[Rev. 2/10/2015 3:55:55
PM--2014R2]
CHAPTER 1A - JUDICIAL RETIREMENT
GENERAL PROVISIONS
NRS 1A.010 Definitions.
NRS 1A.020 “Board”
defined.
NRS 1A.030 “Compensation”
defined.
NRS 1A.040 “Disability
retirement allowance” defined.
NRS 1A.050 “Judicial
Retirement Plan” defined.
NRS 1A.060 “Retired
justice or judge” defined.
NRS 1A.070 “Service”
defined.
NRS 1A.080 “Service
retirement allowance” defined.
NRS 1A.090 “System”
defined.
NRS 1A.100 Judicial
Retirement System: Establishment; public inspection of records; administration
by Public Employees’ Retirement Board; legislative review.
NRS 1A.110 Limitations
on review and copying of records; waiver.
NRS 1A.120 Right
to benefits not subject to taxes, process, bankruptcy, assignment or assessment
for impairment or insolvency of insurance company; exceptions.
NRS 1A.130 Application
for allowances for service retirement or disability retirement; effective date
of retirement; rights of present or former spouse; System exempted from
liability for false designation of marital status by member or justice or judge
who retires.
NRS 1A.140 Person
convicted of murder or voluntary manslaughter of member of System ineligible to
receive benefits.
NRS 1A.150 False
statement or certification; withholding of information.
ADMINISTRATION
NRS 1A.160 Judicial
Retirement Fund: Establishment; policy; sources; payments.
NRS 1A.170 Administration
and investment of Judicial Retirement Fund.
NRS 1A.180 Contributions
to Judicial Retirement Fund; adjustment of contribution rate.
NRS 1A.190 Transfer
of unpaid check for benefits or refund to Judicial Retirement Fund; claim for
payment of money; period of limitation.
NRS 1A.200 Judicial
Retirement Administrative Fund; administrative fees.
NRS 1A.210 Fund
to pay accrued benefits that are not payable because of certain limitations;
benefits paid from fund.
NRS 1A.220 System
managed by Public Employees’ Retirement Board; general powers and duties of
Board.
NRS 1A.230 Actuarial
assumptions used in computing benefits: Availability; changes prohibited.
NRS 1A.240 Persons
receiving benefits from System entitled to cost-of-living increases.
NRS 1A.250 Administration
of accounts of members and recipients of benefits.
MEMBERSHIP
NRS 1A.260 Conditions
for membership in System.
NRS 1A.270 Membership
of Supreme Court justices, judges of the Court of Appeals and district judges
who are elected, reelected or appointed on or after November 5, 2002;
membership of Supreme Court justices and district judges who are serving on November
5, 2002; restriction on benefits.
NRS 1A.280 Withdrawal
from Public Employees’ Retirement System to become member of Judicial
Retirement Plan; transfer of liability and service; re-establishment of service
prohibited; restriction on benefits.
NRS 1A.285 Membership
of justices of the peace and municipal judges; withdrawal from Public
Employees’ Retirement System to become member of Judicial Retirement Plan;
transfer of liability and service; re-establishment of service prohibited;
restriction on benefits.
NRS 1A.290 Termination
of membership; rights of justices or judges who have retired.
JUDICIAL RETIREMENT PLAN
General Provisions
NRS 1A.300 Establishment;
members; benefits.
NRS 1A.310 Purchase
of credit for service: Requirements; sources; installments.
Service and Vesting of Allowances and Benefits
NRS 1A.320 Service
credit: Commencement; termination.
NRS 1A.330 Service
credited in another system ineligible; exception.
NRS 1A.340 Time
of vesting; vesting of benefits upon termination of System.
Retirement
NRS 1A.350 Eligibility:
Age and service; reduction of benefit for retirement before required age.
NRS 1A.360 Employment
of retired justice or judge: Consequences; payment of contributions for justice
or judge who does not enroll in Plan. [Effective through June 30, 2015.]
NRS 1A.360 Employment
of retired justice or judge: Consequences; payment of contributions for justice
or judge who does not enroll in Plan. [Effective July 1, 2015.]
NRS 1A.370 Employment
of retired justice or judge: Enrollment in Plan; rights of membership; accrual
of credit for service; benefits for survivor. [Effective through June 30,
2015.]
NRS 1A.370 Employment
of retired justice or judge: Enrollment in Plan; rights of membership; accrual
of credit for service; benefits for survivor. [Effective July 1, 2015.]
Benefits
NRS 1A.390 Limitation
on distributions to members.
NRS 1A.400 Limitation
on compensation used to determine retirement benefit.
NRS 1A.410 Limitations
on benefits and contributions.
NRS 1A.420 Prohibition
against applying forfeitures to increase benefits.
NRS 1A.430 Consent
of spouse to retirement plan of member.
NRS 1A.440 Determination
of monthly allowance for service retirement.
NRS 1A.450 Optional
plans: Alternatives to unmodified allowance for service retirement.
NRS 1A.460 Optional
plans: Death of beneficiary; change of selection; effective date of termination
or adjustment of allowance.
NRS 1A.470 Optional
deduction from benefits for payment of premium or contribution for group
insurance or other obligations; regulations; exemption of Executive Officer,
Board and System from liability for errors or omissions.
NRS 1A.480 Disability
retirement allowance: Eligibility; calculation of amount; beneficiaries;
effective date of termination or adjustment of allowance.
NRS 1A.490 Disability
retirement allowance: Applicability of certain provisions.
NRS 1A.500 Disability
retirement allowance: Cancellation.
NRS 1A.510 Disability
retirement allowance: Consequences of employment of recipient.
NRS 1A.520 Payment
of allowance or benefit to alternate payee pursuant to domestic relations
order.
Benefits for Survivors
NRS 1A.530 Definitions.
NRS 1A.540 “Child”
defined.
NRS 1A.550 “Dependent
parent” defined.
NRS 1A.560 “Spouse”
defined.
NRS 1A.570 Eligibility.
NRS 1A.580 Payments
to child of deceased member.
NRS 1A.590 Payments
to spouse of deceased member.
NRS 1A.600 Payments
to spouse of deceased member who had 10 or more years of creditable service.
NRS 1A.610 Payments
to spouse if deceased member was eligible to retire.
NRS 1A.620 Designation
of survivor beneficiary and additional payees by member.
NRS 1A.630 Payments
to survivor beneficiary of and to additional payees designated by deceased
member.
NRS 1A.640 Payments
to survivor beneficiary of and to additional payees designated by deceased
member who had 10 or more years of creditable service.
NRS 1A.650 Payments
to survivor beneficiary and to additional payees designated by deceased member
if deceased member was eligible to retire.
NRS 1A.660 Payments
to dependent parents; conditions.
NRS 1A.670 Limitation
on and reduction of amount of monthly allowance.
_________
_________
GENERAL PROVISIONS
NRS 1A.010 Definitions. 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)
NRS 1A.020 “Board” defined. “Board”
means the Public Employees’ Retirement Board.
(Added to NRS by 2001
Special Session, 68)
NRS 1A.030 “Compensation” defined.
1. “Compensation” means the salary paid to
a justice of the Supreme Court, a judge of the Court of Appeals or a 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; 2013, 1713)
NRS 1A.040 “Disability retirement allowance” defined. “Disability retirement allowance” means
monthly payments from the Judicial Retirement Fund paid to persons with
disabilities who are retired justices of the Supreme Court, judges of the Court
of Appeals, 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; 2013, 1714)
NRS 1A.050 “Judicial Retirement Plan” defined. “Judicial
Retirement Plan” means the retirement plan established pursuant to NRS 1A.300.
(Added to NRS by 2001
Special Session, 68)
NRS 1A.060 “Retired justice or judge” defined. “Retired
justice or judge” means a justice of the Supreme Court, judge of the Court of
Appeals, district judge, justice of the peace or municipal judge who was a
member of the Judicial Retirement Plan at the time he or she retired or a
justice of the Supreme Court, judge of the Court of Appeals 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; 2013, 1714)
NRS 1A.070 “Service” defined. “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, judges of the Court of Appeals,
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; 2013, 1714)
NRS 1A.080 “Service retirement allowance” defined. “Service
retirement allowance” means monthly payments from the Judicial Retirement Fund
paid to a retired justice of the Supreme Court, judge of the Court of Appeals,
district judge, justice of the peace or municipal judge pursuant to the
Judicial Retirement Plan for the remainder of his or her life.
(Added to NRS by 2001
Special Session, 69; A 2005, 991; 2013, 1714)
NRS 1A.090 “System” defined. “System”
means the Judicial Retirement System established pursuant to this chapter.
(Added to NRS by 2001
Special Session, 69)
NRS 1A.100 Judicial Retirement System: Establishment; public inspection of
records; administration by Public Employees’ Retirement Board; legislative
review.
1. A system of retirement providing
benefits for the retirement, disability or death of all justices of the Supreme
Court, judges of the Court of Appeals 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, 2A.100 to 2A.150, inclusive, and 3.090 to 3.099, inclusive, for providing benefits
to justices of the Supreme Court, judges of the Court of Appeals 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, judge of the Court
of Appeals 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. A copy of the minutes or audio recordings must
be made available to a member of the public upon request at no charge pursuant
to NRS 241.035.
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; 2013, 325, 1714)
NRS 1A.110 Limitations on review and copying of records; waiver. All records maintained for a member of the
System, retired justice or judge, justice of the Supreme Court, judge of the
Court of Appeals or district judge who retired pursuant to NRS 2.060 to 2.083, inclusive, 2A.100 to 2A.150, inclusive, or 3.090 to 3.099, inclusive, or the beneficiary of
any of them 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 or her 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, judge of the Court of Appeals or district judge
who retired pursuant to NRS 2.060 to 2.083, inclusive, 2A.100 to 2A.150, inclusive, or 3.090 to 3.099, inclusive, or beneficiary may
submit a written waiver to the System authorizing his or her representative to
review or copy all such records.
(Added to NRS by 2001
Special Session, 69; A 2005, 991; 2013, 1715)
NRS 1A.120 Right to benefits not subject to taxes, process, bankruptcy,
assignment or assessment for impairment or insolvency of insurance company;
exceptions.
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)
NRS 1A.130 Application for allowances for service retirement or disability
retirement; effective date of retirement; rights of present or former spouse;
System exempted from liability for false designation of marital status by
member or justice or judge who retires.
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,
judge of the Court of Appeals or district judge who retires pursuant to NRS 2.060 to 2.083, inclusive, 2A.100 to 2A.150, inclusive, or 3.090 to 3.099, inclusive.
(Added to NRS by 2001
Special Session, 77; A 2013, 1715)
NRS 1A.140 Person convicted of murder or voluntary manslaughter of member
of System ineligible to receive benefits. 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, 2A.100 to 2A.150, 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 2013, 1716)
NRS 1A.150 False statement or certification; withholding of information. 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 or she is not entitled is guilty of a gross
misdemeanor.
(Added to NRS by 2001
Special Session, 87)
ADMINISTRATION
NRS 1A.160 Judicial Retirement Fund: Establishment; policy; sources;
payments.
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, judges of the
Court of Appeals, 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, 2A.100 to 2A.150, 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, 2A.100 to 2A.150, 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; 2013, 1716)
NRS 1A.170 Administration and investment of Judicial Retirement Fund. 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)
NRS 1A.180 Contributions to Judicial Retirement Fund; adjustment of
contribution rate.
1. The Court Administrator shall submit to
the System for deposit in the Judicial Retirement Fund on behalf of each
justice of the Supreme Court, judge of the Court of Appeals 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. The State of Nevada shall make an
appropriation to the Court Administrator and the Court Administrator 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,
judges of the Court of Appeals 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, judges of the Court of Appeals 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; 2011, 1380;
2013, 1716)
NRS 1A.190 Transfer of unpaid check for benefits or refund to Judicial
Retirement Fund; claim for payment of money; period of limitation.
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 the 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, the Attorney General 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)
NRS 1A.200 Judicial Retirement Administrative Fund; administrative fees.
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)
NRS 1A.210 Fund to pay accrued benefits that are not payable because of
certain limitations; benefits paid from fund.
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)
NRS 1A.220 System managed by Public Employees’ Retirement Board; general
powers and duties of Board.
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, judge
of the Court of Appeals 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 or she is in fact receiving an
allowance or benefits, and withhold the allowance or benefits if he or she
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; 2013, 1717)
NRS 1A.230 Actuarial assumptions used in computing benefits: Availability;
changes prohibited.
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)
NRS 1A.240 Persons receiving benefits from System entitled to
cost-of-living increases. 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)
NRS 1A.250 Administration of accounts of members and recipients of
benefits. 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 judge of the Court of Appeals, 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; 2013, 1718)
MEMBERSHIP
NRS 1A.260 Conditions for membership in System.
1. No person may become a member of the
System unless the person is a justice of the Supreme Court, a judge of the
Court of Appeals 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 employed as a justice of the Supreme Court, judge of the
Court of Appeals, 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, are not eligible to become members of the System.
(Added to NRS by 2001
Special Session, 71; A 2005, 994, 2067; 2013, 1718)
NRS 1A.270 Membership of Supreme Court justices, judges of the Court of
Appeals and district judges who are elected, reelected or appointed on or after
November 5, 2002; membership of Supreme Court justices and district judges who
are serving on November 5, 2002; restriction on benefits.
1. Each justice of the Supreme Court,
judge of the Court of Appeals or district judge who is elected or appointed as
a justice of the Supreme Court, a judge of the Court of Appeals 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, a judge of the Court of Appeals 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 the justice or judge is a member of the Public
Employees’ Retirement System. If the justice or judge is a member of the Public
Employees’ Retirement System, he or she will remain a member unless he or she
withdraws from the Public Employees’ Retirement System pursuant to NRS 1A.280, if eligible to do so.
2. Each justice of the Supreme Court,
judge of the Court of Appeals or district judge who is elected or appointed as
a justice of the Supreme Court, judge of the Court of Appeals 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:
(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;
(b) NRS 2A.100
to 2A.150, inclusive, if eligible to
receive such benefits under such provisions; or
(c) 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 or her survivor, as determined
by the justice or judge at the time of retirement or the time at which the
justice or judge becomes disabled, or as determined by his or her survivor at the
time of his or her death, unless the justice or judge is a member of the Public
Employees’ Retirement System. If the justice or judge is a member of the Public
Employees’ Retirement System, the justice or judge will remain a member unless
the justice or judge 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 the survivor of the justice
or judge 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, 2A.100 to 2A.150, inclusive, or 3.090 to 3.099, inclusive; or
(b) To receive benefits pursuant to NRS 2.060 to 2.083, inclusive, 2A.100 to 2A.150, inclusive, or 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, judge
of the Court of Appeals or district judge or survivor of a justice of the
Supreme Court, judge of the Court of Appeals or district judge may receive
benefits under both this chapter and:
(a) NRS 2.060
to 2.083, inclusive;
(b) NRS
2A.100 to 2A.150, inclusive; or
(c) NRS 3.090
to 3.099, inclusive.
5. A justice of the Supreme Court, judge
of the Court of Appeals or district judge or a survivor of a justice of the
Supreme Court, judge of the Court of Appeals 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; 2013, 1718)
NRS 1A.280 Withdrawal from Public Employees’ Retirement System to become
member of Judicial Retirement Plan; transfer of liability and service;
re-establishment of service prohibited; restriction on benefits.
1. A person who is elected or appointed as
a justice of the Supreme Court, judge of the Court of Appeals 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 or
she is elected or appointed may withdraw from the Public Employees’ Retirement
System and become a member of the Judicial Retirement Plan if the justice or
judge gives written notice to the Board of his or her 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 or she 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 the justice
or judge has previously been elected or appointed on or after November 5, 2002,
and taken office on or after January 1, 2003, while the justice or judge was a
member of the Public Employees’ Retirement System and the justice or judge did
not give notice of his or her 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 or she was elected;
or
(b) If the justice or judge is appointed, within
90 days after his or her 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 re-establish the service for which the
liabilities were transferred.
7. No justice of the Supreme Court, judge
of the Court of Appeals or district judge or survivor of a justice of the
Supreme Court, judge of the Court of Appeals or district judge may receive
benefits under both this chapter and chapter 286
of NRS.
8. A justice of the Supreme Court, judge
of the Court of Appeals or district judge or survivor of a justice of the
Supreme Court, judge of the Court of Appeals 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; 2013, 1720)
NRS 1A.285 Membership of justices of the peace and municipal judges;
withdrawal from Public Employees’ Retirement System to become member of
Judicial Retirement Plan; transfer of liability and service; re-establishment
of service prohibited; restriction on benefits.
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 and submits written
notice to the Board of his or her intention to withdraw from the Public
Employees’ Retirement System and become a member of the Judicial Retirement
Plan. Such notice must be given to the Board within the time set forth in
subsection 2 and, except as otherwise provided in subsection 3, must be given
the first time that the justice of the peace or municipal judge is elected or
appointed while the justice of the peace or municipal judge is a member of the
Public Employees’ Retirement System.
2. Except as otherwise provided in
subsection 3, written notice given pursuant to paragraph (b) of subsection 1
must be received by the Board:
(a) If the justice of the peace or municipal
judge is elected, by March 31 of the year immediately following the year in
which he or she was elected; or
(b) If the justice of the peace or municipal
judge is appointed, within 90 days after his or her appointment.
3. A justice of the peace or municipal
judge who is a member of the Public Employees’ Retirement System on the date
that the board of county commissioners or city council elects to allow justices
of the peace or municipal judges to participate in the Judicial Retirement Plan
has 90 days following such date to submit written notice to the Board of his or
her intention to withdraw from the Public Employees’ Retirement System and
become a member of the Judicial Retirement Plan.
4. 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.
5. 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.
6. If the Board receives proper notice
pursuant to this section that a justice of the peace or municipal judge intends
to withdraw from the Public Employees’ Retirement System and become a member of
the Judicial Retirement Plan, 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 System.
The service so transferred must be accredited under the Judicial Retirement
Plan as if performed in the Public Employees’ Retirement System.
7. A justice of the peace or municipal
judge who exercises the option granted by this section may not re-establish the
service for which the liabilities were transferred.
8. 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.
9. 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; A 2009, 1577)
NRS 1A.290 Termination of membership; rights of justices or judges who have
retired.
1. Membership of a justice of the Supreme
Court, a judge of the Court of Appeals 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, 2A.100 to 2A.150, inclusive, or 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, 2A.100 to 2A.150, inclusive, or 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, a judge
of the Court of Appeals or a district judge who retired pursuant to NRS 2.060 to 2.083, inclusive, 2A.100 to 2A.150, inclusive, or 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, 2A.100 to 2A.150, inclusive, or 3.090 to 3.099, inclusive.
(Added to NRS by 2001
Special Session, 72; A 2005, 994; 2013, 1721)
JUDICIAL RETIREMENT PLAN
General Provisions
NRS 1A.300 Establishment; members; benefits.
1. A plan under which all justices of the
Supreme Court, judges of the Court of Appeals and district judges who are
elected or appointed for the first time as a justice of the Supreme Court,
judge of the Court of Appeals 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,
judge of the Court of Appeals or district judge elected or appointed for the
first time as a justice of the Supreme Court, judge of the Court of Appeals 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; 2013, 1721)
NRS 1A.310 Purchase of credit for service: Requirements; sources;
installments. 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, the justice or judge 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 the
member’s 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 the member agrees to pay for the purchase
of service credit in installments and the member 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
NRS 1A.320 Service credit: Commencement; termination. Service credit for a member of the Judicial
Retirement Plan begins on the day the member’s term of office begins and
terminates on the day the term of office expires, unless sooner terminated on
the day of the member’s death, resignation or removal from office.
(Added to NRS by 2001
Special Session, 75)
NRS 1A.330 Service credited in another system ineligible; exception. 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)
NRS 1A.340 Time of vesting; vesting of benefits upon termination of System.
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 the member’s 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
NRS 1A.350 Eligibility: Age and service; reduction of benefit for
retirement before required age.
1. A member of the Judicial Retirement
Plan is eligible to retire at the age of 65 years if the member has at least 5
years of service, at the age of 60 years if the member has at least 10 years of
service and at any age if the member 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)
NRS 1A.360 Employment of retired justice or judge: Consequences; payment of
contributions for justice or judge who does not enroll in Plan. [Effective
through June 30, 2015.]
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, judge of the
Court of Appeals, 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, the retired justice or judge is disqualified from
receiving any allowances under the Judicial Retirement Plan for the duration of
his or her 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, judge of the Court of
Appeals, 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, a judge of the Court of Appeals 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 provisions of subsection 1 do not
apply to a retired justice or judge who accepts employment as a senior justice,
senior judge, senior justice of the peace or senior municipal judge of the
Nevada Court System if the retired justice or judge is at least 60 years of age
at the time of reemployment and the retired justice or judge accepts the
employment at least 6 months after the effective date of his or her retirement
pursuant to subsection 2 of NRS 1A.130.
(Added to NRS by 2001
Special Session, 75; A 2001
Special Session, 98; 2005, 995, 2067; 2009, 2216;
2013, 1722)
NRS 1A.360 Employment of retired justice
or judge: Consequences; payment of contributions for justice or judge who does
not enroll in Plan. [Effective July 1, 2015.]
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, judge of the
Court of Appeals, 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, the retired justice or judge is disqualified from
receiving any allowances under the Judicial Retirement Plan for the duration of
his or her 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, judge of the Court of
Appeals, 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, a judge of the Court of Appeals 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, the disqualification of a retired justice of the Supreme
Court, judge of the Court of Appeals or district judge under this section if
the Chief Justice of the Supreme Court certifies in writing, in advance, that
the retired justice or 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; 2009, 2216,
2222; 2013, 1722,
effective July 1, 2015)
NRS 1A.370 Employment of retired justice or judge: Enrollment in Plan;
rights of membership; accrual of credit for service; benefits for survivor.
[Effective through June 30, 2015.]
1. A retired justice or judge who accepts
employment as a justice of the Supreme Court, judge of the Court of Appeals,
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 unless the retired justice or judge is reemployed
pursuant to subsection 4 of NRS 1A.360. As of the
date of enrollment:
(a) The retired justice or judge 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, the retired justice or
judge gains additional service credit for that employment and is entitled to
have a separate service retirement allowance calculated based on his or her
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 the retired justice’s or judge’s 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 the retired justice or judge
entitled to any of the rights of membership that were not in effect at the time
of his or her 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 or her additional credit for
service added to his or her 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; 2009, 2217;
2013, 1722)
NRS 1A.370 Employment of retired
justice or judge: Enrollment in Plan; rights of membership; accrual of credit
for service; benefits for survivor. [Effective July 1, 2015.]
1. A retired justice or judge who accepts
employment as a justice of the Supreme Court, judge of the Court of Appeals,
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) The retired justice or judge 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, the retired justice or
judge gains additional service credit for that employment and is entitled to
have a separate service retirement allowance calculated based on his or her
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 the retired justice’s or judge’s 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 the retired justice or judge
entitled to any of the rights of membership that were not in effect at the time
of his or her 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 or her additional credit for
service added to his or her 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; 2009, 2217,
2222; 2013, 1722,
effective July 1, 2015)
Benefits
NRS 1A.390 Limitation on distributions to members. 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)
NRS 1A.400 Limitation on compensation used to determine retirement benefit. 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)
NRS 1A.410 Limitations on benefits and contributions. 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)
NRS 1A.420 Prohibition against applying forfeitures to increase benefits. 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)
NRS 1A.430 Consent of spouse to retirement plan of member.
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 the spouse has 90 days
to consent or have the member change the 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)
NRS 1A.440 Determination of monthly allowance for service retirement. 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 the member’s 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, a judge of the
Court of Appeals 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; 2013, 1723)
NRS 1A.450 Optional plans: Alternatives to unmodified allowance for service
retirement.
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 the death of the justice or
judge for the life of the beneficiary whom the justice or judge nominates by
written designation acknowledged and filed with the Board at the time of
retirement should the beneficiary survive the justice or judge.
(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 the death of the justice or
judge at one-half the rate paid to the justice or judge and be paid for the
life of the beneficiary whom the justice or judge nominates by written
designation acknowledged and filed with the Board at the time of retirement
should the beneficiary survive the justice or judge.
(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 the death of the justice or judge for the
life of his or her beneficiary, whom the justice or judge nominates by written
designation acknowledged and filed with the Board at the time of the election,
should the beneficiary survive the justice or judge, 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 the death of the justice or
judge at one-half the rate paid to the justice or judge and be paid for the
life of the beneficiary whom the justice or judge nominates by written
designation acknowledged and filed with the Board at the time of the election,
should the beneficiary survive the justice or judge, 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 the death
of the justice or judge to the beneficiary for the life of the beneficiary whom
the justice or judge nominates by written designation acknowledged and filed
with the Board at the time of retirement, should the beneficiary survive the
justice or judge.
(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 the death
of the justice or judge to the beneficiary for the life of the beneficiary whom
the justice or judge nominates by written designation acknowledged and filed
with the Board at the time of election, should the beneficiary survive the justice
or judge, 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)
NRS 1A.460 Optional plans: Death of beneficiary; change of selection;
effective date of termination or adjustment of allowance.
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
the selected option and designation of beneficiary and revert to the unmodified
retirement allowance. The retired justice or judge 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)
NRS 1A.470 Optional deduction from benefits for payment of premium or
contribution for group insurance or other obligations; regulations; exemption
of Executive Officer, Board and System from liability for errors or omissions.
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, judge of the
Court of Appeals, 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 retirement, was covered or had his or her 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 or her
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 or her
monthly retirement allowance until:
(a) The justice or judge notifies the Executive
Officer of the Board to discontinue the deduction; or
(b) Any of the dependents of the justice or judge
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
the justice’s or judge’s 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; 2013, 1723)
NRS 1A.480 Disability retirement allowance: Eligibility; calculation of
amount; beneficiaries; effective date of termination or adjustment of allowance.
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 or her current job or any comparable job for which he or she is
qualified by 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,
the member’s employment as a justice of the Supreme Court, judge of the Court
of Appeals, district judge, justice of the peace or municipal judge will be
terminated because of the disability;
(b) The member is employed as a justice of the
Supreme Court, a judge of the Court of Appeals, a district judge, a justice of
the peace or a municipal judge at the time of application for disability
retirement;
(c) The member proves that the disability renders
the member unable to perform the duties of his or her present position and of
any other position the member has held within the past year;
(d) The member 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 the member can and
cannot perform, and any benefits the member 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, a judge of the Court of Appeals 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 the member’s
average compensation.
3. A member of the Judicial Retirement
Plan may apply for disability retirement even if the member 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 or her employment is
terminated, but within 60 days after the application was approved; or
(b) Mailed before his or her 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 the application and the
Board approves thereafter the application,
Ê the beneficiary
of the member 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; 2013, 1724)
NRS 1A.490 Disability retirement allowance: Applicability of certain
provisions. 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)
NRS 1A.500 Disability retirement allowance: Cancellation.
1. When the recipient of a disability
retirement allowance is determined by the Board to be no longer disabled, the
recipient’s allowance must be cancelled.
2. A retired justice or judge who retired
on account of disability whose benefit is cancelled may:
(a) Suspend his or her monthly benefit until
eligible for service retirement; or
(b) Elect a service retirement reduced for his or
her age if the justice or judge has the service credit necessary to retire.
(Added to NRS by 2001
Special Session, 81)
NRS 1A.510 Disability retirement allowance: Consequences of employment of
recipient.
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, judge of the Court of Appeals, district judge,
justice of the peace or municipal judge, the allowance must be discontinued and
the member’s 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 the member returns to
disability retirement or elects service retirement within 1 year after the
member’s return to employment.
2. A recipient of a disability retirement
allowance may be employed and continue to receive his or her allowance if the
member applies to the Board for approval of the employment before the member
begins to work and the Board approves the member’s 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 the member’s disability.
(Added to NRS by 2001
Special Session, 81; A 2005, 999; 2013, 1725)
NRS 1A.520 Payment of allowance or benefit to alternate payee pursuant to
domestic relations order.
1. A person may submit a judgment, decree
or order of a district court, the Court of Appeals 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 the Executive
Officer’s 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 the Executive Officer’s designee must
be signed by a district judge, the judges of the Court of Appeals or 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
the Executive Officer’s 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; 2013, 1725)
Benefits for Survivors
NRS 1A.530 Definitions. 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)
NRS 1A.540 “Child” defined. “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)
NRS 1A.550 “Dependent parent” defined. “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 or her support for at least 6 months immediately preceding the
death of the deceased member.
(Added to NRS by 2001
Special Session, 83)
NRS 1A.560 “Spouse” defined. “Spouse”
means the surviving husband or wife of a deceased member of the Judicial
Retirement Plan.
(Added to NRS by 2001
Special Session, 84)
NRS 1A.570 Eligibility.
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 the member’s
death, or if the employee had 10 or more years of creditable service, certain
of his or her 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 the member to leave his or her position as a justice
of the Supreme Court, judge of the Court of Appeals, 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 the member’s
termination or commencement of leave without pay.
2. If the death of a member of the
Judicial Retirement Plan occurs while the member is on leave of absence for
further training and if the member met the requirements of subsection 1 at the
time his or her leave began, certain of the member’s 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 the member’s employment, no prior
creditable service is required to make the member’s 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 the
member’s home and his or her 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; 2013, 1726)
NRS 1A.580 Payments to child of deceased member.
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 the child’s:
(a) Adoption;
(b) Death;
(c) Marriage; or
(d) Except as otherwise provided in subsection 3,
4 or 5, 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 the child’s
23rd birthday if, at the time that the child attains 18 years, the child 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 the
child 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)
NRS 1A.590 Payments to spouse of deceased member.
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)
NRS 1A.600 Payments to spouse of deceased member who had 10 or more years
of creditable service.
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 the death of the member; or
(b) Option 2 in NRS
1A.450, if the deceased member had 15 or more years of service on the date
of the death of the member.
Ê To apply the
provisions of Options 2 and 3, the deceased member shall be deemed to have
retired on the date of the death of the member 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)
NRS 1A.610 Payments to spouse if deceased member was eligible to retire. 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 the death of the member 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)
NRS 1A.620 Designation of survivor beneficiary and additional payees by
member.
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 the
death of the member.
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)
NRS 1A.630 Payments to survivor beneficiary of and to additional payees
designated by deceased member.
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)
NRS 1A.640 Payments to survivor beneficiary of and to additional payees
designated by deceased member who had 10 or more years of creditable service.
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 the death of the member; or
(b) Option 2 in NRS
1A.450, if the deceased member had 15 or more years of service on the date of
the death of the member.
Ê To apply the
provisions of Options 2 and 3, the deceased member shall be deemed to have
retired on the date of the death of the member 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)
NRS 1A.650 Payments to survivor beneficiary and to additional payees
designated by deceased member if deceased member was eligible to retire.
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 the death of the member 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)
NRS 1A.660 Payments to dependent parents; conditions. 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)
NRS 1A.670 Limitation on and reduction of amount of monthly allowance. 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, judge of the Court of Appeals 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; 2013, 1727)
