Senate Bill No. 393–Senator Washington

 

March 19, 2001

____________

 

Referred to Committee on Finance

 

SUMMARY—Expands certain retirement and industrial insurance benefits afforded to peace officers. (BDR 23‑747)

 

FISCAL NOTE:            Effect on Local Government: Yes.

                                    Effect on the State: Yes.

 

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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 peace officers; including peace officers in the definition of “police officer” for the purposes of the Public Employees’ Retirement Act; making certain peace officers eligible for industrial insurance benefits for exposure to contagious diseases and for diseases of the heart or lungs; 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 286.061 is hereby amended to read as follows:

1-2    286.061  “Police officer” means a member who is:

1-3    1.  Filling a full-time position with a participating public employer, the

1-4  principal duties of which require emotional stability and physical capacity

1-5  in protecting the public and enforcing the laws of the State of Nevada or

1-6  any of its political subdivisions ; [.]

1-7    2.  The former holder of a position defined in subsection 1 who has:

1-8    (a) Earned at least 2 years of creditable service in that position; and

1-9    (b) Been promoted or transferred within the chain of command by the

1-10  same public employer to a position related to the protection of the public

1-11  and law enforcement ; [.]

1-12    3.  The former holder of a position defined in subsection 1 who:

1-13    (a) Has earned at least 2 years of creditable service in that position; and

1-14    (b) Is employed by a different employer in a position that would have

1-15  been eligible under paragraph (b) of subsection 2 had he remained with his

1-16  former employer[.] ; or

1-17    4.  A peace officer as defined in NRS 289.010.

1-18    Sec. 2.  NRS 287.021 is hereby amended to read as follows:

1-19    287.021  1.  Except as otherwise provided in subsection 3, the

1-20  surviving spouse and any surviving child of a police officer or fireman who

1-21  was:

2-1    (a) Employed by a public agency that had established group insurance

2-2  or medical and hospital service pursuant to NRS 287.010, 287.020 or

2-3  287.025; and

2-4    (b) Killed in the line of duty,

2-5  may elect to accept or continue coverage under that group insurance or

2-6  medical and hospital service if the police officer or fireman was a

2-7  participant or would have been eligible to participate in the group

2-8  insurance or medical and hospital service on the date of the death of the

2-9  police officer or fireman. If the surviving spouse or child elects to accept

2-10  coverage under the group insurance or medical and hospital service in

2-11  which the police officer or fireman would have been eligible to participate

2-12  or to discontinue coverage under the group insurance or medical and

2-13  hospital service in which the police officer or fireman was a participant, the

2-14  spouse, child or legal guardian of the child must notify in writing the public

2-15  agency that employed the police officer or fireman within 60 days after the

2-16  date of death of the police officer or fireman.

2-17    2.  The public agency that employed the police officer or fireman shall

2-18  pay the entire cost of the premiums or contributions for the group insurance

2-19  or medical and hospital service for the surviving spouse or child who meets

2-20  the requirements set forth in subsection 1.

2-21    3.  A surviving spouse is eligible to receive coverage pursuant to this

2-22  section for the duration of the life of the surviving spouse. A surviving

2-23  child is eligible to receive coverage pursuant to this section until the child

2-24  reaches:

2-25    (a) The age of 18 years; or

2-26    (b) The age of 23 years, if the child is enrolled as a full-time student in

2-27  an accredited university, college or trade school.

2-28    4.  As used in this section “police officer” has the meaning ascribed to

2-29  it in NRS 617.135[.] , but does not include a peace officer as defined in

2-30  NRS 289.010.

2-31    Sec. 3.  NRS 287.0477 is hereby amended to read as follows:

2-32    287.0477  1.  Except as otherwise provided in subsection 4, the

2-33  surviving spouse and any surviving child of a police officer or fireman who

2-34  was employed by a participating public agency and who was killed in the

2-35  line of duty may join or continue coverage under the public employees’

2-36  benefits program or another insurer or employee benefit plan approved by

2-37  the board pursuant to NRS 287.0479 if the police officer or fireman was a

2-38  participant or would have been eligible to participate on the date of the

2-39  death of the police officer or fireman. If the surviving spouse or child elects

2-40  to join or discontinue coverage under the public employees’ benefits

2-41  program pursuant to this subsection, the spouse, child or legal guardian of

2-42  the child must notify in writing the participating public agency that

2-43  employed the police officer or fireman within 60 days after the date of

2-44  death of the police officer or fireman.

2-45    2.  Except as otherwise provided in subsection 4, the surviving spouse

2-46  and any surviving child of a volunteer fireman who was killed in the line of

2-47  duty and who was officially a member of a volunteer fire department in

2-48  this state is eligible to join the public employees’ benefits program. If such

2-49  a spouse or child elects to join the public employees’ benefits program, the

3-1  spouse, child or legal guardian of the child must notify in writing the board

3-2  within 60 days after the date of death of the volunteer fireman.

3-3    3.  The participating public agency that employed the police officer or

3-4  fireman shall pay the entire cost of the premiums or contributions for the

3-5  public employees’ benefits program or another insurer or employee benefit

3-6  plan approved by the board pursuant to NRS 287.0479 for the surviving

3-7  spouse or child who meets the requirements set forth in subsection 1. The

3-8  State of Nevada shall pay the entire cost of the premiums or contributions

3-9  for the public employees’ benefits program for the surviving spouse or

3-10  child who elects to join the public employees’ benefits program pursuant to

3-11  subsection 2.

3-12    4.  A surviving spouse is eligible to receive coverage pursuant to this

3-13  section for the duration of the life of the surviving spouse. A surviving

3-14  child is eligible to receive coverage pursuant to this section until the child

3-15  reaches:

3-16    (a) The age of 18 years; or

3-17    (b) The age of 23 years, if the child is enrolled as a full-time student in

3-18  an accredited university, college or trade school.

3-19    5.  As used in this section “police officer” has the meaning ascribed to

3-20  it in NRS 617.135[.] , but does not include a peace officer as defined in

3-21  NRS 289.010.

3-22    Sec. 4.  NRS 617.135 is hereby amended to read as follows:

3-23    617.135  “Police officer” includes:

3-24    1.  A sheriff, deputy sheriff, officer of a metropolitan police department

3-25  or city policeman;

3-26    2.  A chief, inspector, supervisor, commercial officer or trooper of the

3-27  Nevada highway patrol;

3-28    3.  A chief, investigator or agent of the investigation division of the

3-29  department of motor vehicles and public safety;

3-30    4.  An officer or investigator of the section for the control of emissions

3-31  from vehicles of the motor vehicles branch of the department of motor

3-32  vehicles and public safety;

3-33    5.  An investigator of the division of compliance enforcement of the

3-34  motor vehicles branch of the department of motor vehicles and public

3-35  safety;

3-36    6.  A member of the police department of the University and

3-37  Community College System of Nevada;

3-38    7.  A:

3-39    (a) Uniformed employee of; or

3-40    (b) Forensic specialist employed by,

3-41  the department of prisons whose position requires regular and frequent

3-42  contact with the offenders imprisoned and subjects the employee to recall

3-43  in emergencies;

3-44    8.  A parole and probation officer of the division of parole and

3-45  probation of the department of motor vehicles and public safety; [and]

3-46    9.  A forensic specialist or correctional officer employed by the

3-47  division of mental health and development services of the department of

3-48  human resources at facilities for mentally disordered offenders[.] ; and

3-49    10.  A peace officer as defined in NRS 289.010.

4-1    Sec. 5.  This act becomes effective on July 1, 2001.

 

4-2  H