USA Statutes : nevada
Title : Title 01 - STATE JUDICIAL DEPARTMENT
Chapter : CHAPTER 1A - JUDICIAL RETIREMENT
 As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 1A.020
to 1A.090 , inclusive, have the meanings ascribed to
them in those sections.

      (Added to NRS by 2001 Special Session, 68 )
 “Board” means the Public Employees’
Retirement Board.

      (Added to NRS by 2001 Special Session, 68 )


      1.  “Compensation” means the salary paid to a justice of the
Supreme Court or district judge by this State, to a justice of the peace
by a county or to a municipal judge by a city, including:

      (a) Base pay, which is the monthly rate of pay excluding all fringe
benefits;

      (b) Additional payment for longevity; and

      (c) Payment for extra duty assignments if it is the standard
practice of this State, the county or the city to include such pay in the
employment contract or official job description for the calendar year in
which it is paid and such pay is specifically included in the justice’s
or judge’s employment contract or official job description.

      2.  The term does not include any type of payment not specifically
described in this section.

      (Added to NRS by 2001 Special Session, 68 ; A 2005, 990 )
 “Disability
retirement allowance” means monthly payments from the Judicial Retirement
Fund paid to disabled retired justices of the Supreme Court, district
judges, justices of the peace or municipal judges pursuant to the
Judicial Retirement Plan.

      (Added to NRS by 2001 Special Session, 68 ; A 2005, 990 )
 “Judicial
Retirement Plan” means the retirement plan established pursuant to NRS
1A.300 .

      (Added to NRS by 2001 Special Session, 68 )
 “Retired justice
or judge” means a justice of the Supreme Court, district judge, justice
of the peace or municipal judge who was a member of the Judicial
Retirement Plan at the time he retired or a justice of the Supreme Court
or district judge who decides, pursuant to NRS 1A.270 or 1A.280 , to receive benefits for retirement pursuant
to the Judicial Retirement Plan.

      (Added to NRS by 2001 Special Session, 68 ; A 2005, 990 )
 “Service” means all creditable
employment which is validated pursuant to the provisions of this chapter
and can be used in determining eligibility and scope of benefits for
justices of the Supreme Court, district judges, justices of the peace or
municipal judges pursuant to the Judicial Retirement Plan.

      (Added to NRS by 2001 Special Session, 68 ; A 2005, 991 )
 “Service
retirement allowance” means monthly payments from the Judicial Retirement
Fund paid to a retired justice of the Supreme Court, district judge,
justice of the peace or municipal judge pursuant to the Judicial
Retirement Plan for the remainder of his life.

      (Added to NRS by 2001 Special Session, 69 ; A 2005, 991 )
 “System” means the Judicial
Retirement System established pursuant to this chapter.

      (Added to NRS by 2001 Special Session, 69 )


      1.  A system of retirement providing benefits for the retirement,
disability or death of all justices of the Supreme Court and district
judges, and certain justices of the peace and municipal judges, and
funded on an actuarial reserve basis is hereby established and must be
known as the Judicial Retirement System.

      2.  The System consists of the Judicial Retirement Plan and the
provisions set forth in NRS 2.060 to
2.083 , inclusive, and 3.090 to 3.099 ,
inclusive, for providing benefits to justices of the Supreme Court or
district judges who served either as a justice of the Supreme Court or
district judge before November 5, 2002. Each justice of the Supreme Court
or district judge who is not a member of the Public Employees’ Retirement
System is a member of the Judicial Retirement System.

      3.  The official correspondence and records, other than the files
of individual members of the System or retired justices or judges, and,
except as otherwise provided in NRS 241.035 , the minutes, audio recordings, transcripts
and books of the System are public records and are available for public
inspection.

      4.  The System must be administered exclusively by the Board, which
shall make all necessary rules and regulations for the administration of
the System. The rules must include, without limitation, rules relating to
the administration of the retirement plans in accordance with federal
law. The Legislature shall regularly review the System.

      (Added to NRS by 2001 Special Session, 69 ; A 2005, 991 , 1405 )

 All records maintained for a member of the System, retired justice or
judge, justice of the Supreme Court or district judge who retired
pursuant to NRS 2.060 to 2.083 , inclusive, or pursuant to NRS 3.090 to 3.099 ,
inclusive, or his beneficiary may be reviewed and copied only by the
System, the member, the Court Administrator, the board of county
commissioners if the records concern a justice of the peace or retired
justice of the peace whom the board of county commissioners allowed to
participate in the Judicial Retirement Plan pursuant to NRS 1A.285 , the city council if the records concern a
municipal judge or retired municipal judge whom the city council allowed
to participate in the Judicial Retirement Plan pursuant to NRS 1A.285
, the spouse of the member, or the
retired justice or judge or his spouse, or pursuant to a court order, or
by a beneficiary after the death of the justice or judge on whose account
benefits are received pursuant to the System. Any member, retired justice
or judge, justice of the Supreme Court or district judge who retired
pursuant to NRS 2.060 to 2.083 , inclusive, or pursuant to NRS 3.090 to 3.099 ,
inclusive, or beneficiary may submit a written waiver to the System
authorizing his representative to review or copy all such records.

      (Added to NRS by 2001 Special Session, 69 ; A 2005, 991 )


      1.  Except as otherwise provided in NRS 1A.520 and 31A.150 and as limited by subsection 2, the right of
a person to a pension, an annuity, a retirement allowance, the pension,
annuity or retirement allowance itself, any optional benefit or death
benefit or any other right accrued or accruing to any person under the
provisions of this chapter, and the money in the Judicial Retirement
Fund, is:

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

      (b) Not subject to execution, garnishment, attachment or any other
process;

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

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

      (e) Exempt from assessment for the impairment or insolvency of any
life or health insurance company.

      2.  The System may withhold money from a benefit when the person
applying for or receiving the benefit owes money to the System.

      (Added to NRS by 2001 Special Session, 82 )


      1.  Applications for service retirement allowances or disability
retirement allowances must be submitted to the offices of the System on
forms approved by the Executive Officer of the Board. The form must not
be deemed filed unless it contains:

      (a) The member of the Judicial Retirement Plan’s selection of the
retirement plan contained in NRS 1A.440 or one of the optional plans provided in NRS
1A.450 ;

      (b) A notarized statement of the marital status of the member of
the Judicial Retirement Plan; and

      (c) If the member of the System is married, a statement of the
spouse’s consent or objection to the chosen retirement plan, signed by
the spouse and notarized.

      2.  Except as otherwise required by NRS 1A.390 , retirement becomes effective on whichever
of the following days is the later:

      (a) The day immediately following the applicant’s last day of
employment;

      (b) The day the completed application form is filed with the System;

      (c) The day immediately following the applicant’s last day of
creditable service; or

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

      3.  The selection of a retirement plan by a member of the Judicial
Retirement Plan and consent or objection to that plan by the spouse
pursuant to this section does not affect the responsibility of the member
concerning the rights of any present or former spouse.

      4.  The System is not liable for any damages resulting from the
false designation of marital status by a member of the System or a
retired justice or judge, or a justice of the Supreme Court or district
judge who retires pursuant to NRS 2.060
to 2.083 , inclusive, or pursuant to NRS
3.090 to 3.099 , inclusive.

      (Added to NRS by 2001 Special Session, 77 )
 Any person convicted of
the murder or voluntary manslaughter of a member of the System is
ineligible to receive any benefit conferred by any provision of this
chapter or NRS 2.060 to 2.083 , inclusive, or 3.090 to 3.099 ,
inclusive, by reason of the death of that member. The System may withhold
the payment of any benefit otherwise payable under this chapter by reason
of the death of any member of the System from any person charged with the
murder or voluntary manslaughter of that member, pending final
determination of those charges.

      (Added to NRS by 2001 Special Session, 82 )
 A person who knowingly makes a false statement, certifies
to an incorrect document or withholds information for the purpose of
receiving or assisting another person in receiving benefits under this
chapter to which he is not entitled is guilty of a gross misdemeanor.

      (Added to NRS by 2001 Special Session, 87 )

ADMINISTRATION


      1.  The Judicial Retirement Fund is hereby established as a trust
fund.

      2.  It is hereby declared to be the policy of the Legislature that
the Judicial Retirement Fund is established to afford a degree of
security to long-time justices of the Supreme Court, district judges,
justices of the peace and municipal judges in this State. The money in
the Fund must not be used or appropriated for any purpose incompatible
with the provisions of this chapter or NRS 2.060 to 2.083 ,
inclusive, or 3.090 to 3.099 , inclusive. The Fund must be invested and
administered to ensure the highest return consistent with safety in
accordance with accepted investment practices.

      3.  All money appropriated by the Legislature to the Judicial
Retirement Fund, all money submitted to the System for deposit in the
Fund pursuant to NRS 1A.180 and all
income accruing to the Fund from all other sources must be deposited in
the Fund.

      4.  The interest and income earned on the money in the Judicial
Retirement Fund, after deducting any applicable charges, must be credited
to the Fund.

      5.  The System must pay all retirement allowances, benefits,
optional settlements and other obligations or payments payable by the
System pursuant to this chapter and NRS 2.060 to 2.083 ,
inclusive, and 3.090 to 3.099 , inclusive, from the Judicial Retirement Fund.
The money in the Fund must be expended by the Board for the payment of
expenses authorized by law to be paid from the Fund.

      (Added to NRS by 2001 Special Session, 69 ; A 2005, 992 )
 The Board has the exclusive control of the administration and
investment of the Judicial Retirement Fund, with the same powers and
duties and subject to the same limitations and restrictions that are
applicable to the administration and investment of the Public Employees’
Retirement Fund.

      (Added to NRS by 2001 Special Session, 70 )


      1.  Beginning July 1, 2003, the Court Administrator shall submit to
the System for deposit in the Judicial Retirement Fund on behalf of each
justice of the Supreme Court or district judge who is a member of the
System the percentage of compensation of the member that is determined by
the actuary of the System to be required to pay the normal cost incurred
in making payments for such members pursuant to subsection 5 of NRS
1A.160 and the administrative
expenses of the System that are attributable to such members. Such
payments must be:

      (a) Accompanied by payroll reports that include information deemed
necessary by the Board to carry out its duties; and

      (b) Received by the System not later than 15 days after the
calendar month for which the compensation and service credits of members
of the System are reported and certified by the Court Administrator. The
compensation must be reported separately for each month that it is paid.

      2.  Beginning July 1, 2003, the State of Nevada shall pay to the
System for deposit in the Judicial Retirement Fund from any fund created
for the purpose of paying pension benefits to justices of the Supreme
Court or district judges an amount as the contribution of the State of
Nevada as employer which is actuarially determined to be sufficient to
provide the System with enough money to pay the benefits for justices of
the Supreme Court and district judges for which the System will be liable.

      3.  Upon the participation of a justice of the peace or municipal
judge in the Judicial Retirement Plan pursuant to NRS 1A.285 , the county or city shall submit to the
System for deposit in the Judicial Retirement Fund on behalf of each
justice of the peace or municipal judge who is a member of the System the
percentage of compensation of the member that is determined by the
actuary of the System to be required to pay the normal cost incurred in
making payments for such members pursuant to subsection 5 of NRS 1A.160
and the administrative expenses of
the System that are attributable to such members. Such payments must be:

      (a) Accompanied by payroll reports that include information deemed
necessary by the Board to carry out its duties; and

      (b) Received by the System not later than 15 days after the
calendar month for which the compensation and service credits of members
of the System are reported and certified by the county or city. The
compensation must be reported separately for each month that it is paid.

      4.  Upon the participation of a justice of the peace or municipal
judge in the Judicial Retirement Plan pursuant to NRS 1A.285 , the county or city shall pay to the System
for deposit in the Judicial Retirement Fund an amount as the contribution
of the county or city as employer which is actuarially determined to be
sufficient to provide the System with enough money to pay the benefits
for justices of the peace and municipal judges for which the System will
be liable.

      5.  Except as otherwise provided in this subsection, the total
contribution rate that is actuarially determined for members of the
Judicial Retirement Plan must be adjusted on the first monthly retirement
reporting period commencing on or after July 1 of each odd-numbered year
based on the actuarially determined contribution rate indicated in the
biennial actuarial valuation and report. The adjusted rate must be
rounded to the nearest one-quarter of 1 percent. The total contribution
rate must not be adjusted pursuant to this subsection if the existing
rate is within one-half of 1 percent of the actuarially determined rate.

      (Added to NRS by 2001 Special Session, 70 ; A 2003, 2069 ; 2005, 992 )


      1.  Any check for benefits which has not been paid within 5 years
after being transferred to the Account for Unclaimed Benefits must be
transferred to the Judicial Retirement Fund.

      2.  If, within 6 years after a check for benefits has been
transferred pursuant to subsection 1, any person appears and claims the
money, the claimant may file a petition in the District Court for Carson
City stating the nature of his claim, with an appropriate prayer for the
relief demanded. A copy of the petition must be served upon the Attorney
General before or at the time it is filed. Within 20 days after service,
the Attorney General shall appear in the proceeding and respond to the
petition. If, after examining all the facts, the Attorney General is
convinced that the System has no legal defense against the petition, he
may, with the consent of the Court, confess judgment on behalf of the
System.

      3.  If judgment is not confessed, the petition must be considered
at issue on the 20th day after its filing, and may be heard by the Court
on that day, or at such future day as the Court may order. Upon the
hearing, the Court shall examine into the claim and hear the allegations
and proofs. If the Court finds that the claimant is entitled to any money
transferred pursuant to subsection 1 to the Judicial Retirement Fund, it
shall order the Board to pay the money forthwith to the claimant, but
without interest or cost to the Board.

      4.  All persons, except minors and persons of unsound mind, who
fail to appear and file their petitions within the time limited in
subsection 1 are forever barred. Minors and persons of unsound mind may
appear and file their petitions at any time within 5 years after their
respective disabilities are removed.

      (Added to NRS by 2001 Special Session, 83 )


      1.  The Board shall establish a fund known as the Judicial
Retirement Administrative Fund in which must be deposited all
administrative fees.

      2.  The Board shall fix an administrative fee per capita sufficient
to pay the expense of operating the Judicial Retirement System.

      (Added to NRS by 2001 Special Session, 70 )


      1.  The Board may establish a fund to pay the accrued benefits of a
member of the System that are not payable because of the limitations set
forth in NRS 1A.410 . The fund must be
established in accordance with the provisions of section 415(m) of the
Internal Revenue Code, 26 U.S.C. § 415(m), and must be separate from the
Judicial Retirement Fund.

      2.  If the Board establishes a fund pursuant to subsection 1, the
benefits that are required to be paid from the fund must be paid from
money in the fund.

      (Added to NRS by 2001 Special Session, 70 )


      1.  The Board, subject to the limitations of this chapter, is
responsible for managing the System.

      2.  The Board shall:

      (a) Arrange for a biennial actuarial valuation and report of the
actuarial soundness of the System to be prepared by an independent
actuary based upon data compiled and supplied by employees of the System,
and shall adopt actuarial tables and formulas prepared and recommended by
the actuary;

      (b) Provide for a biennial audit of the System, including, without
limitation, the Judicial Retirement Administrative Fund, by an
independent certified public accountant; and

      (c) Provide an annual report concerning the System established
pursuant to this chapter to the Court Administrator, each board of county
commissioners that allows justices of the peace to participate in the
Judicial Retirement Plan pursuant to NRS 1A.285 , each city council that allows municipal
judges to participate in the Judicial Retirement Plan pursuant to NRS
1A.285 , the Governor and each member
of the Legislature, and make the report available to all members of the
System upon request. The report must contain, when available, a review of
the actuarial valuation required by paragraph (a).

      3.  The Board may:

      (a) Adjust the service or correct the records, allowance or
benefits of any member of the System, retired justice or judge or
beneficiary after an error or inequity has been determined, and require
repayment of any money determined to have been paid by the System in
error, if the money was paid within 6 years before demand for its
repayment.

      (b) Examine and copy personnel and financial records of:

             (1) A justice of the Supreme Court or district judge that
are maintained by the Court Administrator;

             (2) A justice of the peace who participates in the Judicial
Retirement Plan pursuant to NRS 1A.285 that are maintained by a county; and

             (3) A municipal judge who participates in the Judicial
Retirement Plan pursuant to NRS 1A.285 that are maintained by a city.

      (c) Require an annual notarized statement from a retired justice or
judge or beneficiary that he is in fact receiving an allowance or
benefits, and withhold the allowance or benefits if he fails to provide
the statement.

      4.  As used in this section, “error or inequity” means the
existence of extenuating circumstances, including, without limitation, a
member’s reasonable and detrimental reliance on representations made by
the System which prove to be erroneous, or the mental incapacity of the
member.

      (Added to NRS by 2001 Special Session, 71 ; A 2005, 993 )


      1.  The Board shall not change the actuarial assumptions used in
computing the benefits provided to a member of the System.

      2.  The Board shall make available to every member of the System
upon request the actuarial assumptions used in computing the benefits
provided to a member of the System.

      (Added to NRS by 2001 Special Session, 71 )
 Each person who receives benefits from the
Judicial Retirement Fund pursuant to the System is entitled to receive
cost-of-living increases equivalent to those provided for retirees and
beneficiaries of the Public Employees’ Retirement System.

      (Added to NRS by 2001 Special Session, 79 )
 Except as specifically provided in this chapter, the accounts
of members of the System and recipients of benefits of the System must be
administered in accordance with the provisions of chapter 286 of NRS as if the justice of the Supreme Court, the
district judge, the justice of the peace or the municipal judge were or
had been a member of the Public Employees’ Retirement System.

      (Added to NRS by 2001 Special Session, 71 ; A 2005, 994 )

MEMBERSHIP
[Effective through
June 30, 2009.]

      1.  No person may become a member of the System unless he is a
justice of the Supreme Court or a district judge, or a justice of the
peace or municipal judge who is allowed and elects to participate in the
Judicial Retirement Plan pursuant to NRS 1A.285 .

      2.  Except as otherwise provided in NRS 1A.370 , persons retired under the provisions of
this chapter who are reemployed as a justice of the Supreme Court,
district judge, justice of the peace or municipal judge are not eligible
to become members of the System.

      (Added to NRS by 2001 Special Session, 71 ; A 2005, 994 , 2067 )


      1.  Each justice of the Supreme Court or district judge who is
elected or appointed as a justice of the Supreme Court or a district
judge on or after November 5, 2002, who takes office on or after January
1, 2003, and who previously has not served as either a justice of the
Supreme Court or a district judge must receive benefits for retirement,
benefits for disability and survivor benefits under the Judicial
Retirement Plan, if eligible to receive such benefits under the Judicial
Retirement Plan, unless he is a member of the Public Employees’
Retirement System. If he is a member of the Public Employees’ Retirement
System, he will remain a member unless he withdraws from the Public
Employees’ Retirement System pursuant to NRS 1A.280 , if eligible to do so.

      2.  Each justice of the Supreme Court or district judge who is
elected or appointed as a justice of the Supreme Court or district judge
on or after November 5, 2002, and who previously has served as either a
justice of the Supreme Court or a district judge and each justice of the
Supreme Court or district judge who is serving as a justice of the
Supreme Court or district judge on November 5, 2002, must receive
benefits for retirement, benefits for disability and survivor benefits
pursuant to either:

      (a) NRS 2.060 to 2.083 , inclusive, or 3.090 to 3.099 ,
inclusive, as those sections existed on November 5, 2002, if eligible to
receive such benefits under such provisions; or

      (b) The Judicial Retirement Plan, if eligible to receive such
benefits under the Judicial Retirement Plan,

Ê whichever is most beneficial to the justice or judge or his survivor,
as determined by the justice or judge at the time of his retirement or
the time at which he becomes disabled, or as determined by his survivor
at the time of his death, unless he is a member of the Public Employees’
Retirement System. If he is a member of the Public Employees’ Retirement
System, he will remain a member unless he withdraws from the Public
Employees’ Retirement System pursuant to NRS 1A.280 , if eligible to do so. A survivor may not
change a determination that affects the survivor and which was made by a
justice or judge pursuant to this section while the justice or judge was
alive.

      3.  A determination made pursuant to subsection 2 is final and if a
justice or judge or his survivor determines pursuant to subsection 2:

      (a) To receive benefits pursuant to the Judicial Retirement Plan,
the justice, judge or survivor may not receive benefits pursuant to NRS
2.060 to 2.083 , inclusive, or pursuant to NRS 3.090 to 3.099 ,
inclusive; or

      (b) To receive benefits pursuant to NRS 2.060 to 2.083 ,
inclusive, or pursuant to NRS 3.090 to
3.099 , inclusive, the justice, judge or
survivor may not receive benefits pursuant to the Judicial Retirement
Plan.

      4.  No justice of the Supreme Court or district judge or survivor
of a justice of the Supreme Court or district judge may receive benefits
under both this chapter and:

      (a) NRS 2.060 to 2.083 , inclusive; or

      (b) NRS 3.090 to 3.099 , inclusive.

      5.  A justice of the Supreme Court or district judge or a survivor
of a justice of the Supreme Court or district judge who is receiving
retirement allowances pursuant to NRS 2.060 to 2.083 ,
inclusive, or pursuant to NRS 3.090 to
3.099 , inclusive, on January 1, 2003,
is not eligible for transfer to the Judicial Retirement Plan.

      (Added to NRS by 2001 Special Session, 72 ; A 2003, 2069 ; 2005, 1067 )


      1.  A person who is elected or appointed as a justice of the
Supreme Court or district judge on or after November 5, 2002, and takes
office on or after January 1, 2003, and who is a member of the Public
Employees’ Retirement System established pursuant to chapter 286 of NRS on the date that he is elected or appointed
may withdraw from the Public Employees’ Retirement System and become a
member of the Judicial Retirement Plan if he gives written notice to the
Board of his intention to withdraw from the Public Employees’ Retirement
System and to become a member of the Judicial Retirement Plan. Such
notice must be given to the Board within the time set forth in subsection
3 and must be given the first time that the justice or judge is elected
or appointed while he is a member of the Public Employees’ Retirement
System.

      2.  A justice or judge may not become a member of the Judicial
Retirement Plan pursuant to subsection 1 if he has previously been
elected or appointed on or after November 5, 2002, and taken office on or
after January 1, 2003, while he was a member of the Public Employees’
Retirement System and he did not give notice of his intention to withdraw
from the Public Employees’ Retirement System and to become a member of
the Judicial Retirement Plan in the manner set forth in this section.

      3.  Written notice given pursuant to subsection 1 must be received
by the Board:

      (a) If the justice or judge is elected, by March 31 of the year
immediately following the year in which he was elected; or

      (b) If the justice or judge is appointed, within 90 days after his
appointment.

      4.  If the Board receives notice pursuant to this section that a
justice or judge intends to withdraw from the Public Employees’
Retirement System, it shall transfer from the Public Employees’
Retirement Fund to the Judicial Retirement Plan the accrued actuarial
liability and credit for service earned by the justice or judge while a
member of the Public Employees’ Retirement System as determined by an
actuary of the Judicial Retirement System. The service so transferred
must be accredited under the Judicial Retirement Plan as if performed in
the Public Employees’ Retirement System.

      5.  If the Board does not receive written notice that a justice or
judge intends to withdraw from the Public Employees’ Retirement System
pursuant to subsection 3, the justice or judge will remain a member of
the Public Employees’ Retirement System.

      6.  A justice or judge who exercises the option granted by this
section may not reestablish the service for which the liabilities were
transferred.

      7.  No justice of the Supreme Court or district judge or survivor
of a justice of the Supreme Court or district judge may receive benefits
under both this chapter and chapter 286 of
NRS.

      8.  A justice of the Supreme Court or district judge or survivor of
a justice of the Supreme Court or district judge who is receiving a
retirement allowance from the Public Employees’ Retirement System on
January 1, 2003, is not eligible for transfer to the Judicial Retirement
Plan.

      (Added to NRS by 2001 Special Session, 73 ; A 2005, 1068 )


      1.  A justice of the peace or municipal judge may participate in
the Judicial Retirement Plan if:

      (a) The board of county commissioners elects to allow the justices
of the peace of the county or the city council elects to allow the
municipal judges of the city to participate in the Judicial Retirement
Plan; and

      (b) The justice of the peace or the municipal judge elects to
participate in the Judicial Retirement Plan.

      2.  Each justice of the peace or municipal judge who is allowed and
who elects to participate in the Judicial Retirement Plan pursuant to
this section must receive benefits for retirement, benefits for
disability and survivor benefits under the Judicial Retirement Plan, if
eligible to receive such benefits under the Judicial Retirement Plan.

      3.  If the board of county commissioners rescinds its election to
allow the justices of the peace of the county or the city council
rescinds its election to allow the municipal judges of the city to
participate in the Judicial Retirement Plan, any justice of the peace or
municipal judge who elected to participate in the Judicial Retirement
Plan before the effective date of the rescission is entitled to continue
to participate in the Judicial Retirement Plan.

      4.  A justice of the peace or municipal judge who is a member of
the Public Employees’ Retirement System established pursuant to chapter
286 of NRS on the date that he elects to
participate in the Judicial Retirement Plan must give written notice to
the Board of his intention to withdraw from the Public Employees’
Retirement System and to become a member of the Judicial Retirement Plan.

      5.  If the Board receives notice pursuant to this section that a
justice of the peace or municipal judge intends to withdraw from the
Public Employees’ Retirement System, it shall transfer from the Public
Employees’ Retirement Fund to the Judicial Retirement Plan the accrued
actuarial liability and credit for service earned by the justice or judge
while a member of the Public Employees’ Retirement System as determined
by an actuary of the Judicial Retirement System. The service so
transferred must be accredited under the Judicial Retirement Plan as if
performed in the Public Employees’ Retirement System.

      6.  A justice of the peace or municipal judge who exercises the
option granted by this section may not reestablish the service for which
the liabilities were transferred.

      7.  No justice of the peace or municipal judge or survivor of a
justice of the peace or municipal judge may receive benefits under both
this chapter and chapter 286 of NRS.

      8.  A justice of the peace or municipal judge or survivor of a
justice of the peace or municipal judge who is receiving a retirement
allowance from the Public Employees’ Retirement System on July 1, 2005,
is not eligible for transfer to the Judicial Retirement Plan.

      (Added to NRS by 2005, 989 )


      1.  Membership of a justice of the Supreme Court or a district
judge in the System terminates upon:

      (a) The death of the member;

      (b) Receipt of retirement allowances by the member of the Judicial
Retirement Plan or retirement benefits pursuant to NRS 2.060 to 2.083 ,
inclusive, or pursuant to NRS 3.090 to
3.099 , inclusive; or

      (c) Receipt of disability allowances by the member of the Judicial
Retirement Plan or disability benefits pursuant to NRS 2.060 to 2.083 ,
inclusive, or pursuant to NRS 3.090 to
3.099 , inclusive.

      2.  Membership of a justice of the peace or municipal judge in the
System terminates upon:

      (a) The death of the member;

      (b) Receipt of retirement allowances; or

      (c) Receipt of disability allowances.

      3.  A retired justice or judge is not entitled to any right
conferred by this chapter upon a member of the System unless the
provision conferring that right expressly states that it is conferred
upon a retired justice or judge.

      4.  A justice of the Supreme Court or a district judge who retired
pursuant to NRS 2.060 to 2.083 , inclusive, or pursuant to NRS 3.090 to 3.099 ,
inclusive, is not entitled to any right conferred by this chapter upon a
member of the System unless the provision conferring that right expressly
states that it is conferred upon a justice or judge who retired pursuant
to NRS 2.060 to 2.083 , inclusive, or pursuant to NRS 3.090 to 3.099 ,
inclusive.

      (Added to NRS by 2001 Special Session, 72 ; A 2005, 994 )

JUDICIAL RETIREMENT PLAN

General Provisions


      1.  A plan under which all justices of the Supreme Court and
district judges who are elected or appointed for the first time as either
a justice of the Supreme Court or district judge on or after November 5,
2002, and who take office on or after January 1, 2003, and who withdraw
from the Public Employees’ Retirement System, if eligible to do so, must
receive benefits for retirement, disability and death, and under which
justices of the peace and municipal judges who are allowed to participate
in the plan pursuant to NRS 1A.285
may receive benefits for retirement, disability and death, is hereby
established and must be known as the Judicial Retirement Plan.

      2.  Each justice of the Supreme Court or district judge elected or
appointed for the first time as either a justice of the Supreme Court or
district judge on or after November 5, 2002, and who takes office on or
after January 1, 2003, and who withdraws pursuant to NRS 1A.280 from the Public Employees’ Retirement
System, if eligible to do so, is a member of the Judicial Retirement Plan.

      3.  Each justice of the peace and municipal judge who is allowed
and who elects to participate in the Judicial Retirement Plan pursuant to
NRS 1A.285 is a member of the
Judicial Retirement Plan.

      4.  Benefits are earned pursuant to the Judicial Retirement Plan in
the manner set forth in NRS 1A.120 to
1A.150 , inclusive, 1A.190 , 1A.240
and 1A.310 to 1A.670 , inclusive.

      (Added to NRS by 2001 Special Session, 74 ; A 2005, 995 , 1069 )
 Except as otherwise required as a result of NRS 1A.410
:

      1.  A member of the Judicial Retirement Plan who has 5 years of
creditable service may, except as otherwise provided in subsection 2,
purchase up to 5 years of service. The member must pay the full actuarial
cost of the service as determined by an actuary of the System.

      2.  A justice or judge may purchase creditable service pursuant to
subsection 1 only if, at the time of the purchase, he is employed in a
position eligible for membership in the Judicial Retirement Plan.

      3.  A member of the Judicial Retirement Plan may use:

      (a) All or any portion of the balance of his interest in a
qualified trust pursuant to section 401(a) of the Internal Revenue Code,
26 U.S.C. § 401(a); or

      (b) The money contained in an individual retirement account or in
an individual retirement annuity of a member, the entire amount of which
is:

             (1) Attributable to a qualified distribution from a
qualified trust pursuant to section 401(a) of the Internal Revenue Code,
26 U.S.C. § 401(a); and

             (2) Qualified as an eligible rollover distribution pursuant
to section 402 of the Internal Revenue Code, 26 U.S.C. § 402,

Ê to purchase creditable service pursuant to subsection 1.

      4.  If a member of the Judicial Retirement Plan enters into an
agreement whereby he agrees to pay for the purchase of service credit in
installments and he defaults on that agreement, the member is entitled to
receive service credit in the proportion that the principal paid bears to
the principal due under the agreement.

      (Added to NRS by 2001 Special Session, 74 ; A 2003, 2070 )

Service and Vesting of Allowances and Benefits
 Service
credit for a member of the Judicial Retirement Plan begins on the day his
term of office begins and terminates on the day his term of office
expires, unless sooner terminated on the day of his death, resignation or
removal from office.

      (Added to NRS by 2001 Special Session, 75 )
 Except as otherwise provided in this chapter, a member of the
Judicial Retirement Plan must not receive credit in the Plan for service
that entitled the member to credit for retirement purposes in any other
retirement system operated by the federal or a state government, or any
of their agencies or political subdivisions, including, without
limitation, the Social Security Act.

      (Added to NRS by 2001 Special Session, 75 )


      1.  The retirement allowance for a member of the Judicial
Retirement Plan becomes vested on the date that the member completes 5
years of creditable service.

      2.  Benefits for survivors offered pursuant to this chapter become
vested on the date that the member of the Judicial Retirement Plan
completes 10 years of creditable service or becomes entitled to begin
receiving benefits or on the date of his death, whichever event occurs
first.

      3.  Unless otherwise specifically provided by law, any change in
the provisions of this chapter is retroactive for all service of any
member of the Judicial Retirement Plan before the date of vesting, but no
change may impair any vested allowance or benefit.

      4.  Upon the termination or partial termination of the System, all
accrued benefits that are funded become 100 percent vested and
nonforfeitable.

      (Added to NRS by 2001 Special Session, 87 )

Retirement


      1.  A member of the Judicial Retirement Plan is eligible to retire
at the age of 65 years if he has at least 5 years of service, at the age
of 60 years if he has at least 10 years of service and at any age if he
has at least 30 years of service.

      2.  Any member of the Judicial Retirement Plan who has the years of
creditable service necessary to retire, but has not attained the required
age, if any, may retire at any age with a benefit actuarially reduced to
the required retirement age. Except as otherwise required as a result of
NRS 1A.410 , a retirement benefit
pursuant to this subsection must be reduced by 4 percent of the
unmodified benefit for each full year that the member is under the
appropriate retirement age, and an additional 0.33 percent for each
additional month that the member is under the appropriate retirement age.
Any option selected pursuant to this subsection must be reduced by an
amount proportionate to the reduction provided in this subsection for the
unmodified benefit. The Board may adjust the actuarial reduction based
upon an experience study of the System and recommendation by the actuary.

      (Added to NRS by 2001 Special Session, 75 )
[Effective through June 30, 2009.]

      1.  Except as otherwise provided in NRS 1A.370 , if a retired justice or judge accepts
reemployment as a justice of the Supreme Court, district judge, justice
of the peace or municipal judge, he is disqualified from receiving any
allowances under the Judicial Retirement Plan for the duration of his
active service.

      2.  If a retired justice or judge accepts any employment other than
that described in subsection 1, the justice or judge is entitled to the
same allowances as a retired justice or judge who has no employment.

      3.  If a retired justice or judge who accepts employment as a
justice of the Supreme Court, district judge, justice of the peace or
municipal judge pursuant to subsection 1 elects not to reenroll in the
Judicial Retirement Plan pursuant to subsection 2 of NRS 1A.370 , the Court Administrator if the retired
justice or judge is a justice of the Supreme Court or a district judge,
the county if the retired justice or judge is a justice of the peace or
the city if the retired justice or judge is a municipal judge, may pay
contributions on behalf of the retired justice or judge to a retirement
fund which is not a part of the Judicial Retirement Plan in an amount not
to exceed the amount of the contributions that the Court Administrator,
county or city would pay to the System on behalf of a participating
justice or judge who is employed in a similar position.

      (Added to NRS by 2001 Special Session, 75 ; A 2001 Special Session, 98 ; 2005, 995 , 2067 )
[Effective July 1, 2009.]

      1.  Except as otherwise provided in subsection 4 and NRS 1A.370
, if a retired justice or judge
accepts employment as a justice of the Supreme Court, district judge,
justice of the peace or municipal judge in any judicial capacity,
including, without limitation, employment as a senior justice, senior
judge, senior justice of the peace or senior municipal judge of the
Nevada Court System, he is disqualified from receiving any allowances
under the Judicial Retirement Plan for the duration of his active service.

      2.  If a retired justice or judge accepts any employment other than
that described in subsection 1, the justice or judge is entitled to the
same allowances as a retired justice or judge who has no employment.

      3.  If a retired justice or judge who accepts employment as a
justice of the Supreme Court, district judge, justice of the peace or
municipal judge in a judicial capacity pursuant to this section elects
not to reenroll in the Judicial Retirement Plan pursuant to subsection 1
of NRS 1A.370 , the Court
Administrator if the retired justice or judge is a justice of the Supreme
Court or a district judge, the county if the retired justice or judge is
a justice of the peace or the city if the retired justice or judge is a
municipal judge, may pay contributions on behalf of the retired justice
or judge to a retirement fund which is not a part of the Judicial
Retirement Plan in an amount not to exceed the amount of the
contributions that the Court Administrator, county or city would pay to
the System on behalf of a participating justice or judge who is employed
in a similar position.

      4.  The System may waive, for one period of 30 days or less, a
retired justice of the Supreme Court’s or district judge’s
disqualification under this section if the Chief Justice of the Supreme
Court certifies in writing, in advance, that the retired justice of the
Supreme Court or district judge is recalled to meet an emergency and that
no other qualified person is immediately available. The System may waive,
for one period of 30 days or less, a retired justice of the peace’s
disqualification under this section if the board of county commissioners
of the jurisdiction in which the justice of the peace is to be assigned
certifies in writing, in advance, that the retired justice of the peace
is recalled to meet an emergency and that no other qualified person is
immediately available. The System may waive, for one period of 30 days or
less, a retired municipal judge’s disqualification under this section if
the city council of the jurisdiction in which the municipal judge is to
be assigned certifies in writing, in advance, that the retired municipal
judge is recalled to meet an emergency and that no other qualified person
is immediately available.

      (Added to NRS by 2001 Special Session, 75 ; A 2001 Special Session, 98 ; 2005, 995 , 2067 , effective July 1, 2009)
[Effective
through June 30, 2009.]

      1.  Any retired justice or judge may, pursuant to rules adopted by
the Supreme Court, be recalled to active service, be reemployed as a
senior justice, senior judge, senior justice of the peace or senior
municipal judge of the Nevada Court System, be issued a commission as a
senior justice, senior judge, senior justice of the peace or senior
municipal judge of the Nevada Court System and be compensated for serving
as a senior justice, senior judge, senior justice of the peace or senior
municipal judge of the Nevada Court System.

      2.  A retired justice or judge who accepts reemployment as a
justice of the Supreme Court, district judge, justice of the peace or
municipal judge may reenroll in the Judicial Retirement Plan as of the
effective date of that reemployment. As of the effective date of
reemployment:

      (a) Except as otherwise provided in paragraph (b), he forfeits all
retirement allowances for the duration of that employment; and

      (b) If he accepts reemployment as a senior justice, senior judge,
senior justice of the peace or senior municipal judge of the Nevada Court
System, he does not forfeit any retirement allowances for the duration of
that employment.

      3.  Except as otherwise required as a result of NRS 1A.400 or 1A.410 , if the duration of the employment of a
retired justice or judge who reenrolls in the Judicial Retirement Plan
pursuant to subsection 2 is at least 6 months, he gains additional
service credit for that employment and is entitled to have a separate
service retirement allowance calculated based on his compensation and
service, effective upon the termination of that employment. If the
duration of the employment is:

      (a) Less than 5 years, the additional allowance must be added to
his original allowance and must be under the same option and designate
the same beneficiary as the original allowance; or

      (b) Five years or more, the additional allowance may be under any
option and designate any beneficiary in accordance with NRS 1A.430 .

      4.  The original service retirement allowance of such a retired
justice or judge must not be recalculated based upon the additional
service, nor is he entitled to any of the rights of membership that were
not in effect at the time of his original retirement. The accrual of
service credit pursuant to this section is subject to the limits imposed
by:

      (a) NRS 1A.440 ; and

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

      5.  Except as otherwise required as a result of NRS 1A.400 or 1A.410 , upon serving as senior justice, senior
judge, senior justice of the peace or senior municipal judge for a number
of working days that is equivalent to 1 year of service, as determined by
the Board, such a retired justice or judge earns an additional year of
service credit.

      (Added to NRS by 2001 Special Session, 76 ; A 2003, 2071 ; 2005, 996 , 2068 )
[Effective July 1, 2009.]

      1.  A retired justice or judge who accepts employment as a justice
of the Supreme Court, district judge, justice of the peace or municipal
judge in any judicial capacity, including, without limitation, employment
as a senior justice, senior judge, senior justice of the peace or senior
municipal judge of the Nevada Court System, may enroll in the Judicial
Retirement Plan as of the effective date of that employment. As of the
date of enrollment:

      (a) He forfeits all retirement allowances for the duration of that
employment; and

      (b) Except as otherwise required as a result of NRS 1A.400 or 1A.410 , if the duration of the employment is at
least 6 months, he gains additional service credit for that employment
and is entitled to have a separate service retirement allowance
calculated based on his compensation and service, effective upon the
termination of that employment. If the duration of the employment is:

             (1) Less than 5 years, the additional allowance must be
added to his original allowance and must be under the same option and
designate the same beneficiary as the original allowance; or

             (2) Five years or more, the additional allowance may be
under any option and designate any beneficiary in accordance with NRS
1A.430 .

      2.  The original service retirement allowance of such a retired
justice or judge must not be recalculated based upon the additional
service credit, nor is he entitled to any of the rights of membership
that were not in effect at the time of his original retirement. The
accrual of service credit pursuant to this section is subject to the
limits imposed by:

      (a) NRS 1A.440 ; and

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

      3.  Except as otherwise required as a result of NRS 1A.400 or 1A.410 , a retired justice or judge who has been
receiving a retirement allowance pursuant to the Judicial Retirement Plan
and who is reemployed and is enrolled in the Plan for at least 5 years
may have his additional credit for service added to his previous credit
for service. This additional credit for service must not apply to more
than one period of employment after the original retirement.

      4.  The survivor of a deceased member of the Judicial Retirement
Plan who had previously retired and was reemployed and enrolled in the
Plan, who qualifies for benefits pursuant to NRS 1A.340 and 1A.530 to 1A.670 , inclusive, is eligible for the benefits
based on the service accrued through the second period of employment.

      (Added to NRS by 2001 Special Session, 76 ; A 2003, 2071 ; 2005, 996 , 2068 , effective July 1, 2009)
 Expired by limitation. (See
chapter 4, Statutes of Nevada 2001 Special Session, at page 103 .)



Benefits

 Notwithstanding any other provision of law, every distribution to a
member of the Judicial Retirement Plan must be made pursuant to the
provisions of section 401(a)(9) of the Internal Revenue Code, 26 U.S.C. §
401(a)(9), that apply to governmental plans.

      (Added to NRS by 2001 Special Session, 77 )
 Notwithstanding any other provision of law, the amount of
compensation used to determine the retirement benefit of a member of the
Judicial Retirement Plan must not exceed the limitation provided by
section 401(a)(17) of the Internal Revenue Code, 26 U.S.C. § 401(a)(17).

      (Added to NRS by 2001 Special Session, 77 )

 Notwithstanding any other provision of law, the benefits payable to and
the contributions made for the benefit of a member of the Judicial
Retirement Plan are limited pursuant to the provisions of sections 415(b)
and 415(c) of the Internal Revenue Code, 26 U.S.C. §§ 415(b) and 415(c),
that apply to governmental plans.

      (Added to NRS by 2001 Special Session, 75 )
 Forfeitures must not be applied to increase the benefits any
member of the Judicial Retirement Plan would otherwise receive pursuant
to the provisions governing the Plan as provided by section 401(a)(8) of
the Internal Revenue Code, 26 U.S.C. § 401(a)(8).

      (Added to NRS by 2001 Special Session, 77 )


      1.  If the spouse of the member of the Judicial Retirement Plan
does not consent to the retirement plan chosen by the member before the
date on which the retirement becomes effective pursuant to NRS 1A.130
the System must:

      (a) Notify the spouse that he has 90 days to consent or have the
member change his selection; and

      (b) Pay the retirement at the amount calculated for Option 2
provided in NRS 1A.450 until the
spouse consents or for 90 days, whichever is less.

      2.  Upon consent of the spouse or at the end of the 90 days, the
retirement benefit must be recalculated and paid under the terms of the
option originally selected by the member retroactively to the date on
which the retirement became effective.

      (Added to NRS by 2001 Special Session, 78 )
 Except as otherwise required as a result of NRS 1A.400
or 1A.410 :

      1.  Except as otherwise provided in this subsection, a monthly
service retirement allowance must be determined by multiplying a member
of the Judicial Retirement Plan’s average compensation by 3.4091 percent
for each year of service, except that a member of the Plan is entitled to
a benefit of not more than 75 percent of his average compensation.

      2.  For the purposes of this section, “average compensation” means
the average of a member of the Plan’s 36 consecutive months of highest
compensation as certified by the Court Administrator if the member is a
justice of the Supreme Court or a district judge, by the county if the
member is a justice of the peace or by the city if the member is a
municipal judge.

      (Added to NRS by 2001 Special Session, 78 ; A 2003, 2072 ; 2005, 997 )


      1.  The alternatives to an unmodified service retirement allowance
are as follows:

      (a) Option 2 consists of a reduced service retirement allowance
payable monthly during the retired justice’s or judge’s life, with the
provision that it continue after his death for the life of the
beneficiary whom he nominates by written designation acknowledged and
filed with the Board at the time of retirement should the beneficiary
survive him.

      (b) Option 3 consists of a reduced service retirement allowance
payable monthly during the retired justice’s or judge’s life, with the
provision that it continue after his death at one-half the rate paid to
him and be paid for the life of the beneficiary whom he nominates by
written designation acknowledged and filed with the Board at the time of
retirement should the beneficiary survive him.

      (c) Option 4 consists of a reduced service retirement allowance
payable monthly during the retired justice’s or judge’s life, with the
provision that it continue after his death for the life of his
beneficiary, whom he nominates by written designation acknowledged and
filed with the Board at the time of the election, should his beneficiary
survive him, beginning on the attainment by the surviving beneficiary of
age 60 years.

      (d) Option 5 consists of a reduced service retirement allowance
payable monthly during the retired justice’s or judge’s life, with the
provision that it continue after his death at one-half the rate paid to
him and be paid for the life of his beneficiary whom he nominates by
written designation acknowledged and filed with the Board at the time of
the election, should his beneficiary survive him, beginning on the
attainment by the surviving beneficiary of age 60 years.

      (e) Option 6 consists of a reduced service retirement allowance
payable monthly during the retired justice’s or judge’s life, with the
provision that a specific sum per month, which cannot exceed the monthly
allowance paid to the retired justice or judge, be paid after his death
to the beneficiary for the life of the beneficiary whom he nominates by
written designation acknowledged and filed with the Board at the time of
retirement, should the beneficiary survive him.

      (f) Option 7 consists of a reduced service retirement allowance
payable monthly during the retired justice’s or judge’s life, with the
provision that a specific sum per month, which cannot exceed the monthly
allowance paid to the retired justice or judge, be paid after his death
to the beneficiary for the life of the beneficiary whom he nominates by
written designation acknowledged and filed with the Board at the time of
election, should the beneficiary survive him, beginning on the attainment
by the surviving beneficiary of age 60 years.

      2.  Postretirement allowances must be considered a part of a
retired justice’s or judge’s monthly benefit and included in the
allowance paid to a beneficiary under one of the optional plans set forth
in this section.

      (Added to NRS by 2001 Special Session, 78 )

[Effective through June 30, 2009.]

      1.  If a member of the Judicial Retirement Plan enters retirement
status under one of the optional plans described in NRS 1A.450 and the designated beneficiary predeceases
the retired justice or judge, the monthly retirement allowance must be
automatically adjusted to the unmodified retirement allowance provided in
NRS 1A.440 .

      2.  A retired justice or judge may not change the selected option
or designated beneficiary after the effective date of retirement except
as otherwise provided in subsection 3.

      3.  A retired justice or judge may cancel his selected option and
designation of beneficiary and revert to the unmodified retirement
allowance. He shall make this election by written designation,
acknowledged and filed with the Board. The written election must be
accompanied by a written, notarized acknowledgment of the change by the
beneficiary if the beneficiary is the spouse of the retired justice or
judge. The election to cancel a selected option and revert to the
unmodified allowance does not abrogate any obligation of the retired
justice or judge respecting community property.

      4.  The termination or adjustment of a monthly retirement allowance
resulting from the death of a justice or judge or beneficiary must not
become effective until the first day of the month immediately following
the death of the retired justice or judge or beneficiary.

      (Added to NRS by 2001 Special Session, 79 ; A 2005, 2069 )

[Effective July 1, 2009.]

      1.  If a member of the Judicial Retirement Plan enters retirement
status under one of the optional plans described in NRS 1A.450 and the designated beneficiary predeceases
the retired justice or judge, the monthly retirement allowance must be
automatically adjusted to the unmodified retirement allowance provided in
NRS 1A.440 .

      2.  A retired justice or judge may not change the selected option
or designated beneficiary after the effective date of retirement except
as otherwise provided in subsection 3 of this section and subsection 3 of
NRS 1A.370 .

      3.  A retired justice or judge may cancel his selected option and
designation of beneficiary and revert to the unmodified retirement
allowance. He shall make this election by written designation,
acknowledged and filed with the Board. The written election must be
accompanied by a written, notarized acknowledgment of the change by the
beneficiary if the beneficiary is the spouse of the retired justice or
judge. The election to cancel a selected option and revert to the
unmodified allowance does not abrogate any obligation of the retired
justice or judge respecting community property.

      4.  The termination or adjustment of a monthly retirement allowance
resulting from the death of a justice or judge or beneficiary must not
become effective until the first day of the month immediately following
the death of the retired justice or judge or beneficiary.

      (Added to NRS by 2001 Special Session, 79 ; A 2005, 2069 , effective July 1, 2009)


      1.  In addition to the options provided in NRS 287.023 and subject to the requirements of that
section, any justice of the Supreme Court, district judge, justice of the
peace or municipal judge who retires under the conditions set forth in
NRS 1A.350 and, at the time of his
retirement, was covered or had his dependents covered by any group
insurance or medical and hospital service established pursuant to NRS
287.010 , 287.020 or paragraph (b), (c) or (d) of subsection 1
of NRS 287.025 , has the option of
having the Executive Officer of the Board deduct and pay his premium or
contribution for that group insurance or medical and hospital service
coverage, as well as the amount due or to become due upon any obligation
designated by the Board pursuant to subsection 2, from his monthly
retirement allowance until:

      (a) He notifies the Executive Officer of the Board to discontinue
the deduction; or

      (b) Any of his dependents elect to assume the premium or
contribution applicable to the dependent’s coverage before the death of
such a retired justice or judge and continue coverage pursuant to NRS
287.023 after his death.

      2.  The Board may adopt regulations to carry out the provisions of
subsection 1, including, without limitation, regulations governing the
number and types of obligations, amounts for the payment of which may be
deducted and paid by the Board at the option of the retired justice or
judge pursuant to this section.

      3.  The Executive Officer of the Board, the Board and the System
are not liable for any damages resulting from errors or omissions
concerning the deductions and payment of premiums or contributions
authorized pursuant to this section unless willful neglect or gross
negligence is proven.

      (Added to NRS by 2001 Special Session, 79 ; A 2003, 3273 ; 2005, 997 )


      1.  A member of the Judicial Retirement Plan who has 5 years or
more of service credit and who becomes totally unable to perform his
current job or any comparable job for which he is qualified by his
training and experience because of injury or mental or physical illness
of a permanent nature is eligible to apply for disability retirement if:

      (a) Except as otherwise provided in subsection 5, his employment as
a justice of the Supreme Court, district judge, justice of the peace or
municipal judge will be terminated because of the disability;

      (b) He is employed as a justice of the Supreme Court, a district
judge, a justice of the peace or a municipal judge at the time of
application for disability retirement;

      (c) He proves that his disability renders him unable to perform the
duties of his present position and of any other position he has held
within the past year;

      (d) He files a notarized application for disability retirement with
the System which indicates a selection of option and to which is attached
a personal statement by the member of the Judicial Retirement Plan
describing the disability, the duties which he can and cannot perform,
and any benefits he is entitled to receive for disability from any other
public source; and

      (e) The Court Administrator if the member is a justice of the
Supreme Court or a district judge, the county if the member is a justice
of the peace or the city if the member is a municipal judge, files an
official statement certifying the member’s employment record, record of
disability, absences that have occurred because of the disability, the
effect upon the work of the member after the disability, and job
functions that can and cannot be performed because of the disability.

      2.  Except as otherwise required as a result of NRS 1A.410 , the amount of the disability retirement
allowance must be calculated in the same manner as provided for service
retirement calculations in NRS 1A.440 , except that no reduction for the age of a
member of the Judicial Retirement Plan may be made and that the allowance
must be reduced by the amount of any other benefit received from any
source on account of the same disability:

      (a) If the benefit is provided or was purchased by the expenditure
of money by a Nevada public employer; and

      (b) To the extent that the total of the unmodified benefit and the
other benefit would otherwise exceed his average compensation.

      3.  A member of the Judicial Retirement Plan may apply for
disability retirement even if he is eligible for service retirement.

      4.  Each child of a deceased recipient of a disability retirement
allowance is entitled to receive the benefits provided by NRS 1A.580
only if the decedent had not reached
the age and completed the service required to be eligible for a service
retirement allowance, except that these benefits must not be paid to
anyone who is named as a beneficiary under one of the options to an
unmodified allowance.

      5.  If a member of the Judicial Retirement Plan whose application
for disability retirement has been:

      (a) Approved dies before his employment is terminated, but within
60 days after his application was approved; or

      (b) Mailed before his death, as indicated by the date of the
postmark dated by the post office on the envelope in which it was mailed,
dies before the Board has acted upon his application and the Board
approves thereafter his application,

Ê his beneficiary is entitled to receive an allowance under the option
selected rather than the benefit otherwise provided for a survivor.

      6.  The termination or adjustment of a disability retirement
allowance resulting from the death of a recipient of an allowance
pursuant to this section must not become effective until the first day of
the month immediately following the death of the recipient.

      7.  As used in this section, “public employer” has the meaning
ascribed to it in NRS 286.070 .

      (Added to NRS by 2001 Special Session, 80 ; A 2005, 998 )
 The provisions of NRS 286.630 , 286.634 and
286.637 , concerning disability
retirement, apply to a member of the Judicial Retirement Plan who is
receiving a disability retirement allowance pursuant to NRS 1A.480 .

      (Added to NRS by 2001 Special Session, 81 )


      1.  When the recipient of a disability retirement allowance is
determined by the Board to be no longer disabled, his allowance must be
cancelled.

      2.  A retired justice or judge who retired on account of disability
whose benefit is cancelled may:

      (a) Suspend his monthly benefit until eligible for service
retirement; or

      (b) Elect a service retirement reduced for his age if he has the
service credit necessary to retire.

      (Added to NRS by 2001 Special Session, 81 )


      1.  Except as otherwise provided in subsection 2, whenever a
recipient of a disability retirement allowance pursuant to NRS 1A.480
returns to employment as a justice of
the Supreme Court, district judge, justice of the peace or municipal
judge, the allowance must be discontinued and his service credit at the
time of disability retirement must be restored. The member shall retire
under the same retirement plan previously selected for retirement on
account of disability if he returns to disability retirement or elects
service retirement within 1 year after his return to employment.

      2.  A recipient of a disability retirement allowance may be
employed and continue to receive his allowance if he applies to the Board
for approval of the employment before he begins to work and the Board
approves his application. The application must include:

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

      (b) A statement written by the member of the System declaring the
reasons why the proposed employment should not be found to conflict with
his disability.

      (Added to NRS by 2001 Special Session, 81 ; A 2005, 999 )


      1.  A person may submit a judgment, decree or order of a district
court or the Supreme Court of the State of Nevada relating to child
support, alimony or the disposition of community property to the
Executive Officer of the Board or his designee for a determination of
whether the judgment, decree or order entitles an alternate payee to
receive from the System all or a portion of the allowance or benefit of a
member of the Judicial Retirement Plan or a retired justice or judge.

      2.  The judgment, decree or order submitted to the Executive
Officer of the Board or his designee must be signed by a district judge
or by the justices of the Supreme Court and entered and certified by the
clerk of the district court or the Clerk of the Supreme Court.

      3.  The Executive Officer of the Board or his designee shall, in
accordance with rules prescribed by the Board, determine whether the
judgment, decree or order entitles the alternate payee to receive an
allowance or benefit from the System. An alternate payee is entitled to
receive an allowance or benefit from the Judicial Retirement Plan if the
judgment, decree or order:

      (a) Specifies clearly the names and last known mailing addresses,
if any, of the member of the Judicial Retirement Plan or retired justice
or judge and the alternate payee;

      (b) Specifies clearly the amount, percentage or manner of
determining the amount of the allowance or benefit of the member of the
Judicial Retirement Plan or retired justice or judge that must be paid by
the System to each alternate payee;

      (c) Specifically directs the System to pay an allowance or benefit
to the alternate payee;

      (d) Does not require the System to provide an allowance or benefit
or any option not otherwise provided under this chapter; and

      (e) Does not require the payment of an allowance or benefit to an
alternate payee before the retirement of a member of the Judicial
Retirement Plan.

      4.  For the purposes of this subsection, “alternate payee” means a
spouse, former spouse, child or other dependent of a member of the
Judicial Retirement Plan or retired justice or judge who, pursuant to a
judgment, decree or order relating to child support, alimony or the
disposition of community property, is entitled to receive all or a
portion of the allowance or benefit of a member or retired justice or
judge from the System.

      (Added to NRS by 2001 Special Session, 82 ; A 2005, 1069 )

Benefits for Survivors
 As used in NRS 1A.530 to 1A.670 , inclusive, unless the context otherwise
requires, the words and terms defined in NRS 1A.540 , 1A.550
and 1A.560 have the meanings ascribed
to them in those sections.

      (Added to NRS by 2001 Special Session, 83 )
 “Child” means an unmarried person
under 18 years of age who is the issue or legally adopted child of a
deceased member of the Judicial Retirement Plan. As used in this section,
“issue” means the progeny or biological offspring of the deceased member.

      (Added to NRS by 2001 Special Session, 83 )
 “Dependent parent” means
the surviving parent of a deceased member of the Judicial Retirement Plan
who was dependent upon the deceased member for at least 50 percent of his
support for at least 6 months immediately preceding the death of the
deceased member.

      (Added to NRS by 2001 Special Session, 83 )
 “Spouse” means the surviving husband
or wife of a deceased member of the Judicial Retirement Plan.

      (Added to NRS by 2001 Special Session, 84 )


      1.  Except as otherwise provided in subsection 3, if a deceased
member of the Judicial Retirement Plan had 2 years of creditable service
in the 2 1/2 years immediately preceding his death, or if the employee
had 10 or more years of creditable service, certain of his dependents are
eligible for payments as provided in NRS 1A.530 to 1A.670 , inclusive. If the death of the member
resulted from a mental or physical condition which required him to leave
his position as a justice of the Supreme Court, district judge, justice
of the peace or municipal judge or go on leave without pay, eligibility
pursuant to the provisions of this section extends for 18 months after
his termination or commencement of leave without pay.

      2.  If the death of a member of the Judicial Retirement Plan occurs
while he is on leave of absence for further training and if he met the
requirements of subsection 1 at the time his leave began, certain of his
dependents are eligible for payments as provided in subsection 1.

      3.  If the death of a member of the Judicial Retirement Plan is
caused by an occupational disease or an accident arising out of and in
the course of his employment, no prior creditable service is required to
make his dependents eligible for payments pursuant to NRS 1A.530 to 1A.670 , inclusive, except that this subsection does
not apply to an accident occurring while the member is traveling between
his home and his principal place of employment.

      4.  As used in this section, “dependent” includes a survivor
beneficiary designated pursuant to NRS 1A.620 .

      (Added to NRS by 2001 Special Session, 84 ; A 2005, 999 )


      1.  Each child of a deceased member of the Judicial Retirement Plan
is entitled to receive a cumulative benefit of at least $400 per month,
beginning on the first day of the month following the member’s death.

      2.  Payments to any child cease on the last day of the month of:

      (a) His adoption;

      (b) His death;

      (c) His marriage; or

      (d) Except as otherwise provided in subsection 3, 4 or 5, his
attaining the age of 18 years.

      3.  Except as otherwise provided in subsection 4, these benefits
may be paid to the child of a deceased member of the Judicial Retirement
Plan until the last day of the month of his 23rd birthday if, at the time
that he attains 18 years, he is, and continues thereafter to be, a
full-time student in any accredited:

      (a) High school;

      (b) Vocational or technical school; or

      (c) College or university.

      4.  If the Board ceases the payment of benefits to a child of a
deceased member who received benefits pursuant to subsection 3 because
the child ceased being a full-time student, the Board may resume the
payment of such benefits until the last day of the month of the child’s
23rd birthday if the child returns to full-time status at an accredited:

      (a) High school;

      (b) Vocational or technical school; or

      (c) College or university.

      5.  These benefits may be commenced or extended indefinitely beyond
a child’s 18th birthday if and so long as he is determined by the System
to be:

      (a) Financially dependent; and

      (b) Physically or mentally incompetent.

      6.  All benefits under this section may be paid by the System to
the child’s:

      (a) Surviving parent; or

      (b) Legal guardian.

      7.  The Board shall establish uniform standards and procedures for
determining whether a child is:

      (a) A full-time student;

      (b) Financially dependent; and

      (c) Physically or mentally incompetent.

      (Added to NRS by 2001 Special Session, 84 ; A 2005, 1070 )


      1.  The spouse of a deceased member of the Judicial Retirement Plan
is entitled to receive a cumulative benefit of at least $450 per month.
The payments must begin on the first day of the month immediately
following the death of the member and must cease on the last day of the
month in which the spouse dies.

      2.  The benefits paid pursuant to this section are in addition to
any benefits paid pursuant to NRS 1A.580 .

      (Added to NRS by 2001 Special Session, 85 )


      1.  The spouse of a deceased member of the Judicial Retirement Plan
who had 10 or more years of creditable service is entitled to receive a
monthly allowance equivalent to that provided by:

      (a) Option 3 in NRS 1A.450 , if
the deceased member had less than 15 years of service on the date of his
death; or

      (b) Option 2 in NRS 1A.450 , if
the deceased member had 15 or more years of service on the date of his
death.

Ê To apply the provisions of Options 2 and 3, the deceased member shall
be deemed to have retired on the date of his death immediately after
having named the spouse as beneficiary under the applicable option. This
benefit must be computed without any reduction for age for the deceased
member. The benefits provided by this subsection must be paid to the
spouse for the remainder of the spouse’s life.

      2.  The spouse may elect to receive the benefits provided by any
one of the following only:

      (a) This section; or

      (b) NRS 1A.590 .

      (Added to NRS by 2001 Special Session, 85 )
 The spouse of a deceased member of the Judicial Retirement Plan
who was fully eligible to retire, both as to service and age, is entitled
to receive a monthly allowance equivalent to that provided by Option 2 in
NRS 1A.450 . This section does not
apply to the spouse of a member who was eligible to retire only under
subsection 2 of NRS 1A.350 . For the
purposes of applying the provisions of Option 2, the deceased member
shall be deemed to have retired on the date of his death immediately
after having named the spouse as beneficiary under Option 2. The benefits
provided by this section must be paid to the spouse for the remainder of
the spouse’s life. The spouse may elect to receive the benefits provided
by any one of the following only:

      1.  This section;

      2.  NRS 1A.590 ; or

      3.  NRS 1A.600 .

      (Added to NRS by 2001 Special Session, 86 )
 

      1.  A member of the Judicial Retirement Plan may designate, in
writing, a survivor beneficiary and one or more additional payees to
receive the payments provided pursuant to NRS 1A.630 , 1A.640
or 1A.650 if the member is unmarried
on the date of his death.

      2.  A designation pursuant to subsection 1 must be made on a form
approved by the Executive Officer of the Board. If a member has
designated one or more payees in addition to the survivor beneficiary,
the member must designate the percentage of the payments that the
survivor beneficiary and each additional payee is entitled to receive.

      (Added to NRS by 2001 Special Session, 85 ; A 2003, 2072 )


      1.  Except as otherwise provided in this subsection, the survivor
beneficiary of a deceased member of the Judicial Retirement Plan is
entitled to receive a cumulative benefit of at least $450 per month. If a
member has designated one or more payees in addition to the survivor
beneficiary pursuant to NRS 1A.620 ,
the cumulative benefit paid pursuant to this subsection must be divided
between the survivor beneficiary and any additional payee in the
proportion designated by the member pursuant to NRS 1A.620 . The payments must begin on the first day of
the month immediately following the death of the member and must cease on
the last day of the month in which the survivor beneficiary dies.

      2.  The benefits paid pursuant to this section are in addition to
any benefits paid pursuant to NRS 1A.580 .

      3.  As used in this section, “survivor beneficiary” means a person
designated pursuant to NRS 1A.620 .

      (Added to NRS by 2001 Special Session, 85 ; A 2003, 2072 )


      1.  Except as otherwise provided in subsection 2, the survivor
beneficiary of a deceased member of the Judicial Retirement Plan who had
10 or more years of creditable service is entitled to receive a monthly
allowance equivalent to that provided by:

      (a) Option 3 in NRS 1A.450 , if
the deceased member had less than 15 years of service on the date of his
death; or

      (b) Option 2 in NRS 1A.450 , if
the deceased member had 15 or more years of service on the date of his
death.

Ê To apply the provisions of Options 2 and 3, the deceased member shall
be deemed to have retired on the date of his death immediately after
having named the survivor beneficiary as beneficiary pursuant to the
applicable option. This benefit must be computed without any reduction
for age for the deceased member. The benefits provided by this subsection
must be paid to the survivor beneficiary for the remainder of the life of
the survivor beneficiary.

      2.  If the member had designated one or more payees in addition to
the survivor beneficiary pursuant to NRS 1A.620 , the monthly allowance to which a survivor
beneficiary is entitled pursuant to subsection 1 must be divided between
the survivor beneficiary and any additional payee in the proportion
designated by the member pursuant to NRS 1A.620 .

      3.  The survivor beneficiary may elect to receive the benefits
provided by any one of the following only:

      (a) This section; or

      (b) NRS 1A.630 .

      4.  As used in this section, “survivor beneficiary” means a person
designated pursuant to NRS 1A.620 .

      (Added to NRS by 2001 Special Session, 85 ; A 2003, 2073 )


      1.  Except as otherwise provided in subsection 2, the survivor
beneficiary of a deceased member of the Judicial Retirement Plan who was
fully eligible to retire, both as to service and age, is entitled to
receive a monthly allowance equivalent to that provided by Option 2 in
NRS 1A.450 . This section does not
apply to the survivor beneficiary of a member who was eligible to retire
only pursuant to subsection 2 of NRS 1A.350 . For the purposes of applying the provisions
of Option 2, the deceased member shall be deemed to have retired on the
date of his death immediately after having named the survivor beneficiary
as beneficiary pursuant to Option 2. The benefits provided by this
section must be paid to the survivor beneficiary for the remainder of the
life of the survivor beneficiary. The survivor beneficiary may elect to
receive the benefits provided by any one of the following only:

      (a) This section;

      (b) NRS 1A.630 ; or

      (c) NRS 1A.640 .

      2.  If the member had designated one or more payees in addition to
the survivor beneficiary pursuant to NRS 1A.620 , the monthly allowance to which a survivor
beneficiary is entitled pursuant to subsection 1 must be divided between
the survivor beneficiary and any additional payee in the proportion
designated by the member pursuant to NRS 1A.620 .

      3.  As used in this section, “survivor beneficiary” means a person
designated pursuant to NRS 1A.620 .

      (Added to NRS by 2001 Special Session, 86 ; A 2003, 2073 )
 If payments
are not made pursuant to the provisions of NRS 1A.580 , 1A.590 ,
1A.600 , 1A.630 or 1A.640 , the dependent parent of a deceased member
of the Judicial Retirement Plan is entitled to receive a cumulative
benefit of at least $400 per month, and if there are two dependent
parents, each is entitled to receive a cumulative benefit of at least
$400 per month. Payments to any parent pursuant to this section must
cease upon the death of that parent.

      (Added to NRS by 2001 Special Session, 86 )
 The amount of each monthly allowance paid as specified in NRS
1A.580 to 1A.660 , inclusive, must not exceed the deceased
member of the Judicial Retirement Plan’s average compensation and must be
reduced by the amount of any other benefit received from any source:

      1.  If that benefit was provided or purchased by the expenditure of
money by this State if the deceased member was a justice of the Supreme
Court or district judge, by the county if the deceased member was a
justice of the peace or by the city if the deceased member was a
municipal judge, except for lump-sum payments under a group insurance
program; and

      2.  To the extent that the total of the allowance and the other
benefit would otherwise exceed the deceased member’s average compensation.

      (Added to NRS by 2001 Special Session, 86 ; A 2005, 1000 )