Assembly Bill No. 633–Committee on Education

 

March 26, 2001

____________

 

Referred to Committee on Education

 

SUMMARY—Revises provisions governing public employees’ retirement system to authorize certain retired employees to accept employment as teachers. (BDR 23‑1300)

 

FISCAL NOTE:    Effect on Local Government: No.

                                 Effect on the State: No.

 

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

 

AN ACT relating to the public employees’ retirement system; authorizing certain retired employees to accept employment with school districts as teachers without affecting their receipt of retirement allowances under the system; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1. NRS 286.520 is hereby amended to read as follows:

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

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

1-4  retired employee are:

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

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

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

1-8  employment or contract if:

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

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

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

1-12  system.

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

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

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

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

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

1-18  salary for participating public employees who are not police officers or

1-19  firemen in any fiscal year, for the duration of that employment or contract.

2-1    (c) If a retired employee accepts employment with an employer who is

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

2-3  same allowances as a retired employee who has no employment.

2-4    2.  The retired employee and the public employer shall notify the

2-5  system:

2-6    (a) Within 10 days after the first day of an employment or contract

2-7  governed by paragraph (a) [;] of subsection 1;

2-8    (b) Within 30 days after the first day of an employment or contract

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

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

2-11  the average salary for participating public employees who are not police

2-12  officers or firemen in any fiscal year from an employment or contract

2-13  governed by paragraph (b)[,]of subsection 1.

2-14    3.  For the purposes of this section, the average salary for participating

2-15  public employees who are not police officers or firemen must be computed

2-16  on the basis of the most recent actuarial valuation of the system.

2-17    4.  If a retired employee is chosen by election or appointment to fill an

2-18  elective public office, he is entitled to the same allowances as a retired

2-19  employee who has no employment, unless he is serving in the same office

2-20  in which he served and for which he received service credit as a member.

2-21  A public employer may pay contributions on behalf of such a retired

2-22  employee to a retirement fund which is not a part of the system in an

2-23  amount not to exceed the amount of the contributions that the public

2-24  employer would pay to the system on behalf of a participating public

2-25  employee who serves in the same office.

2-26    5.  The system may waive for one period of 30 days or less a retired

2-27  employee’s disqualification under this section if the public employer

2-28  certifies in writing, in advance, that the retired employee is recalled to meet

2-29  an emergency and that no other qualified person is immediately available.

2-30    6.  A person who accepts employment or an independent contract with

2-31  either house of the legislature or by the legislative counsel bureau is

2-32  exempt from the provisions of subsections 1 and 2 for the duration of that

2-33  employment or contract.

2-34    7.  A retired employee who accepts employment with a school district

2-35  as a teacher is exempt from the provisions of subsections 1 and 2 for the

2-36  duration of that employment if the majority of his years of service credit

2-37  were earned from employment as a teacher.

2-38    Sec. 2.  This act becomes effective on July 1, 2001.

 

2-39  H