reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2004.08 - Nebraska Public Safety Communication System Cash Fund; created; use; investment.

81-2004.08.
Nebraska Public Safety Communication System Cash Fund; created; use; investment.
The Nebraska Public Safety Communication System Cash Fund is created. The fund shall be established within the Nebraska State Patrol and administered by the Superintendent of Law Enforcement and Public Safety. The fund shall consist of all revenue credited pursuant to law, including any fund transfers authorized by the Legislature. The fund shall only be used to pay the patrol's direct costs related to administering, operating, and maintaining the Nebraska Public Safety Communication System, except that any unobligated money in the fund may first be used to reduce the patrol's General Fund costs to operate the Nebraska Public Safety Communication System, and if additional unobligated money in the fund exists, the Legislature may transfer money from the fund to the State Fire Marshal and the Game and Parks Commission to reduce the General Fund costs to operate the Nebraska Public Safety Communication System. For fiscal year 2013-14, transfers may be made from the fund to the Nebraska Capital Construction Fund at the direction of the Legislature to support capital projects related to Nebraska State Patrol law enforcement efforts. Any money in the Nebraska Public Safety Communication System Cash Fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
Source
Laws 2007, LB322, § 4;
Laws 2013, LB199, § 33.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2004.09 - Combined Law Enforcement Information Network Cash Fund; created; use; investment.

81-2004.09.
Combined Law Enforcement Information Network Cash Fund; created; use; investment.
There is hereby created the Combined Law Enforcement Information Network Cash Fund. The fund shall be maintained by the Nebraska State Patrol and administered by the Superintendent of Law Enforcement and Public Safety. The fund shall consist of fees collected by the Nebraska State Patrol from users of the network and shall be used to pay the costs of operating, maintaining, and enhancing the network. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
Source
Laws 2017, LB331, § 13.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2004.10 - Treasury Agency Forfeitures Cash Fund; created; use; investment.

81-2004.10.
Treasury Agency Forfeitures Cash Fund; created; use; investment.
There is hereby created the Treasury Agency Forfeitures Cash Fund. All forfeitures and proceeds received by the Nebraska State Patrol under the federal equitable sharing provisions distributed by federal Treasury agencies as of July 1, 2017, shall be deposited in the fund. This section shall not apply to funds otherwise subject to sections 28-431 and 28-1439.02. The fund shall be used only in accordance with the applicable requirements of the federal government. The fund shall be administered by the Superintendent of Law Enforcement and Public Safety. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
Source
Laws 2017, LB331, § 14.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2006 - State patrol; patrolling highways; cooperation; duties; extension to freeways.

81-2006.
State patrol; patrolling highways; cooperation; duties; extension to freeways.
The Superintendent of Law Enforcement and Public Safety through his or her subordinate officers or employees in the Nebraska State Patrol shall properly patrol the highways of this state and cooperate with sheriffs, police officers, or other peace officers in enforcing the laws regulating the registration, operation, and use of vehicles upon the highway, including the specific enforcement of maximum speed limits. Performance of all duties, powers, and exercise of jurisdiction of the Nebraska State Patrol shall extend to all freeways as defined in section 60-621 or any part thereof which is located within the jurisdictional limits of local authority. Officers and employees of the patrol shall cooperate with sheriffs, police officers, or any other local peace officers, and such officers will share concurrent jurisdiction with the patrol concerning any such freeway within local limits.
Source
Laws 1937, c. 141, § 8, p. 509;
Laws 1941, c. 176, § 10, p. 693;
C.S.Supp.,1941, § 60-423;
R.S.1943, § 60-437;
Laws 1961, c. 184, § 36, p. 567;
R.S.1943, (1978), § 60-437;
Laws 1993, LB 370, § 491;
Laws 1996, LB 901, § 12.
Annotations
This section does not furnish a foundation for an order by an officer to a person not under arrest to follow the officer. State v. Embrey, 188 Neb. 649, 198 N.W.2d 322 (1972).
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2007 - Uniform; badge.

81-2007.
Uniform; badge.
The subordinate officers of the Nebraska State Patrol, when on duty, shall be dressed in distinctive uniform and display a badge of office, except that the superintendent may authorize not more than thirty-five percent of such officers to be on duty without wearing a distinct uniform. The superintendent shall issue to each member of the Nebraska State Patrol a serially numbered badge of office with the seal of this state in the center thereof, the words Nebraska State Patrol encircling the seal, and containing the designation of the position held by the subordinate officer.
Source
Laws 1937, c. 141, § 9, p. 509;
Laws 1941, c. 176, § 11, p. 693;
C.S.Supp.,1941, § 60-424;
R.S.1943, § 60-438;
R.S.1943, (1978), § 60-438;
Laws 1986, LB 851, § 16.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2008 - Rules, orders of state patrol; failure to obey; penalty.

81-2008.
Rules, orders of state patrol; failure to obey; penalty.
Any person who fails or refuses to obey any lawful traffic direction or any lawful order of the superintendent or any of the subordinate officers or employees of the Nebraska State Patrol or who resists lawful arrest by the superintendent or any of his subordinate officers or employees, shall be deemed guilty of a Class III misdemeanor.
Source
Laws 1937, c. 141, § 7, p. 509;
Laws 1941, c. 176, § 9, p. 692;
C.S.Supp.,1941, § 60-422;
R.S.1943, § 60-436;
Laws 1977, LB 39, § 83;
R.S.1943, (1978), § 60-436.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2009 - State patrol; officers, members; actions against; duty of Attorney General to defend; limitation; agency legal counsel; powers and duties.

81-2009.
State patrol; officers, members; actions against; duty of Attorney General to defend; limitation; agency legal counsel; powers and duties.
(1) The Attorney General, or a member of his or her staff, shall defend all civil actions instituted against the Superintendent of Law Enforcement and Public Safety or any subordinate officer or employee of the Nebraska State Patrol arising from employment by the patrol.
(2) In any instance in which the actions or omissions of an officer or employee of the patrol are the subject of an inquiry by a grand jury or prosecutor, the officer or employee of the patrol shall be defended by the Attorney General or a member of his or her staff or, in the event of a conflict of interest for the Attorney General, a private practice attorney chosen by the officer or employee of the patrol. Reasonable attorney's fees and costs shall be paid pursuant to section 81-8,239.02.
(3) The superintendent shall provide not less than three agency legal counsels stationed with the Nebraska State Patrol to assist county attorneys in the preparation of cases involving drug abuse and to advise the patrol on all legal matters. Agency counsel shall not represent individual officers or employees of the patrol whose actions or omissions are the subject of inquiry by a grand jury or prosecutor. Agency counsel may advise officers or employees of the patrol who are serving as investigators for a grand jury or a prosecutor.
Source
Laws 1937, c. 141, § 10, p. 510;
Laws 1941, c. 176, § 12, p. 693;
C.S.Supp.,1941, § 60-425;
R.S.1943, § 60-439;
Laws 1973, LB 14, § 1;
Laws 1977, LB 294, § 1;
R.S.1943, (1978), § 60-439;
Laws 2022, LB1184, § 1.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2010 - Criminalistics laboratory; establish; services included; accreditation.

81-2010.
Criminalistics laboratory; establish; services included; accreditation.
A criminalistics laboratory is hereby established within the Nebraska State Patrol, under the direction of the Superintendent of Law Enforcement and Public Safety. The laboratory shall perform services necessary for the recognition and proper preservation, identification, and scientific analysis of evidence materials pertaining to the investigation of crimes. By October 1, 2003, the laboratory shall have met the requirements for accreditation by the American Society of Crime Laboratory Directors-LAB-Laboratory Accreditation Board or the National Forensic Science Technology Center and have applied for accreditation.
Source
Laws 1971, LB 477, § 1;
R.S.1943, (1978), § 60-434.01;
Laws 2001, LB 432, § 12.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2010.01 - Child abuse and neglect; legislative findings.

81-2010.01.
Child abuse and neglect; legislative findings.
The Legislature finds that child abuse and neglect are community problems requiring immediate and appropriate response by law enforcement and other agencies. It is the intent of the Legislature to ensure that all persons responsible for responding to such reports are provided with adequate resources with which to investigate such reports, including appropriate training and access to information sources, particularly in rural areas of the state.
Source
Laws 1996, LB 842, § 1.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2010.02 - Child abuse and neglect; investigator; qualifications; duties.

81-2010.02.
Child abuse and neglect; investigator; qualifications; duties.
The Nebraska State Patrol shall provide immediate responses to inquiries from local law enforcement in rural areas of the state regarding proper investigatory procedures related to child abuse and neglect. All calls shall be referred to an investigator of the Nebraska State Patrol who has completed training and is knowledgeable in:
(1) Screening child abuse and neglect calls;
(2) Interviewing alleged child abuse and neglect victims at the appropriate developmental level necessary;
(3) Family dynamics, including the ability to assess and handle child abuse and neglect and child sexual abuse cases;
(4) Understanding the medical evidence and other physical evidence in child abuse and neglect and child sexual abuse cases and how to gather such evidence;
(5) How to prepare evidence for prosecution; and
(6) Evaluating the potential for false allegations.
The investigator shall maintain and make available to local law enforcement a list of psychiatrists, psychologists, mental health practitioners, or other qualified professionals in the particular area where the incident occurred.
Source
Laws 1996, LB 842, § 2.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2011 - George Amos, Jr.; sympathy; financial assistance.

81-2011.
George Amos, Jr.; sympathy; financial assistance.
The Legislature, while recognizing that nothing it might do can compensate them for their loss, nevertheless wishes to extend its sympathy and financial assistance to the family of slain Trooper George Amos, Jr., such family consisting of Mrs. Dolores Ann Amos, widow, and Michael B. Amos and James M. Amos, sons.
Source
Laws 1973, LB 585, § 1;
R.S.1943, (1978), § 60-440.01.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2012 - George Amos, Jr.; appropriation; amount; payees.

81-2012.
George Amos, Jr.; appropriation; amount; payees.
There is hereby appropriated out of funds in the General Fund not otherwise appropriated the sum of fifteen thousand dollars to provide financial assistance to the family of Trooper George Amos, Jr. Upon May 21, 1973, the Director of Administrative Services shall draw his warrant upon the General Fund in the amount of seven thousand dollars in favor of Dolores Ann Amos and forward such warrant to her.
Source
Laws 1973, LB 585, § 2;
R.S.1943, (1978), § 60-440.02.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2013 - Michael B. Amos Educational Trust Fund; James M. Amos Educational Trust Fund; created; purposes; investment.

81-2013.
Michael B. Amos Educational Trust Fund; James M. Amos Educational Trust Fund; created; purposes; investment.
The State Treasurer shall, on May 21, 1973, establish in the state treasury two trust funds in the amount of four thousand dollars each, one to be known as the Michael B. Amos Educational Trust Fund and the other to be known as the James M. Amos Educational Trust Fund. Each such fund shall be expended solely for the purpose of providing financial assistance to the named beneficiary thereof in obtaining post-high school education. Disbursements from each of such funds shall be made upon application of the named beneficiary thereof and upon a showing that he is pursuing a course of post-high school education and may continue so long as he is pursuing such course and money remains in the fund. Any unexpended balance in either fund shall lapse to the General Fund upon (1) completion of the course of study or (2) discontinuance of such course prior to completion for a consecutive period of two years but any time spent on active duty in the armed forces of the United States shall not count as part of such two-year period. The entire amount in the Michael B. Amos Educational Trust Fund shall lapse to the General Fund on July 21, 1990, if the named beneficiary has not started a course of post-high school education prior to such date. The entire amount in the James M. Amos Educational Trust Fund shall lapse to the General Fund on October 7, 1993, if the named beneficiary has not started a course of post-high school education prior to such date. All money in each such fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act for the benefit of the fund.
Source
Laws 1973, LB 585, § 3;
R.S.1943, (1978), § 60-440.03;
Laws 1995, LB 7, § 135.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2013.01 - Missing Native American women and children; Nebraska State Patrol; duties; report.

81-2013.01.
Missing Native American women and children; Nebraska State Patrol; duties; report.
The Nebraska State Patrol shall conduct a study to determine how to increase state criminal justice protective and investigative resources for reporting and identifying missing Native American women and children in Nebraska. The Nebraska State Patrol shall work with the Commission on Indian Affairs to convene meetings with tribal and local law enforcement partners, federally recognized tribes, and urban Indian organizations to determine the scope of the problem, identify barriers, and find ways to create partnerships to increase reporting and investigation of missing Native American women and children. Consultation and collaboration with federally recognized tribes shall be conducted with respect for government-to-government relations. The Nebraska State Patrol shall work with the United States Department of Justice to increase information sharing and resource coordination to focus on reporting and investigating missing Native American women and children in Nebraska. The Nebraska State Patrol shall submit a report electronically to the Executive Board of the Legislative Council by June 1, 2020, on the results of such study. Such report shall include data and analysis of the number of missing Native American women and children in Nebraska, identification of barriers in providing state resources to address the issue, and recommendations, including any proposed legislation, to improve the reporting and identification of missing Native American women and children in Nebraska.
Source
Laws 2019, LB154, § 1.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2014.01 - Act, how cited.

81-2014.01.
Act, how cited.
Sections 81-2014 to 81-2041 shall be known and may be cited as the Nebraska State Patrol Retirement Act.
Source
Laws 1996, LB 847, § 33;
Laws 1997, LB 624, § 28;
Laws 1998, LB 532, § 9;
Laws 1998, LB 1191, § 64;
Laws 2001, LB 408, § 20;
Laws 2002, LB 407, § 48;
Laws 2007, LB324, § 2;
Laws 2011, LB509, § 40;
Laws 2016, LB467, § 2.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2015 - Nebraska State Patrol Retirement System; creation.

81-2015.
Nebraska State Patrol Retirement System; creation.
A retirement system is hereby created and established to be known as the Nebraska State Patrol Retirement System. It is the legislative intent and purpose of sections 81-2014 to 81-2036 to provide certain retirement and other benefits for officers of the Nebraska State Patrol in the amounts and under the terms and conditions set forth in such sections. It is further the legislative intent and purpose of such sections that when and if the Social Security Act, or any amendment thereto, or any similar or related federal act shall be enacted or amended so as to permit the inclusion of such officers of the Nebraska State Patrol, the State of Nebraska may at its election through appropriate legislative action adjust the benefits provided in such sections and the contributions called for so that the fund provided for by such sections or any amendments thereto may become merged with or integrated with the federal social security system.
Source
Laws 1947, c. 211, § 2, p. 687;
Laws 1967, c. 391, § 2, p. 1215;
Laws 1969, c. 511, § 2, p. 2093;
R.S.1943, (1978), § 60-442;
Laws 1991, LB 549, § 48;
Laws 1994, LB 833, § 35.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2016 - Retirement system; membership; requirements; new employee; participation in another governmental plan; how treated; separate employment; effect.

81-2016.
Retirement system; membership; requirements; new employee; participation in another governmental plan; how treated; separate employment; effect.
(1) Every member of the Nebraska State Patrol who was employed by the State of Nebraska as such, on September 7, 1947, and every person employed as a member of such patrol thereafter, shall be a member of the system, except for those members of the Nebraska State Patrol who elected pursuant to section 60-1304 to remain members of the State Employees Retirement System of the State of Nebraska. On and after July 1, 2010, no employee shall be authorized to participate in the retirement system provided for in the Nebraska State Patrol Retirement Act unless the employee (a) is a United States citizen or (b) is a qualified alien under the federal Immigration and Nationality Act, 8 U.S.C. 1101 et seq., as such act existed on January 1, 2009, and is lawfully present in the United States.
(2) Within the first one hundred eighty days of employment, a member may apply to the board for eligibility and vesting credit for years of participation in another Nebraska governmental plan, as defined by section 414(d) of the Internal Revenue Code. During the years of participation in the other Nebraska governmental plan, the employee must have been a full-time employee, as defined in the Nebraska governmental plan in which the credit was earned.
(3) Any officer who qualifies for membership pursuant to subsection (1) of this section may not be disqualified from membership in the retirement system solely because such officer also maintains separate employment which qualifies the officer for membership in another public retirement system, nor may membership in this retirement system disqualify such an officer from membership in another public retirement system solely by reason of separate employment which qualifies such officer for membership in this retirement system.
(4) Information necessary to determine membership shall be provided by the Nebraska State Patrol.
(5) The board may adopt and promulgate rules and regulations governing the assessment and granting of eligibility and vesting credit.
Source
Laws 1947, c. 211, § 3, p. 687;
R.S.1943, (1978), § 60-443;
Laws 1995, LB 501, § 8;
Laws 1996, LB 1076, § 33;
Laws 1997, LB 624, § 29;
Laws 1998, LB 1191, § 65;
Laws 2000, LB 1192, § 20;
Laws 2002, LB 407, § 49;
Laws 2002, LB 470, § 8;
Laws 2010, LB950, § 19;
Laws 2013, LB263, § 31.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2018 - State Patrol Retirement Fund; State Patrol Retirement Act Expense Fund; created; use.

81-2018.
State Patrol Retirement Fund; State Patrol Retirement Act Expense Fund; created; use.
(1) Except as provided in subsection (2) of this section, all money received by the Nebraska State Patrol Retirement System shall be remitted to the State Treasurer for credit to the State Patrol Retirement Fund which is hereby created. Out of the fund shall be paid the benefits and annuities as provided in the Nebraska State Patrol Retirement Act.
(2) The State Patrol Retirement Act Expense Fund is created. The fund shall be credited with money from the retirement system assets and income sufficient to pay the pro rata share of administrative expenses incurred as directed by the board for the proper administration of the Nebraska State Patrol Retirement Act and necessary in connection with the administration and operation of the retirement system.
Source
Laws 1947, c. 211, § 5, p. 688;
Laws 1959, c. 286, § 7, p. 1086;
Laws 1967, c. 391, § 3, p. 1216;
Laws 1969, c. 511, § 4, p. 2094;
R.S.1943, (1978), § 60-445;
Laws 1991, LB 549, § 50;
Laws 1994, LB 833, § 37;
Laws 2001, LB 408, § 22;
Laws 2005, LB 364, § 16.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2019 - Retirement system; administration; Public Employees Retirement Board; duties; rules and regulations.

81-2019.
Retirement system; administration; Public Employees Retirement Board; duties; rules and regulations.
The general administration of the Nebraska State Patrol Retirement System, except the investment of funds, is hereby vested in the board. The board may adopt and promulgate rules and regulations as may be necessary to carry out the Nebraska State Patrol Retirement Act. The board shall employ a director and such assistants and employees as may be necessary to efficiently discharge the duties imposed by the act.
Source
Laws 1947, c. 211, § 6, p. 688;
Laws 1967, c. 391, § 4, p. 1216;
Laws 1967, c. 486, § 39, p. 1529;
Laws 1971, LB 987, § 11;
R.S.1943, (1978), § 60-446;
Laws 1991, LB 549, § 51;
Laws 1994, LB 833, § 38;
Laws 1995, LB 369, § 7;
Laws 1996, LB 847, § 35;
Laws 2018, LB1005, § 36.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2019.01 - Board; power to adjust contributions and benefits; overpayment of benefits; investigatory powers; subpoenas.

81-2019.01.
Board; power to adjust contributions and benefits; overpayment of benefits; investigatory powers; subpoenas.
(1)(a) If the board determines that the retirement system has previously received contributions or distributed benefits which for any reason are not in accordance with the statutory provisions of sections 81-2014 to 81-2036, the board shall refund contributions, require additional contributions, adjust benefits, or require repayment of benefits paid. In the event of an overpayment of a benefit, the board may, in addition to other remedies, offset future benefit payments by the amount of the prior overpayment, together with regular interest thereon. In the event of an underpayment of a benefit, the board shall immediately make payment equal to the deficit amount plus regular interest.
(b) The board shall have the power, through the director of the Nebraska Public Employees Retirement Systems or the director's designee, to make a thorough investigation of any overpayment of a benefit, when in the judgment of the retirement system such investigation is necessary, including, but not limited to, circumstances in which benefit payments are made after the death of a member or beneficiary and the retirement system is not made aware of such member's or beneficiary's death. In connection with any such investigation, the board, through the director or the director's designee, shall have the power to compel the attendance of witnesses and the production of books, papers, records, and documents, whether in hardcopy, electronic form, or otherwise, and issue subpoenas for such purposes. Such subpoenas shall be served in the same manner and have the same effect as subpoenas from district courts.
(2) The board may adopt and promulgate rules and regulations implementing this section, which shall include, but not be limited to, the following: (a) The procedures for refunding contributions, adjusting future contributions or benefit payments, and requiring additional contributions or repayment of benefits; (b) the process for a member, member's beneficiary, employee, or employer to dispute an adjustment of contributions or benefits; and (c) notice provided to all affected persons. All notices shall be sent prior to an adjustment and shall describe the process for disputing an adjustment of contributions or benefits.
Source
Laws 1996, LB 1076, § 35;
Laws 2015, LB40, § 12;
Laws 2018, LB1005, § 37.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2020 - State Treasurer; duties; warrants.

81-2020.
State Treasurer; duties; warrants.
The State Treasurer shall be the custodian of the funds and securities of the retirement system and may deposit the funds and securities in any financial institution approved by the Nebraska Investment Council. The State Treasurer shall transmit monthly to the board a detailed statement showing all credits to and disbursements from the State Patrol Retirement Fund. The State Treasurer shall disburse money from such fund only on warrants issued by the Director of Administrative Services upon vouchers signed by a person authorized by the retirement board.
Source
Laws 1947, c. 211, § 7, p. 689;
Laws 1971, LB 987, § 12;
R.S.1943, (1978), § 60-447;
Laws 1991, LB 549, § 52;
Laws 1997, LB 623, § 34.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2021 - Retirement system; director; records; employer education program.

81-2021.
Retirement system; director; records; employer education program.
(1) The director in charge of the system shall keep a record of all acts and proceedings taken by the board. He or she shall keep a complete record of all members with respect to name, current address, age, contributions, length of service, compensation, and any other facts as may be necessary in the administration of the Nebraska State Patrol Retirement Act. The board shall prescribe the form in which such information shall be reported by the Nebraska State Patrol to the board. The information in the records shall be provided by the Nebraska State Patrol in an accurate and verifiable form, as specified by the director. The director shall, from time to time, carry out testing procedures pursuant to section 84-1512 to verify the accuracy of such information. For the purpose of obtaining such facts and information, the director shall have access to the records of the various state departments and agencies and the holder of the records shall comply with a request by the director for access by providing such facts and information to the director in a timely manner. A certified copy of a birth certificate or delayed birth certificate shall be prima facie evidence of the age of the person named in the certificate.
(2) The director shall develop and implement an employer education program using principles generally accepted by public employee retirement systems so that all employers have the knowledge and information necessary to prepare and file reports as the board requires.
Source
Laws 1947, c. 211, § 8, p. 689;
Laws 1971, LB 987, § 13;
R.S.1943, (1978), § 60-448;
Laws 1991, LB 549, § 53;
Laws 1994, LB 833, § 39;
Laws 2000, LB 1192, § 21;
Laws 2005, LB 503, § 13.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2022 - Retirement system; funds; investment; charges; report.

81-2022.
Retirement system; funds; investment; charges; report.
Any funds of the Nebraska State Patrol Retirement System available for investment shall be invested by the Nebraska Investment Council pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act. Payment for investment services by the council shall be charged directly against the gross investment returns of the funds. Charges so incurred shall not be a part of the board's annual budget request. The amounts of payment for such services, as of December 31 of each year, shall be reported not later than March 31 of the following year to the council, the board, and the Nebraska Retirement Systems Committee of the Legislature. The report submitted to the committee shall be submitted electronically.
The state investment officer shall sell any securities upon request from the director so as to provide money for the payment of benefits or annuities.
Source
Laws 1947, c. 211, § 9, p. 689;
Laws 1967, c. 486, § 40, p. 1530;
Laws 1969, c. 584, § 59, p. 2382;
R.S.1943, (1978), § 60-449;
Laws 1986, LB 311, § 24;
Laws 1991, LB 549, § 54;
Laws 1994, LB 1066, § 128;
Laws 2012, LB782, § 211.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2023 - Auditor of Public Accounts; annual audit; report to Clerk of the Legislature.

81-2023.
Auditor of Public Accounts; annual audit; report to Clerk of the Legislature.
It shall be the duty of the Auditor of Public Accounts to make an annual audit of the retirement system and submit electronically an annual report to the Clerk of the Legislature of its condition. Each member of the Legislature shall receive an electronic copy of such report by making a request for it to the Auditor of Public Accounts.
Source
Laws 1947, c. 211, § 10, p. 689;
Laws 1971, LB 987, § 14;
Laws 1979, LB 322, § 24;
R.S.Supp.,1980, § 60-450;
Laws 2012, LB782, § 212.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2024 - Retirement system; powers.

81-2024.
Retirement system; powers.
The system may sue or be sued in the name of the system, and in all actions brought by or against it, the system shall be represented by the Attorney General.
Source
Laws 1947, c. 211, § 11, p. 690;
R.S.1943, (1978), § 60-451;
Laws 1996, LB 847, § 36.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2027 - Retirement benefit; adjusted by increase in cost of living.

81-2027.
Retirement benefit; adjusted by increase in cost of living.
Each retired officer of the Nebraska State Patrol, or surviving beneficiary who is receiving a retirement benefit as of December 31, 1977, shall have such retirement benefits adjusted by the increase in the cost of living, as determined by the difference between the Consumer Price Index for Urban Wage Earners and Clerical Workers from the date his or her retirement benefit commenced and January 1, 1978.
Source
Laws 1977, LB 347, § 2;
Laws 1979, LB 80, § 108;
R.S.Supp.,1980, § 60-452.02.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2027.09 - Officer who became member on or after July 1, 2016; annual benefit adjustment.

81-2027.09.
Officer who became member on or after July 1, 2016; annual benefit adjustment.
On July 1 of each year, for officers who became members on or after July 1, 2016:
(1) The board shall determine the number of retired members or beneficiaries of members in the retirement system who became members on or after July 1, 2016, and an annual benefit adjustment shall be made by the board for each such retired member or beneficiary. The benefit paid to a retired member or beneficiary under this section shall be increased annually by the lesser of (a) the percentage change in the Consumer Price Index for Urban Wage Earners and Clerical Workers for the period between June 30 of the prior year to June 30 of the present year or (b) one percent. If the consumer price index used in this section is discontinued or replaced, a substitute index published by the United States Department of Labor shall be selected by the board which shall be a reasonable representative measurement of the cost-of-living for retired employees;
(2) Each retired member or beneficiary shall receive the sum of the annual benefit adjustment and such retired member's or beneficiary's total monthly benefit less withholding, which sum shall be the retired member's or beneficiary's adjusted total monthly benefit. Each such retired member or beneficiary shall receive the adjusted total monthly benefit until the expiration of the annuity option selected by the member or until the retired member or beneficiary again qualifies for the annual benefit adjustment, whichever occurs first; and
(3) The annual benefit adjustment pursuant to this section shall not cause a current benefit to be reduced, and a retired member or beneficiary shall never receive less than the adjusted total monthly benefit until the annuity option selected by the member expires.
Source
Laws 2016, LB467, § 6.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2027.10 - Officer who became member on or after July 1, 2016; lump-sum cost-of-living payment.

81-2027.10.
Officer who became member on or after July 1, 2016; lump-sum cost-of-living payment.
(1) Beginning July 1, 2016, for officers who became members on or after July 1, 2016, if the annual valuation made by the actuary, as approved by the board, indicates that the retirement system is fully funded and has sufficient actuarial surplus to provide for a supplemental, lump-sum cost-of-living payment, the board may, in its discretion, elect to pay up to a maximum one and one-half percent supplemental, lump-sum cost-of-living payment to each retired member or beneficiary based on the retired member's or beneficiary's total monthly benefit through June 30 of the year for which the supplemental, lump-sum cost-of-living payment is being calculated. The supplemental, lump-sum cost-of-living payment shall be paid within sixty days after the board's decision. In no event shall the board declare a supplemental, lump-sum cost-of-living payment if such adjustment would cause the plan to be less than fully funded.
(2) For purposes of this section, fully funded means the unfunded actuarial accrued liability, based on the lesser of the actuarial value and the market value, under the entry age actuarial cost method, is less than zero on the most recent actuarial valuation date.
(3) Any decision or determination by the board to declare or not declare a cost-of-living payment or as to whether the annual valuation indicates a sufficient actuarial surplus to provide for a cost-of-living payment shall be made in the sole, absolute, and final discretion of the board and shall not be subject to challenge by any member or beneficiary. In no event shall the Legislature be constrained or limited in amending the system notwithstanding the effect of any such change upon the actuarial surplus of the system and the ability of the board to declare future cost-of-living payments.
Source
Laws 2016, LB467, § 7.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2028 - Retirement; disability; exceptions.

81-2028.
Retirement; disability; exceptions.
No officer shall receive any disability benefit payments when there remains to his or her credit unused annual leave or sick leave or under any other circumstances if during the period of disability there has been no impairment of his or her compensation.
Source
Laws 1947, c. 211, § 13(2), p. 691;
R.S.1943, (1978), § 60-455;
Laws 1991, LB 549, § 56.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2029 - Retirement; disability; proof.

81-2029.
Retirement; disability; proof.
No disability benefit payments shall be made except upon adequate proof furnished to the system of the existence of such disability, and during the time when any such benefits are being paid, the system shall have the right, at reasonable times, to require the disabled officer to submit proof of the continuance of the disability claimed. Disability is defined to be the complete inability of the officer, for reasons of accident or sickness, to perform the duties of an officer.
Source
Laws 1947, c. 211, § 13(3), p. 691;
Laws 1969, c. 511, § 9, p. 2097;
Laws 1974, LB 1004, § 2;
R.S.1943, (1978), § 60-456;
Laws 1991, LB 549, § 57.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2030 - Retirement; disability; medical examinations; expense.

81-2030.
Retirement; disability; medical examinations; expense.
The board shall have the right to demand a physical examination of the member by a disinterested physician legally authorized to practice medicine under the laws of the state in which he or she practices, chosen by the system and at the expense of the system.
Source
Laws 1947, c. 211, § 13(4), p. 691;
R.S.1943, (1978), § 60-457;
Laws 1997, LB 623, § 39.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2031 - Termination of employment; return of contributions, when; rejoining system; deferred annuity.

81-2031.
Termination of employment; return of contributions, when; rejoining system; deferred annuity.
(1) Upon termination of employment prior to becoming eligible to retire, as provided in section 81-2025, and for reasons other than death or disability, an officer shall be entitled to receive all payments which have been made by compensation deductions into the State Patrol Retirement Fund plus regular interest. The return of such contributions and interest to such officer shall preclude such officer from any benefits under the Nebraska State Patrol Retirement Act unless and until such officer is reemployed in such capacity and repays such withdrawals pursuant to section 81-2031.06. If the officer chooses not to repay such withdrawals with interest, the officer shall enter the system as a new member with no prior rights.
(2) In lieu of the benefit described in subsection (1) of this section, the officer may elect to receive a deferred annuity to commence as early as age fifty. If this election is made, the contributions made to the system by the officer may not be withdrawn from the system. The deferred annuity shall be computed as a percentage of the retirement annuity, as computed in subsection (1) of section 81-2026. The percentage shall be:
(a) Zero percent for the first five years of (i) creditable service plus (ii) eligibility and vesting credit;
(b) Twenty percent for each completed year for the next five years of (i) creditable service plus (ii) eligibility and vesting credit; and
(c) One hundred percent after ten completed years of (i) creditable service plus (ii) eligibility and vesting credit.
In the event of the death of any officer during the deferred period, the accumulated value of the officer's contributions at the date of termination plus regular interest to the date of his or her death shall be paid to such officer's beneficiary.
Source
Laws 1947, c. 211, § 14, p. 692;
Laws 1959, c. 297, § 1, p. 1106;
Laws 1969, c. 511, § 10, p. 2097;
Laws 1974, LB 905, § 6;
Laws 1974, LB 1004, § 3;
Laws 1975, LB 55, § 1;
Laws 1975, LB 235, § 4;
R.S.1943, (1978), § 60-458;
Laws 1986, LB 311, § 27;
Laws 1989, LB 506, § 17;
Laws 1991, LB 549, § 58;
Laws 1994, LB 833, § 44;
Laws 1994, LB 1306, § 7;
Laws 1996, LB 1076, § 34;
Laws 1997, LB 624, § 32;
Laws 1999, LB 703, § 19;
Laws 2001, LB 408, § 23.
Annotations
The election to receive either a refund of contributions plus accrued interest or a monthly annuity is made by "the officer." Klimek v. Klimek, 18 Neb. App. 82, 775 N.W.2d 444 (2009).
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2031.01 - Retirement system; reemployment; election to repay system; amount; status; exception.

81-2031.01.
Retirement system; reemployment; election to repay system; amount; status; exception.
From January 1, 1991, to June 30, 1991, any person who withdrew his or her accumulated contributions pursuant to subsection (1) of section 81-2031 prior to January 1, 1991, and has again become an employee of the Nebraska State Patrol may elect to repay the retirement system for any number of years of service which he or she accumulated prior to withdrawing his or her accumulated contributions. The amount to be repaid shall not exceed the amount of the withdrawal for the years of service for which the repayment is being made plus the interest which would have accrued on that amount under the retirement system. Any person who repays such amount shall be restored to the same status for the years of service for which repayment is made as he or she had prior to the withdrawal of the accumulated contributions. This section shall not apply to employees of the Nebraska State Patrol retiring prior to January 1, 1991.
Source
Laws 1990, LB 1105, § 1.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2031.02 - Retirement system; current employee; participation in another governmental plan; how treated.

81-2031.02.
Retirement system; current employee; participation in another governmental plan; how treated.
For one year after September 9, 1995, any member employed on or before September 9, 1995, may apply to the board for eligibility and vesting credit for years of participation in another Nebraska governmental plan, as defined by section 414(d) of the Internal Revenue Code. Such credit shall be used toward the vesting percentage pursuant to subsection (2) of section 81-2031 but shall not be included as years of service in the benefit calculation.
Source
Laws 1995, LB 501, § 9.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2031.04 - Retirement system; accept payments and rollovers; limitations; board; powers.

81-2031.04.
Retirement system; accept payments and rollovers; limitations; board; powers.
(1) The retirement system may accept cash rollover contributions from a member who is making payment pursuant to section 81-2031 if the contributions do not exceed the amount of payment required for the service credits purchased by the member pursuant to such section and the contributions represent (a) all or any portion of the balance of the member's interest in a qualified plan under section 401(a) of the Internal Revenue Code or (b) the interest of the member from an individual retirement account or an individual retirement annuity, the entire amount of which is attributable to a qualified total distribution, as defined in the Internal Revenue Code, from a qualified plan under section 401(a) of the code and qualified as a tax-free rollover amount. The member's interest under subdivision (a) or (b) of this subsection must be transferred to the retirement system within sixty days from the date of the distribution from the qualified plan, individual retirement account, or individual retirement annuity.
(2) Cash transferred to the retirement system as a rollover contribution shall be deposited as other payments for service credits.
(3) Under the same conditions as provided in subsection (1) of this section, the retirement system may accept eligible rollover distributions from (a) an annuity contract described in section 403(b) of the Internal Revenue Code, (b) a plan described in section 457(b) of the code which is maintained by a state, a political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state, or (c) the portion of a distribution from an individual retirement account or annuity described in section 408(a) or 408(b) of the code that is eligible to be rolled over and would otherwise be includable in gross income. Amounts accepted pursuant to this subsection shall be deposited as all other payments under this section.
(4) The retirement system may accept direct rollover distributions made from a qualified plan pursuant to section 401(a)(31) of the Internal Revenue Code. The direct rollover distribution shall be deposited as all other payments under this section.
(5) The board may adopt and promulgate rules and regulations defining procedures for acceptance of rollovers which are consistent with sections 401(a)(31) and 402 of the Internal Revenue Code.
Source
Laws 1996, LB 847, § 40;
Laws 2002, LB 407, § 52;
Laws 2018, LB1005, § 40.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2031.05 - Retired officer; reemployment; how treated.

81-2031.05.
Retired officer; reemployment; how treated.
A retired officer of the Nebraska State Patrol who becomes a member of the Nebraska State Patrol shall continue receiving retirement benefits and shall be treated for all purposes of the Nebraska State Patrol Retirement Act as a new member of the system.
Source
Laws 1997, LB 624, § 33.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2031.06 - Termination of employment prior to eligibility to retire; rejoining system; effect.

81-2031.06.
Termination of employment prior to eligibility to retire; rejoining system; effect.
An officer who terminates employment prior to becoming eligible to retire and again serves as an officer in the Nebraska State Patrol may elect to repay part or all of the amount he or she had withdrawn as a refund pursuant to section 81-2031 plus the interest that would have accrued on such amount. Payment shall commence prior to termination of employment, shall not be extended more than five years after the date the officer elects to repay his or her refund, and shall be completed prior to termination of employment. Prior service and rights shall be restored in proportion to the amounts repaid, and the prior service and rights of the officer shall be fully restored only if he or she repays all accumulated withdrawals plus interest which would have accrued on that amount.
Source
Laws 2001, LB 408, § 24.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-2031.07 - Retirement system; accept transfers; limitations; how treated.

81-2031.07.
Retirement system; accept transfers; limitations; how treated.
The retirement system may accept as payment for withdrawn amounts made pursuant to the Nebraska State Patrol Retirement Act a direct trustee-to-trustee transfer from (1) an eligible tax-sheltered annuity plan as described in section 403(b) of the Internal Revenue Code or (2) an eligible deferred compensation plan as described in section 457(b) of the code on behalf of a member who is making payments for such amounts. The amount transferred shall not exceed the amount withdrawn and such transferred amount shall qualify as a purchase of permissive service credit by the member as defined in section 415 of the code.
Source
Laws 2002, LB 407, § 53.