reglab/housing_qa huggingface dataset:
NE Code § 13-1614 (2021)
2021 Nebraska Revised Statutes|Chapter 13 - Cities, Counties, and Other Political Subdivisions|13-1614 - Political subdivision; employee benefit plans; requirements.

13-1614.  Political subdivision; employee benefit plans; requirements.Any political subdivision may establish, participate in, and administer employee benefit plans for its employees or its employees and their dependents which will provide hospitalization, medical, surgical, dental, disability, and sickness and accident coverage or any one or more of such coverages. Such coverages shall be provided through self-funding in combination with excess insurance or through self-funding without excess insurance pursuant to subsection (4) of section 13-1622. Such coverages may include employee and dependent deductibles and copayments.Source   Laws 1991, LB 167, § 14;  Laws 1999, LB 506, § 1. Annotations A county is not required to establish benefit plans for its employees which will provide medical coverage. Christiansen v. County of Douglas, 288 Neb. 564, 849 N.W.2d 493 (2014).
NE Code § 13-1615 (2021)
2021 Nebraska Revised Statutes|Chapter 13 - Cities, Counties, and Other Political Subdivisions|13-1615 - Plan sponsor; use of self-funding; exemption from other laws.

13-1615.  Plan sponsor; use of self-funding; exemption from other laws.(1) A plan sponsor shall not be considered an insurer under the laws of this state. The use of any self-funding by a plan sponsor shall not constitute transacting the business of insurance and shall not be subject to regulation by the Department of Insurance.(2) A plan sponsor shall not be a member of the Nebraska Property and Liability Insurance Guaranty Association or the Nebraska Life and Health Insurance Guaranty Association. The Nebraska Property and Liability Insurance Guaranty Association Act and the Nebraska Life and Health Insurance Guaranty Association Act shall not be applicable to the self-funded portion of an employee benefit plan.Source  Laws 1991, LB 167, § 15.Cross References   Nebraska Life and Health Insurance Guaranty Association Act, see section 44-2720.  Nebraska Property and Liability Insurance Guaranty Association Act, see section 44-2418.
NE Code § 13-1616 (2021)
2021 Nebraska Revised Statutes|Chapter 13 - Cities, Counties, and Other Political Subdivisions|13-1616 - Act; applicability.

13-1616.  Act; applicability.The Political Subdivisions Self-Funding Benefits Act shall not apply to coverage for workers' compensation.Source  Laws 1991, LB 167, § 16.Cross References  Nebraska Workers' Compensation Act, see section 48-1,110.
NE Code § 13-1617 (2021)
2021 Nebraska Revised Statutes|Chapter 13 - Cities, Counties, and Other Political Subdivisions|13-1617 - Governing body; self-funded portion of employee benefit plan; requirements; confidentiality; violations; penalty.

13-1617.  Governing body; self-funded portion of employee benefit plan; requirements; confidentiality; violations; penalty.(1) The governing body of the plan sponsor shall approve the use of any self-funding for its employee benefit plan.(2) The self-funded portion of an employee benefit plan shall comply with the Political Subdivisions Self-Funding Benefits Act. The self-funded portion of the employee benefit plan shall be solely for the benefit of the employees and dependents of the plan sponsor and shall not be pooled with the self-funded portion of an employee benefit plan of another plan sponsor.(3) Each plan sponsor shall be liable for payment of valid claims under its employee benefit plan.(4) The governing body of the plan sponsor shall annually review the self-funded portion of the employee benefit plan for compliance with section 13-1619.(5) The plan sponsor shall keep confidential employee benefit plan information held by it which personally identifies employees and their dependents and the nature of any claims submitted by employees and their dependents. Any agent of the plan sponsor shall not use or disclose any such information to any person except to the extent necessary to administer claims or as otherwise authorized by law. No information regarding claims submitted by employees and their dependents and held by the plan sponsor shall be used directly or indirectly to alter the terms and conditions of employment of the employees. Any plan sponsor, member of its governing body, officer, employee, or agent who knowingly or willfully violates this subsection shall be guilty of a Class III misdemeanor.Source  Laws 1991, LB 167, § 17.
NE Code § 13-1618 (2021)
2021 Nebraska Revised Statutes|Chapter 13 - Cities, Counties, and Other Political Subdivisions|13-1618 - Plan sponsor; summary; contents.

13-1618.  Plan sponsor; summary; contents.A plan sponsor shall provide each covered employee with a copy of a summary of the self-funded portion of the employee benefit plan. The summary shall contain a written description of the major provisions of the self-funded portion of the plan, including (1) a table of contents, (2) a description of benefits, (3) the funding arrangement, and (4) the claims and appeals procedures required by section 13-1623.Source  Laws 1991, LB 167, § 18.
NE Code § 13-1619 (2021)
2021 Nebraska Revised Statutes|Chapter 13 - Cities, Counties, and Other Political Subdivisions|13-1619 - Plan sponsor; accruals, reserves, and disbursements; requirements.

13-1619.  Plan sponsor; accruals, reserves, and disbursements; requirements.(1) A plan sponsor shall establish accruals at a satisfactory level to provide funds to cover one hundred percent of expected claims, reserves as required in subsection (2) of this section, and expenses to operate the self-funded portion of the employee benefit plan. Accruals shall be reevaluated for adequacy at least annually. Accruals shall be funded through contributions by the plan sponsor or through a combination of contributions by the plan sponsor and employee. Accruals which become available during a month when claims are less than projected for that month shall be maintained and available for a month when claims exceed those projected for that month.(2) A plan sponsor shall establish reserves for claims which have been incurred by covered employees and covered dependents under the self-funded portion of the employee benefit plan but which have not yet been presented for payment. The appropriate amount of the reserves shall be on an actuarially sound basis as determined by (a) an independent actuary or (b) an insurer.(3) A plan sponsor shall establish a restricted and segregated fund exclusively for the deposit of monthly accruals and other assets pertaining to the self-funded portion of the employee benefit plan. As long as the self-funded portion of an employee benefit plan is in effect, all contributions shall be deposited as collected in the restricted and segregated fund.(4) Disbursements from the restricted and segregated fund established pursuant to subsection (3) of this section may be made only for the following specified employee benefit plan expenses: (a) Payment of claims; (b) cost of insurance coverage; (c) payment of service fees applicable to employee benefit plan design, payment of claims, materials explaining benefits, actuarial assistance, legal assistance, and accounting assistance; (d) costs of employee wellness programs; and (e) other expenses directly related to the operation of the employee benefit plan. If the plan sponsor is a city of the metropolitan class and if such plan sponsor has a surplus in its restricted and segregated fund at the end of any fiscal year, such surplus may be treated and used as surplus funds in accordance with and pursuant to the city's home rule charter.(5) If an employee benefit plan is discontinued, the plan sponsor shall maintain the restricted and segregated fund established pursuant to subsection (3) of this section for a period of one year from the date of discontinuation for payment of any claims which have not been filed. At the end of the one-year period, the funds shall no longer be restricted and segregated and may be returned to operational funds of the plan sponsor.Source   Laws 1991, LB 167, § 19;   Laws 1995, LB 86, § 1.
NE Code § 13-1620 (2021)
2021 Nebraska Revised Statutes|Chapter 13 - Cities, Counties, and Other Political Subdivisions|13-1620 - Governing body; annual report.

13-1620.  Governing body; annual report.The governing body of a plan sponsor shall approve an annual report showing the beginning and ending balance of the fund established pursuant to section 13-1619, deposits of monthly accruals and other assets of the fund, and a separate accounting to reflect required reserves.Source  Laws 1991, LB 167, § 20.
NE Code § 13-1621 (2021)
2021 Nebraska Revised Statutes|Chapter 13 - Cities, Counties, and Other Political Subdivisions|13-1621 - Plan sponsor; contributions; when.

13-1621.  Plan sponsor; contributions; when.If the fund established pursuant to section 13-1619 is not adequate to fully cover all disbursements under the self-funded portion of the employee benefit plan, the plan sponsor shall contribute funds from other sources so that the employee benefit plan continues to comply with the Political Subdivisions Self-Funding Benefits Act.Source  Laws 1991, LB 167, § 21.
NE Code § 13-1622 (2021)
2021 Nebraska Revised Statutes|Chapter 13 - Cities, Counties, and Other Political Subdivisions|13-1622 - Plan sponsor; obtain excess insurance; when.

13-1622.  Plan sponsor; obtain excess insurance; when.(1) Except as provided in subsection (4) of this section, the plan sponsor shall obtain excess insurance which will limit the plan sponsor's total claims liability for each plan year to not more than one hundred twenty-five percent of the expected claims liability as projected by an independent actuary or insurer.(2) If the expected claims liability of the self-funded portion of the employee benefit plan is exceeded, the plan sponsor shall fund such additional liability by (a) allocating necessary funds from the operating fund of the general fund, (b) setting up an additional reserve in the operating fund of the general fund, or (c) setting up the monthly accruals at a level to fund claims in excess of the expected claims liability.(3) An insurer shall pay claims for which it is obligated under excess insurance within three months of the time the claims are paid by the plan sponsor.(4) A city of the metropolitan or primary class or a county with a population of more than two hundred thousand may provide an employee benefit plan without excess insurance if the city or county obtains a determination from an independent actuary or insurer that excess insurance is not necessary to preserve the safety and soundness of the employee benefit plan.Source   Laws 1991, LB 167, § 22;  Laws 2008, LB734, § 1.
NE Code § 13-1623 (2021)
2021 Nebraska Revised Statutes|Chapter 13 - Cities, Counties, and Other Political Subdivisions|13-1623 - Self-funded portion of employee benefit plan; claim procedure; requirements.

13-1623.  Self-funded portion of employee benefit plan; claim procedure; requirements.The self-funded portion of an employee benefit plan shall provide for the following:(1) A written claim for benefits shall be furnished to the plan sponsor (a) in case of a claim for benefits which provide any periodic payment contingent upon continuing loss, within ninety days after the termination of the period for which the plan sponsor is liable and (b) in case of a claim for any other loss, within ninety days after the date of such loss. Failure to furnish such written claim within the time required shall not invalidate or reduce any claim if it was not reasonably possible to give proof within such time and if proof is furnished as soon as reasonably possible and in no event later than one year from the time proof is otherwise required except in the absence of legal capacity;(2) Indemnities payable for any loss, other than loss for which periodic payment is provided, shall be paid immediately upon receipt of a written claim for benefits. All accrued indemnities for loss which provide periodic payment shall be paid at least monthly, and any balance remaining unpaid upon the termination of liability shall be paid immediately upon receipt of a written claim for benefits;(3) If a claim remains unsettled, the plan sponsor shall send to the covered employee, covered dependent, or authorized representative a letter every ninety days. The letter shall set forth specific reasons additional time is needed for investigation; and(4) If a claim is denied or partly denied, a written notice of the denial from the plan sponsor, together with specific reason for the denial, shall be sent to the covered employee, covered dependent, or authorized representative. A denial may be appealed directly to the plan sponsor within sixty days after receiving the notice. The plan sponsor shall inform a covered employee, covered dependent, or authorized representative of its decision within sixty days after receipt of written appeal unless an unusual circumstance requires an extension of time to investigate or consider the appeal. If an extension is needed, the plan sponsor shall inform the covered employee, covered dependent, or authorized representative of the reason and the additional time needed which shall not exceed an additional sixty days. If the claim is denied or partly denied by the plan sponsor, a claim denial may be further appealed pursuant to section 13-1625.Source  Laws 1991, LB 167, § 23.
NE Code § 13-1624 (2021)
2021 Nebraska Revised Statutes|Chapter 13 - Cities, Counties, and Other Political Subdivisions|13-1624 - Employee benefit plans; continuation of coverage; compliance with other laws; school district covered employees; rights.

13-1624.  Employee benefit plans; continuation of coverage; compliance with other laws; school district covered employees; rights.(1) Employee benefit plans established pursuant to the Political Subdivisions Self-Funding Benefits Act shall comply with sections 44-1640 to 44-1645 relating to continuation of coverage if subject to such sections.(2) If any covered employee of a plan sponsor which is a school district terminates employment with such plan sponsor and obtains employment with another plan sponsor which is a school district prior to October 1, 1994, such employee or such employee and any dependents shall not be subject to any preexisting condition period or other waiting period of the employee benefit plan of the plan sponsor with which such employment is obtained if both such plan sponsors have obtained excess insurance from the same insurer.Source  Laws 1991, LB 167, § 24.
NE Code § 13-1625 (2021)
2021 Nebraska Revised Statutes|Chapter 13 - Cities, Counties, and Other Political Subdivisions|13-1625 - Civil action to require compliance; attorney's fees; when.

13-1625.  Civil action to require compliance; attorney's fees; when.(1) A covered employee or covered dependent may bring a civil action against a plan sponsor to require compliance with the Political Subdivisions Self-Funding Benefits Act and the self-funded portion of an employee benefit plan. When the covered employee or covered dependent brings an action against a plan sponsor, the court, upon rendering judgment against the plan sponsor, shall allow the plaintiff a reasonable sum as an attorney's fee in addition to the amount of his or her recovery, to be taxed as part of the costs. If such action is appealed, the appellate court shall allow a reasonable sum as an attorney's fee for the appeal if the plaintiff is successful.(2) If the plaintiff fails to obtain judgment for more than may have been offered by such plan sponsor in accordance with section 25-901, the plaintiff shall not recover the attorney's fees provided in this section.Source  Laws 1991, LB 167, § 25.
NE Code § 13-1626 (2021)
2021 Nebraska Revised Statutes|Chapter 13 - Cities, Counties, and Other Political Subdivisions|13-1626 - Compliance with act; when required.

13-1626.  Compliance with act; when required.Any political subdivision using self-funding to provide hospitalization, medical, surgical, and sickness and accident coverage or any one or more of such coverages for its employees or its employees and their dependents immediately prior to June 8, 1991, shall comply with the Political Subdivisions Self-Funding Benefits Act no later than December 31, 1991.Source  Laws 1991, LB 167, § 26.
NE Code § 13-1701 (2021)
2021 Nebraska Revised Statutes|Chapter 13 - Cities, Counties, and Other Political Subdivisions|13-1701 - Terms, defined.

13-1701.  Terms, defined.For purposes of sections 13-1701 to 13-1714 and 76-2,119:(1) Applicant shall mean any person as defined in section 81-1502 who is required to obtain a permit from the department for a solid waste disposal area or a solid waste processing facility but shall not include any person applying for renewal of such a permit or any person as defined in such section who proposes to dispose of waste which he or she generates on property which he or she owns as of January 1, 1991;(2) Department shall mean the Department of Environment and Energy;(3) Solid waste disposal area shall mean an area used for the disposal of solid waste from more than one residential premises or from one or more recreational, commercial, industrial, manufacturing, or governmental operations; and(4) Solid waste processing facility shall mean an incinerator or a compost plant receiving material, other than yard waste, in quantities greater than one thousand cubic yards annually.Source   Laws 1991, LB 813, § 1;   Laws 1992, LB 1257, § 59;  Laws 2019, LB302, § 15.
NE Code § 13-1702 (2021)
2021 Nebraska Revised Statutes|Chapter 13 - Cities, Counties, and Other Political Subdivisions|13-1702 - Request for siting approval.

13-1702.  Request for siting approval.Prior to submitting an application to the department for a solid waste disposal area or solid waste processing facility, the applicant shall submit a request for siting approval to the city council, village board of trustees, or county board of commissioners or supervisors which governs the city, village, or county in which the proposed site is to be located. The city council, village board, or county board shall approve or disapprove the site for each solid waste disposal area or solid waste processing facility.Source  Laws 1991, LB 813, § 2.
NE Code § 13-1703 (2021)
2021 Nebraska Revised Statutes|Chapter 13 - Cities, Counties, and Other Political Subdivisions|13-1703 - Criteria.

13-1703.  Criteria.An applicant for siting approval shall submit information to the city council, village board of trustees, or county board of commissioners or supervisors to demonstrate compliance with the requirements of this section regarding a solid waste disposal area or solid waste processing facility. Siting approval shall be granted only if the proposed area or facility meets all of the following criteria:(1) The solid waste disposal area or solid waste processing facility is necessary to accommodate the solid waste management needs of the area which the solid waste disposal area or solid waste processing facility is intended to serve;(2) The solid waste disposal area or solid waste processing facility is designed, located, and proposed to be operated so that the public health, safety, and welfare will be protected. The applicant shall provide an evaluation of the potential for adverse health effects that could result from exposure to pollution, in any form, due to the proper or improper construction, operation, or closure of the proposed solid waste disposal area or solid waste processing facility;(3) The solid waste disposal area or solid waste processing facility is located so as to minimize incompatibility with the character of the surrounding area and to minimize the effect on the value of the surrounding property. The city council, village board, or county board shall consider the advice of the appropriate planning commission regarding the application;(4) The plan of operations for the solid waste disposal area or solid waste processing facility is designed to minimize the danger to the surrounding area from fire, spills, or other operational accidents;(5) The traffic patterns to or from the solid waste disposal area or solid waste processing facility are designed to minimize the impact on existing traffic flows; and(6) Information regarding the previous operating experience of a private agency applicant and its subsidiaries or parent corporation in the area of solid waste management or related activities are made available to the city council, village board, or county board. If a corporation, a parent company or subsidiary thereof, or any officer or board member of the corporation or the parent company or subsidiary applying for approval has been convicted of a felony within ten years of the date the application is filed, site approval shall not be granted.Source   Laws 1991, LB 813, § 3;   Laws 1992, LB 1257, § 60.
NE Code § 13-1704 (2021)
2021 Nebraska Revised Statutes|Chapter 13 - Cities, Counties, and Other Political Subdivisions|13-1704 - Notice to property owners; publication; failure to notify; effect.

13-1704.  Notice to property owners; publication; failure to notify; effect.No later than fourteen days prior to a request for siting approval, the applicant shall cause written notice of the request for siting approval to be served either in person or by registered or certified mail on the owners of all property within the proposed site area not solely owned by the applicant and on the owners of all property within one thousand feet in each direction of the lot line of the proposed site if the proposed site is inside or within three miles of the corporate limits of a city or village or on the owners of all property within two miles in each direction of the lot line of the proposed site for all other proposed sites. The owners shall be identified based upon the tax records of the county in which the proposed site is located.Written notice shall be published in a newspaper of general circulation in the county in which the proposed site is located. The notice shall state the name and address of the applicant, the location of the proposed site, the nature and size of the solid waste disposal area or solid waste processing facility, the probable life of the proposed solid waste disposal area or solid waste processing facility, the date when the request for siting approval will be submitted, and a description of the right of persons to comment on the request.Failure to notify all landowners and failure to include all information in the publicized notice as required by this section shall not be considered noncompliance if a good faith effort at notice was made by the applicant which results in actual notice to substantially all parties required to be notified.Source   Laws 1991, LB 813, § 4;   Laws 1992, LB 1257, § 61.
NE Code § 13-1705 (2021)
2021 Nebraska Revised Statutes|Chapter 13 - Cities, Counties, and Other Political Subdivisions|13-1705 - Request for siting approval; filing requirements; comments.

13-1705.  Request for siting approval; filing requirements; comments.An applicant shall file a copy of its request for siting approval with the city council, village board of trustees, or county board of commissioners or supervisors of the city, village, or county in which the proposed site is located. The request shall include the substance of the applicant's proposal and all documents, if any, submitted as of that date to the department pertaining to the proposed solid waste disposal area or solid waste processing facility. All documents or other materials pertaining to the proposed area or facility on file with the city council, village board, or county board shall be made available for public inspection at the office of the city council, village board, or county board and may be copied upon payment of a fee in an amount equal to the actual cost of reproduction.Any person may file written comment with the city council, village board, or county board concerning the appropriateness of the proposed site for its intended purpose. Such comment shall be postmarked not later than thirty days after the date of the last public hearing held pursuant to section 13-1706 and shall be included in the record of the public hearing.Source  Laws 1991, LB 813, § 5.