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2023 Nevada Revised Statutes › Chapter 286 - Public Employees’ Retirement › NRS 286.430 - Withdrawal of contributions.

1. Except as otherwise provided in subsection 8 and NRS 286.300, a member may withdraw the employee contributions credited to the member’s individual account if:
(a) The member has terminated service for which contribution is required; or
(b) The member is employed in a position for which contribution is prohibited.
2. The System shall not refund these contributions until it has received:
(a) A properly completed application for refund;
(b) A notice of termination from the member’s public employer or a certification by the public employer that the member is employed in a position for which contribution is prohibited; and
(c) Except as otherwise provided in subsection 3, all contributions withheld from such member’s compensation.
3. If a member submits an application for a refund of the member’s contributions before all of the member’s contributions which were withheld have been remitted, the System may refund the portion of the member’s contributions which it has received.
4. If it is determined, after the System has refunded the contributions of a member, that an additional amount of less than $10 is due to the member, a refund of that amount need not be paid.
5. Refunds, pursuant to this section, must be made by check mailed to the address specified by a member in the member’s application for refund.
6. The System shall transfer all money retained pursuant to subsection 4 and the amount of any unclaimed refund checks to the Public Employees’ Retirement Fund or the Police and Firefighters’ Retirement Fund.
7. All membership rights and active service credit in the System, including service for which the public employer paid the employee contributions, are cancelled upon the withdrawal of contributions from a member’s account.
8. A member who transfers to a position for which contribution is prohibited must remain in that position for at least 90 days before the member is eligible to receive a refund pursuant to this section.
[Part 16:181:1947; A 1949, 174; 1951, 269; 1955, 117]—(NRS A 1963, 988; 1965, 955; 1975, 1043; 1977, 1585; 1979, 258; 1981, 450; 1983, 480; 1987, 681; 2001, 2403; 2003, 2059)
2023 Nevada Revised Statutes › Chapter 286 - Public Employees’ Retirement › NRS 286.435 - Repayment upon retroactive reinstatement.

Except as otherwise required as a result of NRS 286.537:
1. Any member whose employment is involuntarily terminated and who is thereafter reinstated retroactively to employment with a participating public employer by order of any administrative or judicial authority, or by the terms of any settlement agreement, shall pay to the System:
(a) Any employee contributions which were refunded to the member;
(b) Any service or disability allowance which was paid to the member;
(c) All employee contributions which would have been made on the back pay awarded to the member; and
(d) The interest on any amount due from the date on which:
(1) The member received the money to be repaid pursuant to paragraph (a) or (b); and
(2) Each contribution would have been made on the money due pursuant to paragraph (c),
to the date of payment at the assumed investment income rate used in the most recent actuarial valuation of the System.
2. The employer shall deduct from any back pay awarded or granted to the member all money due pursuant to subsection 1 and forward this amount to the System. If the amount of back pay awarded or granted to the member is not sufficient to pay all of the money due pursuant to subsection 1, the member shall pay any balance due to the System under a reasonable plan for payment established by the System.
3. Upon receipt by the System of the full amount due pursuant to subsection 1, the member is entitled to all the membership rights and service credit which were cancelled by the member’s involuntary termination.
(Added to NRS by 1983, 491; A 1989, 1562; 1991, 2360)
2023 Nevada Revised Statutes › Chapter 286 - Public Employees’ Retirement › NRS 286.440 - Redeposit of withdrawn contributions upon return to service: Procedure.

1. Whenever a member, who has previously withdrawn the amount credited to the member as provided in NRS 286.430, returns to the service of a public employer participating in the System and remains a contributing member for 6 months, the member may:
(a) Make repayment in a lump sum plus interest from the date the member withdrew the member’s contributions to the date of repayment; or
(b) With the approval of the Executive Officer, enter into an agreement containing a schedule of payments to repay the withdrawn contributions plus interest from the date of withdrawal to the date of repayment. Payments shall not be less than $10 per month.
For the purposes of this subsection, interest shall be computed at the assumed investment income rate used in the actuarial valuation of the System next preceding the date of repayment under paragraph (a) or agreement under paragraph (b).
2. Upon redepositing the member’s withdrawn contributions, with interest, the member shall have restored completely the member’s previous service credit which had been relinquished by the withdrawal of such contributions. If a member fails to perform fully an agreed repayment schedule, the member is entitled to service credit for previous service in the same proportion that the member’s repayment of withdrawn contributions bears to the total amount of withdrawn contributions.
[Part 16:181:1947; A 1949, 174; 1951, 269; 1955, 117]—(NRS A 1961, 162; 1963, 988; 1967, 742; 1973, 1415; 1975, 1044; 1977, 1586)
2023 Nevada Revised Statutes › Chapter 286 - Public Employees’ Retirement › NRS 286.450 - Rate of contributions by public employer.

1. The employer contribution rate must be:
(a) The matching contribution rate for employees and employers that is actuarially determined for police officers and firefighters and for regular members, depending upon the retirement fund in which the member is participating.
(b) Except as otherwise provided in subsection 2, adjusted on the first monthly retirement reporting period commencing on or after July 1 of each odd-numbered year based on the actuarially determined contribution rate indicated in the biennial actuarial valuation and report of the immediately preceding year. The adjusted rate must be rounded to the nearest one-quarter of 1 percent.
2. The employer’s portion of the matching contribution rate for employees and employers must not be adjusted in accordance with the provisions of paragraph (b) of subsection 1 if:
(a) The existing rate is lower than the actuarially determined rate but is within one-quarter of 1 percent of the actuarially determined rate.
(b) The existing rate is higher than the actuarially determined rate but is within 1 percent of the actuarially determined rate. If the existing rate is more than 1 percent higher than the actuarially determined rate, the existing rate must be reduced by the amount by which it exceeds 1 percent above the actuarially determined rate.
[15:181:1947; A 1949, 174; 1951, 269; 1953, 129]—(NRS A 1959, 881; 1963, 989; 1967, 743; 1969, 858; 1971, 623; 1973, 1416; 1975, 1045; 1977, 1586; 1981, 451; 1985, 1714; 1987, 373; 1993, 477; 2003, 2060; 2009, 2350)
2023 Nevada Revised Statutes › Chapter 286 - Public Employees’ Retirement › NRS 286.462 - Complaint to Department of Taxation required concerning delinquent report or payment.

If a public employer is delinquent by more than 90 days in submitting a report or paying an amount due pursuant to subsection 3 of NRS 286.460, the System shall submit a written complaint to the Department of Taxation asking it to take such actions as are necessary in accordance with NRS 354.665.
(Added to NRS by 1991, 1970; A 1995, 251, 1897)
2023 Nevada Revised Statutes › Chapter 286 - Public Employees’ Retirement › NRS 286.470 - Credit for service as county commissioner, city council member or mayor: Calculation of average compensation; waiver of service; exception.

1. Except as otherwise required as a result of NRS 286.535 or 286.537, or as otherwise provided in subsection 3, average compensation for service performed as a county commissioner, city council member or mayor must be calculated as follows for those members whose effective date of retirement is after May 19, 1975:
(a) Service retirement allowance for elective service must be computed on the basis of the highest 36 consecutive months of elective service multiplied by the percentage of average compensation earned during such service.
(b) Service retirement allowance for regular service must be computed on the basis of the highest 36 consecutive months of regular service multiplied by the percentage of average compensation earned during such service.
(c) The service retirement allowances for elective service and for regular service are added together to provide the total unmodified service retirement allowance earned by the member.
(d) Average compensation for service before July 1, 1977, is computed from the sum of both salaries when a member is employed simultaneously as a regular member and as a county commissioner, city council member or mayor.
2. A member who has service as a county commissioner, city council member or mayor may, upon retirement, waive such service and have the member’s allowances computed as a regular member.
3. If a member who has service as a county commissioner, city council member or mayor has an average salary for the entire period of elective service that is equal to or greater than the average salary of a member for regular service for the same period, the calculations required pursuant to subsection 1 do not apply and the member must receive credit for regular service.
[8.5:181:1947; added 1955, 295]—(NRS A 1967, 743, 1222; 1971, 547; 1975, 1046; 1977, 1587; 1991, 2362; 1999, 2617)
2023 Nevada Revised Statutes › Chapter 286 - Public Employees’ Retirement › NRS 286.475 - Credit for service as Legislator before July 1, 1967: Calculation of average compensation.

The method of calculating the average compensation of a county commissioner or a council member of an incorporated city prescribed in subsection 1 of NRS 286.470 shall be used in calculating the average compensation of persons serving as Legislators prior to July 1, 1967, where such service has remained accredited under the provisions of this chapter.
(Added to NRS by 1969, 858; A 1977, 1588)
2023 Nevada Revised Statutes › Chapter 286 - Public Employees’ Retirement › NRS 286.477 - Credit for part-time employment; loss of credit.

1. Except as otherwise required as a result of NRS 286.537, an employee may receive full service credit for part-time employment if:
(a) The employee and the employer of the employee enter into an agreement covering the employee’s part-time employment and the agreement is approved by the Board;
(b) The employee will have reached the age and completed the years of service necessary for retirement, without actuarial reduction of the employee’s benefit, at the expiration of the term of the agreement;
(c) The employee works half-time or more, but less than full-time, according to the regular schedule established by the employer for the employee’s position;
(d) The employee and the employer make contributions equal to the lesser of:
(1) The amount which a person serving on a full-time basis in the position would contribute and which the person’s employer would contribute for the person; or
(2) The amount which the employee and employer contributed during the last 12 months of the employee’s full-time employment, adjusted to include increases to offset higher costs of living provided to similarly situated employees of the same public employer;
(e) Employment ends on or before the fifth anniversary of the day on which the agreement became effective; and
(f) The employee agrees in writing to the forfeiture of credit provided in subsection 2.
2. An employee loses all service credit which the employee did not earn by actual work and which has accrued pursuant to this section if the employee:
(a) Returns to full-time employment in the service of any public employer at any time after beginning part-time work under the agreement, except for full-time employment as an elected public officer as a result of appointment to an elective office.
(b) Continues in the employee’s part-time employment beyond the fifth anniversary of the day on which the agreement became effective.
(Added to NRS by 1979, 495; A 1981, 452; 1983, 481; 1991, 2363)
2023 Nevada Revised Statutes › Chapter 286 - Public Employees’ Retirement › NRS 286.479 - Service credit for military service in Persian Gulf Crisis.

1. A member who has 5 years or more of service credit is entitled to receive free service credit for military service for the period beginning on the date proclaimed by the President of the United States as the date on which hostilities began in the Persian Gulf Crisis and ending on the date proclaimed by the President of the United States as the termination of hostilities in the Persian Gulf Crisis if the member:
(a) Began active military duty within 6 months after the last date of employment or leave of absence without pay with a participating public employer; and
(b) Returned to employment with a participating public employer within 1 year after being honorably discharged or released from active duty.
2. A member who meets all of the requirements of subsection 1 except that the member does not have 5 years of service credit is entitled to receive the free credit pursuant to subsection 1 as soon as the member attains 5 years of service credit.
(Added to NRS by 1991, 1860)
2023 Nevada Revised Statutes › Chapter 286 - Public Employees’ Retirement › NRS 286.481 - Service ineligible for credit.

A member shall not be credited with service for:
1. Except as otherwise provided in NRS 286.385, leave of absence without pay;
2. Overtime work;
3. Employment in a position which does not qualify the member for participation in the System;
4. More than 1 day within a day, 1 month within a month, or 1 year of service in any 12-month period; or
5. Any period for which compensation is not received by the member unless specifically otherwise provided in this chapter.
(Added to NRS by 1975, 1047; A 1999, 2618)
2023 Nevada Revised Statutes › Chapter 286 - Public Employees’ Retirement › NRS 286.486 - Service credited in another system ineligible; exception.

Except as specifically otherwise provided in this chapter, a member shall not receive credit in the System for service that entitled such member to credit for retirement purposes in any other retirement system operated by the federal or a state government, or any of their agencies or political subdivisions, including the Social Security Act (Act of Congress approved August 14, 1935, chapter 531, 49 Stat. 620, as amended).
(Added to NRS by 1975, 1047)
2023 Nevada Revised Statutes › Chapter 286 - Public Employees’ Retirement › NRS 286.495 - Computation of credit for service: Generally.

Except as provided in NRS 286.470, 286.475 and 286.501, members shall be credited with service on the basis of days, months or years actually worked by a member, except that:
1. Intermittent service shall be credited to a member on the basis of 1 day of service for each 8 hours worked, and portions of a day shall be prorated.
2. Part-time employees who regularly work at least half-time for a full year with a minimum of 720 hours worked are entitled to a full year of credit for retirement eligibility only, with credit for actual service for determination of benefit being granted on actual time worked.
3. An employee of the Nevada Legislature who works full-time for at least 6 months in a fiscal year during which the Legislature meets in regular session is entitled to a full year of credit for retirement eligibility only, with credit for actual service for determination of benefit being granted on actual time worked.
Service credit under this section shall be computed according to the fiscal year. No member may receive less credit under this section than was provided under the law in force at the time when the credit was earned. Nothing in this section allows a member to receive more than 1 year of credit for retirement eligibility in any year.
(Added to NRS by 1975, 1047; A 1977, 1589; 2003, 2094, 3516)
2023 Nevada Revised Statutes › Chapter 286 - Public Employees’ Retirement › NRS 286.501 - Computation of credit for service: Employees of school districts and professional staff of Nevada System of Higher Education.

Each member who is employed by a school district for less than 12 months per school year and each member of the professional staff of the Nevada System of Higher Education employed for the academic year who is employed for less than 12 months per fiscal year is credited with service as follows:
1. Service is credited on the basis of a full year if the member works full-time for the full school year.
2. Employment for a part of a school year is credited on a ratio of one and one-third days for each day worked, but credit may not be given in advance or until the appropriate period has expired.
3. A full year of service is not credited until the full 12-month period has expired. If the employee begins work under a new contract before the expiration of the 12-month period for the old contract, credit must be granted for the period of overlap, as certified by the school district, at the first period in which there is a lapse in service.
4. Service credit under this section must be computed according to:
(a) The school year for school district employees.
(b) The fiscal year for members of the professional staff of the Nevada System of Higher Education.
5. A member receives full credit while on sabbatical leave if the public employer certifies that the compensation and contributions reported for the member are the same as if the member were employed full-time. If the employer does not so certify, the member receives credit in the proportion that the member’s actual compensation bears to the member’s previous compensation.
No member may receive less credit under this section than was provided under the law in force when the credit was earned.
(Added to NRS by 1975, 1048; A 1977, 1589; 1979, 751; 1985, 1715; 1993, 383; 1999, 2618)
2023 Nevada Revised Statutes › Chapter 286 - Public Employees’ Retirement › NRS 286.505 - Conversion of credit for service; time for crediting service.

1. For the purpose of maintaining the individual accounts of members, the Board may convert service credit from increments of days, months and years to hundredths of a year.
2. A member shall not be credited with service until after the period to be credited to the member has expired.
(Added to NRS by 1975, 1048)
2023 Nevada Revised Statutes › Chapter 286 - Public Employees’ Retirement › NRS 286.525 - Employment of retired employee: Enrollment in System; rights of membership; accrual of credit for service; benefits for survivor.

1. A retired employee who accepts employment in a position eligible for membership may enroll in the System as of the effective date of that employment. Except as otherwise provided in NRS 286.523, as of the date of enrollment:
(a) The retired employee forfeits all retirement allowances for the duration of that employment.
(b) The retired employee is entitled to receive, after the termination of the employment and upon written request, a refund of all contributions made by the retired employee during the employment. Except as otherwise required as a result of NRS 286.535 or 286.537, if the retired employee does not request the refund and the duration of the employment was at least 6 months, the retired employee gains additional service credit for that employment and is entitled to have a separate service retirement allowance calculated based on the retired employee’s compensation and service, effective upon the termination of that employment. If the duration of the employment was:
(1) Less than 5 years, the additional allowance must be added to the retired employee’s original allowance and must be under the same option and designate the same beneficiary as the original allowance.
(2) Five years or more, the additional allowance may be under any option and designate any beneficiary in accordance with NRS 286.545.
2. The original service retirement allowance of such a retired employee must not be recalculated based upon the additional service credit, nor is the retired employee entitled to any of the rights of membership that were not in effect at the time of the retired employee’s original retirement. The accrual of service credit pursuant to this section is subject to the limits imposed by:
(a) NRS 286.551; and
(b) Section 415 of the Internal Revenue Code, 26 U.S.C. § 415, if the member’s effective date of membership is on or after January 1, 1990.
3. Except as otherwise required as a result of NRS 286.470, 286.535 or 286.537, a retired employee who has been receiving a retirement allowance and who is reemployed and is enrolled in the System for at least 5 years may have the retired employee’s additional credit for service added to the retired employee’s previous credit for service. This additional credit for service must not apply to more than one period of employment after the original retirement.
4. The survivor of a deceased member who had previously retired and was rehired and enrolled in the System, who qualifies for benefits pursuant to NRS 286.671 to 286.6793, inclusive, is eligible for the benefits based on the service accrued through the second period of employment.
(Added to NRS by 1979, 944; A 1983, 482; 1985, 1717; 1991, 1971, 2364; 1995, 251; 1997, 215; 1999, 2620; 2003, 2063)
2023 Nevada Revised Statutes › Chapter 286 - Public Employees’ Retirement › NRS 286.533 - Limitation on distributions to members of System.

Notwithstanding any other provision of law, every distribution to a member must be made pursuant to the provisions of section 401(a)(9) of the Internal Revenue Code, 26 U.S.C. § 401(a)(9), that apply to governmental plans.
(Added to NRS by 1991, 2354; A 2011, 823)
2023 Nevada Revised Statutes › Chapter 286 - Public Employees’ Retirement › NRS 286.534 - Actuarial assumptions used in computing benefits: Availability; changes prohibited.

1. The Board shall not change the actuarial assumptions used in computing the benefits provided to a member.
2. The Board shall make available to every member upon request the actuarial assumptions used in computing the benefits provided to a member.
(Added to NRS by 1991, 2355)
2023 Nevada Revised Statutes › Chapter 286 - Public Employees’ Retirement › NRS 286.535 - Limitation on compensation used to determine retirement benefit.

Notwithstanding any other provision of law, the amount of compensation used to determine the retirement benefit of a member of the System must not exceed:
1. For persons who first became members of the System before July 1, 1996, the limitation provided by section 401(a)(17) of the Internal Revenue Code (26 U.S.C. § 401(a)(17)), as that section existed on July 1, 1993.
2. For persons who first became members of the System on or after July 1, 1996, and before July 1, 2015, the limitation provided by section 401(a)(17) of the Internal Revenue Code (26 U.S.C. § 401(a)(17)), as that section existed on July 1, 1996.
3. For persons who first became members of the System on or after July 1, 2015, the lesser of:
(a) The limitation provided by section 401(a)(17) of the Internal Revenue Code (26 U.S.C. § 401(a)(17)), as that section existed on July 1, 2015; or
(b) Two hundred thousand dollars. The limitation set forth in this paragraph must be adjusted by the Board every year by an amount equal to the average percentage increase in the Consumer Price Index (All Items) for the immediately preceding 3-year period.
(Added to NRS by 1991, 2355; A 1995, 252; 2015, 2727)
2023 Nevada Revised Statutes › Chapter 286 - Public Employees’ Retirement › NRS 286.537 - Limitations on benefits and contributions.

1. The election provided by section 415(b)(10)(c) of the Internal Revenue Code (26 U.S.C. § 415(b)(10)(c)) is hereby made.
2. Notwithstanding any other provision of this chapter, the benefits payable to and the contributions made by or for the benefit of an employee whose effective date of membership is on or after January 1, 1990, are limited pursuant to the provisions of sections 415(b), 415(c) and 415(e) of the Internal Revenue Code (26 U.S.C. §§ 415(b), 415(c) and 415(e)). The provisions of section 415(b)(2)(F) of the Internal Revenue Code (26 U.S.C. § 415(b)(2)(F)) do not apply to the benefits of such an employee.
3. Notwithstanding any other provision of law, if an employee whose effective date of membership is on or after January 1, 1990, is a member of the System and a member of the Legislators’ Retirement System, the benefits payable to the employee from both plans are limited pursuant to this section. The employee’s benefits from the plan providing the greater benefit must be reduced if the benefits from both plans exceed the limitations of this section.
(Added to NRS by 1991, 2355; A 1997, 216)
2023 Nevada Revised Statutes › Chapter 286 - Public Employees’ Retirement › NRS 286.538 - Minimum benefits payable to employee who became member of System before January 1, 1990.

The benefits payable to an employee whose effective date of membership is before January 1, 1990, must not be less than the employee’s accrued benefits determined without regard to any amendment of the System made after October 14, 1987.
(Added to NRS by 1991, 2355)
2023 Nevada Revised Statutes › Chapter 286 - Public Employees’ Retirement › NRS 286.539 - Prohibition against applying forfeitures to increase benefits.

Forfeitures must not be applied to increase the benefits any member would otherwise receive pursuant to the provisions governing the System as provided by section 401(a)(8) of the Internal Revenue Code, 26 U.S.C. § 401(a)(8).
(Added to NRS by 1991, 2355; A 2011, 823)
2023 Nevada Revised Statutes › Chapter 286 - Public Employees’ Retirement › NRS 286.541 - Application for service retirement allowance or disability retirement allowance; effective date of retirement; rights of present or former spouse; System exempted from liability for false designation of marital status by member or retired member.

1. Applications for service retirement allowances or disability retirement allowances must be submitted to the offices of the System on forms approved by the Executive Officer. The form shall not be deemed filed unless it contains:
(a) The member’s selection of the retirement plan contained in NRS 286.551 or one of the optional plans provided in NRS 286.590;
(b) A notarized statement of the marital status of the member; and
(c) If the member is married, a statement of the spouse’s consent or objection to the chosen retirement plan, signed by the spouse and notarized.
2. Except as otherwise required by NRS 286.533, retirement becomes effective on whichever of the following days is the later:
(a) The day immediately following the applicant’s last day of employment;
(b) The day the completed application form is filed with the System;
(c) The day immediately following the applicant’s last day of creditable service; or
(d) The effective date of retirement specified on the application form.
3. The selection of a retirement plan by a member and consent or objection to that plan by the spouse pursuant to this section does not affect the responsibility of the member concerning the rights of any present or former spouse.
4. The System is not liable for any damages resulting from the false designation of marital status by a member or retired member.
(Added to NRS by 1975, 1049; A 1979, 259; 1987, 682; 1991, 2365)
2023 Nevada Revised Statutes › Chapter 286 - Public Employees’ Retirement › NRS 286.545 - Consent of spouse to retirement plan of member.

1. If the spouse of the member does not consent to the retirement plan chosen by the member before the date on which the retirement becomes effective pursuant to NRS 286.541 the System shall:
(a) Notify the spouse that the spouse has 90 days to consent or have the member change the member’s selection; and
(b) Pay the retirement at the amount calculated for Option 2 provided in NRS 286.590 until the spouse consents or for 90 days, whichever is less.
2. Upon consent of the spouse or at the end of the 90 days, the retirement benefit must be recalculated and paid under the terms of the option originally selected by the member retroactively to the date on which the retirement became effective.
(Added to NRS by 1987, 680)
2023 Nevada Revised Statutes › Chapter 286 - Public Employees’ Retirement › NRS 286.555 - Refund of portion of contributions to certain persons who became members on or after January 1, 2010.

1. A person who becomes a member of the System on or after January 1, 2010, and whose monthly service retirement allowance is determined using an average compensation amount limited by the provisions of subsection 4 of NRS 286.551 is entitled to a refund from the person’s individual account of the difference between:
(a) The amount of the employee contribution pursuant to NRS 286.410; and
(b) The amount the employee contribution would have been had it been actuarially determined to account for the limits imposed by the provisions of subsection 4 of NRS 286.551.
2. The System shall pay any amount to which a person is entitled pursuant to subsection 1 upon the final determination of the amount of the person’s benefit, but not later than 6 months after the effective date of the person’s retirement.
(Added to NRS by 2009, 2345)
2023 Nevada Revised Statutes › Chapter 286 - Public Employees’ Retirement › NRS 286.571 - Postretirement increases: Calculation of increase for persons who became members on or after January 1, 2010, and before July 1, 2015.

1. Except as otherwise provided in subsection 2, for a person who retires and who has an effective date of membership on or after January 1, 2010, and before July 1, 2015, allowances or benefits must be increased once each year on the first day of the month immediately following the anniversary of the date the person began receiving the allowance or benefit, by the lesser of:
(a) Two percent following the 3rd anniversary of the commencement of benefits, 3 percent following the 6th anniversary of the commencement of benefits, 3.5 percent following the 9th anniversary of the commencement of benefits, 4 percent following the 12th anniversary of the commencement of benefits and each year thereafter; or
(b) The average percentage of increase in the Consumer Price Index (All Items) for the 3 preceding years, unless a different index is substituted by the Board.
2. In any event, the allowance or benefit of a member must be increased by the percentages set forth in paragraph (a) of subsection 1 if the allowance or benefit of a member has not increased at a rate greater than or equal to the average of the Consumer Price Index (All Items), unless a different index is substituted by the Board, for the period between the date of the member’s retirement and the date specified in subsection 1.
3. The Board may use a different index for the calculation made pursuant to paragraph (b) of subsection 1 if:
(a) The substituted index is compiled and published by the United States Department of Labor; and
(b) The Board determines that the substituted index represents a more accurate measurement of the cost of living for retired employees.
4. The base from which the increase provided by this section must be calculated is the allowance or benefit in effect on the day before the increase becomes effective.
(Added to NRS by 2009, 2346; A 2015, 2729)
2023 Nevada Revised Statutes › Chapter 286 - Public Employees’ Retirement › NRS 286.574 - Postretirement increases: Calculation of increase for persons who became members on or after July 1, 2015.

1. For a person who retires and who has an effective date of membership on or after July 1, 2015, allowances or benefits must be increased once each year on the first day of the month immediately following the anniversary date the person began receiving the allowance or benefit:
(a) By 2 percent following the 3rd, 4th and 5th anniversaries of the commencement of benefits.
(b) By 2.5 percent following the 6th, 7th and 8th anniversaries of the commencement of benefits.
(c) By the lesser of 3 percent or the increase, if any, in the Consumer Price Index (All Items) published by the United States Department of Labor for the preceding calendar year following the 9th anniversary of the commencement of benefits and each year thereafter.
2. The base from which the increase provided by this section must be calculated is the allowance or benefit in effect on the day before the increase becomes effective.
(Added to NRS by 2015, 2724)
2023 Nevada Revised Statutes › Chapter 286 - Public Employees’ Retirement › NRS 286.575 - Postretirement increases: Payment; effect on monthly benefit.

1. Except as otherwise required as a result of NRS 286.537, a postretirement allowance must be paid from the Public Employees’ Retirement Fund or the Police and Firefighters’ Retirement Fund to each member receiving a disability allowance or service retirement allowance from that Fund under the provisions of this chapter in the amount and manner provided and from time to time adjusted by law. Each member whose allowance was increased after the member’s retirement by payments for years of service in excess of 20 years is entitled to receive an increase based upon the member’s adjusted allowance.
2. Postretirement allowances must be considered a part of a retired employee’s monthly benefit and included in the allowance paid to a beneficiary under one of the optional plans provided in NRS 286.590.
(Added to NRS by 1963, 995; A 1965, 955; 1971, 626; 1975, 1050; 1977, 1591; 1979, 259; 1991, 2366; 2003, 2064)
2023 Nevada Revised Statutes › Chapter 286 - Public Employees’ Retirement › NRS 286.5756 - Postretirement increases: Persons receiving benefits before September 1, 1983, or for 3 years before increase.

1. Except as otherwise provided in NRS 286.571 and 286.574, a person is entitled to the increase provided in this section if the person began receiving an allowance or benefit:
(a) Before September 1, 1983, and has received the allowance or benefit for at least 6 continuous months in the 12 months preceding the effective date of the increase; or
(b) At least 3 years before the increase.
2. Except as otherwise provided in subsection 3, allowances or benefits increase once each year on the first day of the month immediately following the anniversary of the date the person began receiving the allowance or benefit, by the lesser of:
(a) Two percent following the 3rd anniversary of the commencement of benefits, 3 percent following the 6th anniversary of the commencement of benefits, 3.5 percent following the 9th anniversary of the commencement of benefits, 4 percent following the 12th anniversary of the commencement of benefits and 5 percent following the 14th anniversary of the commencement of benefits; or
(b) The average percentage of increase in the Consumer Price Index (All Items) for the 3 preceding years, unless a different index is substituted by the Board.
3. In any event, the allowance or benefit of a member must be increased by the percentages set forth in paragraph (a) of subsection 2 if the allowance or benefit of a member has not increased at a rate greater than or equal to the average of the Consumer Price Index (All Items), unless a different index is substituted by the Board, for the period between the date of the member’s retirement and the date specified in subsection 2.
4. The Board may use a different index for the calculation made pursuant to paragraph (b) of subsection 2 if:
(a) The substituted index is compiled and published by the United States Department of Labor; and
(b) The Board determines that the substituted index represents a more accurate measurement of the cost of living for retired employees.
5. The base from which the increase provided by this section must be calculated is the allowance or benefit in effect on the day before the increase becomes effective.
(Added to NRS by 1983, 1925; A 1989, 1025; 1991, 1861; 1995, 252; 1997, 351; 2015, 2730)
2023 Nevada Revised Statutes › Chapter 286 - Public Employees’ Retirement › NRS 286.5775 - Postretirement increases: Increases based on years allowance received; beneficiaries of deceased employees; limitations.

1. In addition to the other postretirement allowances and increases provided by law, if adequate money is available which has been designated for this purpose, the Public Employees’ Retirement System shall provide a postretirement increase based upon the total number of calendar years that the recipient has been receiving an allowance. The increases are payable beginning July 1, 1977, and July 1, 1978, as follows:
Total Years
Receiving Allowance Increase of Base Benefit
12 or more..................................................................................... 5.00 percent
11 4.75 percent
10 4.50 percent
9 4.25 percent
8 4.00 percent
7 3.75 percent
6 3.50 percent
5 3.25 percent
4 3.00 percent
3 2.75 percent
2 2.50 percent
1 2.25 percent
2. A person who has been receiving an allowance for at least 6 months but less than 1 year when postretirement increases are paid is entitled to an increase of 2 percent of the person’s base benefit.
3. A beneficiary of a deceased retired employee is entitled to receive postretirement increases provided in this section based on the effective date of retirement for the retired employee and:
(a) The base benefit for the retired employee if the retired employee selected option 2 or 4; or
(b) Fifty percent of the base benefit of the retired employee if the retired employee selected option 3 or 5.
4. The postretirement increases provided in this section are payable only if they do not exceed the percentage increase in the Consumer Price Index (All Items) during the previous calendar year or any limitations required as a result of NRS 286.537. The percentage for postretirement increases provided in this section must be reduced to the percentage increase in the Consumer Price Index (All Items) for the previous calendar year if the increase in the index is less than the percentage provided in this section.
(Added to NRS by 1983, 1927; A 1991, 2366)
2023 Nevada Revised Statutes › Chapter 286 - Public Employees’ Retirement › NRS 286.578 - Postretirement increases: Increases payable July 1, 1979, and July 1, 1980.

1. In addition to other postretirement allowances or benefits provided by law, and subject to the limitation provided in subsection 3, the Public Employees’ Retirement System shall provide a postretirement increase to each eligible person, based upon:
(a) The number of years the person has received a retirement allowance or in the case of a beneficiary of a retired employee, the number of years an allowance or benefits have been received since the retired employee’s effective date of retirement; and
(b) The amount of the person’s cumulative allowance or benefit computed as of the dates on which these increases are payable.
2. The increases provided in subsection 1 are payable on July 1, 1979, and July 1, 1980, as follows:
Number of Years Receiving Increase in Cumulative
Allowance or Benefit Allowance or Benefit
5 years or more................................................................................... 5.0 percent
4 years.................................................................................................. 4.5 percent
3 years.................................................................................................. 4.0 percent
2 years.................................................................................................. 3.5 percent
1 year.................................................................................................... 3.0 percent
3. These percentage increases are payable only if they do not exceed the percentage increase in the "All Items Consumer Price Index" for the preceding calendar year. If the percentage increase in the index for the preceding year is less than any percentage increase described in subsection 2, the latter increase must be reduced to the former.
(Added to NRS by 1983, 1928; A 1985, 267)
2023 Nevada Revised Statutes › Chapter 286 - Public Employees’ Retirement › NRS 286.5785 - Postretirement increases: Increases payable July 1, 1981, and July 1, 1982.

1. On July 1, 1981, and July 1, 1982, the System shall provide a cost-of-living increase to each retired employee or beneficiary. The increase must be based on the number of years the person has been drawing benefits plus the portion of the year, in full calendar months, in which the person began drawing benefits, in the amounts:
Number of years and full calendar
months during which benefits Percentage of
have been received Increase
1 year...................................................................................................................... 3.0
1 year and 1 month through 2 years.................................................................. 3.5
2 years and 1 month through 3 years................................................................ 4.0
3 years and 1 month through 4 years................................................................ 4.5
4 years and 1 month through 5 years................................................................ 5.0
5 years and 1 month through 6 years................................................................ 5.5
6 years and 1 month through 7 years................................................................ 6.0
7 years and 1 month through 8 years................................................................ 6.5
8 years and 1 month through 9 years................................................................ 7.0
9 years and 1 month through 10 years.............................................................. 7.5
10 years and 1 month through 11 years........................................................... 8.0
11 years and 1 month through 12 years........................................................... 8.5
12 years and 1 month through 13 years........................................................... 9.0
13 years and 1 month through 14 years........................................................... 9.5
14 years and 1 month and more...................................................................... 10.0
2. The increase for a retired employee or beneficiary who has been receiving benefits for less than 12 full calendar months on July 1 is 3 percent prorated for the number of full calendar months in which the person has received benefits.
3. In addition to the other postretirement allowances and increases provided by law, the System shall provide a monthly postretirement increase of $100 per month, beginning on July 1, 1981, to surviving spouses who receive benefits pursuant to subsection 2 of NRS 286.674.
4. The increases provided in this section are payable only if and to the extent that they respectively do not exceed the increase in the Consumer Price Index (All Items) for the calendar year preceding their payment.
(Added to NRS by 1983, 1929)
2023 Nevada Revised Statutes › Chapter 286 - Public Employees’ Retirement › NRS 286.579 - Postretirement increases: Increase for persons receiving benefits before January 1, 1977.

1. In addition to the other postretirement allowances and increases provided by law, the System shall provide a monthly postretirement increase to each person who began receiving benefits before January 1, 1977, or to the person’s designated beneficiary upon the person’s death in these amounts:
Base Benefit Monthly Increase
$0—$100...................................................................................................... $20
101— 200......................................................................................................... 15
201— 300......................................................................................................... 10
301— 500........................................................................................................... 5
501 and above.................................................................................................... 3
2. A single postretirement increase pursuant to this section must be prorated among two or more recipients of benefits for survivors on behalf of one deceased member.
(Added to NRS by 1981, 576)
2023 Nevada Revised Statutes › Chapter 286 - Public Employees’ Retirement › NRS 286.592 - Optional plans: Death of beneficiary; change of selection; effective date of termination or adjustment of allowance.

1. If a member enters retirement status under one of the optional plans described in NRS 286.590 and the designated beneficiary predeceases the retired employee, the retired employee’s monthly retirement allowance must be automatically adjusted to the unmodified retirement allowance provided in NRS 286.551.
2. A retired employee may not change the selected option or designated beneficiary after the effective date of retirement except as provided in subsection 4 of this section and subsection 3 of NRS 286.525.
3. A retired employee who selects an unmodified retirement allowance may relinquish the retired employee’s right to that allowance and apply for a refund of the retired employee’s remaining contributions at any time. A retired employee who selects one of the optional plans described in NRS 286.590 may relinquish the retired employee’s right and the right of the beneficiary under that plan and apply for a refund of the retired employee’s remaining contributions at any time. If the designated beneficiary is the spouse of the retired employee, or if the right of the beneficiary is the subject of a court order, the retired employee shall provide an acknowledged release by the beneficiary of any claim against the System or the employee’s contributions when applying for a refund.
4. A retired employee may cancel the retired employee’s selected option and designation of beneficiary and revert to the unmodified retirement allowance. The retired employee shall make this election by written designation, acknowledged and filed with the Board. The written election must be accompanied by a written, notarized acknowledgment of the change by the beneficiary if the beneficiary is the spouse of the retired employee. The election to cancel a selected option and revert to the unmodified allowance does not abrogate any obligation of the retired employee respecting community property.
5. The termination or adjustment of a monthly retirement allowance resulting from the death of a retired employee or beneficiary must not become effective until the first day of the month immediately following the death of the retired employee or beneficiary.
(Added to NRS by 1983, 491; A 1985, 1718; 1987, 682)
2023 Nevada Revised Statutes › Chapter 286 - Public Employees’ Retirement › NRS 286.612 - Charges for deferred protection: Termination; adjustments of allowances or benefits.

1. Charges for deferred protection must not be made on or after July 1, 1995, against the:
(a) Allowance payable to a beneficiary pursuant to NRS 286.600 or 286.610, as those sections existed on June 30, 1995.
(b) Service retirement allowance of a member who selected deferred protection for a beneficiary before July 1, 1975, and who will retire on or after July 1, 1995.
(c) Service retirement allowance of a member who selected deferred protection for a beneficiary before July 1, 1975, and who retired before July 1, 1995.
2. If a charge for deferred protection has been made against the allowance or benefit of a member or beneficiary on or after July 1, 1995, the member or beneficiary must notify the Board. The Board shall adjust the allowance or benefit of the member or beneficiary for any charge made during the period between July 1, 1995, and the date of notification.
3. As used in this section, "deferred protection" means the benefit which a member was permitted to select during employment before July 1, 1975, pursuant to NRS 286.600 and 286.610, as those sections existed on June 30, 1995, to provide an allowance to the member’s beneficiary if the member died while employed and before retirement.
(Added to NRS by 1995, 250)