Neb. Rev. Stat. § 23-2309.01 — NE Code / Chapter 23 / Section 23-2309.01
View Statute 23-2309.01
Status: in_force

(1)(a) Each member employed and participating in the retirement system prior to January 1, 2003, who has elected not to participate in the cash balance benefit, shall be allowed to allocate all contributions to the member's employee account to various investment options. The investment options shall include, but not be limited to, the following:

(i) An investor select account which shall be invested under the direction of the state investment officer with an asset allocation and investment strategy substantially similar to the investment allocations made by the state investment officer for the defined benefit plans under the retirement systems described in subdivision (1)(a) of section 84-1503 . Investments shall most likely include domestic and international equities, fixed income investments, and real estate, as well as potentially additional asset classes;

(ii) A stable return account which shall be invested by or under the direction of the state investment officer in a stable value strategy that provides capital preservation and consistent, steady returns;

(iii) An equities account which shall be invested by or under the direction of the state investment officer in equities;

(iv) A fixed income account which shall be invested by or under the direction of the state investment officer in fixed income instruments; and

(v) A life-cycle fund which shall be invested under the direction of the state investment officer with an asset allocation and investment strategy that adjusts from a position of higher risk to one of lower risk as the member ages.

(b) If the member fails to select an option or combination of options pursuant to subdivision (a) of this subsection, all of the member's funds shall be placed in the option described in subdivision (a)(v) of this subsection. Each member shall be given a detailed current description of each investment option prior to making or revising the member's allocation.

(2) Members of the retirement system may allocate their contributions to the investment options in percentage increments as set by the board in any proportion, including full allocation to any one option. A member under subdivision (1)(a) of section 23-2321 or the member's beneficiary may transfer any portion of the member's funds among the options, except for restrictions on transfers to or from the stable return account pursuant to rule or regulation. The board may adopt and promulgate rules and regulations for changes of a member's allocation of contributions to the member's accounts after the member's most recent allocation and for transfers from one investment account to another.

(3) The board shall develop a schedule for the allocation of administrative costs of maintaining the various investment options and shall assess the costs so that each member pays a reasonable fee as determined by the board.

(4) In order to carry out this section, the board may enter into administrative services agreements for accounting or record-keeping services. No agreement shall be entered into unless the board determines that it will result in administrative economy and will be in the best interests of the county and its participating employees.

(5) The state, the board, the state investment officer, the members of the Nebraska Investment Council, or the county shall not be liable for any investment results resulting from the member's exercise of control over the assets in the employee account.

Laws 1985, LB 347, § 11;

Laws 1991, LB 549, § 7;

Laws 1994, LB 833, § 3;

Laws 1996, LB 847, § 4;

Laws 1999, LB 703, § 2;

Laws 2000, LB 1200, § 1;

Laws 2001, LB 408, § 2;

Laws 2002, LB 407, § 4;

Laws 2002, LB 687, § 8;

Laws 2005, LB 503, § 1;

Laws 2008, LB1147, § 2;

Laws 2010, LB950, § 3;

Laws 2012, LB916, § 7;

Laws 2014, LB759, § 16;

Laws 2018, LB1005, § 7;

Laws 2019, LB32, § 1;

Laws 2022, LB700, § 1.