reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 18 - BENEFIT AND CONTRIBUTION ADJUSTMENTS › Section 303-18-009 - Appeals

Current through June 17, 2024
009.01 If a member, employer, or any other
				person affected by a proposed adjustment believes that such proposed adjustment
				is erroneous or improper, such member, employer, or other person may file a
				request for hearing. If the member, employer, or other affected person files a
				request for a hearing within thirty (30) days of the date notice of the
				proposed adjustment was mailed, NPERS shall suspend making the adjustment until
				after a hearing is held and a final decision is rendered by the Board. If no
				protest and request for hearing is received by NPERS within such thirty (30)
				day period, NPERS shall proceed to make the adjustment.
009.02 All hearings shall be held in
				accordance with the appeal procedures established by the Board under Title 303,
				Chapter 12 of the Nebraska Administrative Code, and the Administrative
				Procedure Act.
Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 18 - BENEFIT AND CONTRIBUTION ADJUSTMENTS › Section 303-18-010 - Statute of Limitations

Current through June 17, 2024
Every claim and demand under these regulations and against
				  NPERS or the Board shall be forever barred unless the action is brought within
				  two years of the time at which the claim accrued.
Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 19 - EMPLOYER AUDIT REQUIREMENTS › Section 303-19-001 - Scope of Rule

Current through June 17, 2024
The provisions of this regulation apply to the public
				  entities whose employees are eligible for membership in the Nebraska School
				  Retirement System, the Nebraska State Employees Retirement System, the
				  Retirement System for Nebraska Counties, the Nebraska Judges Retirement System,
				  and the Nebraska State Patrol Retirement System. This regulation requires that
				  compliance with certain statutory retirement plan provisions be reviewed during
				  any regularly scheduled audit of the public entity, and that a copy of any
				  audit report reflecting a finding of non-compliance be filed with the Nebraska
				  Public Employees Retirement Systems. This regulation also requires employers to
				  file annually a list of all employees employed the previous calendar
				  year.
Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 19 - EMPLOYER AUDIT REQUIREMENTS › Section 303-19-002 - Definitions

Current through June 17, 2024
002.01 Employee Contribution means the dollar
				amount statutorily required to be deducted from an employee's compensation for
				deposit into a retirement system.
002.02 Employer
Employer means the public entity required to contribute to
				  the Nebraska School Retirement System, the Nebraska State Employees Retirement
				  System, the Retirement System for Nebraska Counties, the Nebraska Judges
				  Retirement System, or the Nebraska State Patrol Retirement System on behalf of
				  its employees who are covered by such retirement system.
002.03 Employer Contribution
Employer Contribution means the dollar amount required to be
				  deposited into a retirement system by an employer to fund member
				  benefits.
002.04 Excess
				Contribution
Excess Contribution means an employee contribution or
				  employer contribution, or both, that is (a) greater than the statutorily
				  mandated deduction from compensation, (b) greater than the statutorily mandated
				  matching contribution required of an employer, (c) submitted on behalf of an
				  employee that is ineligible to participate in the retirement system, or (d)
				  improperly calculated on wages or salary representing compensation for unused
				  sick leave or unused vacation leave converted to cash payments (School, Judges
				  and Patrol Retirement Systems only), insurance premiums converted into cash
				  payments, reimbursement for expenses incurred, fringe benefits, or bonuses for
				  services not actually rendered, including, but not limited to, early retirement
				  inducements, cash awards, and severance pay, except for retroactive salary
				  payments paid pursuant to court order, arbitration, or litigation and grievance
				  settlements.
002.05
				Insufficient Contribution
Insufficient Contribution means an employee contribution or
				  employer contribution, or both, which is (a) less than the statutorily mandated
				  deduction from compensation, (b) less than the statutorily mandated matching
				  contribution required of an employer, (c) not timely remitted, (d) not remitted
				  due to administrative errors on the part of the employer, (e) not remitted due
				  to the failure of the employer to enroll the employee in the retirement system
				  when such employee was required to be enrolled, or 2. (f) due because of a
				  retroactive salary payment paid pursuant to court order, arbitration, or
				  litigation and grievance settlements.
002.06 Retirement System
Retirement System means the Nebraska School Retirement
				  System, the Nebraska State Employees Retirement System, the Retirement System
				  for Nebraska Counties, the Nebraska Judges Retirement System, or the Nebraska
				  State Patrol Retirement System, as appropriate under the
				  circumstances.
Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 19 - EMPLOYER AUDIT REQUIREMENTS › Section 303-19-003 - Audit Requirements

Current through June 17, 2024
003.01 During the course of any regularly
				scheduled, statutorily required audit of an employer, as defined in this
				regulation, the auditor shall check for compliance with the statutory
				retirement system membership and contribution provisions applicable to that
				employer. The employer's internal control structure for determining retirement
				system membership and contribution compliance shall be considered significant
				internal control systems to be audited and covered by the report on internal
				controls.
003.02 The audit shall
				include an examination of the employer's personnel records on current employees
				who are not enrolled as members in the retirement system to verify that such
				employees do not meet the requirements for mandatory membership. The audit
				shall also include an examination of the employer's personnel records on
				current employees who are members in the retirement system to verify that such
				employees meet all applicable requirements for membership.
003.03 The audit shall include an examination
				of the employer's payroll records to determine whether the employer has made
				any insufficient contributions or any excess contributions.
Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 19 - EMPLOYER AUDIT REQUIREMENTS › Section 303-19-004 - Audit Report

Current through June 17, 2024
004.01 All compliance deviations relative to
				the applicable statutory retirement system provisions shall be included by the
				auditor in the audit report or a written letter to management.
004.02 The employer shall submit a copy of
				the letter to management or that portion of the audit report pertaining to
				retirement system issues to the Nebraska Public Employees Retirement Systems
				office within thirty (30) days of receipt of the letter or audit report by the
				employer.
Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 19 - EMPLOYER AUDIT REQUIREMENTS › Section 303-19-005 - Annual List of Employees

Current through June 17, 2024
005.01 Except as provided in regulation
				005.03, on or before January 31st of each year, each employer shall compile a
				list of all employees that were on the employer's payroll during the prior
				calendar year. The list shall include each employee's name, social security
				number, current address, annual salary, date of hire, whether such employee was
				employed on a full-time or part-time basis, and whether such employee was
				employed on a permanent or temporary basis. With respect to employees who are
				not currently members of the retirement system, the employer shall provide a
				brief explanation of why such employee is not required to be
				enrolled.
005.02 The list required
				by this regulation shall be filed with the Nebraska Public Employees Retirement
				Systems on or before February 15th of each year in such format as the
				Retirement Systems office shall establish. The Retirement Systems office may
				require the employer to submit the list on electronic media.
005.03 The provisions of regulations 005.01
				and 005.02 shall not apply to an employer utilizing the Nebraska Employees
				Information System (NEIS), its successor system, or to an employer utilizing a
				computerized personnel database to which the Nebraska Public Employees
				Retirement Systems has access and the ability to monitor additions and
				deletions of employees.
Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 20 - INVESTMENT ALLOCATIONS AND TRANSFERS › Section 303-20-001 - Scope of this rule

Current through June 17, 2024
The provisions of this rule apply to members of the
				  Retirement System for Nebraska Counties and the State Employees Retirement
				  System who participate in the defined contribution option, to members of the
				  Deferred Compensation Plan, and to members of the State Patrol Retirement
				  System who have elected to participate in the Deferred Retirement Option Plan
				  (DROP).
Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 20 - INVESTMENT ALLOCATIONS AND TRANSFERS › Section 303-20-002 - Allocation and Transfer of Employee Contributions

Current through June 17, 2024
002.01 Members of the Retirement System for
				Nebraska Counties and members of the State Employees Retirement System who
				participate in the defined contribution option, members of the Deferred
				Compensation Plan, and members of the State Patrol Retirement System who have
				elected to participate in DROP, may allocate their employee contributions
				and/or transfer any portion of their employee account funds to the various
				investment options available under the retirement systems in increments of one
				whole percent (1%) in any proportion, including full allocation and/or transfer
				to any one option, or in a specific dollar amount.
002.02 The percentage of employee
				contributions allocated and/or transferred to the various investment options
				may be changed by the member by a secure electronic communications if
				sufficient proof of the member's identity is established through a personal
				identification number (PIN) or other industry-accepted means of verification,
				or by request on forms prescribed by the Nebraska Public Employees Retirement
				Systems. Change requests received on a business day will be processed within
				three (3) business days of receipt.
002.03 Funds invested in the stable value
				fund account shall be subject to restrictions on transfers depending upon the
				availability of liquid funds in such account. The Public Employees Retirement
				Board shall establish a percentage available for transfer each calendar quarter
				based upon information, advice and recommendations provided by the state
				investment officer. The percentage established by the Board shall be an amount
				which will permit the greatest amount of flexibility for all members of the
				retirement system whose contributions were invested in the stable return
				account to transfer funds out of the stable value fund account. Such percentage
				shall be limited as necessary to prevent members from incurring any surrender
				charges or other penalties for early termination of the guaranteed investment
				contracts into which such funds were invested.
002.04 Members shall not make direct
				transfers from the stable value fund account to the money market account or any
				comparable investment option established by the Board. Members wishing to move
				their funds between these accounts shall first pass them through one of the
				non-competing equity investment account options. The transferred funds must
				remain in a non-competing equity investment account for a minimum of three
				months.
Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 20 - INVESTMENT ALLOCATIONS AND TRANSFERS › Section 303-20-003 - Allocation and Transfer of Employer Contributions

Current through June 17, 2024
003.01 Members of the Retirement System for
				Nebraska Counties and members of the State Employees Retirement System of the
				State of Nebraska who participate in the defined contribution option, may
				allocate their employer contributions and/or transfer any portion of their
				employer account funds among the investment options available under the
				retirement systems in increments of one whole percent (1%) in any proportion,
				including full allocation and/or transfer to any one option, or in a specific
				dollar amount.
003.02 The
				percentage of employer contributions allocated and/or transferred to the
				investment options may be changed by a secure electronic communication if
				sufficient proof of the member's identity is established through a personal
				identification number (PIN) or other industry-accepted means of verification,
				or by request on forms prescribed by the Nebraska Public Employees Retirement
				Systems. Change requests received on a business day will be processed within
				three (3) business days of receipt.
Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 20 - INVESTMENT ALLOCATIONS AND TRANSFERS › Section 303-20-004 - Excessive Trading Restriction

Current through June 17, 2024
004.01 Purpose
The excessive trading restriction found in this section
				  limits the number of transfers permitted within a participant's account.
				  Excessive trading by one or many participants can have a detrimental effect on
				  other participants. In order to protect plan sponsors and participants, as well
				  as meet regulatory guidelines and Mutual Fund Partner requirements, this
				  section addresses this potential problem.
004.02 Only transactions that create the
				potential for market timing and excessive trading abuses will be subject to
				monitoring or trading restriction. Accordingly, only participant-initiated
				Exchange Purchases and Exchange Redemptions are monitored. The monitoring and
				trading restriction includes, but is not limited to, purchases and redemptions
				made as a result of a non-systematic reallocation or rebalancing transaction.
				The restriction is not affected by regular allocations of contributions, loans,
				or withdrawals.
004.03 An Exchange
				Redemption executed within sixty (60) days of an Exchange Purchase will result
				in monitoring of the participant's transactions for the Monitoring Period. A
				rolling sixty (60) day period begins immediately following a Round Trip (an
				Exchange Purchase followed by an Exchange Redemption).
004.04 A notice to the participant will be
				mailed after identifying an Exchange Purchase during the Monitoring Period.
				This notice will inform the participant that if the participant executes an
				Exchange Redemption during the remainder of the Monitoring Period, the
				participant will be subject to the trading restrictions.
004.05 Where a participant executes a Round
				Trip during the Monitoring Period, the participant will be prevented from
				initiating subsequent Exchange Purchases in that fund for a sixty (60) day
				period following the Exchange Redemption that violated this section.
004.06 All exchanges in other funds during
				the Purchase Restriction Period must be done via U.S. Mail. This provision
				excludes the use of phone, voice response, fax, web/internet, and
				hand-delivered means of executing trades.
004.07 The participant will be notified upon
				the imposition of the trading restrictions in this section.
004.08 Participant trading privileges will be
				restored automatically upon the expiration of the Purchase Restrictions
				Period.
004.09 NPERS' Mutual Fund
				Partners may have excessive trading policies that are more restrictive than
				this Excessive Trading Restriction. In the event there is a violation of such
				Mutual Fund Partner policy, additional restrictions may apply, as directed by
				the Mutual Fund Partner.
Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 21 - QUALIFIED DOMESTIC RELATIONS ORDERS › Section 303-21-001 - Scope of the Rule

Current through June 17, 2024
This regulation sets forth the procedures of the Nebraska
				  Public Employees Retirement Systems (NPERS) for the administration of qualified
				  domestic relations orders under the Spousal Pension Rights Act, Chapter 42,
				  article 11, of the Nebraska Revised Statutes. All terms used in this regulation
				  which are defined terms in the Spousal Pension Rights Act shall have the same
				  meaning as provided in the Spousal Pension Rights Act.
Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 21 - QUALIFIED DOMESTIC RELATIONS ORDERS › Section 303-21-002 - Procedure to Determine Qualified Status

Current through June 17, 2024
002.01 Upon receipt of a court certified or
				authenticated domestic relations order involving benefits under a statewide
				public retirement system, NPERS shall, within ten days, notify in writing the
				member and the alternate payee that NPERS has received the domestic relations
				order. If the order pertains to a member receiving benefits from the retirement
				system, NPERS shall suspend and segregate that portion of the member's benefit
				payment which would be payable to the alternate payee under the order if it is
				determined to be a qualified domestic relations order.
002.02 NPERS shall review the domestic
				relations order to determine whether it meets all of the requirements to be
				deemed a qualified domestic relations order as set forth in the Spousal Pension
				Rights Act and this regulation. NPERS shall specifically determine that the
				order clearly specifies:
002.02(a) The name
				and last-known mailing address, if any, of the member;
002.02(b) The name and last-known mailing
				address, if any, of the alternate payee covered by the order;
002.02(c) The statewide public retirement
				system to which the order applies;
002.02(d) The number of payments or period to
				which such order applies; and
002.02(e) The amount or percentage of the
				member's benefits to be paid by the statewide public retirement system to each
				alternate payee or the manner in which such amount or percentage is
				determined.
002.02(f) The social
				security number and date of birth of the member, as well as the social security
				number and date of birth of the alternate payee shall be provided in a separate
				document.
Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 21 - QUALIFIED DOMESTIC RELATIONS ORDERS › Section 303-21-004 - Pre-approved QDRO language

Current through June 17, 2024
004.01 A member or an alternate payee, or
				their legal representatives, may submit a proposed domestic relations order to
				NPERS for review and tentative qualification prior to the order being submitted
				to the court having jurisdiction over the domestic relations matter.
004.02 NPERS shall develop and provide, upon
				request, model domestic relations order language that meets all of the
				requirements of the Spousal Pension Rights Act.
004.03 Failure to use the model language
				provided pursuant to this regulation shall not be a basis for determining that
				the domestic relations order is not a qualified domestic relations
				order.
Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 21 - QUALIFIED DOMESTIC RELATIONS ORDERS › Section 303-21-005 - Administrative Hold on Account

Current through June 17, 2024
005.01 NPERS may place an administrative hold
				on a member's account prohibiting such member from withdrawing the account
				balance upon receiving written notice from a person claiming an interest in the
				member's account advising NPERS that proceedings to obtain a domestic relations
				order have been initiated and requesting an administrative hold on the account
				to protect their interest in the account.
005.02 NPERS shall immediately acknowledge
				receipt of the request for an administrative hold and shall notify the member
				and the person claiming an interest in the member's account of the action NPERS
				will be taking in response thereto.
005.03 NPERS shall release an administrative
				hold placed on the member's account if:
005.03(a) The member is awarded his or her
				entire benefit by the court and provides NPERS with a certified copy of the
				court's order;
005.03(b) The claim
				is released by a notarized written statement signed by the person claiming an
				interest in the member's account or by his or her legal
				representative;
005.03(c) NPERS
				receives a domestic relations order for qualification and the member's account
				is segregated accordingly; or,
005.03D(d) The person claiming an interest in
				the member's account does not provide a domestic relations order to be
				qualified within a reasonable period of time, not to exceed six (6) months,
				after requesting the administrative hold. Before releasing an administrative
				hold pursuant to this subsection, NPERS shall notify the person claiming an
				interest in the member's account, or his or her legal representative, of the
				intention to release the hold. NPERS shall provide the person claiming an
				interest in the member's account thirty (30) days within which to file a
				written objection to such action. For good cause shown, NPERS may extend the
				administrative hold for an additional period of time.
Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 21 - QUALIFIED DOMESTIC RELATIONS ORDERS › Section 303-21-006 - Notices

Current through June 17, 2024
006.01 Any notice required by this regulation
				shall be sent by first class mail, postage prepaid, to the last-known mailing
				addresses of the member and the alternate payee.
006.02 The member and the alternate payee may
				designate alternative representatives for receipt of copies of notices. Such
				designation of a representative must be in writing and received by NPERS before
				such designation shall become effective.
Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 22 - ELIGIBILITY AND VESTING CREDIT › Section 303-22-001 - Scope of the Rule

Current through June 17, 2024
This regulation governs the application process for
				  eligibility and vesting credit under the County Employees Retirement Act, the
				  School Employees Retirement Act, the State Patrol Retirement Act, and the State
				  Employees Retirement Act.
Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 22 - ELIGIBILITY AND VESTING CREDIT › Section 303-22-002 - Application Period and Qualifying Employment

Current through June 17, 2024
002.01 State and County Employees
Within the first 180 days of employment, a full-time employee
				  may apply to the board for vesting credit for years of participation in another
				  Nebraska governmental plan, as defined by section 414(d) of the Internal
				  Revenue Code. During the years of participation in the other Nebraska
				  governmental plan, the employee must have been a full-time
				  employee.
002.02 School
				Employees
Within the first 180 days of employment, a school employee
				  may apply to the board for eligibility and vesting credit for years of
				  participation in another Nebraska governmental plan, as defined by section
				  414(d) of the Internal Revenue Code. During the years of participation in the
				  other Nebraska governmental plan, the employee must have been a full-time or
				  part-time employee as defined in the Nebraska governmental plan in which the
				  credit was earned. Eligibility and vesting credit for part-time service shall
				  be granted on a proportional basis, reflecting the percentage of regularly
				  scheduled hours worked by the member under such other Nebraska governmental
				  plan.
002.03 State Patrol
				Members
Within the first 180 days of employment, a member may apply
				  to the board for eligibility and vesting credit for years of participation in
				  another Nebraska governmental plan, as defined by section 414(d) of the
				  Internal Revenue Code.
Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 22 - ELIGIBILITY AND VESTING CREDIT › Section 303-22-003 - Filing Requirements

Current through June 17, 2024
003.01 For purposes of computing the 180 day
				application periods specified in sections 002.01, 002.02, and 002.03,
				employment is deemed to commence on the first day that an eligible
				employee/member is required to commence performing services for the employer.
				Accepting an offer of employment or signing a contract of employment shall not
				constitute employment for purposes of computing the application period.
				Employment for State Patrol members shall be deemed to occur on the date such
				members become sworn officers. For purposes of this regulation, 180 days shall
				mean 180 calendar days.
003.02
				Application for eligibility and vesting credit shall be made on forms
				prescribed by the Nebraska Public Employees Retirement Systems (NPERS). NPERS
				shall provide application forms to the State, County, and Public School
				employers that are subject to the County Employees Retirement Act, the School
				Employees Retirement Act, the State Patrol Retirement Act, and the State
				Employees Retirement Act to distribute to all new employees. The employer shall
				provide each new employee an application form at the time of the employee's
				initial employment, the receipt of which shall be acknowledged in writing by
				the employee.
003.03 In order to
				receive credit, the application must be properly completed, signed by the
				applicant and timely filed with NPERS. The application shall be considered
				filed on time based on the date stamp the application is received by NPERS and
				shall be the date used to determine whether the application was timely
				filed.
003.04 Upon receipt of a
				properly completed and timely filed application, NPERS shall contact the
				applicant's former employer or retirement plan administrator to verify the
				applicant's previous governmental plan participation and to ascertain the
				applicant's eligibility to receive credit. NPERS shall notify the applicant if
				the applicant qualifies for eligibility and vesting credit.
Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 22 - ELIGIBILITY AND VESTING CREDIT › Section 303-22-004 - Limitations

Current through June 17, 2024
A person who has retired and returns to employment with an
				  employer covered by the same retirement system shall not receive credit for any
				  years of service which were included in computing such person's prior
				  retirement benefit.
Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 23 - COMPUTATION OF FINAL AVERAGE COMPENSATION FOR STATE PATROL AND JUDGES PLANS › Section 303-23-001 - Scope of the Rule

Current through June 17, 2024
This regulation governs the computation of Final Average
				  Compensation for purposes of determining retirement benefits under the Judges
				  Retirement System and the State Patrol Retirement System. The computation of
				  Final Average Compensation for purposes of determining retirement benefits
				  under the School Employees Retirement System is governed by 303 NAC, chapter
				  14. All terms used in this regulation that are defined terms in the retirement
				  act establishing each system herein shall have the same meaning as provided in
				  the related act.
Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 23 - COMPUTATION OF FINAL AVERAGE COMPENSATION FOR STATE PATROL AND JUDGES PLANS › Section 303-23-002 - Covered Compensation

Current through June 17, 2024
Under no circumstances shall a member receive a retirement
				  benefit based upon Final Average Compensation that includes compensation
				  encompassing more than thirty-six (36) months of creditable
				  service.
Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 23 - COMPUTATION OF FINAL AVERAGE COMPENSATION FOR STATE PATROL AND JUDGES PLANS › Section 303-23-003 - Employer Reports

Current through June 17, 2024
Retirement contribution remittance reports filed with the
				  Nebraska Public Employees Retirement Systems by employers shall clearly
				  identify the period services were rendered by the member for which the reported
				  compensation applies.
Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 24 - BENEFIT OPTIONS AND DISTRIBUTION RULES › Section 303-24-001 - Scope of the Rule

Current through June 17, 2024
This regulation sets forth the retirement benefit options
				  available to members of the Nebraska State Employees Retirement System, the
				  Retirement System for Nebraska Counties, the Nebraska School Retirement System,
				  and the Nebraska Judges Retirement System. This regulation also sets forth
				  rules to ensure compliance with Internal Revenue Code section 401(a)(9)
				  regarding required distributions.
Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 24 - BENEFIT OPTIONS AND DISTRIBUTION RULES › Section 303-24-003 - State and County Retirement Systems

Current through June 17, 2024
003.01 Members of the Nebraska State
				Employees Retirement System and members of the Retirement System for Nebraska
				Counties who participate in the defined contribution option may elect to
				receive a retirement benefit under the following options:
003.01(a) Life Only Annuity;
003.01(b) Modified Cash Refund
				Annuity;
003.01(c) Period Certain
				and Continuous Annuity (5, 10, and 15 years);
003.01(d) Joint and Survivor Annuity (50%,
				75% and 100%);
003.01(e)
				Non-spousal Joint and Survivor Annuity (50%);
003.01(f) Designated Period Annuity (5, 10,
				15, and 20 years);
003.01(g) Lump
				Sum;
003.01(h) Systematic
				Withdrawal;
003.01(i) Rollover;
				or,
003.01(j) A defined
				contribution member may settle their account balance by selecting any
				combination of the following distribution options: lump sum, rollover,
				systematic withdrawal and/or annuity option.
Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 24 - BENEFIT OPTIONS AND DISTRIBUTION RULES › Section 303-24-004 - School Retirement System

Current through June 17, 2024
004.01 Members of the Nebraska School
				Retirement System may elect to receive a monthly retirement benefit under one
				of the following options:
004.01(a) Life Only
				Annuity;
004.01(b) Modified Cash
				Refund Annuity;
004.01(c) Period
				Certain and Continuous Annuity (5, 10, and 15 years);
004.01(d) Joint and Survivor Annuity (50%,
				75% and 100%);
004.01(e)
				Non-spousal Joint and Survivor Annuity (50%).
Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 24 - BENEFIT OPTIONS AND DISTRIBUTION RULES › Section 303-24-005 - Judges Retirement System

Current through June 17, 2024
005.01 Members of the Nebraska Judges
				Retirement System may elect to receive a retirement benefit under one of the
				following options:
005.01(a) Modified Cash
				Refund Annuity;
005.01(b) Life Only
				Annuity;
005.01(c) Period Certain
				and Continuous Annuity (5, 10, and 15 years);
005.01(d) Judges Joint and Survivor Annuity
				(50%, 66 2/3% and 100%); or
005.01(e) Judges Joint and Last Survivor
				Annuity (50%, 66 2/3% and 100%).
Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 24 - BENEFIT OPTIONS AND DISTRIBUTION RULES › Section 303-24-006 - Minimum Distribution Rules

Current through June 17, 2024
To the extent that provisions of the State Employees
				  Retirement Act, the County Employees Retirement Act, the School Employees
				  Retirement Act, the Nebraska State Patrol Retirement Act, and the Judges
				  Retirement Act do not impose more restrictive distribution requirements, the
				  following rules shall apply to ensure that retirement benefit distributions to
				  members and their beneficiaries comply with the minimum distribution
				  requirements of section 401(a)(9) of the Internal Revenue Code. Furthermore, in
				  order to comply with the minimum distribution incidental benefit rule set forth
				  in Internal Revenue Service regulations, the Board may restrict a member's
				  choice of annuity options as necessary to ensure that plan distributions are
				  for the primary benefit of the member and any payments to beneficiaries are
				  merely incidental.
Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 24 - BENEFIT OPTIONS AND DISTRIBUTION RULES › Section 303-24-007 - Ability to Make Retirement Option Changes

Current through June 17, 2024
007.01 Members of the Judges and School
				Employees Retirement Systems may change their retirement option selection any
				time prior to the effective date of the member's retirement.
007.02 Members of the County and State
				Employees Retirement Systems may change their retirement option selection any
				time prior to the effective date of the member's retirement.
Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 24 - BENEFIT OPTIONS AND DISTRIBUTION RULES › Section 303-24-008 - Death of a Member or Beneficiary

Current through June 17, 2024
008.01 If a member makes an eligible
				application for benefit payment but dies prior to their retirement date, then
				the member will be treated as having not made application for benefit payment.
				NPERS will handle the resulting benefit payment distribution as a death benefit
				pursuant to Nebraska statutory law associated with the member's retirement
				plan. A member's death before the member's retirement date will be treated as a
				pre-retirement death, and NPERS will distribute benefits accordingly under plan
				provisions.
008.02 If a beneficiary
				receiving a death benefit dies within a guarantee period and there are still
				payments remaining to be paid to the beneficiary, then a discounted lump sum
				shall be paid to the beneficiary's estate instead of continuing the stream of
				remaining annuity payments to the deceased beneficiary.
Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 25 - TRANSFER OF MUNICPAL EMPLOYEE TO RETIREMENT SYSTEM FOR NEBRASKA COUNTIES › Section 303-25-001 - Scope of the Rule

Current through June 17, 2024
The provisions of this rule shall apply to a fulltime or
				  part-time employee of a city, village, fire protection district, or township,
				  who either becomes a county employee pursuant to a merger of services or
				  becomes a municipal county employee, and as a result of such change transfers
				  funds from the employee's existing retirement plan to the Retirement Plan for
				  Nebraska Counties.
Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 25 - TRANSFER OF MUNICPAL EMPLOYEE TO RETIREMENT SYSTEM FOR NEBRASKA COUNTIES › Section 303-25-002 - Transfer Due to a Merger of Services

Current through June 17, 2024
002.01 A fulltime or part-time employee of a
				city, village, or township who becomes a county employee pursuant to a merger
				of services, may transfer to the retirement system an amount equal to the sum
				of all deductions for retirement that were made from the employee's
				compensation, plus earnings, during such period of employment with the city,
				village, or township.
002.02
				Payment shall be made within five (5) years after the merger or prior to
				retirement, whichever comes first, and may be made through a direct transfer or
				rollover.
Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 25 - TRANSFER OF MUNICPAL EMPLOYEE TO RETIREMENT SYSTEM FOR NEBRASKA COUNTIES › Section 303-25-003 - Transfer from Other Governmental Plan

Current through June 17, 2024
003.01 A fulltime or part-time employee of a
				city, village, fire protection district, or township who becomes a municipal
				county employee shall transfer all of his or her funds in the retirement system
				of the city, village, fire protection district, or township by paying to the
				Retirement System for Nebraska Counties from funds held by the retirement
				system of the city, village, fire protection district, or township an amount
				equal to one of the following:
003.01(a) If
				the retirement system of the city, village, fire protection district, or
				township maintains a defined benefit plan, an amount not to exceed the initial
				benefit transfer value as provided in Neb. Rev. Stat. §
										13-2401,
				leaving no funds attributable to the transferred employee within the retirement
				system of the city, village, fire protection district, or township;
				or
003.01(b) If the retirement
				system of the city, village, fire protection district, or township maintains a
				defined contribution plan or cash balance plan, an amount not to exceed the
				employee and employer accounts of the transferring employee plus earnings
				during the period of employment with the city, village, fire protection
				district, or township. The employee shall receive vesting credit for his or her
				years of service in a governmental plan, as defined in section 414(d) of the
				Internal Revenue Code, maintained by the city, village, fire protection
				district, or township.
Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 25 - TRANSFER OF MUNICPAL EMPLOYEE TO RETIREMENT SYSTEM FOR NEBRASKA COUNTIES › Section 303-25-004 - Required Documentation

Current through June 17, 2024
004.01 004.01 Upon becoming a member of the
				Retirement System for Nebraska Counties, the employee shall provide
				documentation and information on forms prescribed by the Retirement Board,
				which will include, in part, the following:
004.01(a) the sum of all deductions for
				retirement that were made from the employee's compensation, plus earnings,
				during such period of employment;
004.01(b) the amount of the initial benefit
				transfer value; and
004.01(c) the
				amount of the employee and employer accounts of the transferring employee plus
				earnings.
Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 25 - TRANSFER OF MUNICPAL EMPLOYEE TO RETIREMENT SYSTEM FOR NEBRASKA COUNTIES › Section 303-25-005 - Acceptance of Rollover Contributions

Current through June 17, 2024
005.01 Cash transferred as a rollover
				contribution to the Retirement System for Nebraska Counties shall be deposited
				as a contribution to the member's account.
005.02 The Retirement System for Nebraska
				Counties may accept direct rollover distributions made from a qualified trust
				pursuant to section 401(a)(31) of the Internal Revenue Code.
Nebraska Administrative Code › Topic - PUBLIC SERVICE COMMISSION › Title 291 - NEBRASKA PUBLIC SERVICE COMMISSION › Chapter 1 - RULES OF COMMISSION PROCEDURE › Section 291-1-001 - DEFINITIONS

Current through June 17, 2024
The following definitions apply:
001.01 Applicant means a party or parties who
				have filed an application with the Commission.
001.02 Application means an initial pleading
				seeking Commission action.
001.03
				Argument means the oral statement of the petitioner or any other party which
				explains his or her view of the facts and issue to be decided, the law
				applicable to the question presented, and the reasoning that connects the facts
				and law.
001.04 Commission means the
				Nebraska Public Service Commission.
001.05 Common Carrier means a person
				transporting passengers or goods or providing telecommunications services for
				hire to the general public at large in Nebraska intrastate commerce.
001.06 Contested Case means a proceeding
				before the Commission in which the legal rights, duties, or privileges of
				specific parties are required by law or constitutional right to be determined
				after hearing before the Commission.
001.07 Contract Carrier means a person
				transporting passengers or goods or providing telecommunications services for
				hire, other than as a common carrier, in Nebraska intrastate
				commerce.
001.08 Declaratory Order
				Proceeding means a proceeding initiated by a petitioner seeking issuance of a
				binding order by the Commission as to the applicability of specified
				circumstances to a statute, rule, regulation, or order within the primary
				jurisdiction of the Commission.
001.09 Departmental Complaint means a
				complaint filed by a director of a department alleging a violation of a
				statute, rule or Commission order and seeking relief.
001.10 Executive Director means the
				designated person in charge of the daily operations of the
				Commission.
001.11 Ex parte
				Communication means an oral or written communication which is not on the record
				in a contested case with respect to which reasonable notice to all parties was
				not given. Ex parte communication will not include:
001.11A Communications which do not pertain
				to the merits of a contested case;
001.11B Communications required for the
				disposition of ex parte matters as authorized by law;
001.11C Communications in a ratemaking or
				rulemaking proceeding except with respect to any proceedings in which the
				public advocate is a party as set forth in 002.11B; and
001.11D Communications to which all parties
				have given consent.
Nebraska Administrative Code › Topic - PUBLIC SERVICE COMMISSION › Title 291 - NEBRASKA PUBLIC SERVICE COMMISSION › Chapter 1 - RULES OF COMMISSION PROCEDURE › Section 291-1-002 - GENERAL RULES OF PRACTICE AND PROCEDURE

Current through June 17, 2024
002.01
Office Hours:
Commission office hours are 8:00 a.m. to
				5:00 p.m., Monday through Friday, except for holidays as defined by state
				statute.
002.02
Computation of Time:
In computing time prescribed or
				allowed by these rules and regulations or by any applicable statute in which
				the method of computing time is not specifically provided, days will be
				computed by excluding the day of the act or event and including the last day of
				the period. If the last day of the period falls on a Saturday, Sunday, or state
				holiday, the period will include the next working day. When the period of time
				prescribed or allowed is less than five (5) days, intermediate Saturdays,
				Sundays and holidays will be excluded in the computation.
002.03
Copies:
Unless otherwise specified, persons filing a pleading, comments or other
				filings, must furnish to the Commission an original, a paper copy and an
				electronic copy either via e-mail or other electronic media.
002.04
Appearances:
002.04A
Individual:
An individual may appear on his or her own behalf before the
				Commission.
002.04B
On
				Behalf of Another:
An individual may appear on behalf of another
				person and elicit testimony from witnesses if such individual is admitted to
				practice law before the Nebraska Supreme Court or is admitted to practice law
				before the Supreme Court of any other state and has been admitted to practice
				before the Commission in a proceeding upon a motion by a person admitted to
				practice before the Nebraska Supreme Court.
002.04C
On Behalf of Another by
				Limited Appearance:
An individual who is neither admitted to
				practice law before the Nebraska Supreme Court nor the Supreme Court of any
				other state may appear for a governmental subdivision, corporation, association
				or partnership for the sole purpose of making a statement on behalf of such
				person, but may not elicit testimony from any other person.
Nebraska Administrative Code › Topic - PUBLIC SERVICE COMMISSION › Title 291 - NEBRASKA PUBLIC SERVICE COMMISSION › Chapter 1 - RULES OF COMMISSION PROCEDURE › Section 291-1-003 - RULES OF PRACTICE AND PROCEDURE FOR HEARINGS IN CONTESTED CASES

Current through June 17, 2024
003.01
Contested
				Case:
A matter filed with the Commission is deemed to be a
				contested case if:
003.01A a person files a
				petition or application with the Commission and a person files a formal
				intervention or protest within thirty (30) days of the date notice is
				published;
003.01B a person files a
				formal complaint with the Commission;
003.01C a departmental complaint is filed
				with the Commission; or
003.01D a
				matter is declared to be a contested case upon the Commission's own
				motion.
Nebraska Administrative Code › Topic - PUBLIC SERVICE COMMISSION › Title 291 - NEBRASKA PUBLIC SERVICE COMMISSION › Chapter 1 - RULES OF COMMISSION PROCEDURE › Section 291-1-004 - FORMAL AND DEPARTMENTAL COMPLAINTS

Current through June 17, 2024
004.01
Applicability:
The following apply to formal
				complaints and departmental complaints in addition to the requirements set
				forth in section 004. To the extent a conflict exists between section 003 and
				004 with respect to a formal complaint or departmental complaint, section 004
				controls.
004.02
Departmental Complaint:
004.02A A departmental complaint must contain
				the name of the complainant, the name of the respondent, a clear and concise
				allegation of each offense in terms of each applicable statute, rule or
				Commission order, the requested relief, and be signed by the
				complainant.
004.02B An answer to a
				departmental complaint must be filed and must admit or deny each material
				allegation of the departmental complaint. The answer must set forth any
				affirmative defense which respondent may assert.
004.02B1 The answer must be filed with the
				Commission within twenty (20) days after service of the complaint.
004.02B2 Except for good cause shown, failure
				to answer will be construed as an admission of the allegations in the
				complaint. The fact that a failure to answer will be construed as an admission
				to the allegations in the complaint must be included in the complaint served
				upon respondent.