reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-1012 - Police officer; temporary disability; workers' compensation benefits; how treated.

16-1012.
Police officer; temporary disability; workers' compensation benefits; how treated.
No police officer shall be entitled during any period of temporary disability to receive in full both his or her salary and his or her benefits under the Nebraska Workers' Compensation Act. All Nebraska workers' compensation benefits shall be payable in full to such police officer as provided in the Nebraska Workers' Compensation Act, but all amounts paid by the city or its insurer under the Nebraska Workers' Compensation Act to any disabled police officer entitled to receive a salary during such disability shall be considered as payments on account of such salary and shall be credited thereon. The remaining balance of such salary, if any, shall be payable as otherwise provided in the Police Officers Retirement Act.
Source
Laws 1983, LB 237, § 12;
Laws 1985, LB 3, § 1;
Laws 1986, LB 811, § 5;
Laws 2012, LB1082, § 10.
Cross References
Nebraska Workers' Compensation Act, see section 48-1,110.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-1014 - Retirement committee; established; city council; responsibilities.

16-1014.
Retirement committee; established; city council; responsibilities.
A retirement committee shall be established to supervise the general operation of the retirement system established pursuant to the Police Officers Retirement Act. The city council shall continue to be responsible for the general administration of such retirement system unless specific functions or all functions with regard to the administration of the retirement system are delegated, by ordinance, to the retirement committee. Whenever duties or powers are vested in the city or the retirement committee under the act or whenever the act fails to specifically allocate the duties or powers of administration of the retirement system, such powers or duties shall be vested in the city unless such powers or duties have been delegated by ordinance to the retirement committee. The city and the retirement committee shall have all powers which are necessary for or appropriate to establishing, maintaining, managing, and administering the retirement system.
Source
Laws 1983, LB 237, § 14;
Laws 1992, LB 672, § 17;
Laws 2012, LB1082, § 12;
Laws 2016, LB704, § 206.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-1015 - Retirement committee; members; terms; vacancy.

16-1015.
Retirement committee; members; terms; vacancy.
Each retirement committee established pursuant to section 16-1014 shall consist of members from both the police force and designees of the city council. The committee shall consist of six members of which four members shall be selected by the officers from the police force of the city. Two members shall be designated by the city council. The members who are not participants in such retirement system shall have a general knowledge of retirement plans. Members of the governing body of such city may serve on the retirement committee. The committee members shall be appointed to four-year terms. Vacancies shall be filled for the remainder of the term by a person with the same representation as his or her predecessor. Members of the retirement committee shall receive no salary and shall not be compensated for expenses.
Source
Laws 1983, LB 237, § 15.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-1016 - Retirement system funds; contracts for investments.

16-1016.
Retirement system funds; contracts for investments.
The funds of the retirement system shall be invested under the general direction of the retirement committee. The city or the retirement committee if delegated such function by the city shall select and contract with a funding agent or agents to hold or invest the assets of the retirement system and to provide for the benefits provided by the Police Officers Retirement Act. The city or committee may select and contract with investment managers registered under the federal Investment Advisers Act of 1940 to invest, reinvest, and otherwise manage such portion of the assets of the retirement system as may be assigned by the city or committee. All funds of the retirement system shall be invested pursuant to the policies established by the Nebraska Investment Council.
Source
Laws 1983, LB 237, § 16;
Laws 1991, LB 2, § 2;
Laws 1992, LB 672, § 18;
Laws 2012, LB1082, § 13.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-1018 - Termination of employment; transfer of benefits; when.

16-1018.
Termination of employment; transfer of benefits; when.
If a police officer terminates his or her employment for the purpose of becoming a police officer employed by another city of the first class in Nebraska and such new employment commences within one hundred twenty days of such termination, such police officer shall be entitled to transfer to the Police Officers Retirement System Fund of the city by which he or she is newly employed, the full amount of his or her employee account and the vested portion of the value of his or her employer account at the time of termination. The transferred funds shall be directly transferred to the police officer's employee account in the retirement system of the city to which transferred and administered by the retirement committee of the city to which transferred. Upon such transfer, the city and the retirement system shall have no further obligation to such police officer or his or her beneficiary. Following the commencement of new employment, the transferring police officer shall be deemed a new employee for all purposes of the retirement system of the city to which he or she transferred.
Source
Laws 1983, LB 237, § 18;
Laws 1992, LB 672, § 19.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-1020 - Applicability of sections.

16-1020.
Applicability of sections.
Except as provided in section 16-1039, sections 16-1020 to 16-1038 shall apply to all firefighters of a city of the first class.
Source
Laws 1983, LB 531, § 1.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-1022 - Firefighter; prior service; how treated.

16-1022.
Firefighter; prior service; how treated.
A firefighter shall be credited with all years of his or her service after August 7, 1965, for the purpose of determining vested retirement benefits under sections 16-1020 to 16-1038.
Source
Laws 1983, LB 531, § 3.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-1023 - Firefighters Retirement System Fund; city maintain; transfer of contributions; funding of system.

16-1023.
Firefighters Retirement System Fund; city maintain; transfer of contributions; funding of system.
(1) Commencing on January 1, 1984, each city of the first class having a paid fire department shall keep and maintain a Firefighters Retirement System Fund for the purpose of investing payroll deductions and city contributions to the retirement system. The fund shall be maintained separate and apart from all city money and funds. The fund shall be administered exclusively for the purposes of the retirement system and for the benefit of participating firefighters and their beneficiaries and so as to establish the fund as a trust under the law of this state for all purposes of section 401(a) of the Internal Revenue Code. Upon the passage of sections 16-1020 to 16-1038 all of the contributions made by a firefighter under section 35-203.01 as it formerly existed and interest accrued at five percent per annum on such contributions prior to January 1, 1984, shall be transferred to the firefighter's employee account. Regular interest shall begin to accrue on the contributions transferred into the fund. Such funds shall be invested in the manner prescribed in section 16-1036.
(2) The city shall establish a medium for funding the retirement system which, with the approval of the retirement committee, may be a pension trust fund, custodial account, group annuity contract, or combination thereof, for the purpose of investing money for the retirement system in the manner prescribed by section 16-1036 and to provide the retirement, death, and disability benefits for firefighters granted by sections 16-1020 to 16-1042. The trustee or custodian of any trust fund shall be a designated funding agent which is qualified to act as a fiduciary or custodian in this state, the city treasurer, an appropriate city officer authorized to administer funds of the city, or a combination thereof.
Source
Laws 1983, LB 531, § 4;
Laws 1993, LB 724, § 2;
Laws 1995, LB 574, § 22.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-1024 - Contribution by firefighter; amount; interest; city; pick up firefighters' contributions; voluntary contribution.

16-1024.
Contribution by firefighter; amount; interest; city; pick up firefighters' contributions; voluntary contribution.
(1) Each firefighter participating in the retirement system shall contribute to the retirement system a sum equal to six and one-half percent of his or her salary. Such payment shall be made by regular payroll deductions from his or her periodic salary and shall be credited to his or her employee account on a monthly basis. Each such account shall also be credited with regular interest.
(2) Each city of the first class with firefighters participating in a retirement system shall pick up the firefighters' contributions required by subsection (1) of this section for all compensation paid on or after January 1, 1984, and the contributions so picked up shall be treated as employer contributions in determining federal income tax treatment under the Internal Revenue Code, except that the city shall continue to withhold federal income taxes based upon such contributions until the Internal Revenue Service or the federal courts rule that, pursuant to section 414(h) of the Internal Revenue Code, such contributions shall not be included as gross income of the employee until such time as they are distributed from the retirement system. The city shall pay the employee contributions from the same source of funds which is used in paying compensation to the employee. The city shall pick up the employee contributions by a salary deduction either through a reduction in the cash salary of the employee or a combination of a reduction in salary and offset against a future salary increase. In no event shall a firefighter be given an option to choose to receive the amount of the required contribution in lieu of having such contribution paid directly to the retirement system.
(3) Each firefighter participating in the retirement system shall be entitled to make voluntary cash contributions to the retirement system in an amount not to exceed the contribution limitations established by the Internal Revenue Code. Voluntary contributions shall be credited to the employee account and shall thereafter be credited with regular interest. A voluntary contribution shall become a part of the Firefighters Retirement System Fund and shall be held, administered, invested, and distributed in the same manner as any other employee contribution to the retirement system.
Source
Laws 1983, LB 531, § 5;
Laws 1993, LB 724, § 3;
Laws 1995, LB 574, § 23.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-1025 - Contributions by city; amount; how credited; interest.

16-1025.
Contributions by city; amount; how credited; interest.
(1) Beginning January 1, 1984, each city of the first class with firefighters participating in a retirement system shall contribute to the retirement system a sum equal to thirteen percent of each such participating firefighter's periodic salary. Such payment shall be credited to his or her employer account on a monthly basis. Each such account shall also be credited with regular interest. The city shall also contribute to the employer account of any firefighter employed by the city on January 1, 1984, an amount equal to the employee's contributions, without interest, that were made to the city prior to January 1, 1984, with such contribution to be made at the time the firefighter retires or terminates employment with the city. The city may contribute such amount before the firefighter's retirement or termination of employment or credit interest on such contribution.
(2) Each such city shall contribute any additional amounts necessary to fund retirement or other retirement plan benefits not provided by employee contributions or city contributions to the employer account required by subsection (1) of this section. Such additional contributions shall be accumulated in an unallocated employer account of the Firefighters Retirement System Fund and used to provide the benefits, if any, specified in sections 16-1027 and 16-1029 to 16-1031 which are not otherwise funded by the firefighter's retirement value. Funds needed to provide for a firefighter's benefits shall be transferred from the unallocated employer account when and as such funds are needed. All funds committed by the city to the funding of a firefighter pension system on January 1, 1984, that are not transferred to the firefighters employee accounts shall be transferred to the unallocated employer account.
Source
Laws 1983, LB 531, § 6;
Laws 1993, LB 724, § 4.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-1028 - Retirement options; retirement date.

16-1028.
Retirement options; retirement date.
(1) A firefighter of a city of the first class may:
(a) Retire or be retired and receive the applicable retirement pension benefit upon the attainment of age fifty-five while employed by the city as a firefighter;
(b) Elect to retire after he or she has attained the age of fifty and has completed at least twenty-one years of service with the city and receive the actuarial equivalent of the pension benefit he or she would otherwise receive upon the attainment of age fifty-five;
(c) After twenty-one years of service with the city, terminate employment with the city and, upon the attainment of age fifty-five, receive the applicable retirement pension benefit; or
(d) Retire or be retired as a result of disability while in the line of duty, as determined under section 16-1031, at any age and receive the applicable pension benefit provided in such section.
(2) A firefighter who is eligible to retire pursuant to subdivision (1)(a) of this section but does not shall continue to contribute to his or her employee account and the city shall continue to contribute to its employer account.
(3) For purposes of subdivisions (1)(a), (b), and (d) of this section, the first of the month immediately following the last day of work shall be the retirement date. For purposes of subdivision (1)(c) of this section, the first of the month immediately following the attainment of age fifty-five shall be the retirement date.
Source
Laws 1983, LB 531, § 9;
Laws 1993, LB 724, § 6;
Laws 1994, LB 1068, § 2.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-1030 - Firefighter; death in the line of duty; retirement benefits.

16-1030.
Firefighter; death in the line of duty; retirement benefits.
When prior to commencement of retirement benefits any firefighter participating in the retirement system dies in the line of duty or in case death is caused by or is the result of injuries received while in the line of duty and such firefighter is not survived by a spouse or minor children, the entire retirement value shall be payable to the beneficiary or beneficiaries specified by the deceased firefighter prior to his or her death or to the deceased firefighter's estate in the event that no beneficiary was specified. The retirement value or portion thereof may be paid in the form of a single lump-sum payment, a straight life annuity, or any other optional form of benefit specified in the retirement system's funding medium. For a firefighter who is survived by a spouse or minor children, a retirement pension of fifty percent of regular pay shall be paid to the surviving spouse or, upon his or her remarriage or death, to the minor child or children during such child's or children's minority subject to deduction of the amounts paid as workers' compensation benefits on account of death as provided in section 16-1032. Each such child shall share equally in the total pension benefit to the age of majority, except that as soon as a child attains the age of majority, such pension benefit to such child shall cease and be reallocated among the remaining minor children until the last remaining child dies or reaches the age of majority.
Any payments for the benefit of a minor child shall be made on behalf of such child to the surviving spouse or, if there is none, to the legal guardian of the child.
In the event the surviving spouse or minor children of such deceased firefighter die before the aggregate amount of pension payments received by the firefighter and his or her survivor beneficiaries, if any, equals the total amount in the firefighter's employee account at the time of the first benefit payment, the difference between the total amount in the employee account and the aggregate amount of pension payments received by the retired firefighter and his or her surviving beneficiaries, if any, shall be paid in a single sum to the firefighter's beneficiary or, in the absence of a surviving beneficiary, his or her estate.
To the extent that the retirement value at the date of death exceeds the amount required to purchase the specified retirement pension, reduced by any amounts paid as workers' compensation benefits, the excess shall be paid in the manner provided in subsection (1) of section 16-1029.
Source
Laws 1983, LB 531, § 11;
Laws 1986, LB 811, § 6;
Laws 1992, LB 672, § 24;
Laws 1993, LB 724, § 8.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-1032 - Firefighter; temporary disability; workers' compensation benefits; how treated.

16-1032.
Firefighter; temporary disability; workers' compensation benefits; how treated.
No firefighter shall be entitled during any period of temporary disability to receive in full both his or her salary and his or her benefits under the Nebraska Workers' Compensation Act. All Nebraska workers' compensation benefits shall be payable in full to such firefighter as provided in the Nebraska Workers' Compensation Act, but all amounts paid by the city or its insurer under the Nebraska Workers' Compensation Act to any disabled firefighter entitled to receive a salary during such disability shall be considered as payments on account of such salary and shall be credited thereon. The remaining balance of such salary, if any, shall be payable as otherwise provided in sections 16-1020 to 16-1038.
Source
Laws 1983, LB 531, § 13;
Laws 1985, LB 3, § 2;
Laws 1986, LB 811, § 8.
Cross References
Nebraska Workers' Compensation Act, see section 48-1,110.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-1034 - Retirement committee; established; city council; responsibilities; powers and duties; allocation.

16-1034.
Retirement committee; established; city council; responsibilities; powers and duties; allocation.
A retirement committee shall be established to supervise the general operation of the retirement system. The city council shall be responsible for the general administration of such retirement system unless specific functions or all functions with regard to the administration of the retirement system are delegated, by ordinance, to the retirement committee. All costs incurred with regard to the administration of the retirement system shall be paid by the city from the unallocated employer account as provided in section 16-1036.01.
The city and retirement committee shall have all powers which are necessary for or appropriate to establishing, maintaining, managing, and administering the retirement system. Whenever sections 16-1020 to 16-1042 fail to address the allocation of duties or powers in the administration of the retirement system, such powers or duties shall be vested in the city unless such powers or duties have been delegated by ordinance to the retirement committee.
Source
Laws 1983, LB 531, § 15;
Laws 1992, LB 672, § 25;
Laws 1993, LB 724, § 11;
Laws 2016, LB704, § 207.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-1035 - Retirement committee; members; terms; vacancy; expenses.

16-1035.
Retirement committee; members; terms; vacancy; expenses.
Each retirement committee established pursuant to section 16-1034 shall consist of six members of which four members shall be selected by the active paid firefighters excluding firefighters identified in section 16-1039. Two members shall be designated by the city council. The members who are not participants in such retirement system shall have a general knowledge of retirement plans. Members of the city council, active members of the fire department, and members of the general public may serve on the retirement committee. The committee members shall be appointed to four-year terms. Vacancies shall be filled for the remainder of the term by a person with the same representation as his or her predecessor. Members of the retirement committee shall, subject to approval by the city council, be reimbursed for their actual and necessary expenses incurred in carrying out their duties.
Source
Laws 1983, LB 531, § 16;
Laws 1992, LB 672, § 26;
Laws 2016, LB704, § 208.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-1036 - Firefighters Retirement System Fund; authorized investments; retirement committee; powers and duties.

16-1036.
Firefighters Retirement System Fund; authorized investments; retirement committee; powers and duties.
(1) The funds in the Firefighters Retirement System Fund shall be invested by the retirement committee. The city, subject to the approval of the retirement committee, shall contract with a funding agent or agents to hold or invest the assets of the retirement system and to provide for the benefits provided by sections 16-1020 to 16-1042. The retirement committee, subject to the approval of the city, may also select an investment manager. The city, subject to approval of the retirement committee, may contract with investment managers registered under the Investment Advisers Act of 1940 to invest, reinvest, and otherwise manage such portion of the assets of the retirement system as may be assigned by the city or retirement committee.
(2) The retirement committee shall establish an investment plan which allows each member of the retirement system to allocate all contributions to his or her employee account and, if he or she commenced his or her employment after January 1, 1984, his or her employer account to the various investment options or combinations of investment options described in such plan. Each firefighter shall have the option of investing his or her employee account and, if he or she commenced his or her employment after January 1, 1984, his or her employer account in any proportion, including full allocation, in any investment option offered by the plan. Upon the direction of the city, firefighters employed on January 1, 1984, may have the option to allocate their employer account to various investment options or combinations of investment options in any proportion, including full allocation, in any investment option offered by the plan. Each firefighter shall be given a summary of the investment plan and a detailed current description of each investment option prior to making or revising his or her allocation.
(3) The funds in the Firefighters Retirement System Fund shall be invested pursuant to the policies established by the Nebraska Investment Council.
Source
Laws 1983, LB 531, § 17;
Laws 1991, LB 2, § 3;
Laws 1992, LB 672, § 27;
Laws 1993, LB 724, § 12;
Laws 2004, LB 1097, § 1.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-1036.01 - Firefighters Retirement System Fund; schedule of investment costs; allocation.

16-1036.01.
Firefighters Retirement System Fund; schedule of investment costs; allocation.
The city and the retirement committee shall develop a schedule of investment costs relating to the investment of the funds in each of the accounts in the Firefighters Retirement System Fund, which costs shall be paid out of the funds in such accounts or assessed to the firefighters as provided in such schedule. The schedule of investment costs shall provide for the allocation of the administrative or record-keeping costs of the various investment options available to the members of the retirement system and shall assess such costs so that each member pays a fair proportion of the costs based upon his or her choice of options and number of transfers among options. All other costs related to the general operation of the retirement system established pursuant to sections 16-1020 to 16-1038 and not allocated or assessed pursuant to the schedule of investment costs shall be considered administrative costs and shall be paid by the city from the unallocated employer account.
Source
Laws 1992, LB 672, § 29.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-1039 - Firefighter serving on August 7, 1965; pension benefits.

16-1039.
Firefighter serving on August 7, 1965; pension benefits.
(1) All cities of the first class having a paid fire department shall pension all firefighters of the paid fire department who were serving as such on August 7, 1965, and who did not elect coverage under the provisions of sections 35-204 to 35-215 as they existed prior to January 1, 1984, whenever such firefighters shall have first served in such fire department for the period of twenty-one years and shall elect to retire from active service and go upon the retired list.
(2) Such pension shall be paid by the city in the same manner as firefighters upon the active list are paid. Such pension shall be at least fifty percent of the amount of salary such retiring firefighter is receiving at the time he or she goes upon such pension list.
(3) Any such firefighter who retires on or after age fifty-five with less than twenty-one years of service shall receive a pension of at least fifty percent of the salary he or she was receiving at the time of his or her retirement multiplied by the ratio of the years of service to twenty-one.
(4) At the death of any such retired firefighter, the same rate of pension, as is herein provided for, shall be paid to the surviving spouse of such deceased firefighter during such time as the surviving spouse shall remain unmarried and, in case there be no surviving spouse, then the minor children, if any, of such deceased firefighter, shall be paid such pension during their minority to the age of eighteen years, except that as soon as a child of such deceased firefighter shall become eighteen years of age, such pension as to such child shall cease.
(5) Firefighters subject to subsection (1) of this section shall be subject to sections 16-1029 to 16-1032 but shall be exempt from sections 16-1024, 16-1025, 16-1027, 16-1028, and 16-1033.
Source
Laws 1983, LB 531, § 20.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-1040 - Firefighter subject to prior law; contributions; reimbursement.

16-1040.
Firefighter subject to prior law; contributions; reimbursement.
After August 7, 1965, every firefighter subject to the provisions of sections 35-201 to 35-203 as they existed prior to January 1, 1984, shall contribute to the city an amount equal to five percent of his or her salary until he or she shall be entitled to retire or otherwise become eligible for a pension. No such firefighter continuing in the employment of the city as a member of such department after becoming eligible to retire shall be required to make any further contribution. Any such firefighter whose employment shall terminate, whether by discharge or otherwise, prior to the time he or she shall become entitled to a pension, and who shall have made contributions from his or her salary as provided in this section shall, upon demand, be reimbursed by the city for the amount of such contributions plus interest at five percent per annum.
Source
Laws 1983, LB 531, § 21.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-1041 - Benefits under prior law, how construed.

16-1041.
Benefits under prior law, how construed.
Nothing in sections 16-1020 to 16-1042 shall in any manner affect the right of any person now receiving or entitled to receive, now or in the future, pension or other benefits provided for in sections 35-201 to 35-216, as they exist immediately prior to January 1, 1984, to receive such pension or other benefits in all respects the same as if such sections remained in full force and effect.
Source
Laws 1983, LB 531, § 22;
Laws 1985, LB 6, § 1.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-1042 - Termination of employment; transfer of benefits; when.

16-1042.
Termination of employment; transfer of benefits; when.
In the event that after four or more years of employment a firefighter terminates his or her employment for the purpose of becoming a firefighter employed by another city of the first class in Nebraska and such new employment commences within ninety days of such termination, such firefighter shall be entitled to transfer to the Firefighters Retirement System Fund of the city by which he or she is newly employed the full amount of his or her contribution and his or her vested portion of the value of his or her employer account at the time of termination. The transferred funds shall be administered by the retirement committee of the city to which transferred. Upon such transfer, the city and the retirement system from which the firefighter transferred shall have no further obligation to such firefighter or his or her beneficiary. Following the commencement of new employment, the transferring firefighter shall be deemed a new employee for all purposes of the retirement system of the city to which he or she transferred.
Beginning January 1, 1993, a firefighter who is to receive an eligible rollover distribution, within the meaning of section 401(a)(31) of the Internal Revenue Code, from the retirement system may choose to have such distribution made in the form of a direct transfer to the trustee or custodian of a retirement plan eligible to receive the transfer under the code if the election is made in the form and within the time period required by the retirement committee and the plan to which such transfer is to be made will accept such transfer.
Source
Laws 1983, LB 531, § 23;
Laws 1993, LB 724, § 14;
Laws 1995, LB 574, § 25.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-1102 - Terms, defined.

16-1102.
Terms, defined.
For purposes of the First-Class City Merger Act:
(1) City means a city of the first class; and
(2) Merger means a full and permanent union of two or more cities of the first class, resulting in one city.
Source
Laws 2008, LB1056, § 2.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-1103 - Merger authorized.

16-1103.
Merger authorized.
Any two or more contiguous and adjacent cities of the first class in the state may merge by complying with the requirements and procedures specified in the First-Class City Merger Act. Merger shall not be allowed across county lines.
Source
Laws 2008, LB1056, § 3.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-1104 - Merger plan; city council; adopt resolution; advisory vote; notice.

16-1104.
Merger plan; city council; adopt resolution; advisory vote; notice.
(1) To enter into a merger plan, each city council of any two or more contiguous and adjacent cities shall adopt an initial joint concurrent resolution of intent to pursue such plan.
(2) If a resolution is adopted pursuant to subsection (1) of this section, the city councils of each city involved may hold an advisory vote at any general, primary, or special election if the advisory vote is presented to voters of all cities involved on the same day. Notice of the advisory vote to be voted on at a special election shall be given in the manner of notice for special elections in accordance with the Election Act. The result of the vote cast on a question submitted under this subsection shall not be binding upon such city councils.
Source
Laws 2008, LB1056, § 4.
Cross References
Election Act, see section 32-101.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-1105 - Merger plan; contents; advisory committee.

16-1105.
Merger plan; contents; advisory committee.
(1) After adoption of a resolution pursuant to section 16-1104 by the city councils of any two or more cities, such city councils may propose a merger plan subject to the First-Class City Merger Act.
(2) A merger plan shall include, but not be limited to, (a) the names of the cities which propose to merge, (b) the name under which the cities would merge, (c) the manner of financing and allocating all costs associated with the plan, (d) the property, real and personal, belonging to each city and the fair value thereof in current money of the United States, (e) the indebtedness, bonded and otherwise, of each city and the plan for repayment of the indebtedness after merger, (f) how the local ballot initiatives enacted in either city, if any, will be reconciled or terminated after merger, (g) if the cities have different forms of organization and government, the proposed form of organization and government of the merged city, (h) the redistricting of the newly merged city, including the number of wards and elected representatives from each ward, (i) the pay and perquisites of the mayor and city council, (j) the treatment of related city entities such as the housing authority, airport authority, or other city authority, and (k) any other terms of the agreement. A merger plan shall not be considered an interlocal cooperation agreement pursuant to the Interlocal Cooperation Act.
(3) Each city council may appoint an advisory committee to assist the council in the preparation of the merger plan.
Source
Laws 2008, LB1056, § 5 .
Cross References
Interlocal Cooperation Act, see section 13-801.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-1106 - Public hearing; notice.

16-1106.
Public hearing; notice.
After adoption of a resolution pursuant to section 16-1104 and preparation of the required merger plan pursuant to section 16-1105, the city council of each city proposing to enter into such plan shall hold a public hearing on the plan and shall give notice of the hearing by publication in a newspaper of general circulation in the city once each week for three consecutive weeks prior to the hearing. Final publication shall be within seven calendar days prior to the hearing. The notice shall describe the contents of the plan and specify that a copy of the plan may be obtained at no charge at the city clerk's office.
Source
Laws 2008, LB1056, § 6.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-1107 - Adoption of joint merger plan.

16-1107.
Adoption of joint merger plan.
After a public hearing held pursuant to section 16-1106, the city council of each city shall adopt the joint merger plan by a majority vote of the council.
Source
Laws 2008, LB1056, § 7.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-1108 - Submission of joint merger plan to voters.

16-1108.
Submission of joint merger plan to voters.
If a merger plan is adopted pursuant to section 16-1107, the city council of each city adopting such plan shall submit the plan for approval by the registered voters at a primary or special election held on the same day in each of the cities which are parties to the plan, not less than one hundred eighty days prior to the next statewide general election. An election held pursuant to this section shall be conducted in accordance with the Election Act.
Source
Laws 2008, LB1056, § 8.
Cross References
Election Act, see section 32-101.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-1109 - Submission of plan to voters; notice; publication; contents.

16-1109.
Submission of plan to voters; notice; publication; contents.
When a merger plan is submitted to the voters for approval pursuant to section 16-1108, the city council of each city adopting the plan shall publish a notice at least once each week for three consecutive weeks prior to the election in one or more newspapers of general circulation in the city. Final publication in each city shall be within seven calendar days prior to the election pursuant to section 16-1110. The notice shall describe the contents of the plan and specify that a copy of the plan may be obtained at no charge at the city clerk's office.
Source
Laws 2008, LB1056, § 9.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-1110 - Question submitted to voters; form; effective date of plan.

16-1110.
Question submitted to voters; form; effective date of plan.
(1) After publication pursuant to section 16-1109, each city council shall submit the question as proposed in the merger plan to the registered voters of the city as provided in section 16-1108.
(2) The question shall be submitted to the voters in substantially the following form:
"Shall (name of city in which ballot will be voted) merge with (name of other city or cities) according to the merger plan previously adopted by the city councils in such cities? Yes No".
(3) The election shall be conducted in accordance with the Election Act. The election commissioner or county clerk shall certify the results to each city council involved in the plan.
(4) If a majority of the voters of each city voting on the question vote in favor of the merger plan, the plan shall become effective at the first regular meeting of the city council in December following the election, and the terms of the incumbents in the offices involved in the plan shall be deemed to end on that day.
Source
Laws 2008, LB1056, § 10.
Cross References
Election Act, see section 32-101.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-1111 - Nominations for merged city offices; special election.

16-1111.
Nominations for merged city offices; special election.
Candidates for merged city offices shall be nominated at a special election to be held no less than thirty days after the election at which the merger is approved by the voters and no less than sixty days prior to the next statewide general election. The election shall be held in accordance with the Election Act.
Source
Laws 2008, LB1056, § 11.
Cross References
Election Act, see section 32-101.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-1112 - Election of merged city officers; terms; appointive city officers; terms.

16-1112.
Election of merged city officers; terms; appointive city officers; terms.
(1) At the next statewide general election held after the election at which the merger is approved by the voters, the merged city officers shall be elected. Their terms shall begin at the first regular meeting of the city council in December following their election, and the terms of the incumbents in the offices involved in the plan shall be deemed to end on that day. The initial term of a merged officer shall be set forth in the merger plan.
(2) All appointive city officers shall be appointed by the person, council, or authority upon whom the power is conferred to appoint such officers in other cities of the first class. The terms of such officers shall begin at the first regular meeting of the city council in December following the first election of officers for the merged city and shall continue, unless otherwise removed, until their successors have been appointed and qualified.
Source
Laws 2008, LB1056, § 12.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-1113 - Merged cities; name; rights, privileges, franchises, property, and suits; how treated.

16-1113.
Merged cities; name; rights, privileges, franchises, property, and suits; how treated.
(1) Upon the effective date of a merger plan, the cities involved in the plan shall be treated under the name and upon the terms and conditions set forth in the plan. Except as provided in subsections (6) and (7) of this section, statutory references to the names of the cities as they existed prior to the merger plan shall be deemed to reference the name of the merged city as set forth in the plan.
(2) All rights, privileges, and franchises of each of the several cities, all real and personal property, all rights-of-way, all other interests, and all debts due on whatever account, as well as other things in action, belonging to each of such cities, shall be deemed as transferred to and vested in the merged city without further act or deed. All records, books, and documents shall be transferred to and vested in the merged city. All money on hand and accounts receivable shall be distributed pursuant to the merger plan.
(3) The title to real property, either by deed or otherwise, under the laws of this state vested in any of the cities, shall not be deemed to revert or be in any way impaired by reason of merger, but the rights of creditors and all liens upon the property of any of the cities shall be preserved unimpaired.
(4) Suits may be brought and maintained against such merged city in any of the courts of this state in the same manner as against any other city of the first class. Pursuant to the merger plan, any action or proceeding pending by or against any of the cities may be prosecuted to judgment and the merged city may be substituted in its place.
(5) The boundaries for school districts and election districts for offices other than the merged offices shall continue as prior to merger unless and until changed in accordance with law.
(6) For purposes of political representation, the existing boundaries for such districts shall continue until changed in accordance with law.
(7) Such merged city shall in all respects, except as provided in the First-Class City Merger Act, be subject to all the obligations and liabilities imposed and shall possess all the rights, powers, and privileges vested by law in other cities of the first class.
Source
Laws 2008, LB1056, § 13.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-101 - City of the second class, defined; population; exception.

17-101.
City of the second class, defined; population; exception.
Each municipality containing more than eight hundred and not more than five thousand inhabitants as determined by the most recent federal decennial census or the most recent revised certified count by the United States Bureau of the Census shall be a city of the second class unless it adopts or retains a village form of government as provided in sections 17-306 to 17-312. The population of a city of the second class shall consist of the people residing within the territorial boundaries of such city and the residents of any territory duly and properly annexed to such city.
Source
Laws 1879, § 1, p. 193;
Laws 1885, c. 16, § 1, p. 156;
R.S.1913, § 4993;
C.S.1922, § 4162;
C.S.1929, § 17-101;
R.S.1943, § 17-101;
Laws 1971, LB 62, § 1;
Laws 1993, LB 726, § 6;
Laws 2014, LB702, § 1;
Laws 2017, LB113, § 12;
Laws 2017, LB133, § 1.
Annotations
A village, containing the required population, becomes a city of the second class without action being taken on its part, and the fact that at the time statutory resolution was adopted to provide for election of city officers, it had less than the requisite number of inhabitants to make it such city, is immaterial. State ex rel. Einstein v. Northup, 79 Neb. 822, 113 N.W. 540 (1907).
Quo warranto, and not bill for injunction, is appropriate remedy to test the legal existence of a city of second class where the question turns on whether the municipality contains the statutory number of inhabitants sufficient to change a village to a city of the second class. Osborn v. Village of Oakland, 49 Neb. 340, 68 N.W. 506 (1896).
Under former act, all towns and cities containing in excess of fifteen hundred and less than fifteen thousand inhabitants were created into cities of the second class without any acceptance or other act of such town, city or its inhabitants. State ex rel. Fremont, E. & M. V. R. Co. v. Babcock and Laws, 25 Neb. 709, 41 N.W. 654 (1889).
This section operates to create cities of the second class upon municipality reaching stated number of inhabitants without necessity of the acceptance thereof by municipal act. State ex rel. Hostetter v. Holden, 19 Neb. 249, 27 N.W. 120 (1886); State ex rel. Mayor of David City v. Palmer, 10 Neb. 203, 4 N.W. 965 (1880).
Though Legislature changes classification of municipality from village to city of second class, its original officers hold over until new officers are elected under amended act. State ex rel. Mayor of David City v. Palmer, 10 Neb. 203, 4 N.W. 965 (1880).
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-102 - Wards; number; how determined.

17-102.
Wards; number; how determined.
Unless the city elects council members at large as provided in section 32-554, each city of the second class shall be divided into not less than two nor more than six wards, as provided by ordinance of the city council. Each ward shall contain, as nearly as practicable, an equal portion of the population.
Source
Laws 1879, § 2, p. 193;
R.S.1913, § 4994;
C.S.1922, § 4163;
C.S.1929, § 17-102;
Laws 1935, c. 32, § 1, p. 137;
C.S.Supp.,1941, § 17-102;
R.S.1943, § 17-102;
Laws 1969, c. 257, § 5, p. 934;
Laws 2016, LB702, § 1.
Annotations
The mayor and council of city of second class may change the number and boundaries of wards subject to the limitations that there shall be not less than two, nor more than six wards. Tattersall v. Nevels, 77 Neb. 843, 110 N.W. 708 (1906).
While there is no express authority conferred upon village trustees to divide the city into wards and call an election, such power is clearly implied. State ex rel. Hostetter v. Holden, 19 Neb. 249, 27 N.W. 120 (1886).
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-103 - City council; members; number; qualifications.

17-103.
City council; members; number; qualifications.
The city council of a city of the second class shall consist of not less than four nor more than twelve residents of the city who are registered voters.
Source
Laws 1879, § 3, p. 194;
R.S.1913, § 4995;
C.S.1922, § 4164;
C.S.1929, § 17-103;
R.S.1943, § 17-103;
Laws 1973, LB 559, § 1;
Laws 1994, LB 76, § 489.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-104 - City council members; election; term; qualifications.

17-104.
City council members; election; term; qualifications.
Unless the city elects city council members at large as provided in section 32-554, each ward of each city of the second class shall have at least two city council members elected in the manner provided in the Election Act. The term of office shall begin on the first regular meeting of the city council in December following the statewide general election. No person shall be eligible to the office of city council member who is not at the time of the election an actual resident of the ward for which he or she is elected and a registered voter.
Source
Laws 1879, § 4, p. 194;
R.S.1913, § 4996;
C.S.1922, § 4165;
C.S.1929, § 17-104;
R.S.1943, § 17-104;
Laws 1969, c. 257, § 6, p. 934;
Laws 1973, LB 559, § 2;
Laws 1979, LB 253, § 1;
Laws 1981, LB 446, § 2;
Laws 1994, LB 76, § 490;
Laws 2016, LB702, § 2;
Laws 2017, LB133, § 2.
Cross References
City council, election, see section 32-533.
Election Act, see section 32-101.
Vacancies, see sections 32-568 and 32-569.
Annotations
Each ward in each city is required to have at least two councilmen elected by the qualified electors of their respective wards, and there is no such office as a councilman at large. State ex rel. Barron v. Neff, 87 Neb. 615, 127 N.W. 881 (1910).
Councilman is required to be an elector. Haywood v. Marshall, 53 Neb. 220, 73 N.W. 449 (1897).
An ordinance creating wards requires an affirmative vote of a majority of the councilmen. State ex rel. Grosshans v. Gray, 23 Neb. 365, 36 N.W. 577 (1888).