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2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1309.01 - Board; provide benefit liability information; verify investments.

84-1309.01.
Board; provide benefit liability information; verify investments.
The board shall provide benefit liability information and other assistance to the Nebraska Investment Council for the establishment of policy portfolio objectives for the investing and reinvesting of the assets of the retirement system. The board shall verify that the investments of the assets of the retirement system by the council and the state investment officer are invested and reinvested for the exclusive purposes of providing benefits to members and members' beneficiaries and that the assets of the retirement system are not invested with the sole or primary investment objective of economic development or social purposes or objectives. Such verification shall be included in the written plan of action pursuant to subsection (3) of section 84-1503.
Source
Laws 1984, LB 653, § 1;
Laws 1996, LB 847, § 43;
Laws 2005, LB 503, § 15.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1310 - Defined contribution benefit; employee account.

84-1310.
Defined contribution benefit; employee account.
For a member employed and participating in the retirement system prior to January 1, 2003, who has elected not to participate in the cash balance benefit, a member's share of the fund arising from the compensation deductions made in accordance with section 84-1308 shall be known as his or her employee account. Each year commencing January 1, 1975, and ending December 31, 1984, regular interest shall be credited to the employee account. As of January 1 of each such year, a member's employee account shall be equal to one hundred percent of his or her employee account as of the next preceding January 1 increased by any regular interest earned and any amounts deducted from the member's compensation since the next preceding January 1 in accordance with the provisions of section 84-1308. On and after January 1, 1985, the employee account shall be equal to the sum of the stable return account, the equities account, and any assets of additional accounts created by the board pursuant to section 84-1310.01.
Source
Laws 1963, c. 532, § 10, p. 1671;
Laws 1969, c. 842, § 2, p. 3178;
Laws 1974, LB 905, § 9;
Laws 1983, LB 313, § 3;
Laws 1984, LB 751, § 5;
Laws 1991, LB 549, § 65;
Laws 1994, LB 833, § 46;
Laws 2002, LB 687, § 22.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1311.03 - Defined contribution benefit; employer account; investment options; procedures; administration.

84-1311.03.
Defined contribution benefit; employer account; investment options; procedures; administration.
(1) Each member employed and participating in the retirement system prior to January 1, 2003, who has elected not to participate in the cash balance benefit, shall be allowed to allocate all contributions to the member's employer account to various investment options. Such investment options shall be the same as the investment options of the employee account as provided in subsection (1) of section 84-1310.01. If a member fails to select an option or combination of options, all of the member's funds in the employer account shall be placed in the investment option described in subdivision (1)(a)(v) of section 84-1310.01. Each member shall be given a detailed current description of each investment option prior to making or revising his or her allocation.
(2) Each member of the retirement system may allocate contributions to the member's employer account to the investment options in percentage increments as set by the board in any proportion, including full allocation to any one option. A member under subdivision (1)(a) of section 84-1323 or the member's beneficiary may transfer any portion of the member's funds among the options. The board may adopt and promulgate rules and regulations for changes of a member's allocation of contributions to the member's accounts after the member's most recent allocation and for transfers from one investment account to another.
(3) The board shall develop a schedule for the allocation of administrative costs of maintaining the various investment options and shall assess the costs so that each member pays a reasonable fee as determined by the board.
(4) In order to carry out this section, the board may enter into administrative services agreements for accounting or record-keeping services. No agreement shall be entered into unless the board determines that it will result in administrative economy and will be in the best interests of the state and its participating employees.
(5) The state, the board, the state investment officer, the members of the Nebraska Investment Council, or the agency shall not be liable for any investment results resulting from the member's exercise of control over the assets in the employer account.
Source
Laws 1999, LB 687, § 4;
Laws 2000, LB 1200, § 6;
Laws 2001, LB 408, § 27;
Laws 2002, LB 407, § 57;
Laws 2002, LB 687, § 25;
Laws 2004, LB 1097, § 34;
Laws 2005, LB 503, § 17;
Laws 2008, LB1147, § 15;
Laws 2010, LB950, § 24;
Laws 2012, LB916, § 37;
Laws 2018, LB1005, § 45;
Laws 2019, LB32, § 4;
Laws 2022, LB700, § 13.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1313 - Retirement system; accept payments and rollovers; limitations; board; powers.

84-1313.
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 84-1322 or 84-1325 if the contributions do not exceed the amount of payment authorized to be paid by the member pursuant to section 84-1322 or 84-1325 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 made under section 84-1322 or 84-1325.
(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, § 49;
Laws 1997, LB 624, § 37;
Laws 2002, LB 407, § 59;
Laws 2018, LB1005, § 47.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1313.01 - Retirement system; accept transfers; limitations; how treated.

84-1313.01.
Retirement system; accept transfers; limitations; how treated.
The retirement system may accept as payment for withdrawn amounts made pursuant to the State Employees 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, § 61.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1313.02 - Retirement system; transfer eligible rollover distribution; conditions.

84-1313.02.
Retirement system; transfer eligible rollover distribution; conditions.
The retirement system may transfer any distribution of benefits to a member which is an eligible rollover distribution as defined in section 84-1312 in a direct rollover to the deferred compensation plan authorized under section 84-1504 if the following conditions are met:
(1) The member has an amount of compensation deferred immediately after the rollover at least equal to the amount of compensation deferred immediately before the rollover;
(2) The account of the member is valued as of the date of final account value;
(3) The member is not eligible for additional annual deferrals in the receiving plan unless the member is performing services for the state; and
(4) The deferred compensation plan provides for such rollovers.
Source
Laws 2009, LB188, § 12;
Laws 2011, LB509, § 47.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1314 - State Employees Defined Contribution Retirement Expense Fund; State Employees Cash Balance Retirement Expense Fund; created; use; investment.

84-1314.
State Employees Defined Contribution Retirement Expense Fund; State Employees Cash Balance Retirement Expense Fund; created; use; investment.
(1) The State Employees Defined Contribution Retirement 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 State Employees Retirement Act and necessary in connection with the administration and operation of the retirement system, except as provided in sections 84-1309.02, 84-1310.01, and 84-1311.03. 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.
(2) The State Employees Cash Balance Retirement Expense Fund is created. The fund shall be credited with money forfeited pursuant to section 84-1321.01 and 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 State Employees Retirement Act and necessary in connection with the administration and operation of the retirement system, except as provided in sections 84-1309.02, 84-1310.01, and 84-1311.03. 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.
(3) Forfeiture funds collected from members participating in the defined contribution benefit shall be used to either pay expenses or reduce employer contributions related to the defined contribution benefit. Any unused funds shall be allocated as earnings of and transferred to the accounts of the remaining members within twelve months after receipt of the funds by the board.
Source
Laws 1997, LB 623, § 40;
Laws 2000, LB 1200, § 7;
Laws 2001, LB 408, § 28;
Laws 2003, LB 451, § 26;
Laws 2005, LB 364, § 18;
Laws 2007, LB328, § 8;
Laws 2010, LB950, § 25;
Laws 2013, LB263, § 38.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1315 - Auditor of Public Accounts; annual audit of retirement system; annual report.

84-1315.
Auditor of Public Accounts; annual audit of retirement system; annual report.
It shall be the duty of the Auditor of Public Accounts to make an annual audit of the retirement system and an annual report to the retirement board and to the Clerk of the Legislature of the condition of the retirement system. The report submitted to the Clerk of the Legislature shall be submitted electronically. Each member of the Legislature shall receive an electronic copy of the report required by this section by making a request for such report to either the Auditor of Public Accounts or the retirement board.
Source
Laws 1963, c. 532, § 15, p. 1673;
Laws 1971, LB 987, § 37;
Laws 1972, LB 1072, § 1;
Laws 1979, LB 322, § 75;
Laws 1988, LB 1169, § 2;
Laws 2012, LB782, § 232.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1316 - Retirement system; sue and be sued; actions; representation by Attorney General.

84-1316.
Retirement system; sue and be sued; actions; representation by Attorney General.
The retirement 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 1963, c. 532, § 16, p. 1673;
Laws 1996, LB 847, § 46.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1317 - Employees; retirement date; application for benefits; deferment of benefits; board; duties; certain required minimum distributions; election authorized.

84-1317.
Employees; retirement date; application for benefits; deferment of benefits; board; duties; certain required minimum distributions; election authorized.
(1) Upon filing an application for benefits with the board, an employee may elect to retire after the attainment of age fifty-five or an employee may retire as a result of disability at any age.
(2) The member shall specify in the application for benefits the manner in which he or she wishes to receive the retirement benefit under the options provided by the State Employees Retirement Act. Payment under the application for benefits shall be made (a) for annuities, no sooner than the annuity start date, and (b) for other distributions, no sooner than the date of final account value.
(3) Payment of any benefit provided under the retirement system shall not be deferred later than the required beginning date.
(4) The board shall make reasonable efforts to locate the member or the member's beneficiary and distribute benefits by the required beginning date. If the board is unable to make such a distribution, the benefit shall be distributed pursuant to the Uniform Disposition of Unclaimed Property Act and no amounts may be applied to increase the benefits any member would otherwise receive under the State Employees Retirement Act.
(5) A participant or beneficiary who would have been required to receive required minimum distributions for 2009 but for the enactment of section 401(a)(9)(H) of the Internal Revenue Code, and who would have satisfied that requirement by receiving distributions that are either equal to the 2009 required minimum distributions or one or more payments in a series of substantially equal distributions, including the 2009 required minimum distribution, made at least annually and expected to last for the life or life expectancy of the participant, the joint lives or joint life expectancy of the participant and the participant's designated beneficiary, or for a period of at least ten years, shall receive those distributions for 2009 unless the participant or beneficiary chooses not to receive such distributions. Participants and beneficiaries shall be given the opportunity to elect to stop receiving the distributions described in this subsection.
Source
Laws 1963, c. 532, § 17, p. 1673;
Laws 1967, c. 619, § 2, p. 2075;
Laws 1971, LB 360, § 1;
Laws 1973, LB 498, § 4;
Laws 1973, LB 55, § 1;
Laws 1974, LB 740, § 2;
Laws 1979, LB 391, § 7;
Laws 1979, LB 161, § 3;
Laws 1981, LB 288, § 1;
Laws 1982, LB 287, § 5;
Laws 1983, LB 604, § 25;
Laws 1983, LB 219, § 2;
Laws 1986, LB 325, § 17;
Laws 1986, LB 311, § 32;
Laws 1987, LB 296, § 4;
Laws 1996, LB 1076, § 39;
Laws 1997, LB 624, § 38;
Laws 2003, LB 451, § 27;
Laws 2009, LB188, § 13;
Laws 2013, LB263, § 39;
Laws 2020, LB1054, § 12.
Cross References
Uniform Disposition of Unclaimed Property Act, see section 69-1329.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1318 - Employees; benefits; retirement value; how computed.

84-1318.
Employees; benefits; retirement value; how computed.
The retirement value for any employee who retires under the provisions of section 84-1317 shall be (1) for participants in the defined contribution benefit, the sum of the employee's employee account and employer account as of the date of final account value and (2) for participants in the cash balance benefit, the benefit provided in section 84-1309.02 as of the date of final account value.
Source
Laws 1963, c. 532, § 18, p. 1674;
Laws 2002, LB 687, § 26;
Laws 2003, LB 451, § 28.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1319.01 - State Equal Retirement Benefit Fund; created; use; investment.

84-1319.01.
State Equal Retirement Benefit Fund; created; use; investment.
The State Equal Retirement Benefit Fund is created. The fund shall be administered by the board. Each state agency participating in the retirement system shall make a contribution at least once a year to the fund, in addition to any other retirement contributions. Such contribution shall be in an amount determined by the board to provide all similarly situated male and female members of the retirement system with equal benefits pursuant to subsection (2) of section 84-1319 and to provide for direct expenses incurred in administering the fund. The amount contributed to the fund by each state agency participating in the retirement system shall be proportionate to the total amount such agency contributes to the system for retirement benefits. 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 1983, LB 210, § 3;
Laws 1998, LB 1191, § 73;
Laws 2022, LB700, § 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 84 - State Officers › 84-1320 - Prior service retirement benefits; when payable; how computed; deferment; reduction in amount, when.

84-1320.
Prior service retirement benefits; when payable; how computed; deferment; reduction in amount, when.
The prior service retirement benefit shall be a straight life annuity, payable monthly with the first payment made as of the annuity start date, in an amount determined in accordance with the State Employees Retirement Act, except that the payments may be made less often than monthly if the monthly payment would be less than fifteen dollars. At the option of the member, the first payment may be deferred to commence at any time, except that no benefit shall be deferred later than the required beginning date. Such deferred benefit shall be the actuarial equivalent, based on factors designated by the board, of the prior service benefit. In the event of retirement before age sixty-five under section 84-1317, the amount of the prior service annuity shall be reduced in accordance with the principles of actuarial equivalence based on factors designated by the board. Any member of the retirement system who ceases to be an employee before becoming eligible for retirement under section 84-1317, who has accrued a prior service retirement benefit as defined in the act, and who has been continuously employed by the state for ten or more years immediately prior to termination shall receive the prior service retirement benefit determined in accordance with the act upon attaining age sixty-five. At the option of the terminating member, such annuity may commence as of the first of the month at any time after such member attains the age of fifty-five or may be deferred, except that no benefit shall be deferred later than the required beginning date. Such election by the terminating member may be made at any time prior to the commencement of the annuity payments. Any terminating employee who forfeits a vested future service retirement benefit by withdrawing his or her employee account shall also forfeit any vested prior service retirement benefit to which he or she would otherwise be entitled.
Source
Laws 1963, c. 532, § 20, p. 1675;
Laws 1973, LB 479, § 1;
Laws 1976, LB 643, § 1;
Laws 1984, LB 751, § 8;
Laws 1986, LB 325, § 19;
Laws 1986, LB 311, § 34;
Laws 1987, LB 308, § 2;
Laws 1994, LB 833, § 51;
Laws 2003, LB 451, § 30;
Laws 2020, LB1054, § 14.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1323 - Members; death before retirement; death benefit; amount; direct transfer to retirement plan; death while performing qualified military service; additional death benefit.

84-1323.
Members; death before retirement; death benefit; amount; direct transfer to retirement plan; death while performing qualified military service; additional death benefit.
(1)(a) In the event of a member's death before the member's retirement date, the death benefit shall be equal to (i) for participants in the defined contribution benefit, the total of the employee account and the employer account and (ii) for participants in the cash balance benefit, the benefit provided in section 84-1309.02.
(b) Except as provided in section 42-1107, the death benefit shall be paid pursuant to section 84-1323.02.
(c) If the beneficiary is not the member's surviving spouse, the death benefit shall be paid as a lump-sum payment or payments, except that the entire account must be distributed by the fifth anniversary of the member's death. If the sole primary beneficiary is the member's surviving spouse, the surviving spouse may elect to receive an annuity calculated as if the member retired and selected a one-hundred-percent joint and survivor annuity effective on the annuity purchase date. If the surviving spouse does not elect the annuity option within one hundred eighty days after the death of the member, the surviving spouse shall receive a lump-sum payment or payments, except that the entire account must be distributed by the fifth anniversary of the member's death.
(2) A lump-sum death benefit paid to the member's beneficiary, other than the member's estate, that is an eligible distribution may be distributed in the form of a direct transfer to a retirement plan eligible to receive such transfer under the provisions of the Internal Revenue Code.
(3) For any member whose death occurs on or after January 1, 2007, while performing qualified military service as defined in section 414(u) of the Internal Revenue Code, the member's beneficiary shall be entitled to any additional death benefit that would have been provided, other than the accrual of any benefit relating to the period of qualified military service. The additional death benefit shall be determined as if the member had returned to employment with the State of Nebraska and such employment had terminated on the date of the member's death.
Source
Laws 1963, c. 532, § 23, p. 1676;
Laws 1973, LB 498, § 7;
Laws 1984, LB 751, § 10;
Laws 1994, LB 1306, § 10;
Laws 1996, LB 1273, § 33;
Laws 2002, LB 687, § 31;
Laws 2003, LB 451, § 34;
Laws 2004, LB 1097, § 36;
Laws 2009, LB188, § 16;
Laws 2012, LB916, § 41;
Laws 2019, LB34, § 26.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1323.01 - Employee; retirement; disability; medical examination; waiver.

84-1323.01.
Employee; retirement; disability; medical examination; waiver.
(1) Any member who is an employee, disregarding the length of service, may be retired as a result of disability either upon the member's own application or upon the application of the member's employer or any person acting in the member's behalf. Before any member may be so retired, a medical examination shall be made at the expense of the retirement system, which examination shall be conducted by a disinterested physician legally authorized to practice medicine under the laws of the state in which he or she practices, such physician to be selected by the retirement board, and the physician shall certify to the board that the member suffers from an inability to engage in any substantially gainful activity by reason of any medically determinable physical or mental impairment which was initially diagnosed or became disabling while the member was an active participant in the plan and which can be expected to result in death or to be of long-continued and indefinite duration. The medical examination may be waived if, in the judgment of the retirement board, extraordinary circumstances exist which preclude substantial gainful activity by the member. Such circumstances shall include hospice placement or similar confinement for a terminal illness or injury. The application for disability retirement shall be made within one year of termination of employment.
(2) The retirement board may require any disability beneficiary who has not attained the age of fifty-five years to undergo a medical examination at the expense of the board once each year. If any disability beneficiary refuses to undergo such an examination, the disability retirement benefit may be discontinued by the board.
(3) The retirement board may adopt and promulgate rules and regulations and prescribe the necessary forms to carry out this section.
Source
Laws 1973, LB 498, § 8;
Laws 1993, LB 417, § 8;
Laws 1997, LB 623, § 44;
Laws 1999, LB 703, § 25;
Laws 2001, LB 408, § 29;
Laws 2010, LB950, § 27;
Laws 2017, LB415, § 50.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1323.02 - Beneficiary designation; order of priority.

84-1323.02.
Beneficiary designation; order of priority.
(1) Except as provided in section 42-1107, in the event of a member's death, the death benefit shall be paid to the following, in order of priority:
(a) To the member's surviving designated beneficiary on file with the board;
(b) To the spouse married to the member on the member's date of death if there is no surviving designated beneficiary on file with the board; or
(c) To the member's estate if the member is not married on the member's date of death and there is no surviving designated beneficiary on file with the board.
(2) The priority designations described in subsection (1) of this section shall not apply if the member has retired under a joint and survivor benefit option.
Source
Laws 2019, LB34, § 28.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1324 - Retirement benefits; exemption from legal process; exception.

84-1324.
Retirement benefits; exemption from legal process; exception.
All annuities or benefits which any person shall be entitled to receive under the State Employees Retirement Act shall not be subject to garnishment, attachment, levy, the operation of bankruptcy or insolvency laws, or any other process of law whatsoever and shall not be assignable except to the extent that such annuities or benefits are subject to a qualified domestic relations order under the Spousal Pension Rights Act.
Source
Laws 1963, c. 532, § 24, p. 1676;
Laws 1986, LB 311, § 37;
Laws 1989, LB 506, § 20;
Laws 1996, LB 1273, § 34;
Laws 2012, LB916, § 42;
Laws 2015, LB40, § 15.
Cross References
Spousal Pension Rights Act, see section 42-1101.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1326 - Retirement system; membership status; not lost while employment continues.

84-1326.
Retirement system; membership status; not lost while employment continues.
Persons who have become members of the retirement system shall not thereafter lose their status as members while they remain employees.
Source
Laws 1963, c. 532, § 26, p. 1676.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1326.01 - Retirement system; member; employee status changed to behavioral health region or community mental health center; benefits retained; application; immediate participation; when.

84-1326.01.
Retirement system; member; employee status changed to behavioral health region or community mental health center; benefits retained; application; immediate participation; when.
(1) Any state employee who is a member of the State Employees Retirement System of the State of Nebraska and whose status is changed by the Legislature to that of an employee of a behavioral health region or an employee of a community mental health center shall, upon application to the Public Employees Retirement Board, obtain full and immediate vesting in any prior service retirement benefits and any future service retirement benefits which have accrued to the date of transfer. Such employee may not withdraw the amount in his employee account prior to his retirement and still receive such vested benefits.
(2) Any employee shall be eligible for immediate participation in the retirement program available to the employee in the political subdivision of the State of Nebraska to which such employee is transferred with no minimum period of service required, if the minimum age requirement and length of service, with either the State of Nebraska or the political subdivision, total the requirements of the retirement system to which the employee is transferred.
Source
Laws 1975, LB 189, § 9;
Laws 1976, LB 794, § 1;
Laws 2004, LB 1083, § 144.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1327 - Retirement system; false or fraudulent actions; prohibited acts; penalty; denial of benefits.

84-1327.
Retirement system; false or fraudulent actions; prohibited acts; penalty; denial of benefits.
Any person who, knowing it to be false or fraudulent, presents or causes to be presented a false or fraudulent claim or benefit application, any false or fraudulent proof in support of such a claim or benefit, or false or fraudulent information which would affect a future claim or benefit application to be paid under the retirement system for the purpose of defrauding or attempting to defraud the retirement system shall be guilty of a Class II misdemeanor. The retirement board shall deny any benefits that it determines are based on false or fraudulent information and shall have a cause of action against the member to recover any benefits already paid on the basis of such information.
Source
Laws 1963, c. 532, § 27, p. 1676;
Laws 1977, LB 39, § 317;
Laws 1998, LB 1191, § 76.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1328 - Retirement benefits; declared additional to benefits under federal Social Security Act.

84-1328.
Retirement benefits; declared additional to benefits under federal Social Security Act.
The retirement allowances and benefits shall be in addition to benefits and allowances payable under the provisions of the federal Social Security Act.
Source
Laws 1963, c. 532, § 28, p. 1677.
Cross References
For other provisions relating to social security, see Chapter 68, article 6.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1329 - Limitation of actions.

84-1329.
Limitation of actions.
Every claim and demand under the State Employees Retirement Act and against the retirement system or the retirement board shall be forever barred unless the action is brought within two years of the time at which the claim accrued.
Source
Laws 1996, LB 1076, § 42.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1329.04 - Retirement system contributions, property, and rights; how treated.

84-1329.04.
Retirement system contributions, property, and rights; how treated.
All contributions to the retirement system, all property and rights purchased with the contributions, and all investment income attributable to the contributions, property, or rights shall be held in trust by the State of Nebraska for the exclusive benefit of members and their beneficiaries and shall only be used to pay benefits to such persons and to pay administrative expenses according to the provisions of the State Employees Retirement Act.
Source
Laws 1998, LB 1191, § 74.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1329.05 - Termination of system or contributions; effect.

84-1329.05.
Termination of system or contributions; effect.
Upon termination or partial termination of the retirement system or upon complete discontinuance of contributions under the retirement system, the rights of all affected members to the amounts credited to the members' accounts shall be nonforfeitable.
Source
Laws 1998, LB 1191, § 75.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1330 - Elected officials and employees having regular term; act, when operative.

84-1330.
Elected officials and employees having regular term; act, when operative.
The provisions of the State Employees Retirement Act pertaining to elected officials or other employees having a regular term of office shall be interpreted as to effectuate its general purpose and to take effect as soon as the same may become operative under the Constitution of the State of Nebraska.
Source
Laws 1963, c. 532, § 30, p. 1677;
Laws 2009, LB188, § 17.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1330.01 - State Employees Retirement Fund; elected officials and employees having a regular term; sections, when operative.

84-1330.01.
State Employees Retirement Fund; elected officials and employees having a regular term; sections, when operative.
The provisions of sections 84-1309, 84-1317, and 84-1330.01 pertaining to elected officials or other employees having a regular term of office shall be so interpreted as to effectuate their general purpose and to take effect as soon as the same may become operative under the Constitution of the State of Nebraska.
Source
Laws 1967, c. 619, § 3, p. 2075.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1331 - Act, how cited.

84-1331.
Act, how cited.
Sections 84-1301 to 84-1331 shall be known and may be cited as the State Employees Retirement Act.
Source
Laws 1963, c. 532, § 31, p. 1677;
Laws 1984, LB 751, § 12;
Laws 1991, LB 549, § 73;
Laws 1994, LB 833, § 53;
Laws 1995, LB 501, § 13;
Laws 1996, LB 847, § 50;
Laws 1996, LB 1076, § 43;
Laws 1997, LB 623, § 45;
Laws 1997, LB 624, § 42;
Laws 1998, LB 1191, § 77;
Laws 1999, LB 687, § 6;
Laws 2002, LB 407, § 62;
Laws 2002, LB 687, § 32;
Laws 2009, LB188, § 18;
Laws 2019, LB34, § 27.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1332 - City or county employee changed by Legislature to state employee; vesting of prior service retirement benefits; application; vested benefits.

84-1332.
City or county employee changed by Legislature to state employee; vesting of prior service retirement benefits; application; vested benefits.
(1) Any city or county employee who is a member under a city or county employees retirement system, including retirement systems authorized by section 23-1118, and whose status as a city or county employee is changed by the Legislature to that of a state employee shall, upon application to the Public Employees Retirement Board and to the city or county or to the county board of a county having a retirement system authorized by section 23-1118, obtain full and immediate vesting in any prior service retirement benefits and any future service retirement benefits which have been accrued to the date of transfer, except that the employee may withdraw the amount in his or her employee account prior to his or her retirement as provided in section 84-1321. Each employee's service as a city or county employee, after he or she has attained the minimum age required under the State Employees Retirement System of the State of Nebraska and has completed two years of service, shall be credited as though it were participation in the State Employees Retirement System of the State of Nebraska for purposes of calculating the termination benefits established by section 84-1321. Such service shall be counted as state service for purposes of calculating entitlement to retirement benefits under section 84-1319.
(2) Any city or county employee whose status as a city or county employee is or has been changed by the Legislature to that of a state employee shall be eligible for immediate participation in the State Employees Retirement System of the State of Nebraska with no minimum period of service required if the minimum age requirement of the State Employees Retirement System of the State of Nebraska is satisfied, or if the minimum age requirement is not satisfied on the date of transfer, the employee shall be eligible to participate at the date he or she satisfies the minimum age requirement.
Source
Laws 1973, LB 573, § 1;
Laws 1983, LB 604, § 27;
Laws 1984, LB 13, § 86;
Laws 1986, LB 325, § 22;
Laws 1986, LB 311, § 38;
Laws 1987, LB 549, § 13.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1333 - County employee changed by law to judge; vesting of prior service retirement benefits; vested benefits.

84-1333.
County employee changed by law to judge; vesting of prior service retirement benefits; vested benefits.
Any county employee who is a member under a county employees retirement system and whose status as a county employee is changed by the Legislature to that of a judge shall, upon application to the Public Employees Retirement Board and to the county, obtain full and immediate vesting in any prior service retirement benefits and any future service retirement benefits which have been accrued to the date of transfer, except that the employee may not withdraw the amount in his employee account prior to his retirement and still receive such vested benefits. Any such employee shall be eligible for immediate participation in the Nebraska Retirement Fund for Judges.
Source
Laws 1973, LB 573, § 2.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1408 - Declaration of intent; meetings open to public.

84-1408.
Declaration of intent; meetings open to public.
It is hereby declared to be the policy of this state that the formation of public policy is public business and may not be conducted in secret.
Every meeting of a public body shall be open to the public in order that citizens may exercise their democratic privilege of attending and speaking at meetings of public bodies, except as otherwise provided by the Constitution of Nebraska, federal statutes, and the Open Meetings Act.
Source
Laws 1975, LB 325, § 1;
Laws 1996, LB 900, § 1071;
Laws 2004, LB 821, § 35.
Annotations
Nebraska's public meetings laws do not apply to school board deliberations pertaining solely to disputed adjudicative facts. McQuinn v. Douglas Cty. Sch. Dist. No. 66, 259 Neb. 720, 612 N.W.2d 198 (2000).
The primary purpose of the public meetings law is to ensure that public policy is formulated at open meetings. Marks v. Judicial Nominating Comm., 236 Neb. 429, 461 N.W.2d 551 (1990).
The public meetings law is broadly interpreted and liberally construed to obtain the objective of openness in favor of the public, and provisions permitting closed sessions must be narrowly and strictly construed. Grein v. Board of Education of Fremont, 216 Neb. 158, 343 N.W.2d 718 (1984).
Although a committee was a subcommittee of a natural resources district board, it was not subject to the Open Meetings Act because there was never a quorum of board members in attendance and the committee did not hold hearings, make policy, or take formal action on behalf of the board. Koch v. Lower Loup NRD, 27 Neb. App. 301, 931 N.W.2d 160 (2019).
A county board of equalization is a public body whose meetings shall be open to the public. Wolf v. Grubbs, 17 Neb. App. 292, 759 N.W.2d 499 (2009).
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1415 - Open Meetings Act; requirements; waiver; validity of action.

84-1415.
Open Meetings Act; requirements; waiver; validity of action.
No motion, resolution, rule, regulation, ordinance, or formal action made, adopted, passed, or taken at a meeting as defined in section 84-1409 of a public body as defined in such section shall be invalidated because such motion, resolution, rule, regulation, ordinance, or formal action was made, adopted, passed, or taken at a meeting or meetings on or after March 17, 2020, and on or before April 30, 2021, pursuant to a Governor's Executive Order which waived certain requirements of the Open Meetings Act.
Source
Laws 2021, LB83, § 15.
Cross References
Open Meetings Act, see section 84-1407.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1502 - Board; chairperson; secretary; election; meetings; compensation; expenses.

84-1502.
Board; chairperson; secretary; election; meetings; compensation; expenses.
(1) Within thirty days after its appointment, the Public Employees Retirement Board shall meet and select a chairperson and secretary. Thereafter, the chairperson and the secretary shall be elected in January of each year.
(2) The board shall meet upon call of the chairperson or upon the request of three members of the board filed with the board office. Meetings of the board shall be held in this state and may be held by telecommunication equipment if the requirements of the Open Meetings Act are met.
(3) The members of the board, except the state investment officer, shall be paid seventy-five dollars per diem, and all members shall be reimbursed for expenses incurred in connection with the performance of their duties as board members as provided in sections 81-1174 to 81-1177.
Source
Laws 1971, LB 987, § 2;
Laws 1986, LB 311, § 39;
Laws 2004, LB 821, § 41;
Laws 2005, LB 503, § 18;
Laws 2019, LB33, § 7;
Laws 2020, LB381, § 136.
Cross References
Open Meetings Act, see section 84-1407.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1503.02 - Board; duties and responsibilities.

84-1503.02.
Board; duties and responsibilities.
(1) The appointed members of the Public Employees Retirement Board shall have the responsibility for the administration of the retirement systems pursuant to subdivision (1)(a) of section 84-1503, shall be deemed fiduciaries with respect to the administration of the retirement systems, and shall be held to the standard of conduct of a fiduciary specified in subsection (2) of this section. The nonvoting, ex officio member of the board shall not be deemed a fiduciary.
(2) As fiduciaries, the appointed members of the board shall discharge their duties with respect to the retirement systems solely in the interests of the members and beneficiaries of the retirement systems for the exclusive purposes of providing benefits to members and members' beneficiaries and defraying reasonable expenses incurred within the limitations and according to the powers, duties, and purposes prescribed by law at the time such duties are discharged. The appointed members of the board shall not have a duty in their official capacity to seek the enhancement of plan benefits through the legislative process if such benefits are not already contained within the plan documents. The appointed members of the board shall act with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims.
Source
Laws 1996, LB 847, § 53;
Laws 2006, LB 1019, § 18.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1503.03 - Director; employ personnel; employees; duties.

84-1503.03.
Director; employ personnel; employees; duties.
The director of the Nebraska Public Employees Retirement Systems shall employ qualified personnel as may be required to carry out the duties and responsibilities required under sections 84-1501 to 84-1513. Such employees shall be deemed state employees and covered by the State Personnel System pursuant to sections 81-1301 to 81-1368 and other personnel rules or regulations. The positions of the internal auditor and the attorney hired by the board pursuant to section 84-1503 shall be classified positions covered by the State Personnel System and shall not be noncovered positions under subsection (2) of section 81-1316. The director shall be exempt from the State Personnel System. All employees shall comply with state accounting regulations and applicable state and federal laws in the discharge of their duties.
Source
Laws 1996, LB 847, § 54;
Laws 1997, LB 623, § 48;
Laws 2001, LB 408, § 30;
Laws 2005, LB 364, § 21;
Laws 2005, LB 503, § 21;
Laws 2006, LB 1019, § 19.
2023 Nebraska Revised Statutes › Chapter 84 - State Officers › 84-1503.04 - Internal auditor; duties and responsibilities.

84-1503.04.
Internal auditor; duties and responsibilities.
The duties and responsibilities of the internal auditor employed by the Public Employees Retirement Board shall be consistent with the suggested standards for the professional practice of internal auditing as adopted by the Institute of Internal Auditors and include the following:
(1) Prepare a formal written three-year audit plan and work schedule each year and present them to the board;
(2) Conduct ongoing reviews of the internal procedures of the Nebraska Public Employees Retirement Systems and recommend improvements to the board;
(3) Ensure that the Nebraska Public Employees Retirement Systems' internal accounting and operational controls are appropriate and operating correctly and report inconsistencies to the board;
(4) Examine and evaluate system records and operating procedures; verify compliance with established plans, policies, procedures, and control systems; assure compliance with regulatory and statutory conditions; and assure adherence to generally accepted accounting and auditing principles and report inconsistencies to the board;
(5) Perform internal auditing functions, including review of contributions received and creditable service granted; review benefit payments for completeness of information, appropriateness, accuracy, and timeliness; verify accuracy of data and financial information reported to the systems' actuary for all applicable plans; and verify accuracy of data and financial information reported to the systems' record keeper for all applicable plans; and
(6) Develop standards to be used by independent auditors in their review of the practices and procedures used by various employers to provide for employee participation in the respective retirement systems included in subdivision (1)(a) of section 84-1503.
Source
Laws 2005, LB 503, § 20.