Nac: Chapter 286 - Public Employees’ Retirement

Link to law: http://www.leg.state.nv.us/nac/NAC-286.html
Published: 2015

[Rev. 11/21/2013 4:00:52

PM--2013]



[NAC-286 Revised Date: 4-12]

CHAPTER 286 - PUBLIC EMPLOYEES’ RETIREMENT

286.010            Interpretation of terms used in NRS 286.025.

286.020            Interpretation of terms used in NRS 286.293.

286.030            “Consecutive months” interpreted;

average compensation not prorated.

286.040            Registration for membership.

286.050            Participation of part-time

employees.

286.060            Member’s rights not impaired by

transfer.

286.070            Transfers between funds.

286.080            Transfer of police officer or

firefighter eligible for early retirement.

286.090            Monthly reports: Addition of new

members.

286.100            Monthly reports: Listing of

employees.

286.110            Monthly reports: Retroactive

adjustment.

286.120            Employers’ liability for adjusted

reports.

286.130            Monthly summary.

286.140            Employer paying employee

contributions.

286.150            Submission of statement of hours in

workday and days in workweek.

286.160            Credit for service: Contributions.

286.170            Credit for service: Calculation;

employer to provide documents.

286.180            Credit for service: Credit as

police officer or firefighter.

286.190            Purchase of service: Cost for

police officers and firefighters.

286.200            Purchase of service: Cost for

employees other than police officers and firefighters.

286.210            Purchase of service: Agreement to

deduct payments.

286.220            Purchase of service: Effect of purchasing

only portion of service.

286.230            Purchase of service: Use of

service.

286.240            Purchase of service: Refunds.

286.250            Repayment of withdrawn contributions.

286.260            Failure to complete repayment

according to agreed schedule.

286.270            Monthly benefit check.

286.280            Completion of application for

disability retirement allowance on behalf of incapable applicant.

286.290            Physical examination of retired

employee with disability.

286.300            Notice of physical examination

costing more than $200.

286.310            Examinations unrelated to

disability or involving medical treatment.

286.320            Approval of employment of retired

employee with disability.

286.330            Suspension of disability retirement

allowance.

286.340            Status of retired employee with

disability eligible for service retirement.

286.350            Transfer from disability retirement

to service retirement.

286.360            Reenrollment of retired employee.

286.370            Death of retired employee.

286.380            Application for benefits for

survivors.

286.390            Cancellation of benefits for

survivors.

286.400            Claims that benefits are community

property.

286.410            Request for estimate of service

retirement allowance.

286.420            Proof of birth date and change of

name.

286.430            Appeal of adverse decision to

Board; reconsideration by Board.

286.440            Request for appeal or

reconsideration; statement from member of staff.

286.450            Procedure for appeal.

 

      NAC 286.010  Interpretation of terms used in NRS

286.025. (NRS 286.200)  The

Board interprets these terms, as used in NRS 286.025, as follows:

     1.  “Payment for hazardous duty” means

regular additional compensation paid to an eligible employee by a public

employer for performing dangerous work.

     2.  “Payment for longevity” means additional

compensation paid to an eligible employee by a public employer based on the

employee’s years of service.

     3.  “Payment for shift differential” means

additional compensation paid to an eligible employee by a public employer for

employment which does not involve a regular shift.

     4.  “Payment for terminal leave” means

compensation for all accumulated leave or bonuses which is paid to an eligible

employee upon the termination of employment for any cause including death.

     5.  “Secondary employment” means additional

public employment which is not eligible for contributions.

     [Pub. Emp. Retirement Bd., § 1, eff. 7-16-82]

      NAC 286.020  Interpretation of terms used in NRS 286.293. (NRS 286.200)  The

Board interprets these terms, as used in NRS 286.293, as follows:

     1.  “Half-time” means half of the full-time

work schedule established for a public employer for at least 120 consecutive

workdays.

     2.  “Position” means employment with a public

employer that is included in the official budget of the organization or has

been approved by a person who is authorized to approve the employment.

     [Pub. Emp. Retirement Bd., § 2, eff. 7-16-82]

      NAC 286.030  “Consecutive months” interpreted; average compensation not

prorated. (NRS

286.200)  For

the purposes of NRS 286.551 and 286.650:

     1.  The Board interprets “consecutive months”

to mean those months, one following the other, in which some compensation is

reported or service credit received, whether or not any actual work is

performed.

     2.  When calculating average compensation,

the compensation which is reported will not be prorated to reflect the portion

of the month which the reported compensation represents.

     [Pub. Emp. Retirement Bd., § 3, eff. 7-16-82]

      NAC 286.040  Registration for membership. (NRS 286.200)

     1.  To register for membership in the System,

an employee must complete the appropriate form. The form must be certified by

his or her public employer.

     2.  The form registering a retired employee

of the System who elects to return to membership and is employed by a public

employer participating in the System must be clearly marked “retired employee.”

     [Pub. Emp. Retirement Bd., § 6, eff. 7-16-82]

      NAC 286.050  Participation of part-time employees. (NRS 286.200)

     1.  A person shall participate in the Public

Employees’ Retirement System if he or she is employed in two or more regular

positions that total half time or more according to the full-time schedule of

each employer.

     2.  If two or more persons are assigned to

fill a single position considered to be half time or more, then each person

shall participate in the System regardless of whether or not they individually

qualify for enrollment.

     [Pub. Emp. Retirement Bd., §§ 4 & 5, eff. 7-16-82]

 

 

      NAC 286.060  Member’s rights not impaired by transfer. (NRS 286.200)  Transfers

which are made between the Public Employees’ Retirement Fund and the Police and

Firefighters’ Retirement Fund or between one public employer and another do not

impair a member’s rights in the System.

     [Pub. Emp. Retirement Bd., § 7, eff. 7-16-82]

      NAC 286.070  Transfers between funds. (NRS 286.200)

     1.  The Executive Officer shall transfer all

rights, credit, contributions and interest thereon of any member enrolled in

the Police and Firefighters’ Retirement Fund who changes to employment covered

by the Public Employees’ Retirement Fund to the Public Employees’ Retirement

Fund.

     2.  The Executive Officer shall transfer all

rights, credit, contributions and interest thereon of any member enrolled in

the Public Employees’ Retirement Fund who accepts a position covered by the

Police and Firefighters’ Retirement Fund to the Police and Firefighters’

Retirement Fund.

     3.  If a police officer or firefighter

qualifies for and elects early retirement, and has contributions in the Public

Employees’ Retirement Fund, the Executive Officer shall transfer all credit for

service, employee and employer contributions, and all interest earned thereon,

to the Police and Firefighters’ Retirement Fund.

     4.  Interest on funds transferred to and from

the Police and Firefighters’ Retirement Fund and the Public Employees’

Retirement Fund will be computed as of June 30 of the prior fiscal year. No

interest which accrues after that date will be transferred.

     [Pub. Emp. Retirement Bd., §§ 49-52, eff. 7-16-82]

      NAC 286.080  Transfer of police officer or firefighter eligible for early

retirement. (NRS

286.200)  A

member who has completed 10 years of actual service as a police officer or

firefighter will not lose the right to early retirement provided in subsection

2 of NRS 286.510 if he or she

subsequently transfers to employment other than as a police officer or

firefighter.

     [Pub. Emp. Retirement Bd., § 54, eff. 7-16-82]

      NAC 286.090  Monthly reports: Addition of new members. (NRS 286.200)  A new

member of the System may not be added to the employer’s monthly report made

pursuant to NRS 286.460 unless a

completed form registering the new member is attached to the report.

     [Pub. Emp. Retirement Bd., § 12, eff. 7-16-82]

      NAC 286.100  Monthly reports: Listing of employees. (NRS 286.200)

     1.  The monthly report must separately list

the names of the employees who pay employee contributions, employees for whom

the employer pays employee contributions, and police officers and firefighters.

     2.  The employer must list the names of

members in alphabetical order according to the groups described in subsection

1.

     3.  An employee may not be listed under two

groups on the same monthly report.

     4.  An employee may not be listed on the

monthly report if the employee has not received any salary for which

contributions are made in that particular month.

     [Pub. Emp. Retirement Bd., §§ 13-16, eff. 7-16-82]

      NAC 286.110  Monthly reports: Retroactive adjustment. (NRS 286.200)  An

employer must submit retroactive adjustments to a monthly report in a separate

report and must indicate the month to which the adjustment is applicable. An

employer may submit minor corrections by a letter which certifies the

corrections.

     [Pub. Emp. Retirement Bd., § 17, eff. 7-16-82]

 

      NAC 286.120  Employers’ liability for adjusted reports. (NRS 286.200)  If an

employer makes an adjustment to a monthly report made pursuant to NRS 286.460 after an employee has

terminated employment and withdrawn his or her contributions, the employer will

be liable to the System for the payment of employees’ and employers’

contributions which were specified in the original report.

     [Pub. Emp. Retirement Bd., § 8, eff. 7-16-82]

      NAC 286.130  Monthly summary. (NRS 286.200)  A public

employer shall complete and submit a monthly summary which certifies the totals

reported in the monthly report.

     [Pub. Emp. Retirement Bd., § 18, eff. 7-16-82]

      NAC 286.140  Employer paying employee contributions. (NRS 286.200)

     1.  A public employer may pay employee

contributions on behalf of a specific, established or recognized group of its

employees.

     2.  A public employer must provide prior

written notice to the System certifying that on a given date it will begin

paying contributions on behalf of its employees in lieu of increasing their

salaries or counterbalancing the contributions by reducing their salaries.

     [Pub. Emp. Retirement Bd., §§ 10 & 11, eff. 7-16-82]

      NAC 286.150  Submission of statement of hours in workday and days in workweek. (NRS 286.200)  Each public employer shall submit a

statement to the System certifying the number of hours in a regular workday and

the number of days in a regular workweek for their employees, except that:

     1.  A school district may certify a separate

workday and workweek for teachers, nonteaching employees and classified

employees.

     2.  The Nevada System of Higher Education may

certify a separate workday and workweek for classified employees and

professional staff.

     3.  Employers, other than the Nevada System

of Higher Education and school districts, may certify a separate workday and

workweek for regular employees and police officers and firefighters.

     [Pub. Emp. Retirement Bd., § 59, eff. 7-16-82]

      NAC 286.160  Credit for service: Contributions. (NRS 286.200)  The

System must receive all required contributions for members to receive credit

for eligible service.

     [Pub. Emp. Retirement Bd., § 19, eff. 7-16-82]

      NAC 286.170  Credit for service: Calculation; employer to provide documents. (NRS 286.200)

     1.  A public employer shall provide to the

System all documents regarding the employment and the firing of employees which

affect the credit for service of any member.

     2.  Except as otherwise provided in

subsection 3, credit for service will be calculated based on records of

employment and contributions submitted to the System.

     3.  If sufficient documents regarding

employment are not available for a certain period, credit for service will be

calculated by dividing the employee’s earnings during that period by his or her

reported compensation during a comparable preceding period.

     [Pub. Emp. Retirement Bd., §§ 20-22, eff. 7-16-82]

      NAC 286.180  Credit for service: Credit as police officer or firefighter. (NRS 286.200)

     1.  The following persons will receive credit

for service as a police officer or firefighter only for as long as they remain

in their respective positions:

     (a) Any person who, before July 1, 1977, was a

member of the Police Department of the Nevada System of Higher Education, a

special investigator employed by the Attorney General or by a district

attorney, or a correctional officer of the state prison whose duties did not

require daily contact with the prisoners during a majority of his or her work;

     (b) Any person who, before July 1, 1979, was a

parole and probation officer of the Division of Parole and Probation of the

Department of Public Safety; and

     (c) Any person who, as of June 30, 1977, was

serving in a position for which he or she was contributing at the rate

established for police officers and firefighters and who continues contributing

at that rate.

     2.  No such person may receive any additional

credit towards early retirement once his or her particular employment is

terminated, even if that person subsequently returns to the same employment.

     [Pub. Emp. Retirement Bd., § 48, eff. 7-16-82]

      NAC 286.190  Purchase of service: Cost for police officers and firefighters. (NRS 286.200)  The cost

of purchasing service for police officers and firefighters will be calculated

by multiplying the percentage corresponding to the age of the member at the

time of the purchase by his or her average compensation at the time of the

purchase. The percentages for police officers and firefighters are:

 



Age





Percentage





Age





Percentage





Age





Percentage





Age





Percentage







18





12.1





34





16.7





50





22.9





66





18.5







19





12.3





35





17.0





51





23.4





67





17.9







20





12.6





36





17.4





52





23.8





68





17.3







21





12.8





37





17.7





53





24.3





69





16.8







22





13.1





38





18.1





54





24.8





70





16.2







23





13.4





39





18.4





55





24.3





71





15.6







24





13.6





40





18.8





56





23.9





72





15.1







25





13.9





41





19.2





57





23.4





73





14.5







26





14.2





42





19.6





58





22.9





74





14.0







27





14.5





43





19.9





59





22.4





75





13.4







28





14.8





44





20.3





60





21.9





76





12.8







29





15.1





45





20.7





61





21.3





77





12.3







30





15.4





46





21.2





62





20.8





78





11.7







31





15.7





47





21.6





63





20.2





79





11.2







32





16.0





48





22.0





64





19.7





80





10.7







33





16.3





49





22.5





65





19.1





 





 





 

     [Pub. Emp. Retirement Bd., § 53, eff. 7-16-82]

      NAC 286.200  Purchase of service: Cost for employees other than police

officers and firefighters. (NRS 286.200)

     1.  The cost of purchasing service will be

calculated by multiplying the percentage corresponding to the age of the member

at the time of the purchase by his or her average compensation at the time of

the purchase. The percentages for regular members are:

 



Age





Percentage





Age





Percentage





Age





Percentage





Age





Percentage







18





9.8





34





13.6





50





18.7





66





18.5







19





10.0





35





13.9





51





19.1





67





17.9







20





10.2





36





14.2





52





19.5





68





17.3







21





10.4





37





14.4





53





19.9





69





16.8







22





10.6





38





14.7





54





20.3





70





16.2







23





10.9





39





15.0





55





20.7





71





15.6







24





11.1





40





15.3





56





21.1





72





15.1







25





11.3





41





15.7





57





21.5





73





14.5







26





11.6





42





16.0





58





22.0





74





14.0







27





11.8





43





16.3





59





22.4





75





13.4







28





12.0





44





16.6





60





21.9





76





12.8







29





12.3





45





17.0





61





21.3





77





12.3







30





12.5





46





17.3





62





20.8





78





11.7







31





12.8





47





17.7





63





20.2





79





11.2







32





13.1





48





18.0





64





19.7





80





10.7







33





13.3





49





18.4





65





19.1





 





 





 

     2.  The percentages listed in subsection 1

apply even if service is purchased when the employee retires.

     [Pub. Emp. Retirement Bd., § 23, eff. 7-16-82]

      NAC 286.210  Purchase of service: Agreement to deduct payments. (NRS 286.200)

     1.  A member may enter into an agreement with

the System to purchase service by the deduction of monthly payments from the

member’s paycheck.

     2.  If a public employer will not allow

deductions for this purpose, the member must purchase the service by the

payment of a lump sum.

     3.  Interest paid pursuant to such an

agreement may not be credited to the member’s account.

     [Pub. Emp. Retirement Bd., § 28, eff. 7-16-82]

      NAC 286.220  Purchase of service: Effect of purchasing only portion of

service. (NRS

286.200)  A

member who purchases any portion of his or her service may later purchase the

remaining portion of that service.

     [Pub. Emp. Retirement Bd., § 26, eff. 7-16-82]

      NAC 286.230  Purchase of service: Use of service. (NRS 286.200)  A member

may use purchased service for the same purposes as any other service.

     [Pub. Emp. Retirement Bd., § 27, eff. 7-16-82]

      NAC 286.240  Purchase of service: Refunds. (NRS 286.200)

     1.  Only 50 percent of the principal amount

which is paid to purchase service will be refunded under any circumstances. If

an employer or another person contributes more than 50 percent of the cost of

the service, and if the member receives a refund of part of the cost, the

employer or other person will receive the amount by which his or her

contribution exceeded 50 percent of the cost of the service and the member will

receive the balance of the refund.

     2.  If a refund is made after retirement, any

benefits the member has received will be offset against employee contributions

before they are offset against the refundable price of any purchased service.

     [Pub. Emp. Retirement Bd., §§ 24 & 25, eff. 7-16-82]

      NAC 286.250  Repayment of withdrawn contributions. (NRS 286.200)

     1.  If a member wishes to repay withdrawn

contributions after qualifying for repayment, he or she must remain a member of

the System but is not required to be a contributing member.

     2.  A member who has received more than one

refund from the System and who wishes to repay the withdrawn contributions must

first repay either the total of all refunds or the most recent refund.

     [Pub. Emp. Retirement Bd., §§ 29 & 31, eff. 7-16-82]

      NAC 286.260  Failure to complete repayment according to agreed schedule. (NRS 286.200)  If a

member fails to complete payments according to an agreed schedule of repayment,

the agreement will be terminated and the member may:

     1.  Receive a refund of all of his or her

payments;

     2.  Repay the balance remaining, including

any recalculated interest, in a lump sum at any time if he or she is still a

member of the System; or

     3.  Receive service credit for previous

service in the same proportion that his or her repayment of withdrawn

contributions at the time of the termination of the agreement bears to the

total amount of withdrawn contributions.

     [Pub. Emp. Retirement Bd., § 30, eff. 7-16-82]

      NAC 286.270  Monthly benefit check. (NRS 286.200)  A

retired employee may designate that his or her monthly benefit check be:

     1.  Mailed directly to a specified address;

     2.  Mailed directly to his or her account in

a credit union, a savings and loan association or a commercial bank which is

not in this state; or

     3.  Transmitted through a system for the

electronic transfer of funds to his or her account in a commercial bank which

is in this state and which is capable of receiving funds in this manner.

     [Pub. Emp. Retirement Bd., § 45, eff. 7-16-82]

      NAC 286.280  Completion of application for disability retirement allowance on

behalf of incapable applicant. (NRS 286.200)  If an

applicant for a disability retirement allowance is physically or mentally

incapable of completing and submitting the required form, and the Executive Officer

so approves, a liaison officer or the applicant’s spouse may complete the form

on the applicant’s behalf.

     [Pub. Emp. Retirement Bd., § 32, eff. 7-16-82]

      NAC 286.290  Physical examination of retired employee with disability. (NRS 286.200, 286.637)

     1.  A retired employee with a disability must

submit to an annual medical examination unless it is waived by the Board.

     2.  If the Board’s medical adviser certifies

that a retired employee with a disability will remain permanently and totally

unable to perform his or her previous job or a comparable job, the Board will

waive the requirement for an annual medical examination.

     3.  The Executive Officer shall suspend the

disability retirement allowance of a retired employee with a disability who has

been requested to submit a report of a medical examination and fails to submit

the report to the System by the end of February of any year.

     [Pub. Emp. Retirement Bd., §§ 33 & 34, eff. 7-16-82]

      NAC 286.300  Notice of physical examination costing more than $200. (NRS 286.200)

     1.  A retired employee with a disability and

his or her physician must notify the Executive Officer in advance of any

medical examination which will cost more than $200.

     2.  If the Executive Officer does not approve

the examination, the System will not pay for it.

     [Pub. Emp. Retirement Bd., § 35, eff. 7-16-82]

      NAC 286.310  Examinations unrelated to disability or involving medical

treatment. (NRS

286.200)  The

System will not pay for a medical examination or any expense which does not

directly relate to the disability or which involves any medical treatment.

     [Pub. Emp. Retirement Bd., § 36, eff. 7-16-82]

      NAC 286.320  Approval of employment of retired employee with disability. (NRS 286.200)  The

Board will not approve the employment of a retired employee with a disability

in a position which would normally be eligible for membership in the System

unless his or her benefits are discontinued.

     [Pub. Emp. Retirement Bd., § 38, eff. 7-16-82]

 

 

      NAC 286.330  Suspension of disability retirement allowance. (NRS 286.200)  The

Executive Officer shall suspend the disability retirement allowance of any

retired employee with a disability who fails by May 1 of any year to provide

the System a copy of his or her income tax return and withholding statement for

the preceding year.

     [Pub. Emp. Retirement Bd., § 39, eff. 7-16-82]

      NAC 286.340  Status of retired employee with disability eligible for service

retirement. (NRS

286.200)  A

retired employee with a disability who becomes eligible for service retirement

is considered a retired employee with a disability by the System.

     [Pub. Emp. Retirement Bd., § 37, eff. 7-16-82]

      NAC 286.350  Transfer from disability retirement to service retirement. (NRS 286.200)  A

retired employee with a disability, if otherwise eligible, may elect to change

from a disability retirement to a service retirement. The change becomes

effective upon the date that his or her written request is received in the

System’s offices.

     [Pub. Emp. Retirement Bd., § 40, eff. 7-16-82]

      NAC 286.360  Reenrollment of retired employee.

(NRS 286.200)  If a

retired employee accepts employment in a position whose occupant is thereby

eligible for membership and elects to reenroll in the System:

     1.  No benefits for survivors payable under NRS 286.671 to 286.679, inclusive, will be paid to

any spouse, child or parent of the previously retired employee if he or she

dies during his or her period of reestablished membership; and

     2.  A refund of any employee contributions

paid during a period of reestablished membership will be paid to the named

beneficiary of the employee who dies during a period of reestablished

membership.

     [Pub. Emp. Retirement Bd., § 47, eff. 7-16-82]

      NAC 286.370  Death of retired employee. (NRS 286.200)  If a

retired employee dies, the benefits earned but not yet paid and the surplus of

employee contributions over total benefits received, if any, will be disbursed

as follows:

     1.  If the named beneficiary is a spouse, the

portion of the monthly benefit earned from the first of the final month to the

date of death and, for those retired under the unmodified plan, any employee

contributions in excess of benefits received, will be paid in one lump sum to

the spouse.

     2.  If the named beneficiary is not a spouse,

then the portion of the monthly benefit earned from the first of the final

month to the date of death will be paid to the estate of the deceased and, for

those retired under the unmodified plan, any employee contributions in excess

of benefits received will be paid to the named beneficiary.

     3.  If the System receives a communication

which reasonably establishes that the will of the deceased will not be

probated, the portion of the monthly benefit earned from the first of the final

month to the date of death will be paid to the spouse or, if there is no

spouse, to the heirs of the deceased. Any employee contributions in excess of

benefits received will be paid to the named beneficiary or, if there is no

named beneficiary, to the heirs of the deceased.

     [Pub. Emp. Retirement Bd., § 46, eff. 7-16-82]

      NAC 286.380  Application for benefits for survivors. (NRS 286.200)  To

receive payments pursuant to NRS

286.671 to 286.679,

inclusive, a recipient of benefits or the guardian of a recipient who is a

minor must complete and submit the proper form for applying for such payments.

The form must be submitted with all required documentation.

     [Pub. Emp. Retirement Bd., § 42, eff. 7-16-82]

      NAC 286.390  Cancellation of benefits for survivors. (NRS 286.200)  A

cancellation of benefits which are paid pursuant to NRS 286.671 to 286.679, inclusive, to any one

recipient of benefits does not affect the benefits which are paid to other

eligible recipients.

     [Pub. Emp. Retirement Bd., § 41, eff. 7-16-82]

      NAC 286.400  Claims that benefits are community property. (NRS 286.200)

     1.  The Executive Officer shall acknowledge

receipt of and honor a written claim made pursuant to NRS 123.240 that a member’s

contributions or benefits are community property.

     2.  The Executive Officer shall advise the

member and claimant that the payment of contributions or benefits will be

postponed until 90 days after the normal date of payment so that the claimant

may obtain a court order regarding disposition at that time.

     3.  Any court order must be issued by a court

that has jurisdiction over the System and must name the System specifically.

     4.  The Executive Officer may not make

payment of a member’s contributions or benefits to any such claimant or

pursuant to any court order unless the member applies for a refund or a

retirement benefit, or dies.

     [Pub. Emp. Retirement Bd., § 9, eff. 7-16-82]

      NAC 286.410  Request for estimate of service retirement allowance. (NRS 286.200)

     1.  A person may not obtain from the System

an estimate of the present or future value of his or her retirement benefits,

but a person may obtain an estimate of his or her service retirement allowance.

     2.  A member must provide the following

information to the System when requesting an estimate of his or her service

retirement allowance:

     (a) The member’s name, social security number,

proof of birth date and proof of all changes of his or her name;

     (b) The name of the member’s public employer; and

     (c) If the member wishes to select an optional

plan, the beneficiary’s name and social security number, proof of the

beneficiary’s birth date and proof of all of the beneficiary’s changes of name.

     [Pub. Emp. Retirement Bd., §§ 43 & 58, eff. 7-16-82]

      NAC 286.420  Proof of birth date and change of name. (NRS 286.200)  A

person’s birth date and changes of name may be established by:

     1.  A certified copy of a birth certificate;

     2.  A certificate of baptism or a certified

copy of the certificate;

     3.  A delayed certificate of birth; or

     4.  Any two of the following:

     (a) A school’s record of age or a certified copy of

the record.

     (b) A record of military service or a certified

copy of the record.

     (c) A record of marriage, if the person’s date of

birth is shown on the record, or a certified copy of the record.

     (d) A certificate of naturalization of the person

or of his or her parents, if the person’s age is stated on the certificate.

     (e) A transcript of records from the United States

Bureau of the Census.

     (f) A certified copy of a family Bible which

includes the name of the person who entered the date of birth in the Bible,

when the date of birth was entered, an explanation of any corrections and the date

of the printing of the Bible.

     (g) A passport.

     (h) A notarized statement by a person who has

personal knowledge of the date of birth and who was an adult at the time of the

birth.

     (i) A record of the Department of Motor Vehicles or

a comparable agency in another state.

 

 

     (j) A hospital’s record of birth.

     (k) Records compiled pursuant to the Social

Security Act.

     (l) Records of registration to vote.

     (m) Any document which is more than 10 years old

and which lists the person’s date of birth.

     [Pub. Emp. Retirement Bd., § 44, eff. 7-16-82]

      NAC 286.430  Appeal of adverse decision to Board; reconsideration by Board. (NRS 286.200)

     1.  Any member, retired employee or

beneficiary, or his or her spouse, or any person having a claim against the

System may appeal to the Board from a decision made by the System’s staff or an

interpretation of the Public Employees’ Retirement Act, these regulations or

the policies and procedures of the System.

     2.  The Board will reconsider its decision or

action if the person aggrieved presents new evidence to the Board which was not

available or the existence of which was not known to the person and could not

reasonably have been known to him or her at the time the matter was originally

presented to the Board.

     3.  The Board will allow only one

reconsideration.

     [Pub. Emp. Retirement Bd., § 55, eff. 7-16-82]

      NAC 286.440  Request for appeal or reconsideration; statement from member of

staff. (NRS

286.200)

     1.  A person or the person’s representative

must request an appeal or reconsideration in writing and submit it to the

System within 45 days after notification of the decision made by the staff or

the Board.

     2.  A written request for an appeal or

reconsideration must reasonably describe the complete basis for the request and

must set forth the relief which is being requested from the Board.

     3.  A member of the System’s staff will

submit a statement for the record listing the legal basis for the staff’s

determination, a chronological development of events, the situation as

indicated by the records and documents available to the System and any legal

references which may be relevant to the Board’s decision.

     [Pub. Emp. Retirement Bd., § 56, eff. 7-16-82]

      NAC 286.450  Procedure for appeal. (NRS 286.200)  An

appeal before the Board will be conducted as follows:

     1.  A member of the staff shall provide a

brief, objective summary of the problem and the reasons for the staff’s

decision.

     2.  The appellant or the appellant’s

representative shall give a brief presentation advising the Board of the basis

of the appeal and the legal or equitable reasons for requesting relief and the

specific relief that is being requested from the Board.

     3.  The Board may request a deputy attorney

general to provide any necessary legal interpretations.

     4.  Members of the Board may ask questions of

members of the staff, the appellant, the appellant’s representative, the deputy

attorney general or any combination of these persons.

     5.  The Board’s Chair will request whether or

not any member of the staff, the appellant, the appellant’s representative or

the deputy attorney general have any additional statements to make for the

record.

     6.  The Board’s Chair will state that the

matter will be taken under advisement by the Board, that a decision will be

made and that a member of the staff will communicate the Board’s decision to

the appellant or the appellant’s representative in writing.

     [Pub. Emp. Retirement Bd., § 57, eff. 7-16-82]
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