[Effective through June 30, 2006.]
1. The governing body of any county, school district, municipal
corporation, political subdivision, public corporation or other local
governmental agency of the State of Nevada may:
(a) Adopt and carry into effect a system of group life, accident or
health insurance, or any combination thereof, for the benefit of its
officers and employees, and the dependents of officers and employees who
elect to accept the insurance and who, where necessary, have authorized
the governing body to make deductions from their compensation for the
payment of premiums on the insurance.
(b) Purchase group policies of life, accident or health insurance,
or any combination thereof, for the benefit of such officers and
employees, and the dependents of such officers and employees, as have
authorized the purchase, from insurance companies authorized to transact
the business of such insurance in the State of Nevada, and, where
necessary, deduct from the compensation of officers and employees the
premiums upon insurance and pay the deductions upon the premiums.
(c) Provide group life, accident or health coverage through a
self-insurance reserve fund and, where necessary, deduct contributions to
the maintenance of the fund from the compensation of officers and
employees and pay the deductions into the fund. The money accumulated for
this purpose through deductions from the compensation of officers and
employees and contributions of the governing body must be maintained as
an internal service fund as defined by NRS 354.543 . The money must be deposited in a state or national bank or
credit union authorized to transact business in the State of Nevada. Any
independent administrator of a fund created under this section is subject
to the licensing requirements of chapter 683A of NRS, and must be a resident of this State. Any contract with an
independent administrator must be approved by the Commissioner of
Insurance as to the reasonableness of administrative charges in relation
to contributions collected and benefits provided. The provisions of NRS
689B.030 to 689B.050 , inclusive, and 689B.575 apply to coverage provided pursuant to this paragraph,
except that the provisions of NRS 689B.0359 do not apply to such coverage.
(d) Defray part or all of the cost of maintenance of a
self-insurance fund or of the premiums upon insurance. The money for
contributions must be budgeted for in accordance with the laws governing
the county, school district, municipal corporation, political
subdivision, public corporation or other local governmental agency of the
State of Nevada.
2. If a school district offers group insurance to its officers and
employees pursuant to this section, members of the board of trustees of
the school district must not be excluded from participating in the group
insurance. If the amount of the deductions from compensation required to
pay for the group insurance exceeds the compensation to which a trustee
is entitled, the difference must be paid by the trustee.
[1:27:1947; 1943 NCL § 3655.05]—(NRS A 1960, 76; 1963, 214; 1969,
888; 1977, 389; 1979, 973; 1981, 1770; 1983, 616; 1985, 1449; 1989, 1274;
1991, 451; 1995, 1011; 1999, 1467 , 2005 , 3106 ; 2001, 141 , 144 , 1925 ; 2003, 115 , 3260 , 3372 , 3535 )
[Effective July 1, 2006.]
1. The governing body of any county, school district, municipal
corporation, political subdivision, public corporation or other local
governmental agency of the State of Nevada may:
(a) Adopt and carry into effect a system of group life, accident or
health insurance, or any combination thereof, for the benefit of its
officers and employees, and the dependents of officers and employees who
elect to accept the insurance and who, where necessary, have authorized
the governing body to make deductions from their compensation for the
payment of premiums on the insurance.
(b) Purchase group policies of life, accident or health insurance,
or any combination thereof, for the benefit of such officers and
employees, and the dependents of such officers and employees, as have
authorized the purchase, from insurance companies authorized to transact
the business of such insurance in the State of Nevada, and, where
necessary, deduct from the compensation of officers and employees the
premiums upon insurance and pay the deductions upon the premiums.
(c) Provide group life, accident or health coverage through a
self-insurance reserve fund and, where necessary, deduct contributions to
the maintenance of the fund from the compensation of officers and
employees and pay the deductions into the fund. The money accumulated for
this purpose through deductions from the compensation of officers and
employees and contributions of the governing body must be maintained as
an internal service fund as defined by NRS 354.543 . The money must be deposited in a state or national bank or
credit union authorized to transact business in the State of Nevada. Any
independent administrator of a fund created under this section is subject
to the licensing requirements of chapter 683A of NRS, and must be a resident of this State. Any contract with an
independent administrator must be approved by the Commissioner of
Insurance as to the reasonableness of administrative charges in relation
to contributions collected and benefits provided. The provisions of NRS
689B.030 to 689B.050 , inclusive, 689B.287 and 689B.575 apply to coverage provided pursuant to this paragraph,
except that the provisions of NRS 689B.0359 do not apply to such coverage.
(d) Defray part or all of the cost of maintenance of a
self-insurance fund or of the premiums upon insurance. The money for
contributions must be budgeted for in accordance with the laws governing
the county, school district, municipal corporation, political
subdivision, public corporation or other local governmental agency of the
State of Nevada.
2. If a school district offers group insurance to its officers and
employees pursuant to this section, members of the board of trustees of
the school district must not be excluded from participating in the group
insurance. If the amount of the deductions from compensation required to
pay for the group insurance exceeds the compensation to which a trustee
is entitled, the difference must be paid by the trustee.
[1:27:1947; 1943 NCL § 3655.05]—(NRS A 1960, 76; 1963, 214; 1969,
888; 1977, 389; 1979, 973; 1981, 1770; 1983, 616; 1985, 1449; 1989, 1274;
1991, 451; 1995, 1011; 1999, 1467 , 2005 , 3106 ; 2001, 141 , 144 , 1925 ; 2003, 115 , 3260 , 3372 , 3535 ; 2005, 2347 , effective July 1, 2006)
1. A local government employer and any employee organization that
is recognized by the employer pursuant to chapter 288 of NRS may, by written agreement between themselves
or with other local government employers and employee organizations,
establish a trust fund to provide health and welfare benefits to active
and retired employees of the participating employers and the dependents
of those employees.
2. All contributions made to a trust fund established pursuant to
this section must be held in trust and used:
(a) To provide, from principal or income, or both, for the benefit
of the participating employees and their dependents, medical, hospital,
dental, vision, death, disability or accident benefits, or any
combination thereof, and any other benefit appropriate for an entity that
qualifies as a voluntary employees’ beneficiary association under Section
501(c)(9) of the Internal Revenue Code of 1986, 26 U.S.C. § 501(c)(9), as
amended; and
(b) To pay any reasonable administrative expenses incident to the
provision of these benefits and the administration of the trust.
3. The basis on which contributions are to be made to the trust
must be specified in a collective bargaining agreement between each
participating local government employer and employee organization or in a
written participation agreement between the employer and employee
organization, jointly, and the trust.
4. The trust must be administered by a board of trustees on which
participating local government employers and employee organizations are
equally represented. The agreement that establishes the trust must:
(a) Set forth the powers and duties of the board of trustees, which
must not be inconsistent with the provisions of this section;
(b) Establish a procedure for resolving expeditiously any deadlock
that arises among the members of the board of trustees; and
(c) Provide for an audit of the trust, at least annually, the
results of which must be reported to each participating employer and
employee organization.
5. The provisions of paragraphs (b) and (c) of subsection 2 of NRS
287.029 apply to a trust fund
established pursuant to this section by the governing body of a school
district.
6. As used in this section:
(a) “Employee organization” has the meaning ascribed to it in NRS
288.040 .
(b) “Local government employer” has the meaning ascribed to it in
NRS 288.060 .
(Added to NRS by 2003, 2737 ; A 2003, 20th Special Session, 257 )
1. The governing body of any county, school district, municipal
corporation, political subdivision, public corporation or other local
governmental agency of the State of Nevada may adopt and carry into
effect a system of medical or hospital service, or a combination thereof,
through nonprofit membership corporations defraying the cost of medical
service or hospital care, or both, open to participation by all
licentiates of the particular class, whether doctors of medicine, doctors
of osteopathy or doctors of chiropractic, offering services through such
a nonprofit membership corporation, for the benefit of such of their
officers and employees, and the dependents of such officers and
employees, as may elect to accept membership in such nonprofit
corporation and who have authorized the governing body to make deductions
from their compensation for the payment of membership dues.
2. A part, not to exceed 50 percent, of the cost of such
membership dues may be defrayed by such governing body by contribution.
The money for such contributions must be budgeted for in accordance with
the laws governing such county, school district, municipal corporation,
political subdivision, public corporation or other local governmental
agency of the State of Nevada.
3. The power conferred in this section, with respect to the
rendition of medical or hospital service, or a combination thereof, is
coextensive with the power conferred in NRS 287.010 with respect to insurance companies.
4. If a school district offers coverage for medical service or
hospital care, or both, to its officers and employees pursuant to this
section, members of the board of trustees of the school district must not
be excluded from participating in the coverage. If the amount of the
deductions from compensation required to pay for the coverage exceeds the
compensation to which a trustee is entitled, the difference must be paid
by the trustee.
[2:27:1947; 1943 NCL § 3655.06]—(NRS A 1960, 76; 1963, 215; 1995,
1012; 2003, 3260 )
1. Except as otherwise provided in subsection 3, the surviving
spouse and any surviving child of a police officer or firefighter who was:
(a) Employed by a local governmental agency that had established
group insurance, a plan of benefits or medical and hospital service
pursuant to NRS 287.010 , 287.015 , 287.020 or
paragraph (b), (c) or (d) of subsection 1 of NRS 287.025 ; and
(b) Killed in the line of duty,
Ê may elect to accept or continue coverage under that group insurance,
plan or medical and hospital service if the police officer or firefighter
was a participant or would have been eligible to participate in the group
insurance, plan or medical and hospital service on the date of the death
of the police officer or firefighter. If the surviving spouse or child
elects to accept coverage under the group insurance, plan or medical and
hospital service in which the police officer or firefighter would have
been eligible to participate or to discontinue coverage under the group
insurance, plan or medical and hospital service in which the police
officer or firefighter was a participant, the spouse, child or legal
guardian of the child must notify in writing the local governmental
agency that employed the police officer or firefighter within 60 days
after the date of death of the police officer or firefighter.
2. The local governmental agency that employed the police officer
or firefighter shall pay the entire cost of the premiums or contributions
for the group insurance, plan of benefits or medical and hospital service
for the surviving spouse or child who meets the requirements set forth in
subsection 1.
3. A surviving spouse is eligible to receive coverage pursuant to
this section for the duration of the life of the surviving spouse. A
surviving child is eligible to receive coverage pursuant to this section
until the child reaches:
(a) The age of 18 years; or
(b) The age of 23 years, if the child is enrolled as a full-time
student in an accredited university, college or trade school.
4. As used in this section “police officer” has the meaning
ascribed to it in NRS 617.135 .
(Added to NRS by 1999, 2607 ; A 2003, 1613 , 2737 , 3261 ; 2005, 323 )
1. Whenever an officer or employee of the governing body of any
county, school district, municipal corporation, political subdivision,
public corporation or other local governmental agency of the State of
Nevada retires under the conditions set forth in NRS 1A.350 or 1A.480 , or 286.510 or 286.620
and, at the time of his retirement, was covered or had his dependents
covered by any group insurance, plan of benefits or medical and hospital
service established pursuant to NRS 287.010 , 287.015 ,
287.020 or paragraph (b), (c) or (d) of
subsection 1 of NRS 287.025 , the
officer or employee has the option upon retirement to cancel or continue
any such coverage or join the Public Employees’ Benefits Program to the
extent that such coverage is not provided to him or a dependent by the
Health Insurance for the Aged Act, 42 U.S.C. §§ 1395 et seq.
2. A retired person who joins the Public Employees’ Benefits
Program upon retirement pursuant to subsection 1 or continues coverage
under the Public Employees’ Benefits Program shall assume the portion of
the premium or contribution costs for the coverage which the governing
body or the State does not pay on behalf of retired officers or
employees. A dependent of such a retired person has the option, which may
be exercised to the same extent and in the same manner as the retired
person, to cancel or continue coverage in effect on the date the retired
person dies. The dependent is not required to continue to receive
retirement payments from the Public Employees’ Retirement System to
continue coverage.
3. Notice of the selection of the option must be given in writing
to the last public employer of the officer or employee within 60 days
after the date of retirement or death, as the case may be. If no notice
is given by that date, the retired officer or employee and his dependents
shall be deemed to have selected the option to cancel the coverage for
the group insurance, plan of benefits or medical and hospital service
established pursuant to NRS 287.010 ,
287.015 , 287.020 or paragraph (b), (c) or (d) of subsection 1
of NRS 287.025 or not to join the
Public Employees’ Benefits Program, as the case may be.
4. The governing body of any county, school district, municipal
corporation, political subdivision, public corporation or other local
governmental agency of this State:
(a) May pay the cost, or any part of the cost, of coverage
established pursuant to NRS 287.010 ,
287.015 or 287.020 or paragraph (b), (c) or (d) of subsection 1
of NRS 287.025 for persons who continue
that coverage pursuant to subsection 1, but it must not pay a greater
portion than it does for its current officers and employees.
(b) Shall pay the same portion of the cost of coverage under the
Public Employees’ Benefits Program for persons who join the Program upon
retirement pursuant to subsection 1 as the State pays pursuant to
subsection 2 of NRS 287.046 for persons
retired from state service who have continued to participate in the
Program.
5. The governing body of any county, school district, municipal
corporation, political subdivision, public corporation or other local
governmental agency of this State shall, for the purpose of establishing
actuarial data to determine rates and coverage for persons who continue
coverage for group insurance, a plan of benefits or medical and hospital
service with the governing body pursuant to subsection 1, commingle the
claims experience of those persons with the claims experience of active
officers and employees and their dependents who participate in the group
insurance, a plan of benefits or medical and hospital service.
(Added to NRS by 1967, 974; A 1979, 325, 1074; 1981, 246; 1985, 40;
1987, 504; 1993, 875; 1995, 1957; 1999, 3025 ; 2001, 951 ; 2001 Special Session, 95 ; 2003, 2738 , 3250 , 3262 )
1. If a member of the board of trustees of a school district who
has served at least one full term of office does not seek reelection or
is defeated for reelection and, upon the expiration of his term of
office, was covered or had his dependents covered by any group insurance,
plan of benefits or medical and hospital service established pursuant to
NRS 287.010 , 287.015 , 287.020 or
paragraph (b), (c) or (d) of subsection 1 of NRS 287.025 , the board member has the option upon the
expiration of his term of office to cancel or continue any such coverage
to the extent that coverage is not provided to him or a dependent by the
Health Insurance for the Aged Act, 42 U.S.C. §§ 1395 et seq. A board
member who continues coverage pursuant to this section shall assume all
costs for the continued coverage. A dependent of such a board member has
the option, which may be exercised to the same extent and in the same
manner as the board member, to cancel or continue coverage in effect on
the date the board member dies.
2. Notice of the selection of the option must be given in writing
to the board of trustees of the school district within 30 days after the
expiration of the board member’s term of office or the date of his death,
as the case may be. If no notice is given by that date, the board member
and his dependents shall be deemed to have selected the option to cancel
the coverage.
(Added to NRS by 1995, 1011; A 2003, 2739 , 3263 )
1. The governing body of any county, school district, municipal
corporation, political subdivision, public corporation or other local
governmental agency of the State of Nevada may, in addition to the other
powers granted in NRS 287.010 , 287.015
and 287.020 :
(a) Negotiate and contract with the Board of the Public Employees’
Benefits Program to secure group insurance for its officers and employees
and their dependents by participation in the Public Employees’ Benefits
Program.
(b) Negotiate and contract with another county, school district,
municipal corporation, political subdivision, public corporation or other
local governmental agency of the State of Nevada to secure group
insurance for its officers and employees and their dependents by
participation in any group insurance plan established or to be
established by the other local governmental agency.
(c) To secure group health, life or workers’ compensation insurance
for its officers and employees and their dependents, participate as a
member of a nonprofit cooperative association or nonprofit corporation
that has been established in this State to secure such insurance for its
members from an insurer licensed pursuant to the provisions of title 57
of NRS.
(d) In addition to the provisions of paragraph (c), participate as
a member of a nonprofit cooperative association or nonprofit corporation
that has been established in this State to:
(1) Facilitate contractual arrangements for the provision of
medical services to its members’ officers and employees and their
dependents and for related administrative services.
(2) Procure health-related information and disseminate that
information to its members’ officers and employees and their dependents.
2. Each contract negotiated pursuant to paragraph (a) or (b) of
subsection 1:
(a) Must be submitted to the Commissioner of Insurance for approval
not less than 30 days before the date on which the contract is to become
effective.
(b) Does not become effective unless approved by the Commissioner
of Insurance.
(c) Shall be deemed to be approved if not disapproved by the
Commissioner within 30 days after its submission.
(Added to NRS by 1965, 1025; A 1969, 465; 1991, 658; 1995, 2509;
1999, 189 , 2820 , 3027 ; 2001, 204 ; 2003, 2739 , 3264 )
The governing body of any county, school
district, municipal corporation, political subdivision, public
corporation or other local governmental agency of the State of Nevada
that provides health insurance through a plan of self-insurance shall
provide coverage for colorectal cancer screening in accordance with:
1. The guidelines concerning colorectal cancer screening which are
published by the American Cancer Society; or
2. Other guidelines or reports concerning colorectal cancer
screening which are published by nationally recognized professional
organizations and which include current or prevailing supporting
scientific data.
(Added to NRS by 2003, 1337 ; A 2003, 20th Special Session, 264 )
1. If the governing body of a school district:
(a) Provides group life, accident or health coverage through a
self-insurance reserve fund as described in paragraph (c) of subsection 1
of NRS 287.010 ; or
(b) Establishes or carries into effect any other system of
self-funded life, accident or health coverage,
Ê any money that is paid toward such coverage by officers and employees
of the school district in the form of contributions, deductions and
premiums, and any money that is set aside by the school district for the
matching of contributions, or for the defraying of costs pursuant to
paragraph (d) of subsection 1 of NRS 287.010 , must be deposited in a trust fund or
otherwise held in trust for the benefit of the officers and employees of
the school district.
2. Money that is deposited in a trust fund or otherwise held in
trust pursuant to subsection 1:
(a) Must be used only for the purpose of funding, maintaining,
operating and administering the program or system of group insurance;
(b) Must not be loaned to the school district or the board of
trustees of the school district or its agent or any other governmental
entity; and
(c) May be invested in any reasonable and prudent manner, except
that such money must not be invested to purchase any obligations of the
school district or the board of trustees of the school district or its
agent. All interest and income earned on the money in the fund must be
deposited in the fund.
(Added to NRS by 2003, 417 )
No provisions of law prohibiting, restricting or limiting
the assignment of or order for wages or salary shall be deemed in any way
to prohibit, restrict or limit the powers enumerated in NRS 287.010
, 287.015 , 287.020 or
287.025 , nor the right and power of
officers or employees to authorize and approve payment of premiums or
contributions by wage and salary deductions.
[3:27:1947; 1943 NCL § 3655.07]—(NRS A 1999, 3028 ; 2003, 2740 , 3265 )
The provisions of NRS 287.010 to
287.040 , inclusive, do not make it
compulsory upon any governing body of any county, school district,
municipal corporation, political subdivision, public corporation or other
local governmental agency of the State of Nevada, except as otherwise
provided in NRS 287.021 or in an
agreement entered into pursuant to subsection 3 of NRS 287.015 , to pay any premiums, contributions or other
costs for group insurance, a plan of benefits or medical or hospital
services established pursuant to NRS 287.010 , 287.015 ,
287.020 or paragraph (b), (c) or (d) of
subsection 1 of NRS 287.025 , or upon
any officer or employee of any county, school district, municipal
corporation, political subdivision, public corporation or other local
governmental agency of this State to accept any such coverage or to
assign his wages or salary in payment of premiums or contributions
therefor.
[4:27:1947; 1943 NCL § 3655.08]—(NRS A 1960, 77; 1979, 1075; 1985,
268; 1995, 1013; 1999, 2609 , 3028 ; 2003, 417 , 1613 , 2740 , 3251 , 3265 )
GROUP INSURANCE FOR STATE OFFICERS AND EMPLOYEES
As used in NRS 287.0402 to 287.049 ,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 287.0404 to 287.0406
, inclusive, have the meanings ascribed
to them in those sections.
(Added to NRS by 1999, 3023 ; A 2001, 2938 ; 2003, 3265 )
“Board” means the Board of the
Public Employees’ Benefits Program created by NRS 287.041 .
(Added to NRS by 1999, 3023 )
“Participating local governmental agency” means a county, school
district, municipal corporation, political subdivision, public
corporation or other local governmental agency that has an agreement in
effect with the Program pursuant to paragraph (a) of subsection 1 of NRS
287.025 to obtain group insurance from
the Program.
(Added to NRS by 2003, 3259 )
“Participating public agency” means any participating local governmental
agency and participating state agency.
(Added to NRS by 2003, 3259 )
“Participating state agency” means a department, commission, board,
bureau or other agency of the Executive, Legislative and Judicial
Branches of State Government, including, without limitation, the Public
Employees’ Retirement System and the Nevada System of Higher Education.
(Added to NRS by 2003, 3259 )
“Program” means the Public
Employees’ Benefits Program established pursuant to subsection 1 of NRS
287.043 .
(Added to NRS by 1999, 3023 )
1. There is hereby created the Board of the Public Employees’
Benefits Program. The Board consists of nine members appointed as follows:
(a) One member who is a professional employee of the Nevada System
of Higher Education, appointed by the Governor upon consideration of any
recommendations of organizations that represent employees of the Nevada
System of Higher Education.
(b) One member who is retired from public employment, appointed by
the Governor upon consideration of any recommendations of organizations
that represent retired public employees.
(c) Two members who are employees of the State, appointed by the
Governor upon consideration of any recommendations of organizations that
represent state employees.
(d) One member appointed by the Governor upon consideration of any
recommendations of organizations that represent employees of local
governments that participate in the program.
(e) One member who is employed by this State in a managerial
capacity and has substantial and demonstrated experience in risk
management, portfolio investment strategies or employee benefits programs
appointed by the Governor. The Governor may appoint the Executive Officer
of the Public Employees’ Retirement System to fill this position.
(f) Two members who have substantial and demonstrated experience in
risk management, portfolio investment strategies or employee benefits
programs appointed by the Governor.
(g) The Director of the Department of Administration or his
designee.
2. Of the six persons appointed to the Board pursuant to
paragraphs (a) to (e), inclusive, of subsection 1, at least one member
must have an advanced degree in business administration, economics,
accounting, insurance, risk management or health care administration, and
at least two members must have education or proven experience in the
management of employees’ benefits, insurance, risk management, health
care administration or business administration.
3. Each person appointed as a member of the Board must:
(a) Except for a member appointed pursuant to paragraph (f) of
subsection 1, have been a participant in the Program for at least 1 year
before his appointment;
(b) Except for a member appointed pursuant to paragraph (f) of
subsection 1, be a current employee of the State of Nevada or another
public employer that participates in the Program or a retired public
employee who is a participant in the Program; and
(c) Not be an elected officer of the State of Nevada or any of its
political subdivisions.
4. Except as otherwise provided in this subsection, after the
initial terms, the term of an appointed member of the Board is 4 years
and until his successor is appointed and takes office unless the member
no longer possesses the qualifications for appointment set forth in this
section or is removed by the Governor. If a member loses the requisite
qualifications within the last 12 months of his term, the member may
serve the remainder of his term. Members are eligible for reappointment.
A vacancy occurring in the membership of the Board must be filled in the
same manner as the original appointment.
5. The appointed members of the Board serve at the pleasure of the
Governor. If the Governor wishes to remove a member from the Board for
any reason other than malfeasance or misdemeanor, the Governor shall
provide the member with written notice which states the reason for and
the effective date of the removal.
(Added to NRS by 1963, 1319; A 1967, 1580; 1977, 147; 1991, 658;
1999, 3028 , 3043 ; 2001, 216 ; 2003, 3274 )
1. A majority of the members of the Board constitutes a quorum for
the transaction of business.
2. The Governor shall designate one of the members of the Board to
serve as the Chairman.
3. The Board shall meet at least once every calendar quarter and
at other times upon the call of the Chairman.
4. The Board may meet in closed session:
(a) To discuss matters relating to personnel;
(b) To prepare a request for a proposal or other solicitation for
bids to be released by the Board for competitive bidding; or
(c) As otherwise provided pursuant to chapter 241 of NRS.
5. Except as otherwise provided in this subsection, if the Board
causes a meeting to be transcribed by a court reporter who is certified
pursuant to chapter 656 of NRS, the Board shall post a transcript of the meeting on its
Internet website not later than 30 days after the meeting. The Board
shall post a transcript of a closed session of the Board on its Internet
website when the Board determines that the matters discussed no longer
require confidentiality and, if applicable, the person whose character,
conduct, competence or health was discussed in the closed session has
consented to the posting.
6. As used in this section, “request for a proposal” has the
meaning ascribed to it in subsection 8 of NRS 333.020 .
(Added to NRS by 1999, 3023 ; A 2003, 549 ; 2005, 1409 )
1. No member who is a public employee may receive any compensation
for his services as a member of the Board. Any member who is a public
employee must be granted administrative leave from his duties to engage
in the business of the Board without loss of his regular compensation.
Such leave does not reduce the amount of the member’s other accrued leave.
2. A member of the Board who is not a public employee is entitled
to receive $80 per day for his attendance at meetings of the Board.
(Added to NRS by 1963, 1319; A 1977, 122; 1985, 392; 1987, 326;
1991, 659; 1999, 3029 )
The Board may reimburse a
witness whom the Board requests appear before it and who has expertise in
a field that is relevant to the Program for any expenses relating to the
testimony of the witness that the Board deems reasonable.
(Added to NRS by 1999, 3023 )
1. The Board shall employ an Executive Officer who is in the
unclassified service of the State and serves at the pleasure of the
Board. The Board may delegate to the Executive Officer the exercise or
discharge of any power, duty or function vested in or imposed upon the
Board.
2. The Executive Officer must:
(a) Be a graduate of a 4-year college or university with a degree
in business administration or public administration or an equivalent
degree, as determined by the Board; and
(b) Possess at least 5 years’ experience in a high-level
administrative or executive capacity in the field of insurance,
management of employees’ benefits or risk management, including, without
limitation, responsibility for a variety of administrative functions such
as personnel, accounting, data processing or the structuring of insurance
programs.
3. Except as otherwise provided in NRS 284.143 , the Executive Officer shall not pursue any
other business or occupation or perform the duties of any other office of
profit during normal office hours unless on leave approved in advance.
The Executive Officer shall not participate in any business enterprise or
investment with any vendor or provider to the Program.
4. The Executive Officer is entitled to an annual salary fixed by
the Board. The salary of the Executive Officer is exempt from the
limitations set forth in NRS 281.123 .
(Added to NRS by 1999, 3024 ; A 2005, 592 )
1. The Executive Officer may appoint a Quality Control Officer,
Operations Officer, Accounting Officer, Information Technology Systems
Officer and Executive Assistant, who are in the unclassified service of
the State and serve at the pleasure of the Executive Officer. The
appointment and dismissal of the Quality Control Officer are subject to
the approval of the Board.
2. The Quality Control Officer, Operations Officer, Accounting
Officer and Information Technology Systems Officer must each be a
graduate of a 4-year college or university with a degree that is
appropriate to their respective responsibilities or possess equivalent
experience as determined by the Board.
3. The Quality Control Officer, Operations Officer, Accounting
Officer, Information Technology Systems Officer and Executive Assistant
are entitled to annual salaries fixed by the Board. The salaries of these
employees are exempt from the limitations set forth in NRS 281.123 .
4. The Executive Officer may employ such staff in the classified
service of the State as are necessary for the performance of his duties,
within limits of legislative appropriations or other available money.
(Added to NRS by 1983, 1343; A 1985, 392; 1987, 327; 1991, 661;
1999, 3032 ; 2005, 593 )
1. Each member of the Board and the Executive Officer shall
complete at least 16 hours of continuing education relating to the
administration of group benefits for public employees each year.
2. While attending courses of continuing education, a member of
the Board who is a public employee and the Executive Officer must be
granted administrative leave with pay and are entitled to receive the
travel expenses provided for state officers and employees generally.
3. While attending courses of continuing education, a member of
the Board who is not a public employee is entitled to receive the per
diem allowance and travel expenses provided for state officers and
employees generally.
(Added to NRS by 1999, 3024 )
1. The Board shall:
(a) Establish and carry out a program to be known as the Public
Employees’ Benefits Program which:
(1) Must include a program relating to group life, accident
or health insurance, or any combination of these; and
(2) May include a program to reduce taxable compensation or
other forms of compensation other than deferred compensation,
Ê for the benefit of all state officers and employees and other persons
who participate in the Program.
(b) Ensure that the Program is funded on an actuarially sound basis
and operated in accordance with sound insurance and business practices.
2. In establishing and carrying out the Program, the Board shall:
(a) For the purpose of establishing actuarial data to determine
rates and coverage for active and retired state officers and employees
and their dependents, commingle the claims experience of such active and
retired officers and employees and their dependents.
(b) Except as otherwise provided in this paragraph, negotiate and
contract pursuant to paragraph (a) of subsection 1 of NRS 287.025 with the governing body of any county, school
district, municipal corporation, political subdivision, public
corporation or other local governmental agency of the State of Nevada
that wishes to obtain group insurance for its active and retired officers
and employees and their dependents by participation in the Program. The
Board shall establish separate rates and coverage for active and retired
officers and employees of those local governmental agencies and their
dependents based on actuarial reports that commingle the claims
experience of such active and retired officers and employees and their
dependents.
(c) Except as otherwise provided in paragraph (d), provide public
notice in writing of any proposed changes in rates or coverage to each
participating public agency that may be affected by the changes. Notice
must be provided at least 30 days before the effective date of the
changes.
(d) If a proposed change is a change in the premium or contribution
charged for, or coverage of, health insurance, provide written notice of
the proposed change to all participants in the Program. The notice must
be provided at least 30 days before the date on which a participant in
the Program is required to select or change his policy of health
insurance.
(e) Purchase policies of life, accident or health insurance, or any
combination of these, or, if applicable, a program to reduce the amount
of taxable compensation pursuant to 26 U.S.C. § 125, from any company
qualified to do business in this State or provide similar coverage
through a plan of self-insurance established pursuant to NRS 287.0433
for the benefit of all eligible
participants in the Program.
(f) Except as otherwise provided in this title, develop and
establish other employee benefits as necessary.
(g) Investigate and approve or disapprove any contract proposed
pursuant to NRS 287.0479 .
(h) Adopt such regulations and perform such other duties as are
necessary to carry out the provisions of NRS 287.0402 to 287.049 ,
inclusive, including, without limitation, the establishment of:
(1) Fees for applications for participation in the Program
and for the late payment of premiums or contributions;
(2) Conditions for entry and reentry into the Program by
local governmental agencies that wish to enter or reenter the Program
pursuant to paragraph (a) of subsection 1 of NRS 287.025 ;
(3) Procedures by which a group of participants in the
Program may leave the Program pursuant to NRS 287.0479 and conditions and procedures for reentry
into the Program by those participants; and
(4) Specific procedures for the determination of contested
claims.
(i) Appoint an independent certified public accountant. The
accountant shall:
(1) Provide an annual audit of the Program; and
(2) Report to the Board and the Interim Retirement and
Benefits Committee of the Legislature created pursuant to NRS 218.5373
.
(j) Appoint an attorney who specializes in employee benefits. The
attorney shall:
(1) Perform a biennial review of the Program to determine
whether the Program complies with federal and state laws relating to
taxes and employee benefits; and
(2) Report to the Board and the Interim Retirement and
Benefits Committee of the Legislature created pursuant to NRS 218.5373
.
3. The Board shall submit an annual report regarding the
administration and operation of the Program to the Director of the
Legislative Counsel Bureau not more than 6 months before the Board
establishes rates and coverage for participants for the following plan
year. The report must include, without limitation:
(a) The amount paid by the Program in the preceding plan year for
the claims of active and retired participants in the Program; and
(b) The amount paid by the Program in the preceding plan year for
the claims of retired participants in the Program who were provided
coverage for medical or hospital service, or both, by the Health
Insurance for the Aged Act, 42 U.S.C. §§ 1395 et seq., or a plan that
provides similar coverage.
4. The Board may use any services provided to state agencies and
shall use the services of the Purchasing Division of the Department of
Administration to establish and carry out the Program.
5. The Board may make recommendations to the Legislature
concerning legislation that it deems necessary and appropriate regarding
the Program.
6. A participating public agency is not liable for any obligation
of the Program other than indemnification of the Board and its employees
against liability relating to the administration of the Program, subject
to the limitations specified in NRS 41.0349 .
7. As used in this section, “employee benefits” includes any form
of compensation provided to a public employee except federal benefits,
wages earned, legal holidays, deferred compensation and benefits
available pursuant to chapter 286 of NRS.
(Added to NRS by 1963, 1319; A 1965, 1026; 1969, 466; 1979, 629,
933; 1983, 1343; 1985, 543; 1987, 326, 1400; 1991, 249, 659; 1995, 1647;
1999, 2609 , 3030 ; 2001, 952 , 2709 , 2939 ; 2003, 191 , 333 , 1613 , 3251 , 3265 )
The Board may establish a plan of life, accident or health
insurance and provide for the payment of contributions into the Fund for
the Public Employees’ Benefits Program established pursuant to NRS
287.0435 , a schedule of benefits and
the disbursement of benefits from the Fund. The Board may reinsure any
risk or any part of such a risk.
(Added to NRS by 1983, 1342; A 1985, 268; 1987, 327; 1991, 660;
1999, 3031 )
[Effective through June 30, 2006.] If
the Board provides health insurance through a plan of self-insurance, it
shall comply with the provisions of NRS 689B.255 , 695G.150 , 695G.160 , 695G.164 , 695G.170 , 695G.173 , 695G.200 to 695G.230 , inclusive, and 695G.241 to 695G.310 , inclusive, in the same manner as an insurer that is
licensed pursuant to title 57 of NRS is required to comply with those
provisions.
(Added to NRS by 2001, 2938 ; A 2003, 785 , 3373 , 3536 )
[Effective July 1, 2006.] If the Board
provides health insurance through a plan of self-insurance, it shall
comply with the provisions of NRS 689B.255 , 695G.150 , 695G.160 , 695G.164 , 695G.170 , 695G.173 , 695G.200 to 695G.230 , inclusive, 695G.241 to 695G.310 , inclusive, and 695G.405 , in the same manner as an insurer that is licensed pursuant
to title 57 of NRS is required to comply with those provisions.
(Added to NRS by 2001, 2938 ; A 2003, 785 , 3373 , 3536 ; 2005, 2348 , effective July 1, 2006)
The
Board may:
1. Use its assets to pay the expenses of health care for its
members and covered dependents, to pay its employees’ salaries and to pay
administrative and other expenses.
2. Enter into contracts relating to the administration of the
Program, including, without limitation, contracts with licensed
administrators and qualified actuaries. Each such contract with a
licensed administrator:
(a) Must be submitted to the Commissioner of Insurance not less
than 30 days before the date on which the contract is to become effective
for approval as to the reasonableness of administrative charges in
relation to contributions collected and benefits provided.
(b) Does not become effective unless approved by the Commissioner.
(c) Shall be deemed to be approved if not disapproved by the
Commissioner within 30 days after its submission.
3. Enter into contracts with physicians, surgeons, hospitals,
health maintenance organizations and rehabilitative facilities for
medical, surgical and rehabilitative care and the evaluation, treatment
and nursing care of members and covered dependents. The Board shall not
enter into a contract pursuant to this subsection unless:
(a) Provision is made by the Board to offer all the services
specified in the request for proposals, either by a health maintenance
organization or through separate action of the Board.
(b) The rates set forth in the contract are based on:
(1) For active and retired state officers and employees and
their dependents, the commingled claims experience of such active and
retired officers and employees and their dependents; and
(2) For active and retired officers and employees of public
agencies enumerated in NRS 287.010 that
contract with the Program to obtain group insurance by participation in
the Program and their dependents, the commingled claims experience of
such active and retired officers and employees and their dependents.
4. Enter into contracts for the services of other experts and
specialists as required by the Program.
5. Charge and collect from an insurer, health maintenance
organization, organization for dental care or nonprofit medical service
corporation, a fee for the actual expenses incurred by the Board or a
participating public agency in administering a plan of insurance offered
by that insurer, organization or corporation.
(Added to NRS by 1987, 325; A 1991, 660; 1999, 2821 , 3032 ; 2001, 204 , 2711 ; 2003, 3253 , 3267 )
1. All money received for the Program, including, without
limitation, premiums and contributions, must be deposited in the State
Treasury for credit to the Fund for the Public Employees’ Benefits
Program which is hereby created as a trust fund. The Fund must be
accounted for as an internal service fund. Payments into and
disbursements from the Fund must be so arranged as to keep the Fund
solvent at all times.
2. The money in the Fund must be invested as other money of the
State is invested and any income from investments paid into the Fund for
the benefit of the Fund.
3. Disbursements from the Fund must be made as any other claims
against the State are paid.
4. The State Treasurer may charge a reasonable fee for his
services in administering the Fund, but the State, the State General Fund
and the State Treasurer are not liable to the Fund for any loss sustained
by the Fund as a result of any investment made on behalf of the Fund or
any loss sustained in the operation of the Program.
5. The Board shall deposit any disbursement received from the Fund
into an interest-bearing checking account in a bank or credit union
qualified to receive deposits of public money. Claims that have been
submitted to the Program and approved must be paid from the account, and
any refund of such a claim must be deposited into the account.
(Added to NRS by 1983, 1342; A 1985, 544; 1991, 660; 1999, 3032
; 2001, 953 )
Except for the files of individual members
and former members, the correspondence, files, minutes, audio recordings,
transcripts and books of the Program are, except as otherwise provided in
NRS 241.035 , public records.
(Added to NRS by 1987, 326; A 1999, 3033 ; 2005, 1410 )
1. A participating public agency shall furnish to the Board:
(a) Written notice regarding a change in the status of an employee
of the participating public agency or a dependent of such an employee
that affects the eligibility of the employee or dependent to participate
in the Program. Such notice must be provided to the Program, on a form
prescribed by the Program, within 15 calendar days after the
participating public agency is notified or otherwise becomes aware of the
change in status.
(b) Upon request, any other information necessary to carry out the
provisions of this chapter.
2. Members of the Board and its employees or agents may examine
under oath any officer, agent or employee of a participating public
agency concerning the information required pursuant to this section.
3. The books, records and payrolls of a participating public
agency must be available for inspection by members of the Board and its
employees and agents to obtain any information necessary for the
administration of the Program, including, without limitation, the
accuracy of the payroll and identity of employees.
4. A participating public agency shall reimburse the Program for
any premium or contribution that was not paid to the Program as a result
of the failure of the participating public agency to furnish the notice
required pursuant to paragraph (a) of subsection 1. The participating
public agency shall not require any employee or his dependent to
reimburse the participating public agency for the amount of any premium
or contribution for which the participating public agency is liable to
the Program pursuant to this subsection.
(Added to NRS by 1987, 326; A 1991, 661; 1999, 3033 ; 2003, 3268 )
1. A part of the cost of the premiums or contributions for group
insurance provide by the Program, not to exceed the amount specified by
law, applied to both group life and group accident or health coverage,
for each state officer, except a Senator or Assemblyman, or employee
electing to participate in the Program, may be paid by the participating
state agency which employs the officer or employee in whose behalf that
part is paid from money appropriated to or authorized for that
participating state agency for that purpose. Participation by the State
in the cost of premiums or contributions must not exceed the amounts
specified by law. If a state officer or employee chooses to cover his
dependents, whenever this option is made available by the Board, except
as otherwise provided in NRS 287.021
and 287.0477 , he must pay the
difference between the amount of the premium or contribution for the
coverage for himself and his dependents and the amount paid by the
participating state agency that employs the officer or employee.
2. A participating state agency shall not pay any part of those
premiums or contributions if the group life insurance or group accident
or health insurance is not approved by the Board.
(Added to NRS by 1963, 1320; A 1965, 1026; 1967, 1580; 1969, 466;
1971, 509; 1973, 261; 1975, 1137; 1977, 454; 1979, 208, 933; 1981, 222,
1330; 1983, 1343, 2013; 1985, 845; 1991, 661; 1999, 2610 , 3033 ; 2003, 1613 , 3268 )
The participating state agency which employed a state officer
or employee who:
1. Was injured in the course of that employment;
2. Receives compensation for a temporary total disability pursuant
to NRS 616C.475 ; and
3. Was a member of the Program at the time of the injury,
Ê shall pay the State’s share of the cost of the premiums or
contributions for the Program for that officer or employee for not more
than 9 months after the injury or until the officer or employee is able
to return to work, whichever is less. If the previous injury recurs
within 1 month after the employee returns to work and the employee again
receives compensation pursuant to NRS 616C.475 as a result of the previous injury, the participating state
agency shall not, except as otherwise provided in this section, pay the
State’s share of the cost of the premiums or contributions for the period
during which the employee is unable to work as a result of the recurring
previous injury. If the initial period of disability was less than 9
months, the participating state agency shall pay, during the recurrence,
the State’s share of the costs of the premiums or contributions for a
period which, when added to the initial period, equals not more than 9
months.
(Added to NRS by 1983, 668; A 1991, 250; 1999, 3034 ; 2003, 3269 )
1. Except as otherwise provided in this section, every state
officer or employee is eligible to participate in the Program on the
first day of the month following the completion of 90 days of full-time
employment.
2. Professional employees of the Nevada System of Higher Education
who have annual employment contracts are eligible to participate in the
Program on:
(a) The effective dates of their respective employment contracts,
if those dates are on the first day of a month; or
(b) The first day of the month following the effective dates of
their respective employment contracts, if those dates are not on the
first day of a month.
3. Every officer or employee who is employed by a participating
local governmental agency on a permanent and full-time basis on the date
on which the participating local governmental agency enters into an
agreement to participate in the Program pursuant to paragraph (a) of
subsection 1 of NRS 287.025 , and every
officer or employee who commences his employment with that participating
local governmental agency after that date, is eligible to participate in
the Program on the first day of the month following the completion of 90
days of full-time employment.
4. Every Senator and Assemblyman is eligible to participate in the
Program on the first day of the month following the 90th day after his
initial term of office begins.
5. An officer or employee of the governing body of any county,
school district, municipal corporation, political subdivision, public
corporation or other local governmental agency of the State of Nevada who
retires under the conditions set forth in NRS 1A.350 or 1A.480 , or 286.510 or 286.620
and was not participating in the Program at the time of his retirement is
eligible to participate in the Program 60 days after notice of the
selection to participate is given pursuant to NRS 287.023 .
6. Notwithstanding the provisions of subsections 1, 3 and 4, if
the Board does not, pursuant to NRS 689B.580 , elect to exclude the Program from compliance with NRS
689B.340 to 689B.590 , inclusive, and if the coverage under the Program is
provided by a health maintenance organization authorized to transact
insurance in this State pursuant to chapter 695C of NRS, any affiliation period imposed by the Program may not
exceed the statutory limit for an affiliation period set forth in NRS
689B.500 .
(Added to NRS by 1963, 1320; A 1965, 124, 1026; 1967, 1581; 1969,
466, 1428; 1981, 222; 1985, 622; 1989, 1966; 1993, 385, 876; 1995, 1958;
1997, 2961; 1999, 3034 ; 2001, 216 , 954 , 1926 ; 2001 Special Session, 96 ; 2003, 3254 , 3269 )
1. Except as otherwise provided in subsection 6, any active state
officer or employee who elects to participate in the Program may
participate, and the participating state agency that employs the officer
or employee shall pay the State’s share of the cost of the premiums or
contributions for the Program from money appropriated or authorized as
provided in NRS 287.044 . State officers
and employees who elect to participate in the Program must authorize
deductions from their compensation for the payment of premiums or
contributions for the Program. Any deduction from the compensation of a
state officer or employee for the payment of a premium or contribution
for health insurance must be based on the actual amount of the premium or
contribution after deducting any amount of the premium or contribution
which is paid by the participating state agency that employs the employee.
2. The Department of Personnel shall pay a percentage of the base
amount provided by law for that fiscal year toward the cost of the
premiums or contributions for the Program for persons who have retired
with state service and who elect to participate in the Program. Except as
otherwise provided in subsection 3, the percentage to be paid must be
calculated as follows:
(a) For those persons who retire before January 1, 1994, 100
percent of the base amount provided by law for that fiscal year.
(b) For those persons who retire on or after January 1, 1994, with
at least 5 years of state service, 25 percent plus an additional 7.5
percent for each year of state service in excess of 5 years to a maximum
of 137.5 percent, excluding service purchased pursuant to NRS 1A.310
or 286.300 , of the base amount provided by law for that
fiscal year.
3. If the amount calculated pursuant to subsection 2 exceeds the
actual premium or contribution for the plan of the Program that the
retired participant selects, the balance must be credited to the Fund for
the Public Employees’ Benefits Program created pursuant to NRS 287.0435
.
4. For the purposes of subsection 2:
(a) Credit for service must be calculated in the manner provided by
chapter 286 of NRS.
(b) No proration may be made for a partial year of state service.
5. The Department shall agree through the Board with the insurer
for billing of remaining premiums or contributions for the retired
participant and his dependents to the retired participant and to his
dependents who elect to continue coverage under the Program after his
death.
6. A Senator or Assemblyman who elects to participate in the
Program shall pay the entire premium or contribution for his insurance.
(Added to NRS by 1963, 1320; A 1965, 1026; 1969, 467; 1979, 1075;
1981, 222, 875, 1684; 1983, 640, 1344; 1985, 41; 1987, 504; 1991, 661;
1993, 1155; 1999, 3035 ; 2001, 2940 ; 2001 Special Session, 97 ; 2003, 258 , 3255 , 3270 )
1. If an officer or employee of the State or a dependent of such
an officer or employee incurs an illness or injury for which medical
services are payable under the plan for self-insurance established by the
Board and the illness or injury is incurred under circumstances creating
a legal liability in some person, other than the officer, employee or
dependent, to pay all or part of the cost of those services, the Board is
subrogated to the right of the officer, employee or dependent to the
extent of all such costs, and may join or intervene in any action by the
officer, employee or dependent or his successors in interest, to enforce
that legal liability.
2. If an officer, employee or dependent or his successors in
interest fail or refuse to commence an action to enforce that legal
liability, the Board may commence an independent action, after notice to
the officer, employee or dependent or his successors in interest, to
recover all costs to which it is entitled. In any such action by the
Board, the officer, employee or dependent may be joined as a third party
defendant.
3. If the Board is subrogated to the rights of the officer,
employee or dependent or his successors in interest as provided in
subsection 1, the Board has a lien upon the total proceeds of any
recovery from the persons liable, whether the proceeds of the recovery
are by way of a judgment or settlement or otherwise. Within 15 days after
recovery by receipt of the proceeds of the judgment, settlement or other
recovery, the officer, employee or dependent or his successors in
interest shall notify the Board of the recovery and pay the Board the
amount due to it pursuant to this section. The officer, employee or
dependent or his successors in interest are not entitled to double
recovery for the same injury.
4. The officer, employee or dependent or his successors in
interest shall notify the Board in writing before entering any settlement
or agreement or commencing any action to enforce the legal liability
referred to in subsection 1.
(Added to NRS by 1987, 1399; A 1991, 662; 1999, 3036 )
1. A participating state employee whose position is only
authorized for 4 to 6 months every other year and who plans to return to
the same or a similar position for the next period during which such a
position is authorized may retain his membership in and his dependents’
coverage by the Program after his employment ceases for:
(a) Six full calendar months in addition to the period of extended
coverage required by federal law following the termination of employment;
or
(b) Twenty-four full calendar months, if no period of extended
coverage is required by federal law.
2. An employee who elects to continue his participation in the
program pursuant to subsection 1 shall pay the entire premium or
contribution plus allowable administrative fees for his insurance until
the date on which he is reemployed.
3. Failure to return to the same or a similar position for any
reason, whether the decision was made by the former employee or the
State, does not affect the application of this section.
(Added to NRS by 1999, 3024 )
If the retention is consistent with the terms of
any agreement between the State and the insurance company which issued
the policies pursuant to the Program or with the plan of self-insurance
of the Program:
1. A participating state officer or employee who retires on or
after July 1, 1985, may retain his membership in and his dependents’
coverage by the Program.
2. A participating Legislator who retires from the service of the
State or who completes 8 years of service as such may retain his
membership in and his dependents’ coverage by the Program.
(Added to NRS by 1963, 1320; A 1965, 1027; 1969, 467; 1979, 1076;
1981, 223; 1983, 1100, 1344; 1985, 41; 1991, 250; 1999, 3037 ; 2003, 3271 )
1. A public officer or employee who has retired pursuant to NRS
1A.350 or 1A.480 , or 286.510 or 286.620 ,
or a retirement program provided pursuant to NRS 286.802 , or the surviving spouse of such a retired
public officer or employee who is deceased may, in any even-numbered
year, reinstate any insurance, except life insurance, which was provided
to him and his dependents at the time of his retirement pursuant to NRS
287.010 , 287.015 , 287.020 or
paragraph (b), (c) or (d) of subsection 1 of NRS 287.025 or the Program as a public officer or employee
by:
(a) Giving written notice of his intent to reinstate the insurance
to the last public employer of the public officer or employee not later
than January 31 of an even-numbered year;
(b) Accepting the public employer’s current program or plan of
insurance and any subsequent changes thereto; and
(c) Paying any portion of the premiums or contributions of the
public employer’s program or plan of insurance, in the manner set forth
in NRS 1A.470 or 286.615 , which are due from the date of reinstatement
and not paid by the public employer.
Ê The last public employer shall give the insurer notice of the
reinstatement no later than March 31 of the year in which the public
officer or employee or surviving spouse gives notice of his intent to
reinstate the insurance.
2. Reinstatement of insurance excludes claims for expenses for any
condition for which medical advice, treatment or consultation was
rendered within 12 months before reinstatement unless the reinstated
insurance has been in effect more than 12 consecutive months.
3. The last public employer of a retired officer or employee who
reinstates insurance, except life insurance, which was provided to him
and his dependents at the time of his retirement pursuant to NRS 287.010
, 287.015 , 287.020 or
paragraph (b), (c) or (d) of subsection 1 of NRS 287.025 , shall, for the purpose of establishing
actuarial data to determine rates and coverage for such persons,
commingle the claims experience of such persons with the claims
experience of active and retired officers and employees and their
dependents who participate in that group insurance, plan of benefits or
medical and hospital service.
(Added to NRS by 1987, 503; A 1993, 482; 1999, 3037 ; 2001 Special Session, 98 ; 2003, 2740 , 3256 , 3271 )
1. Except as otherwise provided in subsection 4, the surviving
spouse and any surviving child of a police officer or firefighter who was
employed by a participating public agency and who was killed in the line
of duty may join or continue coverage under the Public Employees’
Benefits Program or another insurer or employee benefit plan approved by
the Board pursuant to NRS 287.0479 if
the police officer or firefighter was a participant or would have been
eligible to participate on the date of the death of the police officer or
firefighter. If the surviving spouse or child elects to join or
discontinue coverage under the Public Employees’ Benefits Program
pursuant to this subsection, the spouse, child or legal guardian of the
child must notify in writing the participating public agency that
employed the police officer or firefighter within 60 days after the date
of death of the police officer or firefighter.
2. Except as otherwise provided in subsection 4, the surviving
spouse and any surviving child of a volunteer firefighter who was killed
in the line of duty and who was officially a member of a volunteer fire
department in this State is eligible to join the Public Employees’
Benefits Program. If such a spouse or child elects to join the Public
Employees’ Benefits Program, the spouse, child or legal guardian of the
child must notify in writing the Board within 60 days after the date of
death of the volunteer firefighter.
3. The participating public agency that employed the police
officer or firefighter shall pay the entire cost of the premiums or
contributions for the Public Employees’ Benefits Program or another
insurer or employee benefit plan approved by the Board pursuant to NRS
287.0479 for the surviving spouse or
child who meets the requirements set forth in subsection 1. The State of
Nevada shall pay the entire cost of the premiums or contributions for the
Public Employees’ Benefits Program for the surviving spouse or child who
elects to join the Public Employees’ Benefits Program pursuant to
subsection 2.
4. A surviving spouse is eligible to receive coverage pursuant to
this section for the duration of the life of the surviving spouse. A
surviving child is eligible to receive coverage pursuant to this section
until the child reaches:
(a) The age of 18 years; or
(b) The age of 23 years, if the child is enrolled as a full-time
student in an accredited university, college or trade school.
5. As used in this section “police officer” has the meaning
ascribed to it in NRS 617.135 .
(Added to NRS by 1999, 2608 ; A 1999, 3046 , 3047 ; 2003, 1613 ; 2005, 324 )
1. If approved by the Board pursuant to this section, a group of
not less than 300 active state officers or employees or retired state
officers or employees, or any combination thereof, that participate in
the Program may leave the Program and secure life, accident or health
insurance, or any combination thereof, for the group from an:
(a) Insurer that is authorized by the Commissioner of Insurance to
provide such insurance; or
(b) Employee benefit plan, as defined in 29 U.S.C. § 1002(3), that
has been approved by the Board. The Board may approve an employee benefit
plan unless the Board finds that the plan is not operated pursuant to
such sound accounting and financial management practices as to ensure
that the group will continue to receive adequate benefits.
2. Before entering into a contract with the insurer or approved
employee benefit plan, the group shall submit the proposed contract to
the Board for approval. The Board may approve the contract unless the
departure of the group from the Program would cause an increase of more
than 5 percent in the costs of premiums or contributions for the
remaining participants in the Program. In determining whether to approve
a proposed contract, the Board shall follow the criteria set forth in the
regulations adopted by the Board pursuant to subsection 4 and may
consider the cumulative impact of groups that have left or are proposing
to leave the Program. Except as otherwise provided in this section, the
Board has discretion in determining whether to approve a contract. If the
Board approves a proposed contract pursuant to this subsection, the group
that submitted the proposed contract is not authorized to leave the
Program until 120 days after the date on which the Board approves the
proposed contract.
3. The Board shall disburse periodically to the insurer or
employee benefit plan with which a group contracts pursuant to this
section the total amount set forth in the contract for premiums or
contributions for the members of the group for that period but not to
exceed the amount appropriated to or authorized for the participating
state agency that employs the members of the group for premiums or
contributions for the members of the group for that period, after
deducting any administrative costs related to the group.
4. The Board shall adopt regulations establishing the criteria
pursuant to which the Board will approve proposed contracts pursuant to
subsection 2.
(Added to NRS by 1999, 3025 ; A 2003, 3272 )
NRS 287.0402
to 287.047 , inclusive, do not require
any officer or employee of the State of Nevada to accept or join the
Program, or to assign his wages or salary in payment of premiums or
contributions for the Program.
(Added to NRS by 1963, 1320; A 1965, 1027; 1969, 467; 1983, 1344;
1991, 251; 1999, 3038 ; 2003, 3273 )
The cost of premiums or contributions for the Program as provided in NRS
287.044 must be budgeted for as other
expenditures of the State are budgeted for.
(Added to NRS by 1963, 1320; A 1967, 98; 1971, 509; 1983, 1345;
1999, 3038 )
PARTICIPATION OF EMPLOYEES OF STATE AND ITS POLITICAL SUBDIVISIONS IN
FEDERAL OLD-AGE AND SURVIVORS’ INSURANCE
In order to extend
to employees of the State and its political subdivisions, and to the
dependents and survivors of such employees, the basic protection accorded
to others by the Old-Age and Survivors Insurance System embodied in the
Social Security Act, it is hereby declared to be the policy of the
Legislature, subject to the limitations of NRS 287.050 to 287.240 ,
inclusive, that such steps be taken as to provide such protection to
employees of the State and its political subdivisions who are not
eligible to participate in the Public Employees’ Retirement System
(chapter 286 of NRS) on as broad a basis as
is permitted under the Social Security Act.
[1:420:1955]—(NRS A 1977, 478)
For the purposes of NRS 287.050
to 287.240 , inclusive, “employee” includes an officer of
a state or political subdivision thereof.
[Part 2:420:1955]
For the purposes of NRS
287.050 to 287.240 , inclusive, “employee tax” means the tax
imposed by section 1400 of the Internal Revenue Code of 1939 and section
3101 of the Internal Revenue Code of 1954.
[Part 2:420:1955]
1. For the purposes of NRS 287.050 to 287.240 ,
inclusive, “employment” means any service performed by an employee in the
employ of the State or any political subdivision thereof for such
employer, except:
(a) Service which in the absence of an agreement entered into under
NRS 287.050 to 287.240 , inclusive, would constitute “employment” as
defined in the Social Security Act; or
(b) Service which under the Social Security Act may not be included
in an agreement between the State and the Secretary entered into under
NRS 287.050 to 287.240 , inclusive.
2. Civilian employees of the National Guard units of this state
who are employed pursuant to section 90 of the National Defense Act of
June 3, 1916 (32 U.S.C., sec. 42), and paid from funds allotted to such
units by the Department of Defense, shall for the purposes of NRS 287.050
to 287.240 , inclusive, be deemed to be employees of the
State and shall be deemed to be a separate coverage group.
3. Individuals employed pursuant to an agreement entered into
pursuant to section 205 of the Agricultural Marketing Act of 1946 (7
U.S.C., sec. 1624) or section 14 of the Perishable Agricultural
Commodities Act, 1930 (7 U.S.C., sec. 499n), between this state and the
United States Department of Agriculture to perform services as inspectors
of agricultural products shall be deemed by this state for the purposes
of NRS 287.050 to 287.240 , inclusive, to be employees of this state and
shall be deemed to be a separate coverage group.
[Part 2:420:1955]
For
the purposes of NRS 287.050 to 287.240
, inclusive, “Federal Insurance
Contributions Act” means subchapter A of chapter 9 of the Internal
Revenue Code of 1939 and subchapters A and B of chapter 21 of the
Internal Revenue Code of 1954, as such codes have been and may from time
to time be amended.
[Part 2:420:1955]
For the purposes of
NRS 287.050 to 287.240 , inclusive, “political subdivision” includes
an instrumentality of a state, of one or more of its political
subdivisions, or of this State and one or more of its political
subdivisions, but only if such instrumentality is a juristic entity which
is legally separate and distinct from the State or subdivision and only
if its employees are not by virtue of their relation to such juristic
entity employees of the State or subdivision.
[Part 2:420:1955]
For the purposes of NRS 287.050
to 287.240 , inclusive, “Secretary” means the Secretary of
Health and Human Services and includes:
1. Any person to whom the Secretary has delegated any of his
functions under the Social Security Act with respect to coverage under
such act of employees of states and their political subdivisions; and
2. With respect to any action taken prior to April 11, 1953, the
Federal Security Administrator and any person to whom the Administrator
had delegated any such function.
[Part 2:420:1955]—(NRS A 1983, 130)
For the purposes of
NRS 287.050 to 287.240 , inclusive, “Social Security Act” means the
Act of Congress approved August 14, 1935, chapter 531, 49 Stat. 620,
officially cited as the “Social Security Act” (including regulations and
requirements issued pursuant thereto), as such Act has been and may from
time to time be amended.
[Part 2:420:1955]
For the purposes of NRS
287.050 to 287.240 , inclusive, “state agency” means the
Employment Security Division of the Department of Employment, Training
and Rehabilitation or such other agency as the Governor may appoint to
administer NRS 287.050 to 287.240
, inclusive.
[Part 2:420:1955]—(NRS A 1993, 1552)
For the purposes of NRS 287.050
to 287.240 , inclusive, “wages” means all remuneration for
employment as defined in NRS 287.080 ,
including the cash value of all remuneration paid in any medium other
than cash, except that the term shall not include that part of such
remuneration which, even if it were for “employment” within the meaning
of the Federal Insurance Contributions Act, would not constitute “wages”
within the meaning of that Act.
[Part 2:420:1955]
The state agency
is hereby authorized on behalf of the State to maintain in full force and
effect the agreement and modifications thereof entered into between the
State and the Federal Security Administrator on and after November 24,
1953, and with the approval of the Governor to enter into modification
thereof (hereafter included in the term “agreement”) with the Secretary,
consistent with the terms and provisions of NRS 287.050 to 287.240 ,
inclusive, for the purpose of extending the benefits of the Federal
Old-Age and Survivors Insurance System to employees of the State or any
political subdivision thereof with respect to services specified in the
agreement which constitute employment (as defined in NRS 287.080 ). The agreement may contain provisions
relating to coverage, benefits, contributions, effective date,
modification and termination of the agreement, administration and other
appropriate provisions which the state agency and the Secretary agree
upon, but, except as may be otherwise required by or under the Social
Security Act as to the services to be covered, the agreement shall
provide in effect that:
1. Benefits will be provided for employees whose services are
covered by the agreement (and their dependents and survivors) on the same
basis as though such services constituted employment within the meaning
of Title II of the Social Security Act.
2. The state will pay to the Secretary of the Treasury, at the
time or times prescribed under the Social Security Act, contributions
with respect to wages (as defined in NRS 287.140 ), equal to the sum of the taxes which would be
imposed by the Federal Insurance Contributions Act if the services
covered by the agreement constituted employment within the meaning of
that Act.
3. The agreement shall be effective with respect to services in
employment covered by the agreement performed after a date specified
therein but in no event may it be effective with respect to any services
performed earlier than the last day of the sixth calendar year preceding
the year in which the agreement is entered into or in which the
modification of the agreement making it applicable to such services is
entered into, except that:
(a) A modification entered into after December 31, 1954, and prior
to January 1, 1958, may be effective with respect to services performed
after December 31, 1954, or after a later date specified in the
modification; and
(b) Where the State or a political subdivision of the State has
attempted to secure the extension of the benefits provided by Title II of
the Social Security Act to its employees, or to any of its employees
constituting a coverage group as that term is defined in Section 218 of
the Social Security Act, but through error has pursued improper
procedures, or where any modification to the agreement heretofore or
hereafter executed contains an error, a modification may be executed
effective with respect to services performed by those employees of the
State or of the political subdivision, as the case may be, as of that
date as of which a modification could have been effective if proper
procedures had been pursued or if no error had occurred in the
modification by which benefits were sought to be secured.
4. All services which constitute employment (as defined in NRS
287.080 ) and are performed in the
employ of the State by employees of the State may be covered by the
agreement.
5. All services which:
(a) Constitute employment (as defined in NRS 287.080 );
(b) Are performed in the employ of a political subdivision of the
State; and
(c) Are covered by a plan which is in conformity with the terms of
the agreement and has been approved by the state agency under NRS 287.180
,
Ê shall be covered by the agreement.
[Part 3:420:1955]—(NRS A 1957, 185; 1977, 479)
1. Any instrumentality jointly created by this state and any other
state or states is authorized, upon the granting of like authority by
such other state or states:
(a) To enter into an agreement with the Secretary whereby the
benefits of the Federal Old-Age and Survivors Insurance System shall be
extended to employees of such instrumentality.
(b) To require its employees to pay (and for that purpose to deduct
from their wages) contributions equal to the amounts which they would be
required to pay under subsection 1 of NRS 287.170 if they were covered by an agreement made
pursuant to NRS 287.150 .
(c) To make payments to the Secretary of the Treasury in accordance
with such agreement, including payments from its own funds, and otherwise
to comply with such agreements.
2. Such agreement shall, to the extent practicable, be consistent
with the terms and provisions of NRS 287.150 and other provisions of NRS 287.050 to 287.240 ,
inclusive.
[Part 3:420:1955]
1. Every employee of the State whose services are covered by an
agreement entered into under NRS 287.150 shall be required to pay for the period of
such coverage, into the Social Security Revolving Fund established by NRS
287.200 , contributions, with respect to
wages (as defined in NRS 287.140 ),
equal to the amount of the employee tax which would be imposed by the
Federal Insurance Contributions Act if such services constituted
employment within the meaning of that Act. Such liability shall arise in
consideration of the employee’s retention in the service of the State, or
his entry upon such service, after March 29, 1955.
2. The contribution imposed by this section shall be collected by
deducting the amount of the contribution from wages as and when paid, but
failure to make such deduction shall not relieve the employee from
liability for such contribution.
3. If more or less than the correct amount of the contribution
imposed by this section is paid or deducted with respect to any
remuneration, proper adjustments, or refund if adjustment is
impracticable, shall be made, without interest, in such manner and at
such times as the state agency shall prescribe.
[4:420:1955]
1. Each political subdivision of the State is authorized to submit
for approval by the state agency a plan for extending the benefits of
Title II of the Social Security Act, in conformity with applicable
provisions of such Act, to employees of such political subdivision. Each
such plan and any amendment thereof shall be approved by the state agency
if it finds that such plan, or such plan as amended, is in conformity
with such requirements as are provided in regulations of the state
agency, except that no such plan shall be approved unless:
(a) It is in conformity with the requirements of the Social
Security Act and with the agreement entered into under NRS 287.150 or 287.160 .
(b) It provides that all services which constitute employment (as
defined in NRS 287.080 ) and are
performed in the employ of the political subdivision by employees thereof
shall be covered by the plan, except that it may exclude services
performed by individuals to whom section 218(c) (3) (c) of the Social
Security Act is applicable.
(c) It specifies the source or sources from which the funds
necessary to make the payments required by paragraph (a) of subsection 3
and by subsection 4 are expected to be derived and contains reasonable
assurance that such sources will be adequate for such purpose.
(d) It provides for such methods of administration of the plan by
the political subdivision as are found by the state agency to be
necessary for the proper and efficient administration of the plan.
(e) It provides that the political subdivision will make such
reports, in such form and containing such information, as the state
agency may from time to time require, and comply with such provisions as
the state agency or the Secretary may from time to time find necessary to
assure the correctness and verification of such reports.
(f) It authorizes the state agency to terminate the plan in its
entirety, in the discretion of the state agency, if it finds that there
has been a failure to comply substantially with any provision contained
in such plan, such termination to take effect at the expiration of such
notice and on such conditions as may be provided by regulations of the
state agency and may be consistent with the provisions of the Social
Security Act.
2. The state agency shall not finally refuse to approve a plan
submitted by a political subdivision under subsection 1, and shall not
terminate an approved plan, without reasonable notice and opportunity for
hearing to the political subdivision affected thereby.
3. Each political subdivision:
(a) As to which a plan has been approved under this section shall
pay into the Social Security Revolving Fund, with respect to wages (as
defined in NRS 287.140 ) at such time or
times as the state agency may by regulation prescribe, contributions in
the amounts and at the rates specified in the applicable agreement
entered into by the state agency under NRS 287.150 or 287.160 .
(b) Required to make payments under paragraph (a) of this
subsection is authorized, in consideration of the employee’s retention
in, or entry upon, employment after March 29, 1955, to impose upon each
of its employees, as to services which are covered by an approved plan, a
contribution with respect to his wages (as defined in NRS 287.140 ), not exceeding the amount of the employee tax
which would be imposed by the Federal Insurance Contributions Act if such
services constituted employment within the meaning of that Act, and to
deduct the amount of such contribution from his wages as and when paid.
Contributions so collected shall be paid into the Social Security
Revolving Fund in partial discharge of the liability of such political
subdivision or instrumentality under paragraph (a) of this subsection.
Failure to deduct such contribution shall not relieve the employee or
employer of liability therefor.
4. Delinquent payments due under paragraph (a) of subsection 3
may, with interest at the rate of 6 percent per annum, be recovered by
action in a court of competent jurisdiction against the political
subdivision liable therefor or may, at the request of the state agency,
be deducted from any other moneys payable to such subdivision by any
department or agency of the State.
[5:420:1955]
1. Except as provided in subsection 2, service of employees of the
State of Nevada or of any political subdivision thereof who are eligible
to participate in the Retirement System established pursuant to chapter
286 of NRS is specifically excluded from NRS
287.050 to 287.240 , inclusive.
2. Any certified public school teacher receiving a service
retirement allowance under the provisions of chapter 286 of NRS may, upon subsequent employment in the
position of substitute teacher in any school district in the State, file
a written request with the school district for coverage under the Social
Security Act, pursuant to the provisions of NRS 287.050 to 287.240 ,
inclusive.
[6:420:1955]—(NRS A 1971, 18; 1977, 480)
1. There is hereby established a special fund to be known as the
Social Security Revolving Fund. Such Fund shall consist of, and there
shall be deposited in such Fund:
(a) All contributions, interest and penalties collected under NRS
287.170 and 287.180 .
(b) All moneys appropriated thereto under NRS 287.050 to 287.240 ,
inclusive.
(c) Any property or securities and earnings thereof acquired
through the use of moneys belonging to the Fund.
(d) Interest earned upon any moneys in the Fund.
(e) All sums recovered upon the bond of the custodian or otherwise
for losses sustained by the Fund.
(f) All other moneys received for the Fund from any other source.
Ê All moneys in the Fund shall be mingled and undivided. Subject to the
provisions of NRS 287.050 to 287.240
, inclusive, the state agency is vested
with full power, authority and jurisdiction over the Fund, including all
moneys and property or securities belonging thereto, and may perform any
and all acts, whether or not specifically designated, which are necessary
to the administration thereof and are consistent with the provisions of
NRS 287.050 to 287.240 , inclusive.
2. The Social Security Revolving Fund shall be established and
held separate and apart from any other funds or moneys of the State and
shall be used and administered exclusively for the purposes of NRS
287.050 to 287.240 , inclusive. Withdrawals from such Fund shall
be made for:
(a) Payment of amounts required to be paid to the Secretary of the
Treasury pursuant to the agreement entered into pursuant to section 218
of the Social Security Act.
(b) Payment of refunds provided for in subsection 3 of NRS 287.170
.
(c) Refunds of overpayments, not otherwise adjustable, made by a
political subdivision or instrumentality.
3. From the Social Security Revolving Fund the State Treasurer
shall pay to the Secretary of the Treasury such amounts and at such time
or times as may be directed by the state agency in accordance with any
agreement entered into under NRS 287.150 and the Social Security Act.
4. The State Treasurer shall be ex officio treasurer and custodian
of the Social Security Revolving Fund and shall administer such Fund in
accordance with the provisions of NRS 287.050 to 287.240 ,
inclusive, and the directions of the state agency and shall pay all
warrants drawn upon it in accordance with the provisions of this section
and with such regulations as the state agency may prescribe pursuant
thereto.
5. All moneys in the Social Security Revolving Fund created under
the provisions of chapter 103, Statutes of Nevada 1953, on March 29,
1955, including the sum of $750 transferred thereto by the State
Treasurer from the General Fund pursuant to chapter 103, Statutes of
Nevada 1953, shall remain in the Social Security Revolving Fund created
by this section and shall not revert without further legislative
enactment. These moneys, including the sum of $750, in addition to the
contributions collected and paid into the Social Security Revolving Fund
under NRS 287.170 and 287.180 , are to be made available for the purposes of
subsections 2 and 3 of this section until expended, along with such
additional sums as are found to be necessary to make the payments to the
Secretary of the Treasury which this state is obligated to make pursuant
to the agreement of November 24, 1953, and modifications thereof entered
into under NRS 287.150 .
[7:420:1955]
1. There is hereby established a special fund to be known as the
Social Security Administration Fund. The Fund consists of and there must
be deposited in the Fund:
(a) All payments made by participating coverage groups for
assessments established by regulations adopted pursuant to NRS 287.050
to 287.240 , inclusive, to provide for the costs incurred
by the state agency in administering NRS 287.050 to 287.240 ,
inclusive.
(b) All money appropriated thereto under NRS 287.050 to 287.240 ,
inclusive.
(c) All remaining money collected for administration expense
pursuant to chapter 103, Statutes of Nevada 1953, and regulations
relating thereto.
2. The Social Security Administration Fund must not be commingled
with other state funds but must be maintained in a separate account on
the books of the depository. Withdrawals from the Fund are authorized and
may be used for:
(a) The payment of administrative costs of NRS 287.050 to 287.240 ,
inclusive;
(b) The payment of advances to the administrative fund of the state
agency covering estimated administrative costs of NRS 287.050 to 287.240 ,
inclusive;
(c) Refunds of assessments paid by participating coverage groups
which are not otherwise adjustable; and
(d) Reimbursement of advances made by the Employment Security
Division of the Department of Employment, Training and Rehabilitation for
costs of administration of chapter 103, Statutes of Nevada 1953.
[8:420:1955]—(NRS A 1993, 1553)
The state agency shall
adopt such regulations, not inconsistent with the provisions of NRS
287.050 to 287.240 , inclusive, as it finds necessary or
appropriate to the efficient administration of the functions with which
it is charged under NRS 287.050 to
287.240 , inclusive.
[9:420:1955]
The
state agency shall:
1. Make studies concerning the problem of Old-Age and Survivors
Insurance protection for employees of the State and local governments and
their instrumentalities and concerning the operation of agreements made
and plans approved under NRS 287.050 to
287.240 , inclusive.
2. Submit a report to the Legislature at the beginning of each
regular session covering the administration and operation of NRS 287.050
to 287.240 , inclusive, during the preceding biennium,
including such recommendations for amendments as it considers proper.
[10:420:1955]
Chapter 103,
Statutes of Nevada 1953, is repealed, but all liabilities and obligations
created by chapter 103, Statutes of Nevada 1953, or by any agreements
entered into under the authority thereof, shall continue in full force
and effect as if chapter 103, Statutes of Nevada 1953, had not been
repealed.
[12:420:1955]
PROGRAMS FOR REDUCTION OF TAXABLE INCOME FOR PUBLIC EMPLOYEES
1. The State may agree with any of its employees, and the Board of
Regents of the University of Nevada may agree with any of its employees,
to reduce the amount of taxable compensation due to an employee in
accordance with a program established pursuant to 26 U.S.C. § 125 by the
Board of the Public Employees’ Benefits Program.
2. Political subdivisions of this State may agree with any of
their employees to reduce the amount of taxable compensation due to an
employee in accordance with a program established pursuant to 26 U.S.C. §
125.
3. The employer shall deduct an amount from the taxable
compensation of an employee pursuant to the agreement between the
employer and the employee.
4. An employer shall not make any reduction in the taxable
compensation of an employee pursuant to this section until the program
established meets the requirements of 26 U.S.C. § 125 for eligibility.
5. The Board of the Public Employees’ Benefits Program may
establish and administer a program pursuant to 26 U.S.C. § 125. The Board
may:
(a) Create an appropriate fund for administration of money and
other assets resulting from the money deducted pursuant to the program.
(b) Delegate to one or more state agencies or institutions of the
Nevada System of Higher Education the responsibility for administering
the program for their respective employees, including, without limitation:
(1) Collection of money deducted;
(2) Transmittal of money collected to depositories within
the State designated by the Board; and
(3) Payment for eligible uses.
(c) Contract with a natural person, corporation, institution or
other entity, directly or through a state agency or institution of the
Nevada System of Higher Education, for services necessary to the
administration of the plan, including, without limitation:
(1) Consolidated billing;
(2) The keeping of records for each participating employee
and the program;
(3) The control and safeguarding of assets;
(4) Programs for communication with employees; and
(5) The administration and coordination of the program.
6. Each employee who participates in a program established by the
Board of the Public Employees’ Benefits Program pursuant to this section
shall pay a proportionate share of the cost to administer the program as
determined by the Board.
7. The provisions of this section do not supersede, make
inoperative or reduce the benefits provided by the Public Employees’
Retirement System or by any other retirement, pension or benefit program
established by law.
(Added to NRS by 1989, 937; A 1991, 663; 1993, 385, 2509; 1999,
3038 )
DEFERRED COMPENSATION FOR STATE EMPLOYEES
As used in NRS 287.250 to 287.370 ,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 287.260 to 287.310
, inclusive, have the meanings ascribed
to them in those sections.
(Added to NRS by 1977, 893; A 1995, 1868; 1999, 33 )
“Committee” means the Committee
established to administer the Program.
(Added to NRS by 1977, 894)
“Deferred
compensation” means income which a state employee or employee of the
Nevada System of Higher Education may legally set aside under the
Program, which may consist of one or more plans authorized by 26 U.S.C. §
401(a), 401(k), 403(b), 457 or 3121, including, without limitation, a
FICA alternative plan, or any other plan authorized by any federal law to
reduce taxable compensation or other forms of compensation, and which
income, while invested under the Program, is exempt from federal income
taxes on the employee’s contributions and interest, dividends and capital
gains.
(Added to NRS by 1977, 894; A 1979, 797; 1985, 1122; 1987, 1823;
1993, 386; 2001, 1004 ; 2003, 1408 )
“Investment” means a savings
account, certificate of deposit, fixed or variable annuity contract, life
insurance contract, mutual fund or other investment which the Committee
has approved for the Program.
(Added to NRS by 1977, 894)
“Program” means the Public
Employees’ Deferred Compensation Program authorized by NRS 287.250 to 287.370 ,
inclusive.
(Added to NRS by 1977, 894)
1. The State may agree with any of its employees, and the Board of
Regents of the University of Nevada may agree with any of its employees,
to defer the compensation due to them in accordance with a program
approved by the Committee which may consist of one or more plans
authorized by 26 U.S.C. § 401(a), 401(k), 403(b), 457 or 3121, including,
without limitation, a FICA alternative plan, or any other plan authorized
by any federal law to reduce taxable compensation or other forms of
compensation. The Board of Regents may agree with any of its employees to
defer the compensation due to them as authorized by 26 U.S.C. § 403(b)
without submitting the program to the Committee for its approval. An
employee may defer compensation under one or more plans in the Program.
2. The employer shall withhold the amount of compensation which an
employee has, by such an agreement, directed the employer to defer.
3. The employer may invest the withheld money in any investment
approved by the Committee or, in the case of deferred compensation under
26 U.S.C. § 403(b) for employees of the Nevada System of Higher Education
by the Board of Regents of the University of Nevada.
4. The investments must be underwritten and offered in compliance
with all applicable federal and state laws and regulations, and may be
offered only by persons who are authorized and licensed under all
applicable state and federal regulations.
5. All amounts of compensation deferred pursuant to the Program,
all property and all rights purchased with those amounts and all income
attributable to those amounts, property or rights must, in accordance
with 26 U.S.C. § 401(a), 401K, 403(b), 457(g) or 3121, including, without
limitation, a FICA alternative plan, or any other federal law authorizing
a plan to reduce taxable compensation or other forms of compensation, as
applicable, be held in trust for the exclusive benefit of the
participants in the Program and their beneficiaries.
(Added to NRS by 1977, 894; A 1979, 797; 1985, 1122; 1987, 1823;
1993, 386; 1999, 32 ; 2001, 1004 ; 2003, 1408 )
1. The Governor shall appoint a Committee to administer the
Program. The Committee must consist of:
(a) Three members who are employed by state agencies whose payrolls
are administered by the Department of Personnel;
(b) One member who is employed by a state agency whose payroll is
administered by an entity other than the Department of Personnel; and
(c) One member who has retired from employment by the State of
Nevada or the Nevada System of Higher Education.
Ê Each member of the Committee must be a participant in the Program, have
participated in the Program for not less than 2 years and have been
nominated for membership by five or more persons who have each
participated in the Program for not less than 6 months.
2. After their initial terms, members of the Committee serve terms
of 4 years or until their successors have been appointed and have
qualified.
3. A vacancy on the Committee occurs when a member dies, resigns
or becomes ineligible for membership on the Committee. A person becomes
ineligible for membership on the Committee when:
(a) He ceases to be a participant in the Program; or
(b) Except as otherwise provided in this paragraph, he ceases to
have the qualifications for membership required by the paragraph of
subsection 1 under which he was appointed. A member of the Committee who
ceases to have those qualifications may serve the remainder of his term
if that period does not exceed 24 months.
4. The member appointed pursuant to paragraph (c) of subsection 1
must be compensated $80 per day from money appropriated from the Program
pursuant to NRS 287.365 for attending a
meeting of the Committee and for acting at the direction of or on behalf
of the Committee.
5. For the purposes of this section, “participant in the Program”
means a person who is:
(a) Deferring compensation pursuant to the Program;
(b) Maintaining deferred compensation in the Program; or
(c) Receiving payments of deferred compensation pursuant to the
Program.
(Added to NRS by 1995, 1867; A 1997, 25)
1. The Committee shall:
(a) At its first meeting each year, designate one of its members to
serve as Chairman of the Committee for a term of 1 year or until his
successor has been designated.
(b) Act in such a manner as to promote the collective best
interests of the participants in the Program.
2. The Committee may:
(a) Create an appropriate account for administration of money and
other assets resulting from compensation deferred pursuant to the program.
(b) With the approval of the Governor, delegate to one or more
state agencies or institutions of the Nevada System of Higher Education
the responsibility for administering the Program for their respective
employees, including:
(1) Collection of deferred compensation;
(2) Transmittal of money collected to depositories within
the State designated by the Committee; and
(3) Payment of deferred compensation to participating
employees.
(c) Contract with a private person, corporation, institution or
other entity, directly or through a state agency or institution of the
Nevada System of Higher Education, for services necessary to the
administration of the plan, including, without limitation:
(1) Consolidated billing;
(2) The keeping of records for each participating employee
and the Program;
(3) The purchase, control and safeguarding of assets;
(4) Programs for communication with employees; and
(5) The administration and coordination of the Program.
3. The Committee and its individual members are not liable for any
decision relating to investments if the Committee has:
(a) Obtained the advice of qualified counsel on investments.
(b) Established proper objectives and policies relating to
investments.
(c) Discharged its duties regarding the decision:
(1) Solely in the interest of the participants in the
program; and
(2) With the care, skill, prudence and diligence that, under
the circumstances existing at the time of the decision, a prudent person
who is familiar with similar investments would use while acting in a
similar capacity in conducting an enterprise of similar character and
purpose.
(d) Selected at least two plans from separate and distinct
providers from which the participants in the Program may choose.
(e) Solicited proposals from qualified providers of plans at least
once every 5 years.
(Added to NRS by 1977, 894; A 1979, 797; 1985, 1122; 1991, 1759;
1993, 387; 1995, 1868; 1997, 278)
The interest and income earned on the money in the
deferred compensation account created pursuant to subsection 2 of NRS
287.330 in the State General Fund,
after deducting any applicable charges, must be credited to the account.
(Added to NRS by 1999, 33 )
1. Deferrals of compensation may be withheld as deductions from
the payroll in accordance with the agreement between the employer and a
participating employee.
2. The amount of deferred compensation set aside by the employer
to a plan under the Program during any calendar year may not exceed the
amount authorized by 26 U.S.C. § 401(a), 401(k), 403(b), 457 or 3121,
including, without limitation, a FICA alternative plan, or any other
federal law authorizing a plan to reduce taxable compensation or other
forms of compensation, as applicable.
(Added to NRS by 1977, 895; A 1979, 798; 1985, 1123; 1987, 1823;
2001, 1005 ; 2003, 1409 )
1. No plan in the Program becomes effective and no deferral may be
made until the plan meets the requirements of 26 U.S.C. § 401(a), 401(k),
403(b), 457 or 3121, including, without limitation, a FICA alternative
plan, or any other federal law authorizing a plan to reduce taxable
compensation or other forms of compensation, as applicable, for
eligibility.
2. Income deferred during a period in which no income tax is
imposed by the State or a political subdivision may not be taxed when
paid to the employee.
(Added to NRS by 1977, 895; A 1979, 798; 1987, 1824; 2001, 1005
; 2003, 1409 )
The Program must be established in addition to other
retirement, pension and benefit systems established by the State or the
Nevada System of Higher Education, and does not supersede, make
inoperative, or reduce benefits provided by the Public Employees’
Retirement System or by any other retirement, pension or benefit program
established by law.
(Added to NRS by 1977, 895; A 1985, 1123; 1993, 387)
1. No money may be withdrawn or appropriated from the Program,
except:
(a) For payment to a participant or beneficiary of a participant
pursuant to the terms of the Program;
(b) In the amount required to pay the necessary expenses of
administering the Program;
(c) As specifically authorized by federal law or regulation or by a
special act of the Legislature; or
(d) To compensate the member of the Committee appointed pursuant to
paragraph (c) of subsection 1 of NRS 287.325 .
2. All money withdrawn from the Program pursuant to paragraphs (b)
and (d) of subsection 1 must be deposited in the State General Fund for
credit to the deferred compensation account created pursuant to
subsection 2 of NRS 287.330 .
(Added to NRS by 1995, 1867; A 1997, 26; 1999, 33 )
No appropriated money of the State may be spent in connection
with the administration of the Program except as compensation for
employees who participated in the administration as part of their regular
duties, including without limitation:
1. Members and staff of the Committee; and
2. Employees of the state agency or the institution of the Nevada
System of Higher Education selected to administer the Program.
(Added to NRS by 1977, 895; A 1985, 1123; 1993, 387)
DEFERRED COMPENSATION FOR EMPLOYEES OF POLITICAL SUBDIVISIONS
As used in NRS 287.381 to 287.480 ,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 287.391 to 287.411
, inclusive, have the meanings ascribed
to them in those sections.
(Added to NRS by 1979, 799)
“Committee” means the committee
established to administer the program.
(Added to NRS by 1979, 799)
“Deferred
compensation” means income which an employee of a political subdivision
may legally set aside under the program, which may consist of one or more
plans authorized by 26 U.S.C. § 401(a), 401(k) or 457 and which income,
while invested under the program, is exempt from federal income taxes on
the employee’s contributions and interest, dividends and capital gains.
(Added to NRS by 1979, 799; A 1985, 1124; 2001, 1005 )
“Program” means the deferred
compensation program for employees of political subdivisions authorized
by NRS 287.381 to 287.480 , inclusive.
(Added to NRS by 1979, 799)
1. A political subdivision may agree with any of its employees to
defer the compensation due to them in accordance with a program approved
by the committee which may consist of one or more plans authorized by 26
U.S.C. § 401(a) or 457. An employee may defer compensation under one or
more plans in the program.
2. The political subdivision shall withhold the amount of
compensation which an employee has, by such an agreement, directed the
political subdivision to defer.
3. The political subdivision may invest the withheld money in any
investment permitted by law and approved by the committee.
4. The investments must be underwritten and offered in compliance
with all applicable federal and state laws and regulations, and may be
offered only by persons who are authorized and licensed under all
applicable state and federal regulations.
(Added to NRS by 1979, 799; A 2001, 1005 )
1. The governing body of a political subdivision may create an
appropriate fund for administration of money and other assets resulting
from compensation deferred under the program.
2. All amounts of compensation deferred pursuant to the program,
all property and rights purchased with those amounts, and all income
attributable to those amounts, property or rights must, in accordance
with 26 U.S.C. § 401(a) or 457(g), as applicable, be held in trust for
the exclusive benefit of the participants in the program and their
beneficiaries.
(Added to NRS by 1979, 799; A 1999, 161 ; 2001, 1005 )
1. The governing body of a political subdivision may appoint a
committee to which it may delegate the responsibility for administering
the program for its employees, including:
(a) Collection of deferred compensation;
(b) Transmittal of money collected to depositories within the
State; and
(c) Payment of deferred compensation to participating employees.
2. The committee may contract with a private person, corporation,
institution or other entity, directly or through an agency of the
political subdivision, for services necessary to the administration of
the plan, including without limitation:
(a) Consolidated billing;
(b) Recordkeeping for each participating employee and the program;
(c) Purchase, control and safeguarding of assets;
(d) Communication with its employees; and
(e) Administration and coordination of the program.
(Added to NRS by 1979, 799)
1. Deferrals of compensation may be withheld as payroll deductions
in accordance with the agreement between the political subdivision and a
participating employee.
2. The amount of deferred compensation set aside by the political
subdivision to a plan under the program during any calendar year may not
exceed the amount authorized by 26 U.S.C. § 401(a) or 457, as applicable.
(Added to NRS by 1979, 800; A 2001, 1005 )
1. No plan in the program becomes effective and no deferral may be
made until the plan meets the requirements of 26 U.S.C. § 401(a) or 457,
as applicable, for eligibility.
2. Income deferred during a period in which no income tax is
imposed by the State or a political subdivision may not be taxed when
paid to the employee.
(Added to NRS by 1979, 800, A 2001, 1006 )
The program is in addition to other retirement, pension
and benefit systems available to employees of the political subdivision
and does not supersede, make inoperative or reduce benefits provided by
the Public Employees’ Retirement System or by any other retirement,
pension or benefit program established by law.
(Added to NRS by 1979, 800)
No appropriated money of the political subdivision may be spent
in connection with the administration of the program except as
compensation for employees who participated in the administration as part
of their regular duties.
(Added to NRS by 1979, 800)
CONTRACTS FOR PREPAID PROFESSIONAL SERVICES
As used in NRS 287.500 to 287.530 ,
inclusive, unless the context otherwise requires:
1. “Employee organization” means an organization of any kind whose
members are governmental employees and has as one of its purposes the
improvement of the terms and conditions of employment of governmental
employees.
2. “Professional service” means any type of personal service which
may be performed only pursuant to a license, certificate of registration
or other authorization issued by this state, except services provided by
any person licensed under chapter 630 or 633 of NRS or by any medical facility or facility for the dependent as
defined in chapter 449 of NRS.
(Added to NRS by 1977, 993; A 1985, 514, 1758)
1. An employee organization may enter into a contract or other
type of agreement with any person authorized in this state to provide
professional services for the purpose of making the services available to
members of the organization.
2. The contract or agreement shall provide that the organization
will make periodic payments to the person rendering the professional
services and such payments will be made only after the services have been
performed.
(Added to NRS by 1977, 993)—(Substituted in revision for NRS
287.390)
The employee
organization shall:
1. Establish procedures for collecting assessments from its
members for the professional services; and
2. Report to its members the amount of money collected and the
types of professional services which are available.
(Added to NRS by 1977, 993)—(Substituted in revision for NRS
287.400)
1. The employee organization is trustee of any money collected
from its members for the payment of professional services.
2. Any claim by a member on account of money paid in shall be made
against the employee organization.
(Added to NRS by 1977, 994)—(Substituted in revision for NRS
287.410)
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