reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-919 - Retirement system; membership; employees of postsecondary schools excluded.

79-919.
Retirement system; membership; employees of postsecondary schools excluded.
Any person who is employed by the Board of Trustees of the Nebraska State Colleges, the Board of Regents of the University of Nebraska, or a community college board of governors shall not come under the provisions of the School Employees Retirement Act.
Source
Laws 1945, c. 219, § 13, p. 643;
R.S.Supp.,1947, § 79-2913;
Laws 1949, c. 256, § 447, p. 845;
Laws 1971, LB 987, § 22;
Laws 1991, LB 549, § 31;
R.S.1943, (1994), § 79-1513;
Laws 1996, LB 900, § 554;
Laws 1996, LB 1076, § 15.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-922 - Retiree; return to employment; effect; waiver of payments.

79-922.
Retiree; return to employment; effect; waiver of payments.
(1) Commencing on September 13, 1997, a beneficiary retired under the School Employees Retirement Act who returns to employment as a school employee, except for members retired under sections 79-951 to 79-954, shall continue receiving retirement benefits and shall be treated for all purposes of the act as a new school employee. A new member account shall be created for such school employee, and the member shall make contributions to such new account and shall receive service credit only for future service commencing from the date of reemployment.
(2) A person receiving a retirement benefit may accept employment in a postsecondary school under the control and management of the Board of Trustees of the Nebraska State Colleges, the Board of Regents of the University of Nebraska, a community college board of governors for any community college area established by section 85-1504, or any other state agency without having to waive retirement payments, without having to notify the retirement board, and without being subject to any withholding of future retirement payments relating to any retirement system which is provided for a public school.
Source
Laws 1985, LB 350, § 3;
Laws 1991, LB 549, § 32;
R.S.1943, (1994), § 79-1514.01;
Laws 1996, LB 900, § 557;
Laws 1996, LB 1076, § 17;
Laws 1997, LB 624, § 19;
Laws 1998, LB 1191, § 49.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-924 - Repurchase relinquished creditable service; credit for prior years of service; payment; rules and regulations; election; provisions applicable.

79-924.
Repurchase relinquished creditable service; credit for prior years of service; payment; rules and regulations; election; provisions applicable.
The retirement board may adopt and promulgate rules and regulations to allow for lump-sum or installment payments for school employees who elect to repurchase relinquished creditable service under section 79-921 or buy credit for prior years of service under sections 79-933.03 to 79-933.06 and 79-933.08. Any person who elects to repurchase relinquished creditable service or buy credit for prior years of service on an installment basis may be charged reasonable service costs, shall be credited with those prior years of service only as the money is actually received by the retirement system, and shall have paid to the retirement system all installments prior to the commencement of a retirement annuity.
Source
Laws 1986, LB 325, § 6;
Laws 1990, LB 819, § 1;
R.S.1943, (1994), § 79-1514.05;
Laws 1996, LB 900, § 559;
Laws 1996, LB 1076, § 18;
Laws 1997, LB 724, § 4;
Laws 2014, LB1042, § 3;
Laws 2018, LB1005, § 24.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-925 - Retirement system; prior member; repayment authorized; limitation.

79-925.
Retirement system; prior member; repayment authorized; limitation.
Any person who is now a school employee or becomes a school employee and who had elected out of the retirement system between July 1, 1945, and October 1, 1945, and subsequently elected into the retirement system may elect to repay the retirement system for any number of years of service for which he or she would have contributed had he or she not elected out of the retirement system. The amount to be repaid shall not exceed the amount of the contributions which would have been paid into the retirement system based on the compensation and years of service as a school employee as verified by school officials plus the interest which would have accrued on the amount under the retirement system. This section shall not apply to school employees who retire prior to January 1, 1987.
Source
Laws 1987, LB 549, § 4;
Laws 1991, LB 549, § 33;
R.S.1943, (1994), § 79-1514.06;
Laws 1996, LB 900, § 560.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-927 - Service credit; computation.

79-927.
Service credit; computation.
(1) The board shall grant service credit pursuant to this section on an annual basis to members who participate during each fiscal year.
(2) Service credit shall be calculated as follows:
(a) For each year during which a member provides compensated service to one or more school districts for one thousand or more hours, the member shall be credited one year of service credit; and
(b) For each year during which a member provides less than one thousand hours of compensated service to one or more school districts, the member shall be credited one one-thousandth of a year's service credit for each hour worked.
(3) The board may adopt and promulgate rules and regulations for the granting of service credit in accordance with this section, but in no case shall more than one year of service be granted for all service in one plan year.
Source
Laws 1945, c. 219, § 16, p. 644;
R.S.Supp.,1947, § 79-2916;
Laws 1949, c. 256, § 450, p. 846;
Laws 1971, LB 987, § 23;
Laws 1986, LB 546, § 1;
Laws 1991, LB 549, § 34;
R.S.1943, (1994), § 79-1516;
Laws 1996, LB 900, § 562;
Laws 2002, LB 407, § 27;
Laws 2019, LB34, § 13.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-928 - Board; verify service record.

79-928.
Board; verify service record.
Subject to the restrictions in the School Employees Retirement Act and to such rules and regulations as the retirement board may adopt, the retirement board shall verify, as soon as practicable after the filing of statements of service, the service claimed in the statements.
Source
Laws 1945, c. 219, § 17, p. 644;
R.S.Supp.,1947, § 79-2917;
Laws 1949, c. 256, § 451, p. 846;
R.S.1943, (1994), § 79-1517;
Laws 1996, LB 900, § 563.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-929 - Board; issue prior service certificate; modification.

79-929.
Board; issue prior service certificate; modification.
Upon verification of the statements of service, the retirement board shall issue prior service certificates stating, for each member with a valid claim, the length of service in this state, rendered prior to the day of the establishment of the retirement system, with which the member is credited on the basis of his or her proof of service. Any member may, within one year from the date of issuance or modification of such certificate, request the retirement board to modify or correct his or her prior service certificate.
Source
Laws 1945, c. 219, § 18, p. 644;
R.S.Supp.,1947, § 79-2918;
Laws 1949, c. 256, § 452, p. 847;
Laws 1951, c. 293, § 1, p. 972;
R.S.1943, (1994), § 79-1518;
Laws 1996, LB 900, § 564.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-931 - Retirement; when; application.

79-931.
Retirement; when; application.
(1) A member hired prior to July 1, 2016, upon filing a retirement application with the retirement system, may retire (a) at any age if the member has completed thirty-five years of creditable service, (b) if the member has completed at least five years of creditable service plus eligibility and vesting credit and is at least sixty years of age, (c) if the member is at least sixty-five years of age upon termination, or (d) if the member is at least fifty-five years of age, has acquired the equivalent of one-half year of service as a public school employee under the retirement system following July 1, 1997, was a school employee on or after March 4, 1998, and the sum of the member's attained age and creditable service totals eighty-five.
(2) A member hired on or after July 1, 2016, and prior to July 1, 2018, or a member who has taken a retirement or refund that relinquished all prior service credit and who has not repaid the full amount of the refund pursuant to section 79-921 and is rehired or hired by any employer covered by the retirement system on or after July 1, 2016, and prior to July 1, 2018, upon filing a retirement application with the retirement system, may retire (a) at any age if the member has completed thirty-five years of creditable service, (b) if the member is at least fifty-five years of age and the sum of the member's attained age and creditable service totals eighty-five, or (c) if the member is at least sixty years of age and has completed at least five years of creditable service including eligibility and vesting credit.
(3) A member hired on or after July 1, 2018, or a member or former member who has taken a retirement or refund that relinquished all prior service credit and who has not repaid the full amount of the refund pursuant to section 79-921 and is rehired or hired by any employer covered by the retirement system on or after July 1, 2018, upon filing a retirement application with the retirement system, may retire (a) if the member is at least sixty years of age and the sum of the member's attained age and creditable service totals eighty-five or (b) if the member is at least sixty years of age and has completed at least five years of creditable service including eligibility and vesting credit.
Source
Laws 1945, c. 219, § 21, p. 645;
R.S.Supp.,1947, § 79-2921;
Laws 1949, c. 256, § 454, p. 847;
Laws 1987, LB 549, § 5;
Laws 1989, LB 506, § 10;
R.S.1943, (1994), § 79-1520;
Laws 1996, LB 900, § 566;
Laws 1996, LB 1076, § 19;
Laws 1998, LB 822, § 1;
Laws 2016, LB447, § 9;
Laws 2017, LB415, § 28.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-932 - Retirement; deferment of payment; board; duties.

79-932.
Retirement; deferment of payment; board; duties.
(1) Payment of any benefit provided under the retirement system shall not be deferred later than the required beginning date.
(2) The board shall make reasonable efforts to locate the member or the member's beneficiary and distribute benefits by the required beginning date. If the board is unable to make such a distribution, the benefit shall be distributed pursuant to the Uniform Disposition of Unclaimed Property Act and no amounts may be applied to increase the benefits any member would otherwise receive under the School Employees Retirement Act.
Source
Laws 1945, c. 219, § 22, p. 645;
R.S.Supp.,1947, § 79-2922;
Laws 1949, c. 256, § 455, p. 847;
Laws 1951, c. 291, § 3, p. 966;
Laws 1969, c. 735, § 5, p. 2779;
Laws 1975, LB 44, § 1;
Laws 1979, LB 391, § 6;
Laws 1981, LB 463, § 1;
Laws 1982, LB 287, § 4;
Laws 1986, LB 311, § 17;
Laws 1987, LB 296, § 3;
Laws 1987, LB 549, § 6;
R.S.1943, (1994), § 79-1521;
Laws 1996, LB 900, § 567;
Laws 2003, LB 451, § 19;
Laws 2020, LB1054, § 8.
Cross References
Uniform Disposition of Unclaimed Property Act, see section 69-1329.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-933 - Retirement; member; amount of allowance.

79-933.
Retirement; member; amount of allowance.
(1) Upon retirement under section 79-931, a member or emeritus member shall receive a school retirement allowance which shall consist of the sum of: (a) A savings annuity which shall be the actuarial equivalent, as determined by the retirement board, of the member's accumulated contributions at the time of his or her retirement or, in the case of an emeritus member, the savings annuity fixed by the retirement board at the time of his or her original retirement; and (b) a service annuity to be paid by the State of Nebraska.
(2) The amount of any individual service annuity for (a) a full-time school employee hired on or before April 1, 1988, who retires with thirty-five or more years of service or who retires under the provisions of disability retirement, (b) a full-time school employee who provided compensated service after April 1, 1988, but prior to July 19, 1996, if the service annuity commences on or after the member's sixty-fifth birthday, who retires with thirty-five or more years of service or who retires under the provisions of disability retirement, or (c) an emeritus member shall be three dollars and fifty cents per month for each year of creditable service commencing with his or her retirement on or after May 19, 1981. For employees not enumerated in subdivision (a) or (b) of this subsection or for employees hired on or after July 19, 1996, if the service annuity commences prior to the member's sixty-fifth birthday, it shall be on an actuarially reduced basis. Each school employee or emeritus member who retired before July 1, 1973, and who is receiving a service annuity as of that date shall have such service annuity adjusted by the increase in the cost of living as determined by the difference between the Consumer Price Index for Urban Wage Earners and Clerical Workers from the date the service annuity commenced and July 1, 1973, except that such annuity shall not exceed three dollars and fifty cents monthly per year of service based on the same number of years of service that is currently being used to determine his or her service annuity. Such increased service annuity shall commence on July 1, 1973.
Source
Laws 1945, c. 219, § 23, p. 645;
R.S.Supp.,1947, § 79-2923;
Laws 1949, c. 256, § 456, p. 847;
Laws 1951, c. 291, § 4, p. 966;
Laws 1953, c. 315, § 4, p. 1046;
Laws 1959, c. 382, § 6, p. 1326;
Laws 1959, c. 414, § 1, p. 1387;
Laws 1963, c. 495, § 2, p. 1383;
Laws 1965, c. 531, § 2, p. 1674;
Laws 1967, c. 546, § 6, p. 1803;
Laws 1969, c. 735, § 6, p. 2779;
Laws 1973, LB 445, § 1;
Laws 1981, LB 248, § 1;
Laws 1981, LB 369, § 2;
Laws 1986, LB 325, § 5;
Laws 1986, LB 311, § 18;
Laws 1987, LB 549, § 7;
Laws 1991, LB 549, § 35;
R.S.1943, (1994), § 79-1522;
Laws 1996, LB 900, § 568;
Laws 1996, LB 1076, § 20;
Laws 2008, LB1147, § 8.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-933.02 - Retirement system; accept payments and rollovers; limitations; board; powers.

79-933.02.
Retirement system; accept payments and rollovers; limitations; board; powers.
(1) The retirement system may accept cash rollover contributions from a member who is making payment pursuant to sections 79-921, 79-933.03 to 79-933.06, and 79-933.08 if the contributions do not exceed the amount of payment required for the relinquished creditable service repurchased or service credits purchased by the member pursuant to such sections and the contributions represent (a) all or any portion of the balance of the member's interest in a qualified plan under section 401(a) of the Internal Revenue Code or (b) the interest of the member from an individual retirement account or an individual retirement annuity, the entire amount of which is attributable to a qualified total distribution, as defined in the Internal Revenue Code, from a qualified plan under section 401(a) of the code and qualified as a tax-free rollover amount. The member's interest under subdivision (a) or (b) of this subsection must be transferred to the retirement system within sixty days from the date of the distribution from the qualified plan, individual retirement account, or individual retirement annuity.
(2) Cash transferred to the retirement system as a rollover contribution shall be deposited as other payments for purchase of service credits or repurchase of relinquished creditable service pursuant to section 79-921.
(3) Under the same conditions as provided in subsection (1) of this section, the retirement system may accept eligible rollover distributions from (a) an annuity contract described in section 403(b) of the Internal Revenue Code, (b) a plan described in section 457(b) of the code which is maintained by a state, a political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state, or (c) the portion of a distribution from an individual retirement account or annuity described in section 408(a) or 408(b) of the code that is eligible to be rolled over and would otherwise be includable in gross income. Amounts accepted pursuant to this subsection shall be deposited as all other payments under this section.
(4) The retirement system may accept direct rollover distributions made from a qualified plan pursuant to section 401(a)(31) of the Internal Revenue Code. The direct rollover distribution shall be deposited as all other payments under this section.
(5) The board may adopt and promulgate rules and regulations defining procedures for acceptance of rollovers which are consistent with sections 401(a)(31) and 402 of the Internal Revenue Code.
Source
Laws 1996, LB 847, § 32;
Laws 1997, LB 623, § 17;
Laws 1997, LB 724, § 5;
Laws 2002, LB 407, § 29;
Laws 2014, LB1042, § 4;
Laws 2018, LB1005, § 27.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-933.03 - Contributing member; credit for service in other schools; limitation; procedure; payment.

79-933.03.
Contributing member; credit for service in other schools; limitation; procedure; payment.
(1) Under such rules and regulations as the board may adopt and promulgate, a contributing member under contract or employed on July 19, 1996, may receive credit for not to exceed ten years of creditable teaching service rendered in public schools in another state or schools in this state covered by a school retirement system established pursuant to section 79-979, if such member files an application for service credit within three years of membership or reinstatement in the School Employees Retirement System of the State of Nebraska and makes payment into the retirement system of an amount equal to the required deposits he or she would have paid had he or she been employed in this state by a school covered by the retirement system, plus the interest which would have accrued on such amount. Payment must be completed within five years of membership or reinstatement in the retirement system, or prior to termination of employment, whichever occurs first, and may be made through direct payment, installment payments, or an irrevocable payroll deduction authorization.
(2) A member who retires as a school employee of this state shall not receive credit for time in service outside of this state or in a school in this state covered by the school retirement system established pursuant to section 79-979 in excess of the time he or she has been in service as a school employee in this state of a school covered by the School Employees Retirement System of the State of Nebraska. The board shall refund to the member the payments made pursuant to subsection (1) of this section to the extent that the member does not receive credit for such service.
(3) A member who purchases service credit pursuant to this section shall provide such documentation as the board may require to prove that the member has forfeited the receipt of any benefits from the retirement system of the public school in another state or a school in this state covered by a retirement system established pursuant to section 79-979 for the creditable service rendered in such school.
Source
Laws 1996, LB 1076, § 22;
Laws 1997, LB 623, § 18;
Laws 1998, LB 1191, § 51;
Laws 1999, LB 703, § 10;
Laws 2011, LB509, § 24;
Laws 2018, LB1005, § 28.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-933.04 - Contributing member; credit for leave of absence; limitation; procedure; payment.

79-933.04.
Contributing member; credit for leave of absence; limitation; procedure; payment.
(1) For contributing members under contract or employed on July 19, 1996, and under such rules and regulations as the board may adopt and promulgate, any member who was away from his or her position while on a leave of absence from such position authorized by the school board or board of education of the school district by which he or she was employed at the time of such leave of absence or pursuant to any contractual agreement entered into by such school district may receive credit for such time as he or she was on such leave of absence. Such credit shall increase the benefits provided by the retirement system and shall be included in creditable service when determining eligibility for death, disability, termination, and retirement benefits. The member who receives the credit shall earn benefits during the leave based on compensation at the level received immediately prior to the leave of absence. Such credit shall be allowed if such member has paid into the retirement system an amount equal to the sum of the deductions from his or her compensation and any contribution which the school district would have been required to make had he or she continued to receive compensation at the level received immediately prior to the leave of absence with such deposits plus interest which would have accrued on such deposits to be paid as the retirement board may direct within five years of his or her return to membership in the retirement system, or prior to termination of employment, whichever occurs first, and may be made through direct payment, installment payments, or an irrevocable payroll deduction authorization.
(2) Leave of absence shall be construed to include, but is not limited to, sabbaticals, maternity leave, exchange teaching programs, full-time leave as an elected official of a professional association or collective-bargaining unit, or leave of absence to pursue further education or study. A leave of absence granted pursuant to this section shall not exceed four years in length, and in order to receive credit for the leave of absence the member must return to employment with a school district, other than a Class V school district, in the state within one year after termination of the leave of absence and must apply for such credit within three years of the return to membership in the retirement system.
Source
Laws 1996, LB 1076, § 23;
Laws 1997, LB 623, § 19;
Laws 1999, LB 703, § 11;
Laws 2018, LB1005, § 29.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-933.05 - Contributing member; credit for service in other schools; limitation; procedure; payment.

79-933.05.
Contributing member; credit for service in other schools; limitation; procedure; payment.
(1) A contributing member may purchase service credit for not to exceed ten years of creditable service rendered in public schools in another state or schools in this state covered by the school retirement system established pursuant to section 79-979. The amount to be paid by the member for such service credit shall equal the actuarial cost to the School Employees Retirement System of the State of Nebraska for allowing such additional service credit to the employee. Payment shall be completed within five years after making the election to purchase service credit or prior to termination of employment, whichever occurs first, and may be made through direct payment, installment payments, or an irrevocable payroll deduction authorization.
(2) A member who retires as a school employee of this state shall not receive credit for time in service outside of this state or in a school in this state covered by the school retirement system established pursuant to section 79-979 in excess of the time he or she has been in service as a school employee in this state of a school covered by the School Employees Retirement System of the State of Nebraska. The board shall refund to the member the payments made pursuant to this section to the extent that the member does not receive credit for such service.
(3) Compensation for the period of service purchased shall not be included in determining the member's final average compensation.
(4) A member who purchases service credit pursuant to this section shall provide such documentation as the board may require to prove that the member has forfeited the receipt of any benefits from the retirement system of the public school in another state or a school in this state covered by a retirement system established pursuant to section 79-979 for the creditable service rendered in such school.
Source
Laws 1996, LB 1076, § 24;
Laws 1997, LB 623, § 20;
Laws 1998, LB 1191, § 52;
Laws 1999, LB 703, § 12;
Laws 2001, LB 408, § 15;
Laws 2011, LB509, § 25.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-933.06 - Contributing member; credit for leave of absence; limitation; procedure; payment.

79-933.06.
Contributing member; credit for leave of absence; limitation; procedure; payment.
(1) Any contributing member may purchase service credit for time he or she was on a leave of absence authorized by the school board or board of education of the school district by which he or she was employed at the time of such leave of absence or pursuant to any contractual agreement entered into by such school district. Such credit shall increase the benefits provided by the retirement system and shall be included in creditable service when determining eligibility for death, disability, termination of employment, and retirement benefits. The amount to be paid by the member for such service credit shall equal the actuarial cost to the retirement system for allowing such additional service credit to the employee. Payment shall be completed within five years after such member's election to purchase service credit or prior to termination of employment, whichever occurs first, and may be made through direct payment, installment payments, or an irrevocable payroll deduction authorization.
(2) Leave of absence shall be construed to include, but not be limited to, sabbaticals, maternity leave, exchange teaching programs, full-time leave as an elected official of a professional association or collective-bargaining unit, or leave of absence to pursue further education or study. Such leave shall not exceed four years in length, and in order to receive credit for the leave of absence the member must return to employment with a school district, other than a Class V school district, in the state within one year after termination of the leave of absence.
(3) Compensation for the period of service purchased shall not be included in determining the member's final average compensation.
Source
Laws 1996, LB 1076, § 25;
Laws 1997, LB 623, § 21;
Laws 1999, LB 703, § 13;
Laws 2001, LB 408, § 16;
Laws 2002, LB 407, § 30;
Laws 2011, LB509, § 26.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-933.07 - Purchase of service credit or repurchase of relinquished creditable service; rules and regulations.

79-933.07.
Purchase of service credit or repurchase of relinquished creditable service; rules and regulations.
The board may adopt and promulgate rules and regulations for the purchase of service credit or the repurchase of relinquished creditable service, which shall include, but not be limited to, the method for determining actuarial cost and interest requirements for payments other than one lump-sum payment.
Source
Laws 1996, LB 1076, § 26;
Laws 2014, LB1042, § 5;
Laws 2018, LB1005, § 30.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-933.08 - Purchase of service credit within twelve months of retirement; agreement authorized.

79-933.08.
Purchase of service credit within twelve months of retirement; agreement authorized.
(1) A school employee who became a member before July 1, 2014, and who has completed at least five years of creditable service plus eligibility and vesting credit or a school employee who became a member for the first time on or after July 1, 2014, and who has completed ten or more years of creditable service may purchase service credit for up to five years of creditable service. Such purchase may be executed up to twelve months prior to the employee's retirement date. Such service credits shall be purchased by the employee for an amount equal to the actuarial cost to the retirement system for allowing such additional service credit to the employee.
(2) Payment for such service credits shall be completed prior to the employee's termination of employment date and may be made through direct payment, installment payments, or an irrevocable deduction authorization. If payments are made on an installment basis, interest shall be charged at the rate of regular interest.
(3) Compensation for the period of service purchased shall not be included in determining the member's final average compensation.
(4) The retirement board shall credit funds collected pursuant to this section to the Contingent Account pending the employee's retirement. If the employee does not retire within twelve months after the execution of the purchase made pursuant to this section, such funds shall be refunded, excluding interest earned, and the employee shall not be given credit for the service credit attempted to be purchased.
Source
Laws 1997, LB 724, § 1;
Laws 1999, LB 703, § 14;
Laws 2014, LB1042, § 6;
Laws 2017, LB415, § 29.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-933.09 - Retirement system; accept transfers; limitations; how treated.

79-933.09.
Retirement system; accept transfers; limitations; how treated.
The retirement system may accept as payment for repurchase of relinquished creditable service under section 79-921 or purchases of service credit made pursuant to the School Employees Retirement Act a direct trustee-to-trustee transfer from (1) an eligible tax-sheltered annuity plan as described in section 403(b) of the Internal Revenue Code or (2) an eligible deferred compensation plan as described in section 457(b) of the code on behalf of a member who is making payments for such relinquished creditable service or service credit. The amount transferred shall not exceed the amount of payment required for the relinquished creditable service being repurchased or service credit being purchased, and the repurchase of such relinquished creditable service or the purchase of such service credit shall qualify as a purchase of permissive service credit by the member as defined in section 415 of the code.
Source
Laws 2002, LB 407, § 31;
Laws 2014, LB1042, § 7.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-935 - Retirement; increase in benefits; when applicable.

79-935.
Retirement; increase in benefits; when applicable.
No provision of section 79-916, 79-934, 79-958, 79-960, or 79-966 which would result in an increase in benefits that would have been payable prior to July 1, 1984, shall apply to any person until that person has acquired the equivalent of one-half year of service or more as a school employee under the retirement system following July 1, 1984.
No provision of section 79-934, 79-957, 79-958, or 79-960 which would result in an increase in benefits that would have been payable prior to July 1, 1986, shall apply to any person until that person has acquired the equivalent of one-half year of service or more as a school employee under the retirement system following July 1, 1986.
No provision of section 79-934, 79-957, 79-958, or 79-960 which would result in an increase in benefits that would have been payable prior to April 1, 1988, shall apply to any person unless he or she is employed on such date and has acquired five hundred sixteen or more hours as a school employee under the retirement system during or after fiscal year 1987-88.
No provision of section 79-916, 79-934, 79-957, 79-958, 79-960, or 79-966 which would result in an increase in benefits that would have been payable prior to July 1, 2016, shall apply to any person until that person has acquired the equivalent of five years of service or more as a school employee under the retirement system following July 1, 2016.
Source
Laws 1984, LB 457, § 7;
Laws 1986, LB 325, § 8;
Laws 1988, LB 160, § 2;
R.S.1943, (1994), § 79-1522.02;
Laws 1996, LB 900, § 570;
Laws 2016, LB447, § 11.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-938 - Retirement allowance; method of payment; election.

79-938.
Retirement allowance; method of payment; election.
At any time before the retirement date a member may elect to receive his or her school retirement allowance or disability retirement allowance under any optional form specified in the group annuity contract, if one exists, or under any optional form permitted by the retirement board, if no group annuity contract exists. Such optional annuity shall be the actuarial equivalent of the normal form of the annuity.
Source
Laws 1945, c. 219, § 31, p. 648;
R.S.Supp.,1947, § 79-2931;
Laws 1949, c. 256, § 464, p. 850;
Laws 1951, c. 291, § 5, p. 967;
Laws 1967, c. 546, § 8, p. 1806;
Laws 1969, c. 735, § 9, p. 2781;
R.S.1943, (1994), § 79-1530;
Laws 1996, LB 900, § 573.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-939 - Retirement system; benefits; paid by retirement board.

79-939.
Retirement system; benefits; paid by retirement board.
All benefits under the retirement system shall be paid as directed by the retirement board. Except as provided in section 79-916, no member shall receive a retirement benefit from the retirement system covering years for which he or she is being paid a benefit under the Class V School Employees Retirement Act.
Source
Laws 1967, c. 546, § 18, p. 1809;
Laws 1969, c. 584, § 90, p. 2401;
R.S.1943, (1994), § 79-1557;
Laws 1996, LB 900, § 574;
Laws 1997, LB 623, § 24;
Laws 1998, LB 497, § 1.
Cross References
Class V School Employees Retirement Act, see section 79-978.01.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-941 - Total monthly benefit, defined; how computed.

79-941.
Total monthly benefit, defined; how computed.
For purposes of sections 79-941 to 79-946, unless the context otherwise requires, total monthly benefit means the benefit that would have been received under a monthly life annuity with no refund or death benefit option even though a different option, as provided in section 79-938, has been selected. The total monthly benefit shall be computed as if the person had retired at age sixty-five or at the actual age of retirement, whichever is later.
Source
Laws 1980, LB 228, § 2;
R.S.1943, (1994), § 79-1559;
Laws 1996, LB 900, § 576;
Laws 2011, LB509, § 27.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-942 - Supplemental retirement benefit; how computed.

79-942.
Supplemental retirement benefit; how computed.
For each person who qualifies under sections 79-941 to 79-946, the retirement board shall determine the value of the total monthly benefit being received from the School Employees Retirement System of the State of Nebraska or from the retirement system for Class V districts as provided by the Class V School Employees Retirement Act. From one hundred fifty-five dollars, the retirement board shall subtract the total monthly benefit. Such difference, if positive, shall be the supplemental benefit and shall be paid to the retired person each month from the School Retirement Fund, except that if this difference is less than five dollars, a minimum payment of five dollars per month shall be made to such person.
Source
Laws 1980, LB 228, § 3;
Laws 1981, LB 141, § 2;
R.S.1943, (1994), § 79-1560;
Laws 1996, LB 900, § 577;
Laws 1998, LB 497, § 3;
Laws 2004, LB 1097, § 25;
Laws 2011, LB509, § 28.
Cross References
Class V School Employees Retirement Act, see section 79-978.01.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-943 - Supplemental retirement benefit; not applicable; when.

79-943.
Supplemental retirement benefit; not applicable; when.
Section 79-942 shall not apply to any retired person who receives a service annuity less than the amount provided in sections 79-933 and 79-938.
Source
Laws 1980, LB 228, § 4;
Laws 1981, LB 141, § 3;
R.S.1943, (1994), § 79-1561;
Laws 1996, LB 900, § 578.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-944 - Supplemental retirement benefit; receipt by beneficiary.

79-944.
Supplemental retirement benefit; receipt by beneficiary.
If a beneficiary is receiving the annuity provided through the School Employees Retirement System of the State of Nebraska or through the retirement system for Class V districts as provided by the Class V School Employees Retirement Act, the supplemental benefit shall be the benefit that would be computed under section 79-942 had the deceased retired person still been alive. The beneficiary will continue to receive the supplemental benefit until the expiration of the annuity option selected by the member.
Source
Laws 1980, LB 228, § 5;
Laws 1981, LB 141, § 4;
R.S.1943, (1994), § 79-1562;
Laws 1996, LB 900, § 579;
Laws 1998, LB 497, § 4;
Laws 2011, LB509, § 29.
Cross References
Class V School Employees Retirement Act, see section 79-978.01.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-945 - Supplemental retirement benefit; receipt by beneficiary; duration.

79-945.
Supplemental retirement benefit; receipt by beneficiary; duration.
If a retiree eligible for the supplemental benefit under section 79-942 dies subsequent to July 19, 1980, the beneficiary shall be entitled to the supplemental benefit until the expiration of the annuity option selected by the retired member.
Source
Laws 1980, LB 228, § 6;
R.S.1943, (1994), § 79-1563;
Laws 1996, LB 900, § 580.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-946 - Retired Teachers Supplementary Benefits Fund; created; termination.

79-946.
Retired Teachers Supplementary Benefits Fund; created; termination.
(1) The Retired Teachers Supplementary Benefits Fund is created. The fund shall be administered by the retirement board. This fund shall be considered an express obligation of the state. The appropriation for such fund shall be determined by the retirement board as of January 1 of each odd-numbered year and included in the biennial budget to be adopted by the regular session of the Legislature held in each odd-numbered year.
(2) On June 30, 2004, the Retired Teachers Supplementary Benefits Fund shall terminate and all assets of the fund shall be transferred to the School Retirement Fund. All obligations of the Retired Teachers Supplementary Benefits Fund shall be paid thereafter from the School Retirement Fund. The appropriation to provide supplementary benefits to retired teachers shall be determined as provided in subsection (1) of this section and shall be made to the School Retirement Fund in the same manner and amounts as had been made to the Retired Teachers Supplementary Retirement Fund.
Source
Laws 1980, LB 228, § 7;
Laws 1986, LB 258, § 22;
R.S.1943, (1994), § 79-1564;
Laws 1996, LB 900, § 581;
Laws 2004, LB 1097, § 26.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-947 - Adjusted supplemental retirement benefit; determination; computation; payment; funding.

79-947.
Adjusted supplemental retirement benefit; determination; computation; payment; funding.
(1) Commencing October 1, 1988, the retirement board shall determine an adjusted supplemental retirement benefit to reflect changes in the cost of living and wage levels that have occurred subsequent to the date of retirement for each person who is retired from the School Employees Retirement System of the State of Nebraska or from the retirement system for Class V school districts as provided by the Class V School Employees Retirement Act with twenty-five or more years of creditable service as of October 1, 1988.
(2) For each person who qualifies under subsection (1) of this section, the retirement board shall determine the value of the total monthly benefit being received from the School Employees Retirement System of the State of Nebraska or from the retirement system for Class V school districts as provided by the Class V School Employees Retirement Act and the supplemental benefit provided by section 79-942 if applicable. From two hundred fifty dollars, the board shall subtract the total monthly benefit. Such difference, if positive, shall be the adjusted supplemental retirement benefit and shall be paid to the retired person each month, except that if this difference is less than five dollars, a minimum payment of five dollars per month shall be made to such person. The adjusted supplemental retirement benefit shall be paid to a retired person during his or her life.
(3) The retirement board may buy a paid-up annuity for a retired person which guarantees the adjusted supplemental retirement benefit provided under this section.
(4) The adjusted supplemental retirement benefit provided under this section shall be funded from the Contingent Account but only from such income that is attributable to employer and employee contributions.
Source
Laws 1988, LB 1170, § 21;
R.S.1943, (1994), § 79-1566;
Laws 1996, LB 900, § 582;
Laws 1998, LB 497, § 5;
Laws 2002, LB 407, § 33;
Laws 2011, LB509, § 30.
Cross References
Class V School Employees Retirement Act, see section 79-978.01.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-947.07 - Employee who becomes a member on or after July 1, 2013; annual benefit adjustment; cost-of-living adjustment calculation method.

79-947.07.
Employee who becomes a member on or after July 1, 2013; annual benefit adjustment; cost-of-living adjustment calculation method.
On July 1 of each year, for school employees who became members on or after July 1, 2013:
(1) The board shall determine the number of retired members or beneficiaries in the retirement system and an annual benefit adjustment shall be made by the board for each retired member or beneficiary. The benefit paid to a retired member or beneficiary under this section shall be increased annually by the lesser of (a) the percentage change in the Consumer Price Index for Urban Wage Earners and Clerical Workers for the period between June 30 of the prior year to June 30 of the present year or (b) one percent;
(2) Each retired member or beneficiary shall receive the sum of the annual benefit adjustment and such retiree's total monthly benefit less withholding, which sum shall be the retired member's or beneficiary's adjusted total monthly benefit. Each retired member or beneficiary shall receive the adjusted total monthly benefit until the expiration of the annuity option selected by the member or until the retired member or beneficiary again qualifies for the annual benefit adjustment, whichever occurs first;
(3) The annual benefit adjustment pursuant to this section shall not cause a current benefit to be reduced, and a retired member or beneficiary shall never receive less than the adjusted total monthly benefit until the annuity option selected by the member expires; and
(4) The board shall adjust the annual benefit adjustment provided in this section so that the cost-of-living adjustment provided to the retired member or beneficiary at the time of the annual benefit adjustment does not exceed the change in the Consumer Price Index for Urban Wage Earners and Clerical Workers for the period between June 30 of the prior year to June 30 of the present year. If the consumer price index used in this section is discontinued or replaced, a substitute index published by the United States Department of Labor shall be selected by the board which shall be a reasonable representative measurement of the cost-of-living for retired employees.
Source
Laws 2013, LB553, § 6.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-948 - Retirement benefits; exemption from taxation and legal process; exception.

79-948.
Retirement benefits; exemption from taxation and legal process; exception.
The right of a person to an annuity, an allowance, or any optional benefit under the School Employees Retirement Act, any other right accrued or accruing to any person or persons under such act, the various funds and account created thereby, and all the money, investments, and income thereof shall be exempt from any state, county, municipal, or other local tax, shall not be subject to execution, garnishment, attachment, the operation of bankruptcy or insolvency laws, or any other process of law whatsoever, and shall not be assignable except to the extent that such annuity, allowance, or benefit is subject to a qualified domestic relations order under the Spousal Pension Rights Act.
Source
Laws 1945, c. 219, § 53, p. 655;
R.S.Supp.,1947, § 79-2953;
Laws 1949, c. 256, § 486, p. 857;
Laws 1969, c. 735, § 15, p. 2783;
Laws 1971, LB 987, § 30;
Laws 1986, LB 311, § 20;
Laws 1988, LB 1170, § 19;
Laws 1989, LB 506, § 11;
Laws 1991, LB 549, § 44;
R.S.1943, (1994), § 79-1552;
Laws 1996, LB 900, § 583;
Laws 1996, LB 1273, § 26;
Laws 2002, LB 407, § 34;
Laws 2012, LB916, § 22;
Laws 2015, LB40, § 10.
Cross References
Spousal Pension Rights Act, see section 42-1101.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-949 - False or fraudulent actions; prohibited acts; refusal to furnish information; violations; penalties; denial of benefits.

79-949.
False or fraudulent actions; prohibited acts; refusal to furnish information; violations; penalties; denial of benefits.
(1) Any person who, knowing it to be false or fraudulent, presents or causes to be presented a false or fraudulent claim or benefit application, any false or fraudulent proof in support of such a claim or benefit, or false or fraudulent information which would affect a future claim or benefit application to be paid under the retirement system for the purpose of defrauding or attempting to defraud the retirement system shall be guilty of a Class II misdemeanor. The retirement board shall deny any benefits that it determines are based on false or fraudulent information and shall have a cause of action against the member to recover any benefits already paid on the basis of such information.
(2) Any school employee, member of a school board or board of education, or agent of any employer, who willfully fails or refuses to furnish to the retirement board upon its request and in the manner prescribed by it such information, data, or records, as may be necessary for carrying into effect the School Employees Retirement Act, shall be guilty of a Class V misdemeanor.
Source
Laws 1945, c. 219, § 54, p. 656;
R.S.Supp.,1947, § 79-2954;
Laws 1949, c. 256, § 487, p. 858;
Laws 1971, LB 987, § 31;
Laws 1977, LB 39, § 260;
Laws 1991, LB 549, § 45;
R.S.1943, (1994), § 79-1553;
Laws 1996, LB 900, § 584;
Laws 1998, LB 1191, § 54.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-950 - Appeal; procedure.

79-950.
Appeal; procedure.
All acts and decisions of the retirement board shall be subject to review, reversal, modification, or approval by the retirement board, on its own motion or on the complaint of a member, under such rules as the retirement board may prescribe. Any teacher or other person, who deems himself or herself aggrieved by any action of the retirement board, may appeal to and have the same reviewed by the retirement board under such rules as the retirement board shall prescribe. Any final order made by the retirement board after review may be appealed, and the appeal shall be in accordance with the Administrative Procedure Act.
Source
Laws 1945, c. 219, § 45, p. 653;
R.S.Supp.,1947, § 79-2945;
Laws 1949, c. 256, § 478, p. 855;
Laws 1988, LB 352, § 163;
R.S.1943, (1994), § 79-1544;
Laws 1996, LB 900, § 585.
Cross References
Administrative Procedure Act, see section 84-920.