reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-919 - Programs; administered independent of welfare assistance programs.

42-919.
Programs; administered independent of welfare assistance programs.
All programs under the Protection from Domestic Abuse Act shall be separate and administered independent of any welfare assistance program.
Source
Laws 1978, LB 623, § 19;
Laws 1997, LB 829, § 4.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-920 - Department; contract for services.

42-920.
Department; contract for services.
The department may construct, lease, purchase, purchase on contract, utilize vendor payment, and contract for services connected with the operation of the Protection from Domestic Abuse Act as needs and interest demand.
Source
Laws 1978, LB 623, § 20;
Laws 1997, LB 829, § 5.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-921 - Department; power to accept gifts, grants, devises, and bequests; use.

42-921.
Department; power to accept gifts, grants, devises, and bequests; use.
The department may accept gifts, grants, devises, and bequests of real and personal property from public or private sources to carry out the purposes of the Protection from Domestic Abuse Act. The department may sell, lease, exchange, invest, or expend such gifts, grants, devises, and bequests or the proceeds, rents, profits, and income therefrom according to the terms and conditions thereof.
Source
Laws 1978, LB 623, § 21;
Laws 1997, LB 829, § 6.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-922 - Department; adopt rules and regulations.

42-922.
Department; adopt rules and regulations.
The department shall adopt and promulgate such rules and regulations and perform all other acts as may be necessary or appropriate to carry out the Protection from Domestic Abuse Act. Such rules and regulations shall include, but not be limited to, rules and regulations relating to fees charged, training of personnel, and administration of the program.
Source
Laws 1978, LB 623, § 22;
Laws 1997, LB 829, § 7.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-923 - Department; determine ability to pay for services; uniform fee schedule; reduced or waived; when.

42-923.
Department; determine ability to pay for services; uniform fee schedule; reduced or waived; when.
The department shall determine the ability of the spouses or individuals to pay for services but shall not charge more than the actual cost. The department shall prepare and adopt a uniform fee schedule to be used. The scheduled fees may be reduced or waived by authorization of the department according to the rules of the department and as may be considered necessary to further the objective of the Protection from Domestic Abuse Act. The use of facilities and services established by the act shall not be denied residents of Nebraska because of inability to pay scheduled fees. Any fees received under this section shall be deposited in the General Fund.
Source
Laws 1978, LB 623, § 23;
Laws 1997, LB 829, § 8.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-924.01 - Protection order; filed, issued, and served without payment of costs; when.

42-924.01.
Protection order; filed, issued, and served without payment of costs; when.
Fees to cover costs associated with the filing of a petition for a protection order or the issuance or service of a protection order seeking only the relief provided by the Protection from Domestic Abuse Act shall not be charged, except that a court may assess such fees and costs if the court finds, by clear and convincing evidence, that the statements contained in the petition were false and that the protection order was sought in bad faith.
At the final hearing, a court may assess costs associated with the filing of a petition for a protection order or the issuance or service of a protection order seeking only the relief provided by the Protection from Domestic Abuse Act against the respondent.
Source
Laws 1989, LB 330, § 12;
Laws 1997, LB 393, § 1;
Laws 1998, LB 218, § 21.
Annotations
Under this section, the district court erred in taxing the costs of a domestic abuse protection order action to the petitioner without making findings that the facts in the affidavit were not true or that the order was sought in bad faith. Torres v. Morales, 287 Neb. 587, 843 N.W.2d 805 (2014).
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-924.02 - Protection order; forms provided; State Court Administrator; duties.

42-924.02.
Protection order; forms provided; State Court Administrator; duties.
The clerk of the district court shall make available standard petition and affidavit forms for all types of protection orders provided by law with instructions for completion to be used by a petitioner. Affidavit forms shall request all relevant information, including, but not limited to: A description of the most recent incident that was the basis for the application for a protection order and the date or approximate date of the incident and, if there was more than one incident, the most severe incident and the date or approximate date of such incident. The clerk and his or her employees shall not provide assistance in completing the forms. The State Court Administrator shall adopt and promulgate the standard petition and affidavit forms provided for in this section as well as the standard temporary ex parte and final protection order forms and provide a copy of such forms to all clerks of the district courts in this state. These standard temporary ex parte and final protection order forms shall be the only such forms used in this state.
Source
Laws 1989, LB 330, § 13;
Laws 1997, LB 393, § 2;
Laws 1998, LB 218, § 22;
Laws 2019, LB532, § 4.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-924.03 - Protection order granted to respondent; when.

42-924.03.
Protection order granted to respondent; when.
A court shall only grant a respondent a protection order if (1) the respondent files a cross or counter petition seeking a protection order and (2) the issuing court makes specific findings of domestic or family abuse against the respondent and determines that the respondent is entitled to a protection order.
Source
Laws 1998, LB 218, § 27.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-926 - Protection order; copies; distribution; sheriff; duties; dismissal or modification; clerk of court; duties; notice requirements.

42-926.
Protection order; copies; distribution; sheriff; duties; dismissal or modification; clerk of court; duties; notice requirements.
(1) Upon the issuance of a temporary ex parte or final protection order under section 42-925, the clerk of the court shall forthwith provide the petitioner, without charge, with two certified copies of such order. The clerk of the court shall also forthwith provide the local police department or local law enforcement agency and the local sheriff's office, without charge, with one copy each of such order and one copy each of the sheriff's return thereon. The clerk of the court shall also forthwith provide a copy of the protection order to the sheriff's office in the county where the respondent may be personally served together with instructions for service. Upon receipt of the order and instructions for service, such sheriff's office shall forthwith serve the protection order upon the respondent and file its return thereon with the clerk of the court which issued the protection order within fourteen days of the issuance of the protection order. If any protection order is dismissed or modified by the court, the clerk of the court shall forthwith provide the local police department or local law enforcement agency and the local sheriff's office, without charge, with one copy each of the order of dismissal or modification. If the respondent has notice as described in subsection (2) of this section, further service under this subsection is unnecessary.
(2) If the respondent was present at a hearing convened pursuant to section 42-925 and the protection order was not dismissed, the respondent shall be deemed to have notice by the court at such hearing that the protection order will be granted and remain in effect and further service of notice described in subsection (1) of this section is not required for purposes of prosecution under subsection (4) of section 42-924.
(3) When provided by the petitioner, the court shall make confidential numeric victim identification information, including social security numbers and dates of birth, available to appropriate criminal justice agencies engaged in protection order enforcement efforts. Such agencies shall maintain the confidentiality of this information, except for entry into state and federal databases for protection order enforcement.
Source
Laws 1978, LB 623, § 26;
Laws 1989, LB 330, § 9;
Laws 1998, LB 218, § 24;
Laws 2012, LB310, § 5;
Laws 2019, LB532, § 6.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-927 - Law enforcement agencies; education and training programs.

42-927.
Law enforcement agencies; education and training programs.
All law enforcement agencies in the state shall provide officers employed by them with an education and training program designed to inform the officers of the problems of domestic abuse, procedures to deal with such problems, the Protection from Domestic Abuse Act, and the services and facilities available to abused family and household members.
Source
Laws 1978, LB 623, § 27;
Laws 1997, LB 829, § 9.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-928 - Protection order; restraining order; violation; arrest, when.

42-928.
Protection order; restraining order; violation; arrest, when.
A peace officer shall with or without a warrant arrest a person if (1) the officer has probable cause to believe that the person has committed a violation of an order issued pursuant to section 42-924, a violation of section 42-925, a violation of an order excluding a person from certain premises issued pursuant to section 42-357, or a violation of a valid foreign protection order recognized pursuant to section 42-931 and (2) a petitioner under section 42-924 or 42-925, an applicant for an order excluding a person from certain premises issued pursuant to section 42-357, or a person protected under a valid foreign protection order recognized pursuant to section 42-931 provides the peace officer with a copy of a protection order or an order excluding a person from certain premises issued under such sections or the peace officer determines that such an order exists after communicating with the local law enforcement agency.
Source
Laws 1989, LB 330, § 10;
Laws 1998, LB 218, § 25.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-929 - Arrest; peace officer; duties; conditions of release.

42-929.
Arrest; peace officer; duties; conditions of release.
A peace officer making an arrest pursuant to section 42-928 shall take such person into custody and take such person before a judge of the county court or the court which issued the protection order. At such time the court shall establish the conditions of such person's release from custody, including the determination of bond or recognizance, as the case may be. The court shall issue an order directing that such person shall have no contact with the alleged victim of the abuse or violation.
Source
Laws 1989, LB 330, § 11.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-930 - Law enforcement agency; Nebraska Commission on Law Enforcement and Criminal Justice; duties.

42-930.
Law enforcement agency; Nebraska Commission on Law Enforcement and Criminal Justice; duties.
(1) By January 1, 1998, each law enforcement agency shall develop a system for recording incidents of domestic abuse within its jurisdiction. All incidents of domestic abuse, whether or not an arrest was made, shall be documented with a written incident report form that includes a domestic abuse identifier.
(2) By January 1, 1998, the Nebraska Commission on Law Enforcement and Criminal Justice shall develop or shall approve a monthly reporting process. Each law enforcement agency shall compile and submit a monthly report to the commission on the number of domestic abuse incidents recorded within its jurisdiction.
(3) The commission shall submit a report annually to the Governor, the Legislature, and the public indicating the total number of incidents of domestic abuse reported by each reporting agency. The report submitted to the Legislature shall be submitted electronically.
Source
Laws 1997, LB 829, § 10;
Laws 2012, LB782, § 43.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-931 - Foreign protection order; enforcement.

42-931.
Foreign protection order; enforcement.
A valid foreign protection order related to domestic or family abuse issued by a tribunal of another state, tribe, or territory shall be accorded full faith and credit by the courts of this state and enforced pursuant to the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act.
Source
Laws 1998, LB 218, § 26;
Laws 2003, LB 148, § 99.
Cross References
Uniform Interstate Enforcement of Domestic Violence Protection Orders Act, see section 42-932.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-933 - Terms, defined.

42-933.
Terms, defined.
For purposes of the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act:
(1) Foreign protection order means a protection order issued by a tribunal of another state;
(2) Issuing state means the state whose tribunal issues a protection order;
(3) Mutual foreign protection order means a foreign protection order that includes provisions in favor of both the protected individual seeking enforcement of the order and the respondent;
(4) Protected individual means an individual protected by a protection order;
(5) Protection order means an injunction or other temporary or final order, issued by a tribunal under the domestic violence, family violence, or antistalking laws, broadly construed, of the issuing state, to prevent an individual from engaging in violent or threatening acts against, harassment of, contact or communication with, or physical proximity to, another individual;
(6) Respondent means the individual against whom enforcement of a protection order is sought;
(7) State means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band that has jurisdiction to issue protection orders; and
(8) Tribunal means a court, agency, or other entity authorized by law to issue or modify a protection order.
Source
Laws 2003, LB 148, § 91.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-934 - Judicial enforcement of order.

42-934.
Judicial enforcement of order.
(a) A person authorized by the law of this state to seek enforcement of a protection order may seek enforcement of a valid foreign protection order in a tribunal of this state. The tribunal shall enforce the terms of the order, including terms that provide relief that a tribunal of this state would lack power to provide but for this section. The tribunal shall enforce the order, whether the order was obtained by independent action or in another proceeding, if it is an order issued in response to a complaint, petition, or motion filed by or on behalf of an individual seeking protection. In a proceeding to enforce a foreign protection order, the tribunal shall follow the procedures of this state for the enforcement of protection orders.
(b) A tribunal of this state may not enforce a foreign protection order issued by a tribunal of a state that does not recognize the standing of a protected individual to seek enforcement of the order.
(c) A tribunal of this state shall enforce the provisions of a valid foreign protection order which govern child custody, parenting time, visitation, or other access, if the order was issued in accordance with the applicable federal and state jurisdictional requirements governing the issuance of orders relating to child custody, parenting time, visitation, or other access in the issuing state.
(d) A foreign protection order is valid if it:
(1) identifies the protected individual and the respondent;
(2) is currently in effect;
(3) was issued by a tribunal that had jurisdiction over the parties and subject matter under the law of the issuing state; and
(4) was issued after the respondent was given reasonable notice and had an opportunity to be heard before the tribunal issued the order or, in the case of an order ex parte, the respondent was given notice and has had or will have an opportunity to be heard within a reasonable time after the order was issued, in a manner consistent with the rights of the respondent to due process.
(e) A foreign protection order valid on its face is prima facie evidence of its validity.
(f) Absence of any of the criteria for validity of a foreign protection order is an affirmative defense in an action seeking enforcement of the order.
(g) A tribunal of this state may enforce provisions of a mutual foreign protection order which favor a respondent only if:
(1) the respondent filed a written pleading seeking a protection order from the tribunal of the issuing state; and
(2) the tribunal of the issuing state made specific findings in favor of the respondent.
Source
Laws 2003, LB 148, § 92;
Laws 2007, LB554, § 37.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-935 - Nonjudicial enforcement of order.

42-935.
Nonjudicial enforcement of order.
(a) A law enforcement officer of this state, upon determining that there is probable cause to believe that a valid foreign protection order exists and that the order has been violated, shall enforce the order as if it were the order of a tribunal of this state. Presentation of a protection order that identifies both the protected individual and the respondent and, on its face, is currently in effect constitutes probable cause to believe that a valid foreign protection order exists. For purposes of this section, the protection order may be inscribed on a tangible medium or may have been stored in an electronic or other medium if it is retrievable in perceivable form. Presentation of a certified copy of a protection order is not required for enforcement.
(b) If a foreign protection order is not presented, a law enforcement officer of this state may consider other information in determining whether there is probable cause to believe that a valid foreign protection order exists.
(c) If a law enforcement officer of this state determines that an otherwise valid foreign protection order cannot be enforced because the respondent has not been notified or served with the order, the officer shall inform the respondent of the order, make a reasonable effort to serve the order upon the respondent, and allow the respondent a reasonable opportunity to comply with the order before enforcing the order.
(d) Registration or filing of an order in this state is not required for the enforcement of a valid foreign protection order pursuant to the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act.
Source
Laws 2003, LB 148, § 93.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-936 - Registration of order.

42-936.
Registration of order.
(a) Any individual may register a foreign protection order in this state. To register a foreign protection order, an individual shall:
(1) present a certified copy of the order to the Nebraska State Patrol for the registration of such orders; or
(2) present a certified copy of the order to another agency designated by the state and request that the order be registered with the Nebraska State Patrol.
(b) Upon receipt of a foreign protection order, the agency responsible for the registration of such orders shall register the order in accordance with this section. After the order is registered, the responsible agency shall furnish to the individual registering the order a certified copy of the registered order.
(c) The agency responsible for the registration of foreign protection orders shall register an order upon presentation of a copy of a protection order which has been certified by the issuing state. A registered foreign protection order that is inaccurate or is not currently in effect shall be corrected or removed from the registry in accordance with the law of this state.
(d) An individual registering a foreign protection order shall file an affidavit by the protected individual stating that, to the best of the protected individual's knowledge, the order is currently in effect.
(e) A foreign protection order registered under the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act may be entered in any existing state or federal registry of protection orders, in accordance with applicable law.
(f) A fee shall not be charged for the registration of a foreign protection order.
Source
Laws 2003, LB 148, § 94.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-937 - Immunity.

42-937.
Immunity.
This state or a local governmental agency, or a law enforcement officer, prosecuting attorney, clerk of the court, or any state or local governmental official acting in an official capacity, is immune from civil and criminal liability for conduct arising out of the registration or enforcement of a foreign protection order or the detention or arrest of an alleged violator of a foreign protection order if the conduct was done in good faith in an effort to comply with the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act.
Source
Laws 2003, LB 148, § 95.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-939 - Uniformity of application and construction.

42-939.
Uniformity of application and construction.
In applying and construing the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Source
Laws 2003, LB 148, § 97.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-940 - Applicability of act.

42-940.
Applicability of act.
The Uniform Interstate Enforcement of Domestic Violence Protection Orders Act applies to protection orders issued before January 1, 2004, and to continuing actions for enforcement of foreign protection orders commenced before January 1, 2004. A request for enforcement of a foreign protection order made on or after January 1, 2004, for violations of a foreign protection order occurring before January 1, 2004, is governed by the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act.
Source
Laws 2003, LB 148, § 98.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-1002 - Definitions.

42-1002.
Definitions.
As used in the Uniform Premarital Agreement Act:
(1) Premarital agreement means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.
(2) Property means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings.
Source
Laws 1994, LB 202, § 2.
Annotations
The parties' premarital agreement providing that each party would retain "full and complete ownership of all real and personal property that they now own" and "full and complete ownership of all property which shall come into their possession as the result of each party's work and labor, investments, inheritance or otherwise" was enforceable. Cook v. Cook, 26 Neb. App. 137, 918 N.W.2d 1 (2018).
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-1004 - Content.

42-1004.
Content.
(1) Parties to a premarital agreement may contract with respect to:
(a) The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located;
(b) The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;
(c) The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event;
(d) The modification or elimination of spousal support;
(e) The making of a will, trust, or other arrangement, to carry out the provisions of the agreement;
(f) The ownership rights in and disposition of the death benefit from a life insurance policy;
(g) The choice of law governing the construction of the agreement; and
(h) Any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.
(2) The right of a child to support may not be adversely affected by a premarital agreement.
Source
Laws 1994, LB 202, § 4.
Annotations
The proceeds from a wrongful death action are not the property of a decedent's estate and are therefore not contemplated as a property right waived in a premarital agreement unless the language of the premarital agreement specifically waives such a right. In re Estate of McConnell, 28 Neb. App. 303, 943 N.W.2d 722 (2020).
The parties' premarital agreement providing that each party would retain "full and complete ownership of all real and personal property that they now own" and "full and complete ownership of all property which shall come into their possession as the result of each party's work and labor, investments, inheritance or otherwise" was enforceable. Cook v. Cook, 26 Neb. App. 137, 918 N.W.2d 1 (2018).
Subsection (1)(d) of this section applies to both permanent and temporary spousal support. Edwards v. Edwards, 16 Neb. App. 297, 744 N.W.2d 243 (2008).
Subsection (1)(d) of this section is more specific than section 42-357 on the issue of modification or elimination of temporary spousal support. Edwards v. Edwards, 16 Neb. App. 297, 744 N.W.2d 243 (2008).
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-1007 - Enforcement; void marriage.

42-1007.
Enforcement; void marriage.
If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.
Source
Laws 1994, LB 202, § 7.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-1008 - Limitation of actions.

42-1008.
Limitation of actions.
Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement. However, equitable defenses limiting the time for enforcement, including laches and estoppel, are available to either party.
Source
Laws 1994, LB 202, § 8.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-1009 - Application and construction.

42-1009.
Application and construction.
The Uniform Premarital Agreement Act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of the act among states enacting it.
Source
Laws 1994, LB 202, § 9.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-1010 - Severability.

42-1010.
Severability.
If any provision of the Uniform Premarital Agreement Act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of the act are severable.
Source
Laws 1994, LB 202, § 10.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-1102 - Terms, defined.

42-1102.
Terms, defined.
For purposes of the Spousal Pension Rights Act:
(1) Alternate payee means a spouse, former spouse, child, or other dependent of a member who is recognized by a domestic relations order as having a right to receive all or a portion of the benefits payable by a statewide public retirement system with respect to such member;
(2) Benefit means an annuity, a pension, a retirement allowance, a withdrawal of accumulated contributions, or an optional benefit accrued or accruing to a member under a statewide public retirement system;
(3) Domestic relations order means a judgment, decree, or order, including approval of a property settlement agreement, which relates to the provision of child support, alimony payments, maintenance support, or marital property rights to a spouse, former spouse, child, or other dependent of a member and is made pursuant to a state domestic relations law of this state or another state;
(4) Earliest retirement date means the earlier of (a) the date on which the member is entitled to a distribution under the system or (b) the later of (i) the date that the member attains fifty years of age or (ii) the earliest date that the member could receive benefits under the system if the member separated from service;
(5) Qualified domestic relations order means a domestic relations order which creates or recognizes the existence of an alternate payee's right, or assigns to an alternate payee the right, to receive all or a portion of the benefits payable with respect to a member under a statewide public retirement system, which directs the system to disburse benefits to the alternate payee, and which meets the requirements of section 42-1103;
(6) Segregated amounts means the amounts which would have been payable to the alternative payee during the period of time that the qualified status of an order is being determined. Such amounts shall equal the amounts payable for such period if the order had been determined to be a qualified domestic relations order; and
(7) Statewide public retirement system means the Retirement System for Nebraska Counties, the Nebraska Judges Retirement System as provided in the Judges Retirement Act, the School Employees Retirement System of the State of Nebraska, the Nebraska State Patrol Retirement System, and the State Employees Retirement System of the State of Nebraska.
Source
Laws 1996, LB 1273, § 2;
Laws 2004, LB 1097, § 21;
Laws 2011, LB509, § 12.
Cross References
Judges Retirement Act, see section 24-701.01.
Nebraska State Patrol Retirement System, see section 81-2015.
Retirement System for Nebraska Counties, see section 23-2302.
School Employees Retirement System of the State of Nebraska, see section 79-903.
State Employees Retirement System of the State of Nebraska, see section 84-1302.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-1103 - Qualified domestic relations order; requirements.

42-1103.
Qualified domestic relations order; requirements.
A domestic relations order is a qualified domestic relations order only if such order or accompanying document:
(1) Clearly specifies the following:
(a) The name, social security number, and last-known mailing address, if any, of the member;
(b) The name, social security number, and last-known mailing address, if any, of the alternate payee covered by the order;
(c) The statewide public retirement system or systems to which the order applies;
(d) The number of payments or period to which such order applies; and
(e) The amount or percentage of the member's benefits to be paid by each statewide public retirement system to each alternate payee or the manner in which such amount or percentage is determined;
(2) Does not require a statewide public retirement system to provide any type or form of benefit, or any option, not otherwise provided under the plan;
(3) Does not require a statewide public retirement system to provide increased benefits determined on the basis of actuarial value;
(4) Does not require a statewide public retirement system to pay to an alternate payee benefits which are required to be paid to another alternate payee under another order previously determined to be a qualified domestic relations order; and
(5) Does not require the payment of benefits to an alternate payee before the earliest retirement date of a member.
Source
Laws 1996, LB 1273, § 3;
Laws 2006, LB 1113, § 37.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-1104 - Order; payment of benefits; alternate payee.

42-1104.
Order; payment of benefits; alternate payee.
(1) A qualified domestic relations order may provide for the payment of benefits to an alternate payee beginning on or after the member's earliest retirement date but before the member terminates employment. Payment of the benefit to the alternate payee pursuant to a qualified domestic relations order shall commence either on the member's retirement date or on the first day of the month immediately following the month in which the alternate payee notifies the statewide public retirement system of the election to begin payment, but not prior to the member's earliest retirement date.
(2) If payment begins after the member's earliest retirement date but prior to the member's retirement date, the alternate payee is only entitled to the actuarial equivalent of the alternate payee's share of the member's benefit payable on the member's earliest retirement date or the alternate payee's election date, whichever is later.
Source
Laws 1996, LB 1273, § 4.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-1105 - Order; form of benefit payment.

42-1105.
Order; form of benefit payment.
An alternate payee under a qualified domestic relations order shall receive the form of benefit payment specified in the order or, if not specified, selected by the alternate payee, if such form is a form available to the member and is not a joint and survivor annuity with the alternate payee's subsequent spouse.
Source
Laws 1996, LB 1273, § 5.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-1106 - Death of alternate payee; effect.

42-1106.
Death of alternate payee; effect.
If the alternate payee dies prior to receiving any payment of his or her interest in the member's benefit under a qualified domestic relations order, such interest reverts to the member. If the alternate payee dies after commencement of payments of his or her interest, then the alternate payee's beneficiary is entitled to the balance of the payee's interest under the payment option provided by the order or selected by the payee, except a joint and survivor annuity option with the alternate payee and alternate payee's spouse.
Source
Laws 1996, LB 1273, § 6.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-1107 - Order; surviving spouse; payment option.

42-1107.
Order; surviving spouse; payment option.
A qualified domestic relations order may provide that a spouse under a judgment for separate maintenance or a former spouse is considered the surviving spouse under the plan. If the order requires the member to select a payment option with survivorship rights, the Public Employees Retirement Board shall require consent by such spouse for the selection of the annuity option by the member or for any change in the selection of the annuity option by the member. The order may specifically require that the annuity option be a joint and survivor annuity.
Source
Laws 1996, LB 1273, § 7.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-1108 - Order; alternate payee; file with board; notice.

42-1108.
Order; alternate payee; file with board; notice.
The alternate payee shall file a copy of the domestic relations order involving benefits under a statewide public retirement system with the Public Employees Retirement Board within ninety days after the date that the order was entered. Upon good cause shown, the board may accept an order after ninety days following its entry. Within ten days, the board shall notify in writing the member and alternate payee that the board has received the domestic relations order. Such notice shall include a description of the procedure to determine if the domestic relations order is a qualified domestic relations order under the Spousal Pension Rights Act. The Public Employees Retirement Board shall be held harmless by the alternate payee and the member for any amounts paid in violation of an order prior to the date on which the order is filed with the board.
Source
Laws 1996, LB 1273, § 8;
Laws 1998, LB 1191, § 41.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-1109 - Rules and regulations.

42-1109.
Rules and regulations.
The Public Employees Retirement Board shall adopt and promulgate rules and regulations to establish reasonable procedures to determine the qualified status of domestic relations orders and to administer distributions under such orders. Such procedures shall allow an alternate payee to designate a representative for receipt of copies of notices.
Source
Laws 1996, LB 1273, § 9.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-1110 - Qualified domestic relations order; how determined; procedure.

42-1110.
Qualified domestic relations order; how determined; procedure.
(1) The Public Employees Retirement Board, or the board's designee, shall determine, within a reasonable period of time after receiving a domestic relations order, if the order is a qualified domestic relations order under the Spousal Pension Rights Act. The board may determine that an order is not qualified for the following reasons:
(a) The order fails to fulfill all the requirements under section 42-1103;
(b) The order requires the board to act contrary to the statutory provisions of the statewide public retirement system; or
(c) The order requires payment to the alternate payee in the form of a joint and survivor annuity with respect to the alternate payee and his or her subsequent spouse.
(2) Failure to file an order within ninety days after its entry shall not be the basis for determining that an order is not a qualified domestic relations order.
(3) Within seven days after making the determination, the board or its designee shall notify the alternate payee and the member whether the domestic relations order is a qualified domestic relation order under the act. If the order is not a qualified domestic relations order, the notice shall specify the basis for such determination.
(4) A determination by the board or its designee that a domestic relations order is not a qualified domestic relations order does not prohibit a member or an alternate payee from filing an amended order with the board.
Source
Laws 1996, LB 1273, § 10.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-1111 - Director; separate accounting required; when; investment authority.

42-1111.
Director; separate accounting required; when; investment authority.
(1) During the period of time that a determination, by the board, its designee, or a court of competent jurisdiction, is being made as to whether a domestic relations order is a qualified domestic relations order, the director of the statewide public retirement systems shall separately account for the segregated amounts.
(2) If a member of the statewide public retirement systems participates in a defined contribution account, the member shall maintain investment authority over the entire account until the order is determined to be a qualified domestic relations order, but upon such determination, the alternate payee shall receive investment authority over the alternate payee's share of the account.
(3) If within the eighteen-month period the order is determined to be a qualified domestic relations order, the director of the statewide public retirement systems shall pay the segregated amounts plus interest to the alternate payee or payees entitled thereto.
(4) If within the eighteen-month period the order is determined not to be a qualified domestic relations order or the qualified status of the order is not resolved, the director of the statewide public retirement systems shall pay the segregated amounts plus interest to the member or other beneficiaries entitled thereto.
(5) If the determination that the order is a qualified domestic relations order is made after the eighteen-month period, the order will be applied prospectively only.
(6) For purposes of this section, the eighteen-month period begins on the date that the first payment would be required under the domestic relations order.
Source
Laws 1996, LB 1273, § 11;
Laws 2003, LB 451, § 17.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-1112 - Order filed prior to July 19, 1996; applicability.

42-1112.
Order filed prior to July 19, 1996; applicability.
A domestic relations order filed with the Public Employees Retirement Board prior to July 19, 1996, shall be deemed a qualified domestic relations order under the Spousal Pension Rights Act if the statewide public retirement system is making payments under the order on July 19, 1996, and such order conforms to section 414(p)(11) of the Internal Revenue Code.
Source
Laws 1996, LB 1273, § 12.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-1113 - Liability.

42-1113.
Liability.
The member and alternate payee shall hold the statewide public retirement system and its fiduciaries harmless from any liabilities which arise from (1) treating a domestic relations order as being, or not being, a qualified domestic relations order, or (2) taking action pursuant to section 42-1111. The system's obligation to the member and each alternate payee shall be discharged to the extent of any payment made pursuant to the Spousal Pension Rights Act.
Source
Laws 1996, LB 1273, § 13.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-1202 - Findings.

42-1202.
Findings.
The Legislature finds that persons attempting to escape from actual or threatened abuse, sexual assault, kidnapping, or stalking frequently establish new addresses in order to prevent their assailants or probable assailants from finding them. The purposes of the Address Confidentiality Act are to enable state and local agencies to respond to requests for public records without disclosing the location of a victim of abuse, sexual assault, kidnapping, or stalking, to enable interagency cooperation with the office of the Secretary of State in providing address confidentiality for victims of abuse, sexual assault, kidnapping, or stalking, and to enable state and local agencies to accept a program participant's use of an address designated by the Secretary of State as a substitute mailing address.
Source
Laws 2003, LB 228, § 2;
Laws 2022, LB691, § 1.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-1203 - Terms, defined.

42-1203.
Terms, defined.
For purposes of the Address Confidentiality Act:
(1) Abuse means causing or attempting to cause physical harm, placing another person in fear of physical harm, or causing another person to engage involuntarily in sexual activity by force, threat of force, or duress, when committed by (a) a person against his or her spouse, (b) a person against his or her former spouse, (c) a person residing with the victim if such person and the victim are or were in a dating relationship, (d) a person who formerly resided with the victim if such person and the victim are or were in a dating relationship, (e) a person against a parent of his or her children, whether or not such person and the victim have been married or resided together at any time, (f) a person against a person with whom he or she is in a dating relationship, (g) a person against a person with whom he or she formerly was in a dating relationship, or (h) a person related to the victim by consanguinity or affinity;
(2) Address means a residential street address, school address, or work address of an individual as specified on the individual's application to be a program participant;
(3) Dating relationship means an intimate or sexual relationship;
(4) Kidnapping has the same meaning as in section 28-313;
(5) Program participant means a person certified as a program participant under section 42-1204;
(6) Sexual assault has the same meaning as in section 28-319, 28-319.01, 28-320, 28-320.01, or 28-386;
(7) Stalking has the same meaning as in sections 28-311.02 to 28-311.05; and
(8) Trafficking victim has the same meaning as in section 28-830.
Source
Laws 2003, LB 228, § 3;
Laws 2006, LB 1199, § 31;
Laws 2017, LB280, § 1;
Laws 2022, LB691, § 2.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-1204 - Substitute address; application to Secretary of State; approval; certification; renewal; prohibited acts; violation; penalty.

42-1204.
Substitute address; application to Secretary of State; approval; certification; renewal; prohibited acts; violation; penalty.
(1) An adult, a parent or guardian acting on behalf of a minor, or a guardian acting on behalf of an incapacitated person as defined in section 30-2601 may apply to the Secretary of State to have an address designated by the Secretary of State serve as the substitute address of such adult, minor, or incapacitated person. The Secretary of State shall approve an application if it is filed in the manner and on the form prescribed by the Secretary of State and if it contains:
(a) A sworn statement by the applicant that the applicant has good reason to believe (i) that the applicant, or the minor or incapacitated person on whose behalf the application is made, is a victim of abuse, sexual assault, kidnapping, stalking, or trafficking and (ii) that the applicant fears for his or her safety, his or her children's safety, or the safety of the minor or incapacitated person on whose behalf the application is made;
(b) A designation of the Secretary of State as agent for purposes of service of process and receipt of mail;
(c) The mailing address and the telephone number or numbers where the applicant can be contacted by the Secretary of State;
(d) The new address or addresses that the applicant requests not be disclosed for the reason that disclosure will increase the risk of abuse, sexual assault, kidnapping, stalking, or trafficking; and
(e) The signature of the applicant and of any individual or representative of any office designated in writing under section 42-1209 who assisted in the preparation of the application and the date on which the applicant signed the application.
(2) Applications shall be filed in the office of the Secretary of State.
(3) Upon filing a properly completed application, the Secretary of State shall certify the applicant as a program participant. Such certification shall be valid for four years following the date of filing unless the certification is withdrawn or invalidated before that date. The Secretary of State may by rule and regulation establish a renewal procedure.
(4) A person who falsely attests in an application that disclosure of the applicant's address would endanger the applicant, the applicant's children, or the minor or incapacitated person on whose behalf the application is made, or who knowingly provides false or incorrect information upon making an application, is guilty of a Class II misdemeanor.
Source
Laws 2003, LB 228, § 4;
Laws 2017, LB280, § 2;
Laws 2022, LB691, § 3.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-1205 - Certification; forfeiture or cancellation; when.

42-1205.
Certification; forfeiture or cancellation; when.
(1) If a program participant obtains a name change, he or she shall forfeit his or her certification as a program participant unless the program participant applies to the Secretary of State for recertification and provides documentation of the legal name change.
(2) The Secretary of State may cancel a program participant's certification if there is a change in the mailing address from the one listed on the application under section 42-1204, unless the program participant provides the Secretary of State with notice of the change of address in such manner as is provided by rules and regulations adopted and promulgated by the Secretary of State.
(3) The Secretary of State may cancel certification of a program participant if mail forwarded to the program participant's address is returned as undeliverable.
(4) The Secretary of State shall cancel certification of a program participant who applies using false information.
Source
Laws 2003, LB 228, § 5.