirement system established

29-32  pursuant to sections 2 to 62, inclusive, of this act and the public

29-33  employees’ benefits program and to make recommendations to the public

29-34  employees’ retirement board and the board of the public employees’

29-35  benefits program, the legislative commission and the legislature. The

29-36  interim retirement and benefits committee consists of six members

29-37  appointed as follows:

29-38  (a) Three members of the senate, one of whom is the chairman of the

29-39  committee on finance during the preceding session and two of whom are

29-40  appointed by the majority leader of the senate.

29-41  (b) Three members of the assembly, one of whom is the chairman of the

29-42  committee on ways and means and two of whom are appointed by the

29-43  speaker of the assembly.

29-44  2.  The immediate past chairman of the senate standing committee on

29-45  finance is the chairman of the interim retirement and benefits committee

29-46  for the period ending with the convening of each odd-numbered session of

29-47  the legislature. The immediate past chairman of the assembly standing

29-48  committee on ways and means is the chairman of the interim retirement

29-49  and benefits committee during the next legislative interim, and the

30-1  chairmanship alternates between the houses of the legislature according to

30-2  this pattern.

30-3  3.  The interim retirement and benefits committee may exercise the

30-4  powers conferred on it by law only when the legislature is not in regular or

30-5  special session and shall meet at the call of the chairman.

30-6  4.  The director of the legislative counsel bureau shall provide a

30-7  secretary for the interim retirement and benefits committee.

30-8  5.  The members of the interim retirement and benefits committee are

30-9  entitled to receive the compensation provided for a majority of the

30-10  members of the legislature during the first 60 days of the preceding

30-11  session, the per diem allowance provided for state officers and employees

30-12  generally and the travel expenses provided by NRS 218.2207 for each day

30-13  of attendance at a meeting of the committee and while engaged in the

30-14  business of the committee. Per diem allowances, compensation and travel

30-15  expenses of the members of the committee must be paid from the

30-16  legislative fund.

30-17  Sec. 77.  NRS 286.230 is hereby amended to read as follows:

30-18  286.230  1.  The board shall establish a fund known as the public

30-19  employees’ retirement administrative fund in which must be deposited all

30-20  administrative fees.

30-21  2.  The board shall fix an administrative fee per capita sufficient to pay

30-22  the operating expense of the system. Except as otherwise provided by NRS

30-23  218.23745[,] and section 14 of this act, the system shall transfer monthly

30-24  from the respective retirement funds to the public employees’ retirement

30-25  administrative fund the amount of the per capita fee multiplied by the

30-26  combined number of members and persons receiving allowances from that

30-27  fund.

30-28  3.  The board may establish a separate and additional administrative fee

30-29  for police officers and firemen and their public employers to pay the

30-30  additional expense of maintaining a separate fund and to pay the actual and

30-31  necessary travel expenses and other expenses, within the limits established

30-32  by the board, for meetings of the police and firemen’s retirement fund

30-33  advisory committee.

30-34  Sec. 78.  NRS 287.023 is hereby amended to read as follows:

30-35  287.023  1.  Whenever an officer or employee of the governing body

30-36  of any county, school district, municipal corporation, political subdivision,

30-37  public corporation or other public agency of the State of Nevada retires

30-38  under the conditions set forth in NRS 286.510 or 286.620 or section 29 or

30-39  42 of this act and, at the time of his retirement, was covered or had his

30-40  dependents covered by any group insurance or medical and hospital service

30-41  established pursuant to NRS 287.010 and 287.020, the officer or employee

30-42  has the option upon retirement to cancel or continue any such group

30-43  insurance or medical and hospital service coverage or join the public

30-44  employees’ benefits program to the extent that such coverage is not

30-45  provided to him or a dependent by the Health Insurance for the Aged Act,

30-46  42 U.S.C. §§ 1395 et seq.

30-47  2.  A retired person who continues coverage under the public

30-48  employees’ benefits program shall assume the portion of the premium or

30-49  membership costs for the coverage continued which the governing body

31-1  does not pay on behalf of retired officers or employees. A person who joins

31-2  the public employees’ benefits program for the first time upon retirement

31-3  shall assume all costs for the coverage. A dependent of such a retired

31-4  person has the option, which may be exercised to the same extent and in

31-5  the same manner as the retired person, to cancel or continue coverage in

31-6  effect on the date the retired person dies. The dependent is not required to

31-7  continue to receive retirement payments from the public employees’

31-8  retirement system to continue coverage.

31-9    3.  Except as otherwise provided in NRS 287.0235, notice of the

31-10  selection of the option must be given in writing to the last public employer

31-11  of the officer or employee within 60 days after the date of retirement or

31-12  death, as the case may be. If no notice is given by that date, the retired

31-13  employee and his dependents shall be deemed to have selected the option

31-14  to cancel the coverage or not to join the public employees’ benefits

31-15  program, as the case may be.

31-16  4.  The governing body of any county, school district, municipal

31-17  corporation, political subdivision, public corporation or other public

31-18  agency of this state may pay the cost, or any part of the cost, of group

31-19  insurance and medical and hospital service coverage for persons eligible

31-20  for that coverage pursuant to subsection 1, but it must not pay a greater

31-21  portion than it does for its current officers and employees.

31-22  Sec. 79.  NRS 287.0235 is hereby amended to read as follows:

31-23  287.0235  1.  Notwithstanding the provisions of NRS 287.023 and

31-24  287.045, a person or the surviving spouse of a person who did not, at the

31-25  time of his retirement pursuant to the conditions set forth in NRS 286.510

31-26  or 286.620, or section 29 or 42 of this act, have the option to participate in

31-27  the public employees’ benefits program may join the public employees’

31-28  benefits program, to the extent that such coverage is not provided to him or

31-29  a dependent by the Health Insurance for the Aged Act, 42 U.S.C. §§ 1395

31-30  et seq., by:

31-31  (a) Providing the public employees’ retirement board with written

31-32  notice of his intention to enroll in the public employees’ benefits program

31-33  during a period of open enrollment;

31-34  (b) Showing evidence of his good health as a condition of enrollment;

31-35  (c) Accepting the current plan of insurance of the public employees’

31-36  benefits program and any subsequent changes to the plan; and

31-37  (d) Paying any portion of the premiums or contributions for the program

31-38  in the manner set forth in NRS 286.615[,] or section 41 of this act, which

31-39  are due after the date of enrollment.

31-40  The public employees’ retirement board shall, beginning on September 1,

31-41  1997, have a biennial period of open enrollment between September 1 of

31-42  each odd-numbered year and January 31 of each even-numbered year

31-43  during which eligible retired persons may join the public employees’

31-44  benefits program pursuant to this section.

31-45  2.  The public employees’ retirement board shall, on or before

31-46  September 1, 1997, and every September 1 of each odd-numbered year

31-47  thereafter, notify eligible retired persons described in subsection 1 of the

31-48  period of open enrollment by:

32-1    (a) Mailing a notice regarding the period of open enrollment to all

32-2  retired persons who are, according to its records, eligible to join the public

32-3  employees’ benefits program;

32-4    (b) Posting a notice of the period of open enrollment at its principal

32-5  office and at least three other separate prominent places, such as a library,

32-6  community center or courthouse; and

32-7    (c) Publicizing the period of open enrollment in any other manner

32-8  reasonably calculated to inform additional eligible retired persons.

32-9    3.  The public employees’ retirement board shall notify the board of the

32-10  public employees’ benefits program of the enrollment of any person on or

32-11  before March 1 immediately following the period of open enrollment. The

32-12  board of the public employees’ benefits program shall approve or

32-13  disapprove the request for enrollment within 90 days after receipt of the

32-14  request. Enrollment shall be deemed to occur on the day the request is

32-15  approved.

32-16  4.  Enrollment in the public employees’ benefits program pursuant to

32-17  this section excludes claims for expenses for any condition for which

32-18  medical advice, treatment or consultation was rendered within 12 months

32-19  before enrollment unless:

32-20  (a) The person has not received any medical advice, treatment or

32-21  consultation for a period of 6 consecutive months after enrollment; or

32-22  (b) The insurance coverage has been in effect more than 12 consecutive

32-23  months.

32-24  Sec. 80.  NRS 287.045 is hereby amended to read as follows:

32-25  287.045  1.  Except as otherwise provided in this section, every officer

32-26  or employee of the state is eligible to participate in the program on the first

32-27  day of the month following the completion of 90 days of full-time

32-28  employment.

32-29  2.  Professional employees of the University and Community College

32-30  System of Nevada who have annual employment contracts are eligible to

32-31  participate in the program on:

32-32  (a) The effective dates of their respective employment contracts, if

32-33  those dates are on the first day of a month; or

32-34  (b) The first day of the month following the effective dates of their

32-35  respective employment contracts, if those dates are not on the first day of a

32-36  month.

32-37  3.  Every officer or employee who is employed by a participating

32-38  public agency on a permanent and full-time basis on the date the agency

32-39  enters into an agreement to participate in the program, and every officer or

32-40  employee who commences his employment after that date, is eligible to

32-41  participate in the program on the first day of the month following the

32-42  completion of 90 days of full-time employment.

32-43  4.  Every senator and assemblyman is eligible to participate in the

32-44  program on the first day of the month following the 90th day after his

32-45  initial term of office begins.

32-46  5.  An officer or employee of the governing body of any county, school

32-47  district, municipal corporation, political subdivision, public corporation or

32-48  other public agency of the State of Nevada who retires under the conditions

32-49  set forth in NRS 286.510 or 286.620 or section 29 or 42 of this act and

33-1  was not participating in the program at the time of his retirement is eligible

33-2  to participate in the program 60 days after notice of the selection to

33-3  participate is given pursuant to NRS 287.023 or 287.0235. The board shall

33-4  make a separate accounting for these retired persons. For the first year

33-5  following enrollment, the rates charged must be the full actuarial costs

33-6  determined by the actuary based upon the expected claims experience with

33-7  these retired persons. The claims experience of these retired persons must

33-8  not be commingled with the retired persons who were members of the

33-9  program before their retirement, nor with active employees of the state.

33-10  After the first year following enrollment, the rates charged must be the full

33-11  actuarial costs determined by the actuary based upon the past claims

33-12  experience of these retired persons since enrolling.

33-13  6.  Notwithstanding the provisions of subsections 1, 3 and 4, if the

33-14  board does not, pursuant to NRS 689B.580, elect to exclude the program

33-15  from compliance with NRS 689B.340 to 689B.600, inclusive, and section 3

33-16  of Assembly Bill No. 452 of this [act] session and if the coverage under the

33-17  program is provided by a health maintenance organization authorized to

33-18  transact insurance in this state pursuant to chapter 695C of NRS, any

33-19  affiliation period imposed by the program may not exceed the statutory

33-20  limit for an affiliation period set forth in NRS 689B.500.

33-21  Sec. 81.  NRS 287.046 is hereby amended to read as follows:

33-22  287.046  1.  Except as otherwise provided in subsection 6, any state or

33-23  other participating officer or employee who elects to participate in the

33-24  program may participate, and the department, agency, commission or

33-25  public agency that employs the officer or employee shall pay the state’s

33-26  share of the cost of the premiums or contributions for the program from

33-27  money appropriated or authorized as provided in NRS 287.044. Employees

33-28  who elect to participate in the program must authorize deductions from

33-29  their compensation for the payment of premiums or contributions for the

33-30  program.

33-31  2.  The department of personnel shall pay a percentage of the base

33-32  amount provided by law for that fiscal year toward the cost of the

33-33  premiums or contributions for the program for persons retired from the

33-34  service of the state who have continued to participate in the program.

33-35  Except as otherwise provided in subsection 3, the percentage to be paid

33-36  must be calculated as follows:

33-37  (a) For those persons who retire before January 1, 1994, 100 percent of

33-38  the base amount provided by law for that fiscal year.

33-39  (b) For those persons who retire on or after January 1, 1994, with at

33-40  least 5 years of state service, 25 percent plus an additional 7.5 percent for

33-41  each year of service in excess of 5 years to a maximum of 137.5 percent,

33-42  excluding service purchased pursuant to NRS 286.300[,] or section 25 of

33-43  this act, of the base amount provided by law for that fiscal year.

33-44  3.  If the amount calculated pursuant to subsection 2 exceeds the actual

33-45  premium or contribution for the plan of the program that the retired

33-46  participant selects, the balance must be credited to the fund for the public

33-47  employees’ benefits program created pursuant to NRS 287.0435.

33-48  4.  For the purposes of subsection 2:

34-1    (a) Credit for service must be calculated in the manner provided by

34-2  chapter 286 of NRS.

34-3    (b) No proration may be made for a partial year of service.

34-4    5.  The department shall agree through the board with the insurer for

34-5  billing of remaining premiums or contributions for the retired participant

34-6  and his dependents to the retired participant and to his dependents who

34-7  elect to continue coverage under the program after his death.

34-8    6.  A senator or assemblyman who elects to participate in the program

34-9  shall pay the entire premium or contribution for his insurance.

34-10  Sec. 82.  NRS 287.0475 is hereby amended to read as follows:

34-11  287.0475  1.  A public employee who has retired pursuant to NRS

34-12  286.510 or 286.620 or section 29 or 42 of this act, or a retirement program

34-13  provided pursuant to NRS 286.802, or the surviving spouse of such a

34-14  retired public employee who is deceased may, in any even-numbered year,

34-15  reinstate any insurance, except life insurance, which was provided to him

34-16  and his dependents at the time of his retirement pursuant to NRS 287.010

34-17  or 287.020 or the program as a public employee by:

34-18  (a) Giving written notice of his intent to reinstate the insurance to the

34-19  employee’s last public employer not later than January 31, of an even-

34-20  numbered year;

34-21  (b) Accepting the public employer’s current program or plan of

34-22  insurance and any subsequent changes thereto; and

34-23  (c) Paying any portion of the premiums or contributions of the public

34-24  employer’s program or plan of insurance, in the manner set forth in NRS

34-25  286.615[,] or section 41 of this act, which are due from the date of

34-26  reinstatement and not paid by the public employer.

34-27  The last public employer shall give the insurer notice of the reinstatement

34-28  no later than March 31, of the year in which the public employee or

34-29  surviving spouse gives notice of his intent to reinstate the insurance. The

34-30  insurer shall approve or disapprove the request for reinstatement within 90

34-31  days after the date of the request.

34-32  2.  Reinstatement of insurance excludes claims for expenses for any

34-33  condition for which medical advice, treatment or consultation was rendered

34-34  within 6 months before reinstatement unless:

34-35  (a) The person has not received any medical advice, treatment or

34-36  consultation for a period of 6 consecutive months after the reinstatement;

34-37  or

34-38  (b) The reinstated insurance has been in effect more than 12 consecutive

34-39  months.

34-40  Sec. 82.1.  Section 30 of this act is hereby amended to read as follows:

34-41  Sec. 30.  1.  Except as otherwise provided in subsection 4 and

34-42  [sections 31 and 31.5] section 31 of this act, if a retired justice or

34-43  judge accepts employment as a justice of the supreme court or district

34-44  judge in any judicial capacity, including, without limitation,

34-45  employment as a senior justice or senior judge of the Nevada court

34-46  system, he is disqualified from receiving any allowances under the

34-47  judicial retirement plan for the duration of his active service.

35-1    2.  If a retired justice or judge accepts any employment other than

35-2  that described in subsection 1, the justice or judge is entitled to the

35-3  same allowances as a retired justice or judge who has no employment.

35-4    3.  If a retired justice or judge who accepts employment as a

35-5  justice of the supreme court or district judge in a judicial capacity

35-6  pursuant to this section elects not to reenroll in the judicial retirement

35-7  plan pursuant to subsection 1 of section 31 of this act, the court

35-8  administrator may pay contributions on behalf of the retired justice or

35-9  judge to a retirement fund which is not a part of the judicial retirement

35-10  plan in an amount not to exceed the amount of the contributions that

35-11  the court administrator would pay to the system on behalf of a

35-12  participating justice or judge who is employed in a similar position.

35-13  4.  The system may waive for one period of 30 days or less a

35-14  retired justice’s or judge’s disqualification under this section if the

35-15  chief justice of the supreme court certifies in writing, in advance, that

35-16  the retired justice or judge is recalled to meet an emergency and that

35-17  no other qualified person is immediately available.

35-18  Sec. 82.2.  Section 4 of Senate Bill No. 349 of this session is hereby

35-19  amended to read as follows:

35-20  Sec. 4. 1.  Except as limited by subsection 3, the survivor

35-21  beneficiary of a deceased member who had 10 or more years of

35-22  accredited contributing service is entitled to receive a monthly

35-23  allowance equivalent to that provided by:

35-24  (a) Option 3 in NRS 286.590, if the deceased member had less

35-25  than 15 years of service on the date of his death; or

35-26  (b) Option 2 in NRS 286.590, if the deceased member had 15 or

35-27  more years of service on the date of his death.

35-28  To apply the provisions of Options 2 and 3, the deceased member

35-29  shall be deemed to have retired on the date of his death immediately

35-30  after having named the survivor beneficiary as beneficiary pursuant

35-31  to the applicable option. This benefit must be computed without any

35-32  reduction for age for the deceased member. The benefits provided by

35-33  this subsection must be paid to the survivor beneficiary for the

35-34  remainder of the life of the survivor beneficiary.

35-35  2.  The survivor beneficiary may elect to receive the benefits

35-36  provided by any one of the following only:

35-37  (a) This section;

35-38  (b) Section 3 of this act; or

35-39  (c) Section 6 of this act.

35-40  3.  The benefits provided by paragraph (a) of subsection 1 may

35-41  only be paid to the survivor beneficiary of a member who died on or

35-42  after January 1, 2002.

35-43  4.  As used in this section, “survivor beneficiary” means a

35-44  person designated pursuant to section 2 of this act.

35-45  Sec. 82.3.  Section 15 of Senate Bill No. 349 of this session is hereby

35-46  amended to read as follows:

35-47  Sec. 15. Chapter 2 of NRS is hereby amended by adding thereto

35-48  a new section to read as follows:

36-1    1.  An unmarried justice of the supreme court may designate, in

36-2  writing, a survivor beneficiary to receive the payments provided

36-3  pursuant to this section if the justice is unmarried on the date of his

36-4  death. A designation pursuant to this section must be made on a

36-5  form approved by the court administrator.

36-6    2.  If a justice of the supreme court at the time of his death had

36-7  retired and was then receiving a pension pursuant to the provisions

36-8  of NRS 2.060, or if at the time of his death the justice had not retired

36-9  but had performed sufficient service for retirement pursuant to the

36-10  provisions of NRS 2.060, the survivor beneficiary designated

36-11  pursuant to subsection 1, if the survivor beneficiary has attained the

36-12  age of 60 years, is entitled, until his death, to receive monthly

36-13  payments of $2,500 per month.

36-14  3.  If a survivor beneficiary of a justice is not eligible to receive

36-15  benefits pursuant to subsection 2, he is entitled, until his death or

36-16  until he becomes eligible to receive those benefits, to receive

36-17  payments equal in amount to the payment provided in subsection 1

36-18  of section 3 of this act for the survivor beneficiary of a deceased

36-19  member of the public employees’ retirement system.

36-20  4.  To obtain these benefits, the survivor beneficiary must make

36-21  application to the board, commission or authority entrusted with the

36-22  administration of the judges’ pensions and furnish such

36-23  information as may be required pursuant to reasonable regulations

36-24  adopted for the purpose of carrying out the intent of this section.

36-25  5.  Any person receiving a benefit pursuant to the provisions of

36-26  this section is entitled to receive post-retirement increases equal to

36-27  those provided for persons retired pursuant to the public employees’

36-28  retirement system.

36-29  6.  It is the intent of this section that no special fund be created

36-30  for the purpose of paying these benefits, and all payments made

36-31  pursuant to the provisions of this section are to be made out of and

36-32  charged to any fund created for the purpose of paying pension

36-33  benefits to justices of the supreme court.

36-34  Sec. 82.4.  Section 15 of Senate Bill No. 349 of this session is hereby

36-35  amended to read as follows:

36-36  Sec. 15.  Chapter 2 of NRS is hereby amended by adding thereto

36-37  a new section to read as follows:

36-38  1.  An unmarried justice of the supreme court may designate, in

36-39  writing, a survivor beneficiary to receive the payments provided

36-40  pursuant to this section if the justice is unmarried on the date of his

36-41  death. A designation pursuant to this section must be made on a form

36-42  approved by the court administrator.

36-43  2.  If a justice of the supreme court at the time of his death had

36-44  retired and was then receiving a pension pursuant to the provisions of

36-45  NRS 2.060, or if at the time of his death the justice had not retired but

36-46  had performed sufficient service for retirement pursuant to the

36-47  provisions of NRS 2.060, the survivor beneficiary designated pursuant

36-48  to subsection 1, if the survivor beneficiary has attained the age of 60

37-1  years, is entitled, until his death, to receive monthly payments of

37-2  $2,500 per month.

37-3    3.  If a survivor beneficiary of a justice is not eligible to receive

37-4  benefits pursuant to subsection 2, he is entitled, until his death or until

37-5  he becomes eligible to receive those benefits, to receive payments

37-6  equal in amount to the payment provided in subsection 1 of section 3

37-7  of this act for the survivor beneficiary of a deceased member of the

37-8  public employees’ retirement system.

37-9    4.  To obtain these benefits, the survivor beneficiary must make

37-10  application to the [board, commission or authority entrusted with the

37-11  administration of the judges’ pensions] executive officer of the public

37-12  employees’ retirement board and furnish such information as may be

37-13  required pursuant to reasonable regulations adopted for the purpose of

37-14  carrying out the intent of this section.

37-15  5.  Any person receiving a benefit pursuant to the provisions of

37-16  this section is entitled to receive post-retirement increases equal to

37-17  those provided for persons retired pursuant to the public employees’

37-18  retirement system.

37-19  6.  It is the intent of this section that no special fund be created for

37-20  the purpose of paying these benefits, and all payments made pursuant

37-21  to the provisions of this section are to be made out of and charged to

37-22  [any fund created for the purpose of paying pension benefits to

37-23  justices of the supreme court.] the judicial retirement fund

37-24  established pursuant to section 13 of Assembly Bill No. 232 of this

37-25  session.

37-26  Sec. 82.5.  Section 16 of Senate Bill No. 349 of this session is hereby

37-27  amended to read as follows:

37-28  Sec. 16. Chapter 3 of NRS is hereby amended by adding thereto

37-29  a new section to read as follows:

37-30  1.  An unmarried district judge may designate, in writing, a

37-31  survivor beneficiary to receive the payments provided pursuant to

37-32  this section if the judge is unmarried on the date of his death. A

37-33  designation pursuant to this section must be made on a form

37-34  approved by the court administrator.

37-35  2.  If a district judge at the time of his death had retired and was

37-36  then receiving a pension pursuant to the provisions of NRS 3.090, or

37-37  if at the time of his death the judge had not retired but had

37-38  performed sufficient service for retirement pursuant to the

37-39  provisions of NRS 3.090, the survivor beneficiary designated

37-40  pursuant to subsection 1, if the survivor beneficiary has attained the

37-41  age of 60 years, is entitled, until his death, to receive monthly

37-42  payments of $2,500 per month.

37-43  3.  If a survivor beneficiary of a judge is not eligible to receive

37-44  benefits pursuant to subsection 2, he is entitled, until his death or

37-45  until he becomes eligible to receive those benefits, to receive

37-46  payments equal in amount to the payment provided in subsection 1

37-47  of section 3 of this act for the survivor beneficiary of a deceased

37-48  member of the public employees’ retirement system.

38-1    4.  To obtain these benefits, the survivor beneficiary must make

38-2  application to the board, commission or authority entrusted with the

38-3  administration of the judges’ pensions and furnish such

38-4  information as may be required pursuant to reasonable regulations

38-5  adopted for the purpose of carrying out the intent of this section.

38-6    5.  Any person receiving a benefit pursuant to the provisions of

38-7  this section is entitled to receive post-retirement increases equal to

38-8  those provided for persons retired pursuant to the public employees’

38-9  retirement system.

38-10  6.  It is the intent of this section that no special fund be created

38-11  for the purpose of paying these benefits, and all payments made

38-12  pursuant to the provisions of this section are to be made out of and

38-13  charged to any fund created for the purpose of paying pension

38-14  benefits to district judges.

38-15  Sec. 82.6.  Section 16 of Senate Bill No. 349 of this session is hereby

38-16  amended to read as follows:

38-17  Sec. 16. Chapter 3 of NRS is hereby amended by adding thereto

38-18  a new section to read as follows:

38-19  1.  An unmarried district judge may designate, in writing, a

38-20  survivor beneficiary to receive the payments provided pursuant to this

38-21  section if the judge is unmarried on the date of his death. A

38-22  designation pursuant to this section must be made on a form approved

38-23  by the court administrator.

38-24  2.  If a district judge at the time of his death had retired and was

38-25  then receiving a pension pursuant to the provisions of NRS 3.090, or

38-26  if at the time of his death the judge had not retired but had performed

38-27  sufficient service for retirement pursuant to the provisions of NRS

38-28  3.090, the survivor beneficiary designated pursuant to subsection 1, if

38-29  the survivor beneficiary has attained the age of 60 years, is entitled,

38-30  until his death, to receive monthly payments of $2,500 per month.

38-31  3.  If a survivor beneficiary of a judge is not eligible to receive

38-32  benefits pursuant to subsection 2, he is entitled, until his death or until

38-33  he becomes eligible to receive those benefits, to receive payments

38-34  equal in amount to the payment provided in subsection 1 of section 3

38-35  of this act for the survivor beneficiary of a deceased member of the

38-36  public employees’ retirement system.

38-37  4.  To obtain these benefits, the survivor beneficiary must make

38-38  application to the [board, commission or authority entrusted with the

38-39  administration of the judges’ pensions] executive officer of the public

38-40  employees’ retirement fund and furnish such information as may be

38-41  required pursuant to reasonable regulations adopted for the purpose of

38-42  carrying out the intent of this section.

38-43  5.  Any person receiving a benefit pursuant to the provisions of

38-44  this section is entitled to receive post-retirement increases equal to

38-45  those provided for persons retired pursuant to the public employees’

38-46  retirement system.

38-47  6.  It is the intent of this section that no special fund be created for

38-48  the purpose of paying these benefits, and all payments made pursuant

38-49  to the provisions of this section are to be made out of and charged to

39-1  [any fund created for the purpose of paying pension benefits to district

39-2  judges.] the judicial retirement fund established pursuant to section

39-3  13 of Assembly Bill No. 232 of this session.

39-4  Sec. 83.  NRS 286.305 and 286.307 are hereby repealed.

39-5  Sec. 84.  The amendatory provisions of this act do not apply to

39-6  offenses committed in violation of section 62 of this act before January 1,

39-7  2003.

39-8  Sec. 84.5.  1.  From January 1, 2003, through June 30, 2003, the court

39-9  administrator shall submit to the judicial retirement system for deposit in

39-10  the judicial retirement fund created pursuant to section 13 of this act on

39-11  behalf of each member of the judicial retirement system 25.6 percent of the

39-12  compensation of the member. Such payments must be:

39-13  (a) Deposited in the fund;

39-14  (b) Accompanied by payroll reports that include information deemed

39-15  necessary by the public employees’ retirement board to carry out its duties;

39-16  and

39-17  (c) Received by the judicial retirement system not later than 15 days

39-18  after the calendar month for which the compensation and service credits of

39-19  members of the judicial retirement system are reported and certified by the

39-20  court administrator. The compensation must be reported separately for each

39-21  month that it is paid.

39-22  2.  As used in this section, “compensation” means the salary paid to a

39-23  justice of the supreme court or district judge by this state including:

39-24  (a) Base pay, which is the monthly rate of pay excluding all fringe

39-25  benefits;

39-26  (b) Additional payment for longevity; and

39-27  (c) Payment for extra duty assignments if it is the standard practice of

39-28  this state to include such pay in the employment contract or official job

39-29  description for the calendar year in which it is paid and such pay is

39-30  specifically included in the justice’s or judge’s employment contract or

39-31  official job description.

39-32  3.  The term “compensation” does not include any type of payment not

39-33  specifically described in subsection 2.

39-34  Sec. 85.  There is hereby appropriated from the state general fund to

39-35  the judicial retirement fund created pursuant to section 13 of this act the

39-36  sum of $5,000,000 for funding the unfunded accrued liability for active

39-37  members of the judicial retirement system and for partial payments needed

39-38  to fund the unfunded liability for the inactive justices of the supreme court

39-39  and district judges.

39-40  Sec. 86.  1.  This section and sections 13, 82.2, 82.3, 82.5 and 85 of

39-41  this act become effective upon passage and approval.

39-42  2.  Sections 1 to 12, inclusive, 13.5 to 82, inclusive, 82.4, and 82.6 to

39-43  84.5, inclusive, of this act become effective on January 1, 2003.

39-44  3.  Section 31.5 of this act expires by limitation on June 30, 2005.

39-45  4.  Section 82.1 of this act becomes effective on July 1, 2005.

 

40-1  TEXT OF REPEALED SECTIONS

 

40-2    286.305  Eligibility of supreme court justices and district judges for

40-3   membership in system; restriction on benefits.

40-4    1.  Any justice of the supreme court and any district judge who became

40-5   a member before July 1, 1977, may remain a member of the system. Those

40-6   justices or district judges may choose to gain service credit for previous

40-7   service as provided in NRS 286.300.

40-8    2.  The State of Nevada shall be deemed, for the purpose of this

40-9   chapter, to be the public employer of such justice or judge, and shall

40-10   contribute to the public employees’ retirement fund and the public

40-11   employees’ retirement administrative fund, in the manner provided in this

40-12   chapter for public employers.

40-13  3.  Any justice of the supreme court and any district judge who is a

40-14   member of the system and who qualifies for a pension under the

40-15   provisions of NRS 2.060 or 3.090 may withdraw from the public

40-16   employees’ retirement fund the amount credited to him in the account. No

40-17   justice or judge may receive benefits under both this chapter and under

40-18   NRS 2.060 or 3.090.

40-19  286.307 Withdrawal from membership by supreme court justice

40-20   or district judge; refund of contributions.

40-21  1.  Any justice of the supreme court or district judge who is a member

40-22   of the system on July 1, 1979, may withdraw from membership by giving

40-23   written notice to the board of his intention to withdraw from the system

40-24   and to rely entirely upon the provisions of NRS 2.060 or 3.090 for his

40-25   retirement.

40-26  2.  Notice must be received by the board on or before September 30,

40-27   1979.

40-28  3.  When the board receives notice, the system shall promptly refund

40-29   all employee contributions credited to the account of the justice or judge.

40-30  4.  A justice or judge who:

40-31  (a) Exercises the option granted by this section may not reestablish the

40-32   service for which the contributions were refunded at any time.

40-33  (b) Does not exercise the option must remain a member of the system

40-34   until he is qualified to exercise the option authorized by subsection 3 of

40-35   NRS 286.305.

 

40-36  H