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2023 Nevada Revised Statutes › Chapter 287 - Programs for Public Employees › NRS 287.0425 - Executive Officer: Reports.

1. The Executive Officer shall submit a report regarding the administration and operation of the Program to the Board and the Director of the Office of Finance, and to the Director of the Legislative Counsel Bureau for transmittal to the appropriate committees of the Legislature or, if the Legislature is not in regular session, to the Legislative Commission and the Interim Retirement and Benefits Committee of the Legislature created by NRS 218E.420. The report must include, without limitation:
(a) An audited financial statement of the Program Fund for the immediately preceding fiscal year. The statement must be prepared by an independent certified public accountant.
(b) An audited financial statement of the Retirees’ Fund for the immediately preceding fiscal year. The statement must be prepared by an independent certified public accountant.
(c) A report of the utilization of the Program by participants during the immediately preceding plan year, segregated by benefit, administrative cost, active employees and retirees, including, without limitation, an assessment of the actuarial accuracy of reserves.
(d) Material provided generally to participants or prospective participants in connection with enrollment in the Program for the current plan year, including, without limitation:
(1) Information regarding rates and the costs for participation in the Program paid by participants on a monthly basis; and
(2) A summary of the changes in the plan design for the current plan year from the plan design for the immediately preceding plan year.
2. The Executive Officer shall submit a biennial report to the Board and the Director of the Office of Finance, and to the Director of the Legislative Counsel Bureau for transmittal to the appropriate committee or committees of the Legislature. The report must include, without limitation:
(a) An independent biennial certified actuarial valuation and report of the State’s health and welfare benefits for current and future state retirees, which are provided for the purpose of developing the annual required contribution pursuant to the statements issued by the Governmental Accounting Standards Board.
(b) A biennial review of the Program to determine whether the Program complies with federal and state laws relating to taxes and employee benefits. The review must be conducted by an attorney who specializes in employee benefits.
(Added to NRS by 2011, 2734)
2023 Nevada Revised Statutes › Chapter 287 - Programs for Public Employees › NRS 287.0426 - Staff.

1. The Executive Officer may, within the limits of legislative appropriations and other available money, appoint such officers and employees as are necessary for the administration of the Program, who are in the unclassified service of the State and serve at the pleasure of the Executive Officer.
2. The Director of the Department of Administration shall appoint a Quality Control Officer for the Program. The Director shall define the duties of the Quality Control Officer with the concurrence of the Board. The Quality Control Officer is in the unclassified service of the State and serves at the pleasure of the Director.
3. Each officer appointed pursuant to subsection 1 or 2 who is placed in charge of quality control, operations, finance or information technology must be a graduate of a 4-year college or university with a degree that is appropriate to their respective responsibilities or possess equivalent experience.
4. The Executive Officer may employ such staff in the classified service of the State as are necessary for the performance of the Executive Officer’s duties, within limits of legislative appropriations or other available money.
(Added to NRS by 1983, 1343; A 1985, 392; 1987, 327; 1991, 661; 1999, 3032; 2005, 593; 2007, 3146; 2009, 1583; 2017, 1599)
2023 Nevada Revised Statutes › Chapter 287 - Programs for Public Employees › NRS 287.0433 - Power to establish plan of life, accident or health insurance; reinsurance; power to use list of preferred prescription drugs developed by Department of Health and Human Services and obtain prescription drugs through certain purchasing agreements.

1. The Board may establish a plan of life, accident or health insurance and provide for the payment of contributions into the Program Fund, a schedule of benefits and the disbursement of benefits from the Program Fund. The Board may reinsure any risk or any part of such a risk.
2. If the Board provides coverage of prescription drugs pursuant to this section, the Board or any entity with which the Board enters into a contract to provide such coverage may use the list of preferred prescription drugs developed by the Department of Health and Human Services pursuant to subsection 1 of NRS 422.4025 as its formulary and obtain prescription drugs through the purchasing agreements negotiated by the Department pursuant to that section by notifying the Department in the form prescribed by the Department.
(Added to NRS by 1983, 1342; A 1985, 268; 1987, 327; 1991, 660; 1999, 3031; 2007, 3147; 2019, 4026)
2023 Nevada Revised Statutes › Chapter 287 - Programs for Public Employees › NRS 287.04335 - Compliance with certain provisions required to provide health insurance through plan of self-insurance. [Effective through June 30, 2024.] Compliance with certain provisions required to provide health insurance through plan of self-insurance. [Effective July 1, 2024.]

If the Board provides health insurance through a plan of self-insurance, it shall comply with the provisions of NRS 686A.135, 687B.352, 687B.409, 687B.692, 687B.723, 687B.725, 687B.805, 689B.0353, 689B.255, 695C.1723, 695G.150, 695G.155, 695G.160, 695G.162, 695G.1635, 695G.164, 695G.1645, 695G.1665, 695G.167, 695G.1675, 695G.170 to 695G.1712, inclusive, 695G.1714 to 695G.174, inclusive, 695G.176, 695G.177, 695G.200 to 695G.230, inclusive, 695G.241 to 695G.310, inclusive, 695G.405 and 695G.415, in the same manner as an insurer that is licensed pursuant to title 57 of NRS is required to comply with those provisions.
(Added to NRS by 2001, 2938; A 2003, 785, 3373, 3536; 2005, 2348; 2007, 3243; 2009, 1480; 2011, 3419; 2013, 2003; 2015, 212, 630, 2131; 2017, 1803, 2211, 3930; 2019, 317, 1009, 2166; 2021, 775, 832, 882, 904, 1170, 2577, 2677, 3204, 3531, 3632; 2023, 863, 1360, 1791, 2051, 2209, 2268, 2365, 3497)
If the Board provides health insurance through a plan of self-insurance, it shall comply with the provisions of NRS 439.581 to 439.597, inclusive, 686A.135, 687B.352, 687B.409, 687B.692, 687B.723, 687B.725, 687B.805, 689B.0353, 689B.255, 695C.1723, 695G.150, 695G.155, 695G.160, 695G.162, 695G.1635, 695G.164, 695G.1645, 695G.1665, 695G.167, 695G.1675, 695G.170 to 695G.1712, inclusive, 695G.1714 to 695G.174, inclusive, 695G.176, 695G.177, 695G.200 to 695G.230, inclusive, 695G.241 to 695G.310, inclusive, 695G.405 and 695G.415, in the same manner as an insurer that is licensed pursuant to title 57 of NRS is required to comply with those provisions.
(Added to NRS by 2001, 2938; A 2003, 785, 3373, 3536; 2005, 2348; 2007, 3243; 2009, 1480; 2011, 3419; 2013, 2003; 2015, 212, 630, 2131; 2017, 1803, 2211, 3930; 2019, 317, 1009, 2166; 2021, 775, 832, 882, 904, 1170, 2577, 2677, 3204, 3531, 3632; 2023, 863, 1360, 1791, 1853, 2051, 2209, 2268, 2365, 3497, effective July 1, 2024)
2023 Nevada Revised Statutes › Chapter 287 - Programs for Public Employees › NRS 287.04345 - Procedure for awarding contracts to vendors.

1. The Program is subject to the provisions of chapter 333 of NRS.
2. The Board shall act as the chief of the using agency for the purposes of NRS 333.335.
3. If a committee to evaluate proposals for a contract for the Program is established pursuant to NRS 333.335, any number of members of the Board may be appointed to the evaluation committee. If one or more members of the Board are appointed to an evaluation committee:
(a) No action or deliberation regarding any business of the Board other than the confidential review of the proposals pursuant to NRS 333.335 may be taken or conducted by the evaluation committee.
(b) Except as otherwise provided in paragraph (a), a meeting of the evaluation committee is not subject to chapter 241 of NRS.
4. The Board shall review the results of any evaluation of proposals for a contract for the Program pursuant to NRS 333.335 in a closed meeting.
5. The Board shall take the following actions only in an open meeting:
(a) Award the contract pursuant to NRS 333.335;
(b) Cancel the request for proposals; or
(c) Modify and reissue the request for proposals.
(Added to NRS by 2011, 901; A 2017, 1600)
2023 Nevada Revised Statutes › Chapter 287 - Programs for Public Employees › NRS 287.0435 - Creation; investment; disbursements; administration by State Treasurer; checking account for payment of claims.

1. Except as otherwise provided in subsection 4 of NRS 287.04362 and subsection 7 of NRS 287.044, all money received for the Program, including, without limitation, money transferred from the Active Employee Group Insurance Subsidy Account established in NRS 287.044, must be deposited in the State Treasury for credit to the Fund for the Public Employees’ Benefits Program which is hereby created as a trust fund. The Program Fund must be accounted for as an internal service fund. Payments into and disbursements from the Program Fund must be so arranged as to keep the Program Fund solvent at all times.
2. The money in the Program Fund must be invested as other money of the State is invested and any income from investments paid into the Program Fund for the benefit of the Program Fund.
3. Disbursements from the Program Fund must be made as any other claims against the State are paid and may only be made for the benefit of the participants in the Program.
4. The State Treasurer may charge a reasonable fee for the State Treasurer’s services in administering the Program Fund, but the State, the State General Fund and the State Treasurer are not liable to the Program Fund for any loss sustained by the Program Fund as a result of any investment made on behalf of the Program Fund or any loss sustained in the operation of the Program.
5. The Board shall deposit any disbursement received from the Program Fund into an interest-bearing checking account in a bank or credit union qualified to receive deposits of public money. Claims that have been submitted to the Program and approved must be paid from the account, and any refund of such a claim must be deposited into the account.
(Added to NRS by 1983, 1342; A 1985, 544; 1991, 660; 1999, 3032; 2001, 953; 2007, 2879, 3147; 2009, 1590; 2011, 278)
2023 Nevada Revised Statutes › Chapter 287 - Programs for Public Employees › NRS 287.0436 - Creation; purpose.

1. The State Retirees’ Health and Welfare Benefits Fund is hereby created as an irrevocable trust fund.
2. The purpose of the Retirees’ Fund is to account for the financial assets designated to offset the portion of the current and future costs of health and welfare benefits paid pursuant to subsection 2 of NRS 287.046.
(Added to NRS by 2007, 3141; A 2009, 1591)
2023 Nevada Revised Statutes › Chapter 287 - Programs for Public Employees › NRS 287.04362 - Limitation on use; investment and administration; sources; interest and income; no reversion of balance to State General Fund.

1. The money in the Retirees’ Fund must not be used or appropriated for any purpose incompatible with the policies of the Program, as expressed in NRS 287.0402 to 287.049, inclusive.
2. The Retirees’ Fund must be invested and administered to ensure the highest return consistent with safety in accordance with accepted investment practices and the laws of this State which may include, without limitation, investment in the Retirement Benefits Investment Fund established pursuant to NRS 355.220.
3. The Board has the exclusive control of the administration and investment of the Retirees’ Fund.
4. The following money must be deposited in the Retirees’ Fund:
(a) All money appropriated by the Legislature to the Retirees’ Fund;
(b) All money provided for the purpose of offsetting the portion of the costs of the health and welfare benefits for current and future state retirees pursuant to NRS 287.046;
(c) All money accruing to the Retirees’ Fund from all other sources; and
(d) Any other money provided to the Program for the payment of other health and welfare benefits for current and future state retirees pursuant to NRS 287.046.
5. The interest and income earned on the money in the Retirees’ Fund, after deducting any applicable charges, must be credited to the Retirees’ Fund.
6. Any money remaining in the Retirees’ Fund at the end of a fiscal year does not revert to the State General Fund, and the balance in the Retirees’ Fund must be carried forward.
(Added to NRS by 2007, 3142)
2023 Nevada Revised Statutes › Chapter 287 - Programs for Public Employees › NRS 287.04364 - Uses; fiduciary duty of Board.

1. The money in the Retirees’ Fund must be expended by the Board for the purpose of:
(a) Offsetting a portion of the costs of the health and welfare benefits for current and future state retirees pursuant to NRS 287.046; and
(b) Paying such other expenses as by law may be paid from the Retirees’ Fund.
2. Money designated for the purposes set forth in subsection 1 must be withdrawn from the Retirees’ Fund and deposited in the Program Fund as necessary.
3. The money in the Retirees’ Fund belongs to the officers, employees and retirees of this State in aggregate and is to be held in trust by the Board. Neither the State nor the governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State, nor any single officer, employee or retiree of any such entity has any right to the money in the Retirees’ Fund.
(Added to NRS by 2007, 3142)
2023 Nevada Revised Statutes › Chapter 287 - Programs for Public Employees › NRS 287.0438 - Records of Program deemed public records; exception.

Except for the files of individual members and former members, the correspondence, files, minutes, audio recordings, transcripts and books of the Program are, except as otherwise provided in NRS 241.035, public records. A copy of the minutes or audio recordings must be made available to a member of the public upon request at no charge pursuant to NRS 241.035.
(Added to NRS by 1987, 326; A 1999, 3033; 2005, 1410; 2013, 328)
2023 Nevada Revised Statutes › Chapter 287 - Programs for Public Employees › NRS 287.04385 - Action by Program to recover delinquent payments, penalties or late fees; statute of limitations.

1. In addition to the procedure set forth in NRS 354.671, if a local governmental agency is delinquent by more than 90 days on an amount due to the Program pursuant to paragraph (b) of subsection 4 of NRS 287.023 or any penalty or late fee authorized to be assessed by the Program on such an amount, the Program may bring an action to recover those amounts in a district court of this State. The action must be brought within 6 years after the date on which the payment, penalty or late fee was delinquent for more than 90 days.
2. In such an action, a certificate issued by the Program documenting the amount of the delinquent payment and any penalty or late fee and the length of their delinquency is prima facie evidence of:
(a) The amount of the delinquent payment, penalty or late fee;
(b) The period of the delinquency; and
(c) Compliance by the Program with all the procedures required by law relating to the computation and determination of the amounts due.
(Added to NRS by 2009, 1581)
2023 Nevada Revised Statutes › Chapter 287 - Programs for Public Employees › NRS 287.0439 - Participating public agency required to furnish certain notice and information to Board and make records available for inspection; reimbursement of Program for premiums or contributions if agency fails to notify Program of change in status of employee.

1. A participating public agency shall furnish to the Board:
(a) Written notice regarding a change in the status of an employee of the participating public agency or a dependent of such an employee that affects the eligibility of the employee or dependent to participate in the Program. Such notice must be provided to the Program, on a form prescribed by the Program, within 15 calendar days after the participating public agency is notified or otherwise becomes aware of the change in status.
(b) Upon request, any other information necessary to carry out the provisions of this chapter.
2. Members of the Board and its employees or agents may examine under oath any officer, agent or employee of a participating public agency concerning the information required pursuant to this section.
3. The books, records and payrolls of a participating public agency must be available for inspection by members of the Board and its employees and agents to obtain any information necessary for the administration of the Program, including, without limitation, the accuracy of the payroll and identity of employees.
4. A participating public agency shall reimburse the Program for any premium or contribution that was not paid to the Program as a result of the failure of the participating public agency to furnish the notice required pursuant to paragraph (a) of subsection 1. The participating public agency shall not require any employee or the employee’s dependent to reimburse the participating public agency for the amount of any premium or contribution for which the participating public agency is liable to the Program pursuant to this subsection.
(Added to NRS by 1987, 326; A 1991, 661; 1999, 3033; 2003, 3268)
2023 Nevada Revised Statutes › Chapter 287 - Programs for Public Employees › NRS 287.044 - Payment of premiums or contributions to Program; coverage of dependents; allocation of money paid to Program; establishment of Active Employee Group Insurance Subsidy Account.

1. Except as otherwise provided in subsection 2, each participating state agency shall pay to the Program an amount specified by law for every state officer or employee who is employed by a participating public agency on a permanent and full-time basis and elects to participate in the Program.
2. A member of the Senate or Assembly who elects to participate in the Program shall pay the entire premium or contribution for the member’s insurance.
3. State officers and employees who elect to participate in the Program must authorize deductions from their compensation for the payment of premiums or contributions for the Program. Any deduction from the compensation of a state officer or employee for the payment of such a premium or contribution must be based on the actual amount of the premium or contribution after deducting any amount allocated by the Board pursuant to subsection 6.
4. If a state officer or employee chooses to cover any dependents, whenever this option is made available by the Board, except as otherwise provided in NRS 287.021 and 287.0477, the state officer or employee must pay the difference between the amount of the premium or contribution for the coverage for the state officer or employee and such dependents and any amount allocated by the Board pursuant to subsection 6.
5. A participating state agency shall not pay any part of those premiums or contributions if the group life insurance or group accident or health insurance is not approved by the Board.
6. The Board may allocate the money paid to the Program pursuant to subsection 1 between the cost of premiums and contributions for group insurance for each state officer or employee, except a member of the Senate or Assembly, and the dependents of each state officer or employee.
7. Any amounts paid to the Program pursuant to subsection 1 must be deposited in the Active Employee Group Insurance Subsidy Account, which is hereby established within the Agency Fund for the Payroll of the State created by NRS 227.130. Money in the Account must be used solely for the purposes of subsections 1 and 6. The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account.
(Added to NRS by 1963, 1320; A 1965, 1026; 1967, 1580; 1969, 466; 1971, 509; 1973, 261; 1975, 1137; 1977, 454; 1979, 208, 933; 1981, 222, 1330; 1983, 1343, 2013; 1985, 845; 1991, 661; 1999, 2610, 3033; 2003, 1613, 3268; 2009, 1591; 2011, 279, 2742)
2023 Nevada Revised Statutes › Chapter 287 - Programs for Public Employees › NRS 287.0445 - Payment of premiums or contributions for state officer or employee injured in course of employment while member of Program.

The participating state agency which employed a state officer or employee who:
1. Was injured in the course of that employment;
2. Receives compensation for a temporary total disability pursuant to NRS 616C.475; and
3. Was a member of the Program at the time of the injury,
shall pay the State’s share of the cost of the premiums or contributions for the Program for that officer or employee for not more than 9 months after the injury or until the officer or employee is able to return to work, whichever is less. If the previous injury recurs within 1 month after the employee returns to work and the employee again receives compensation pursuant to NRS 616C.475 as a result of the previous injury, the participating state agency shall not, except as otherwise provided in this section, pay the State’s share of the cost of the premiums or contributions for the period during which the employee is unable to work as a result of the recurring previous injury. If the initial period of disability was less than 9 months, the participating state agency shall pay, during the recurrence, the State’s share of the costs of the premiums or contributions for a period which, when added to the initial period, equals not more than 9 months.
(Added to NRS by 1983, 668; A 1991, 250; 1999, 3034; 2003, 3269)
2023 Nevada Revised Statutes › Chapter 287 - Programs for Public Employees › NRS 287.0465 - Board subrogated to rights of member; lien upon proceeds of recovery from person liable for illness or injury.

1. If a member incurs an illness or injury for which medical services are payable under the plan for self-insurance established by the Board and the illness or injury is incurred under circumstances creating a legal liability in some person, other than the member, to pay all or part of the cost of those services, the Board is subrogated to the right of the member to the extent of all such costs, and may join or intervene in any action by the member or any successor in interest, to enforce that legal liability.
2. If a member or any successor in interest fails or refuses to commence an action to enforce that legal liability, the Board may commence an independent action, after notice to the member or any successor in interest, to recover all costs to which it is entitled. In any such action by the Board, the member may be joined as a third party defendant.
3. If the Board is subrogated to the rights of the member or any successor in interest as provided in subsection 1, the Board has a lien upon the total proceeds of any recovery from the persons liable, whether the proceeds of the recovery are by way of a judgment or settlement or otherwise. Within 15 days after recovery by receipt of the proceeds of the judgment, settlement or other recovery, the member or any successors in interest shall notify the Board of the recovery and pay the Board the amount due to it pursuant to this section. The member or any successors in interest are not entitled to double recovery for the same injury.
4. The member or any successors in interest shall notify the Board in writing before entering any settlement or agreement or commencing any action to enforce the legal liability referred to in subsection 1.
5. As used in this section, "member" means:
(a) An active or retired officer or employee of the State or a dependent of such an officer or employee who is covered under the Program; and
(b) An active or retired officer or employee of a local governmental agency or a dependent of such an officer or employee who is covered under the Program.
(Added to NRS by 1987, 1399; A 1991, 662; 1999, 3036; 2011, 2744)
2023 Nevada Revised Statutes › Chapter 287 - Programs for Public Employees › NRS 287.0467 - Retention by certain short-term state employees of membership in and dependents’ coverage under Program.

1. A participating state employee whose position is only authorized for 4 to 6 months every other year and who plans to return to the same or a similar position for the next period during which such a position is authorized may retain the employee’s membership in and any dependents’ coverage by the Program after such employment ceases for:
(a) Six full calendar months in addition to the period of extended coverage required by federal law following the termination of employment; or
(b) Twenty-four full calendar months, if no period of extended coverage is required by federal law.
2. An employee who elects to continue the employee’s participation in the program pursuant to subsection 1 shall pay the entire premium or contribution plus allowable administrative fees for the employee’s insurance until the date on which the employee is reemployed.
3. Failure to return to the same or a similar position for any reason, whether the decision was made by the former employee or the State, does not affect the application of this section.
(Added to NRS by 1999, 3024)
2023 Nevada Revised Statutes › Chapter 287 - Programs for Public Employees › NRS 287.047 - Retention by certain retired state officers and employees of membership in and dependents’ coverage under Program.

If the retention is consistent with the terms of any agreement between the State and the insurance company which issued the policies pursuant to the Program or with the plan of self-insurance of the Program:
1. A participating state officer or employee who retires on or after July 1, 1985, may retain the state officer’s or employee’s membership in and any dependents’ coverage by the Program.
2. A participating Legislator who retires from the service of the State or who completes 8 years of service as such may retain the Legislator’s membership in and any dependents’ coverage by the Program.
(Added to NRS by 1963, 1320; A 1965, 1027; 1969, 467; 1979, 1076; 1981, 223; 1983, 1100, 1344; 1985, 41; 1991, 250; 1999, 3037; 2003, 3271)
2023 Nevada Revised Statutes › Chapter 287 - Programs for Public Employees › NRS 287.0477 - Option of surviving spouse or child of police officer, firefighter or volunteer firefighter killed in line of duty to join or continue coverage under Public Employees’ Benefits Program; notification; payment of costs for coverage; duration of eligibility.

1. Except as otherwise provided in subsection 4, the surviving spouse and any surviving child of a police officer or firefighter who was employed by a participating public agency and who was killed in the line of duty may join or continue coverage under the Program or another insurer or employee benefit plan approved by the Board pursuant to NRS 287.0479 if the police officer or firefighter was a participant or would have been eligible to participate on the date of the death of the police officer or firefighter. If the surviving spouse or child elects to join or discontinue coverage under the Program pursuant to this subsection, the spouse, child or legal guardian of the child must notify in writing the participating public agency that employed the police officer or firefighter within 60 days after the date of death of the police officer or firefighter.
2. Except as otherwise provided in subsection 4, the surviving spouse and any surviving child of a volunteer firefighter who was killed in the line of duty and who was officially a member of a volunteer fire department in this State is eligible to join the Program. If such a spouse or child elects to join the Program, the spouse, child or legal guardian of the child must notify in writing the Board within 60 days after the date of death of the volunteer firefighter.
3. The participating public agency that employed the police officer or firefighter shall pay the entire cost of the premiums or contributions for the Program or another insurer or employee benefit plan approved by the Board pursuant to NRS 287.0479 for the surviving spouse or child who meets the requirements set forth in subsection 1. The State of Nevada shall pay the entire cost of the premiums or contributions for the Program for the surviving spouse or child who elects to join the Program pursuant to subsection 2.
4. A surviving spouse is eligible to receive coverage pursuant to this section for the duration of the life of the surviving spouse. A surviving child is eligible to receive coverage pursuant to this section until the child reaches the age at which the child would not otherwise be eligible to receive coverage under the Program.
5. As used in this section "police officer" has the meaning ascribed to it in NRS 617.135.
(Added to NRS by 1999, 2608; A 1999, 3046, 3047; 2003, 1613; 2005, 324; 2011, 2745)
2023 Nevada Revised Statutes › Chapter 287 - Programs for Public Employees › NRS 287.048 - Membership in or assignment of wages or salary in payment of premiums or contributions for Program not compulsory.

NRS 287.0402 to 287.047, inclusive, do not require any officer or employee of the State of Nevada to accept or join the Program, or to assign the officer’s or employee’s wages or salary in payment of premiums or contributions for the Program.
(Added to NRS by 1963, 1320; A 1965, 1027; 1969, 467; 1983, 1344; 1991, 251; 1999, 3038; 2003, 3273)
2023 Nevada Revised Statutes › Chapter 287 - Programs for Public Employees › NRS 287.0487 - Participant in Program may seek assistance from Office for Consumer Health Assistance regarding coverage.

A participant in the Program may seek assistance from the Office for Consumer Health Assistance of the Department of Health and Human Services regarding concerns and problems related to the participant’s coverage with the Program.
(Added to NRS by 2007, 2869)
2023 Nevada Revised Statutes › Chapter 287 - Programs for Public Employees › NRS 287.049 - Costs of premiums or contributions to be budgeted.

The cost of premiums or contributions for the Program as provided in NRS 287.044 must be budgeted for as other expenditures of the State are budgeted for.
(Added to NRS by 1963, 1320; A 1967, 98; 1971, 509; 1983, 1345; 1999, 3038)
2023 Nevada Revised Statutes › Chapter 287 - Programs for Public Employees › NRS 287.050 - Declaration of legislative policy.

In order to extend to employees of the State and its political subdivisions, and to the dependents and survivors of such employees, the basic protection accorded to others by the Old-Age and Survivors Insurance System embodied in the Social Security Act, it is hereby declared to be the policy of the Legislature, subject to the limitations of NRS 287.050 to 287.240, inclusive, that such steps be taken as to provide such protection to employees of the State and its political subdivisions who are not eligible to participate in the Public Employees’ Retirement System (chapter 286 of NRS) on as broad a basis as is permitted under the Social Security Act.
[1:420:1955]—(NRS A 1977, 478)
2023 Nevada Revised Statutes › Chapter 287 - Programs for Public Employees › NRS 287.070 - "Employee tax" defined.

For the purposes of NRS 287.050 to 287.240, inclusive, "employee tax" means the tax imposed by section 1400 of the Internal Revenue Code of 1939 and section 3101 of the Internal Revenue Code of 1954.
[Part 2:420:1955]
2023 Nevada Revised Statutes › Chapter 287 - Programs for Public Employees › NRS 287.080 - "Employment" defined.

1. For the purposes of NRS 287.050 to 287.240, inclusive, "employment" means any service performed by an employee in the employ of the State or any political subdivision thereof for such employer, except:
(a) Service which in the absence of an agreement entered into under NRS 287.050 to 287.240, inclusive, would constitute "employment" as defined in the Social Security Act; or
(b) Service which under the Social Security Act may not be included in an agreement between the State and the Secretary entered into under NRS 287.050 to 287.240, inclusive.
2. Civilian employees of the National Guard units of this state who are employed pursuant to section 90 of the National Defense Act of June 3, 1916 (32 U.S.C., sec. 42), and paid from funds allotted to such units by the Department of Defense, shall for the purposes of NRS 287.050 to 287.240, inclusive, be deemed to be employees of the State and shall be deemed to be a separate coverage group.
3. Individuals employed pursuant to an agreement entered into pursuant to section 205 of the Agricultural Marketing Act of 1946 (7 U.S.C., sec. 1624) or section 14 of the Perishable Agricultural Commodities Act, 1930 (7 U.S.C., sec. 499n), between this state and the United States Department of Agriculture to perform services as inspectors of agricultural products shall be deemed by this state for the purposes of NRS 287.050 to 287.240, inclusive, to be employees of this state and shall be deemed to be a separate coverage group.
[Part 2:420:1955]
2023 Nevada Revised Statutes › Chapter 287 - Programs for Public Employees › NRS 287.090 - "Federal Insurance Contributions Act" defined.

For the purposes of NRS 287.050 to 287.240, inclusive, "Federal Insurance Contributions Act" means subchapter A of chapter 9 of the Internal Revenue Code of 1939 and subchapters A and B of chapter 21 of the Internal Revenue Code of 1954, as such codes have been and may from time to time be amended.
[Part 2:420:1955]
2023 Nevada Revised Statutes › Chapter 287 - Programs for Public Employees › NRS 287.100 - "Political subdivision" defined.

For the purposes of NRS 287.050 to 287.240, inclusive, "political subdivision" includes an instrumentality of a state, of one or more of its political subdivisions, or of this State and one or more of its political subdivisions, but only if such instrumentality is a juristic entity which is legally separate and distinct from the State or subdivision and only if its employees are not by virtue of their relation to such juristic entity employees of the State or subdivision.
[Part 2:420:1955]
2023 Nevada Revised Statutes › Chapter 287 - Programs for Public Employees › NRS 287.110 - "Secretary" defined.

For the purposes of NRS 287.050 to 287.240, inclusive, "Secretary" means the Secretary of Health and Human Services and includes:
1. Any person to whom the Secretary has delegated any of the Secretary’s functions under the Social Security Act with respect to coverage under such act of employees of states and their political subdivisions; and
2. With respect to any action taken prior to April 11, 1953, the Federal Security Administrator and any person to whom the Administrator had delegated any such function.
[Part 2:420:1955]—(NRS A 1983, 130)
2023 Nevada Revised Statutes › Chapter 287 - Programs for Public Employees › NRS 287.120 - "Social Security Act" defined.

For the purposes of NRS 287.050 to 287.240, inclusive, "Social Security Act" means the Act of Congress approved August 14, 1935, chapter 531, 49 Stat. 620, officially cited as the "Social Security Act" (including regulations and requirements issued pursuant thereto), as such Act has been and may from time to time be amended.
[Part 2:420:1955]
2023 Nevada Revised Statutes › Chapter 287 - Programs for Public Employees › NRS 287.130 - "State agency" defined.

For the purposes of NRS 287.050 to 287.240, inclusive, "state agency" means the Employment Security Division of the Department of Employment, Training and Rehabilitation or such other agency as the Governor may appoint to administer NRS 287.050 to 287.240, inclusive.
[Part 2:420:1955]—(NRS A 1993, 1552)
2023 Nevada Revised Statutes › Chapter 287 - Programs for Public Employees › NRS 287.140 - "Wages" defined.

For the purposes of NRS 287.050 to 287.240, inclusive, "wages" means all remuneration for employment as defined in NRS 287.080, including the cash value of all remuneration paid in any medium other than cash, except that the term shall not include that part of such remuneration which, even if it were for "employment" within the meaning of the Federal Insurance Contributions Act, would not constitute "wages" within the meaning of that Act.
[Part 2:420:1955]
2023 Nevada Revised Statutes › Chapter 287 - Programs for Public Employees › NRS 287.160 - Interstate instrumentality: Powers.

1. Any instrumentality jointly created by this state and any other state or states is authorized, upon the granting of like authority by such other state or states:
(a) To enter into an agreement with the Secretary whereby the benefits of the Federal Old-Age and Survivors Insurance System shall be extended to employees of such instrumentality.
(b) To require its employees to pay (and for that purpose to deduct from their wages) contributions equal to the amounts which they would be required to pay under subsection 1 of NRS 287.170 if they were covered by an agreement made pursuant to NRS 287.150.
(c) To make payments to the Secretary of the Treasury in accordance with such agreement, including payments from its own funds, and otherwise to comply with such agreements.
2. Such agreement shall, to the extent practicable, be consistent with the terms and provisions of NRS 287.150 and other provisions of NRS 287.050 to 287.240, inclusive.
[Part 3:420:1955]
2023 Nevada Revised Statutes › Chapter 287 - Programs for Public Employees › NRS 287.170 - Contributions by state employees.

1. Every employee of the State whose services are covered by an agreement entered into under NRS 287.150 shall be required to pay for the period of such coverage, into the Social Security Revolving Fund established by NRS 287.200, contributions, with respect to wages (as defined in NRS 287.140), equal to the amount of the employee tax which would be imposed by the Federal Insurance Contributions Act if such services constituted employment within the meaning of that Act. Such liability shall arise in consideration of the employee’s retention in the service of the State, or the employee’s entry upon such service, after March 29, 1955.
2. The contribution imposed by this section shall be collected by deducting the amount of the contribution from wages as and when paid, but failure to make such deduction shall not relieve the employee from liability for such contribution.
3. If more or less than the correct amount of the contribution imposed by this section is paid or deducted with respect to any remuneration, proper adjustments, or refund if adjustment is impracticable, shall be made, without interest, in such manner and at such times as the state agency shall prescribe.
[4:420:1955]
2023 Nevada Revised Statutes › Chapter 287 - Programs for Public Employees › NRS 287.190 - Exclusion of service of employee eligible for participation in Public Employees’ Retirement System; exception.

1. Except as provided in subsection 2, service of employees of the State of Nevada or of any political subdivision thereof who are eligible to participate in the Retirement System established pursuant to chapter 286 of NRS is specifically excluded from NRS 287.050 to 287.240, inclusive.
2. Any certified public school teacher receiving a service retirement allowance under the provisions of chapter 286 of NRS may, upon subsequent employment in the position of substitute teacher in any school district in the State, file a written request with the school district for coverage under the Social Security Act, pursuant to the provisions of NRS 287.050 to 287.240, inclusive.
[6:420:1955]—(NRS A 1971, 18; 1977, 480)
2023 Nevada Revised Statutes › Chapter 287 - Programs for Public Employees › NRS 287.210 - Social Security Administration Fund: Creation; sources; disbursements.

1. There is hereby established a special fund to be known as the Social Security Administration Fund. The Fund consists of and there must be deposited in the Fund:
(a) All payments made by participating coverage groups for assessments established by regulations adopted pursuant to NRS 287.050 to 287.240, inclusive, to provide for the costs incurred by the state agency in administering NRS 287.050 to 287.240, inclusive.
(b) All money appropriated thereto under NRS 287.050 to 287.240, inclusive.
(c) All remaining money collected for administration expense pursuant to chapter 103, Statutes of Nevada 1953, and regulations relating thereto.
2. The Social Security Administration Fund must not be commingled with other state funds but must be maintained in a separate account on the books of the depository. Withdrawals from the Fund are authorized and may be used for:
(a) The payment of administrative costs of NRS 287.050 to 287.240, inclusive;
(b) The payment of advances to the administrative fund of the state agency covering estimated administrative costs of NRS 287.050 to 287.240, inclusive;
(c) Refunds of assessments paid by participating coverage groups which are not otherwise adjustable; and
(d) Reimbursement of advances made by the Employment Security Division of the Department of Employment, Training and Rehabilitation for costs of administration of chapter 103, Statutes of Nevada 1953.
[8:420:1955]—(NRS A 1993, 1553)
2023 Nevada Revised Statutes › Chapter 287 - Programs for Public Employees › NRS 287.220 - Regulations of state agency.

The state agency shall adopt such regulations, not inconsistent with the provisions of NRS 287.050 to 287.240, inclusive, as it finds necessary or appropriate to the efficient administration of the functions with which it is charged under NRS 287.050 to 287.240, inclusive.
[9:420:1955]
2023 Nevada Revised Statutes › Chapter 287 - Programs for Public Employees › NRS 287.230 - Studies of state agency.

The state agency shall make studies concerning the problem of Old-Age and Survivors Insurance protection for employees of the State and local governments and their instrumentalities and concerning the operation of agreements made and plans approved under NRS 287.050 to 287.240, inclusive.
[10:420:1955]—(NRS A 2015, 2768)
2023 Nevada Revised Statutes › Chapter 287 - Programs for Public Employees › NRS 287.240 - Repeal of chapter 103, Statutes of Nevada 1953; liabilities, obligations and agreements to continue.

Chapter 103, Statutes of Nevada 1953, is repealed, but all liabilities and obligations created by chapter 103, Statutes of Nevada 1953, or by any agreements entered into under the authority thereof, shall continue in full force and effect as if chapter 103, Statutes of Nevada 1953, had not been repealed.
[12:420:1955]
2023 Nevada Revised Statutes › Chapter 287 - Programs for Public Employees › NRS 287.245 - Employer may agree with employee to reduce taxable compensation; federal requirements prerequisite for operation of program; powers of Board of the Public Employees’ Benefits Program.

1. The State may agree with any of its employees, and the Board of Regents of the University of Nevada may agree with any of its employees, to reduce the amount of taxable compensation due to an employee in accordance with a program established pursuant to 26 U.S.C. § 125 by the Board of the Public Employees’ Benefits Program.
2. Political subdivisions of this State may agree with any of their employees to reduce the amount of taxable compensation due to an employee in accordance with a program established pursuant to 26 U.S.C. § 125.
3. The employer shall deduct an amount from the taxable compensation of an employee pursuant to the agreement between the employer and the employee.
4. An employer shall not make any reduction in the taxable compensation of an employee pursuant to this section until the program established meets the requirements of 26 U.S.C. § 125 for eligibility.
5. The Board of the Public Employees’ Benefits Program may establish and administer a program pursuant to 26 U.S.C. § 125. The Board may:
(a) Create an appropriate fund for administration of money and other assets resulting from the money deducted pursuant to the program.
(b) Delegate to one or more state agencies or institutions of the Nevada System of Higher Education the responsibility for administering the program for their respective employees, including, without limitation:
(1) Collection of money deducted;
(2) Transmittal of money collected to depositories within the State designated by the Board; and
(3) Payment for eligible uses.
(c) Contract with a natural person, corporation, institution or other entity, directly or through a state agency or institution of the Nevada System of Higher Education, for services necessary to the administration of the plan, including, without limitation:
(1) Consolidated billing;
(2) The keeping of records for each participating employee and the program;
(3) The control and safeguarding of assets;
(4) Programs for communication with employees; and
(5) The administration and coordination of the program.
6. Each employee who participates in a program established by the Board of the Public Employees’ Benefits Program pursuant to this section shall pay a proportionate share of the cost to administer the program as determined by the Board.
7. The provisions of this section do not supersede, make inoperative or reduce the benefits provided by the Public Employees’ Retirement System or by any other retirement, pension or benefit program established by law.
(Added to NRS by 1989, 937; A 1991, 663; 1993, 385, 2509; 1999, 3038)
2023 Nevada Revised Statutes › Chapter 287 - Programs for Public Employees › NRS 287.250 - Definitions.

As used in NRS 287.250 to 287.370, inclusive, unless the context otherwise requires, the words and terms defined in NRS 287.260 to 287.310, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1977, 893; A 1995, 1868; 1999, 33; 2017, 1601)
2023 Nevada Revised Statutes › Chapter 287 - Programs for Public Employees › NRS 287.270 - "Deferred compensation" defined.

"Deferred compensation" means income which a state employee or employee of the Nevada System of Higher Education may legally set aside under the Program, which may consist of one or more plans authorized by 26 U.S.C. § 401(a), 401(k), 403(b), 457 or 3121, including, without limitation, a FICA alternative plan, or any other plan authorized by any federal law to reduce taxable compensation or other forms of compensation, and which income, while invested under the Program, is exempt from federal income taxes on the employee’s contributions and interest, dividends and capital gains.
(Added to NRS by 1977, 894; A 1979, 797; 1985, 1122; 1987, 1823; 1993, 386; 2001, 1004; 2003, 1408)