reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 13 - COMPENSATION FOR RETIREMENT CONTRIBUTIONS AND BENEFITS › Section 303-13-003 - Compensation with respect to the School Plan

Current through June 17, 2024
003.01 Compensation means gross wages or
				salaries payable to the member for personal services performed during the plan
				year and cludes (i) overtime pay, (ii) member retirement contributions, (iii)
				retroactive salary payments paid pursuant to court order, arbitration, or
				litigation and grievance settlements, (iv) amounts voluntarily contributed at
				the member's direction to plans under sections 125, 403(b), and 457 of the
				Internal Revenue Code or any other section of the code which defers or excludes
				such amounts from income, (v) flat salary amounts and (vii) other similar
				amounts, contributions or payments as determined by NPERS based on relevant
				facts and circumstances.
003.02
				Compensation does not include (i) fraudulently obtained amounts as determined
				by NPERS, (ii) amounts for unused sick leave or unused vacation leave converted
				to cash payments, whether received directly by the member or mandatorily
				deposited at the employer's direction into to plans under sections 125, 403(b),
				and 457 of the Internal Revenue Code or any other section of the code which
				defers or excludes such amounts from income, (iii) insurance premiums converted
				into cash payments, whether received directly by the member or mandatorily
				deposited at the employer's direction into to plans under sections 125, 403(b),
				and 457 of the Internal Revenue Code or any other section of the code which
				defers or excludes such amounts from income, (iv) reimbursement for expenses
				incurred by the member, (v) fringe benefits, (vi) per diems paid as expenses,
				(vii) bonuses for services not actually rendered, including, but not limited
				to, early retirement inducements, cash awards, and severance pay, (viii)
				beginning on September 4, 2005, employer contributions made for the purposes of
				separation payments made at retirement and early retirement inducements as
				provided for in the School Employees Retirement Act and (ix) other similar
				amounts, contributions or payments as determined by NPERS based on relevant
				facts and circumstances.
003.03 For
				purposes of determining a member's final average compensation in connection
				with calculation of such member's retirement benefit Compensation shall be
				adjusted as provided in Title 303 NAC, Chapter 14.
Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 13 - COMPENSATION FOR RETIREMENT CONTRIBUTIONS AND BENEFITS › Section 303-13-004 - Compensation with respect to the Judges Plan

Current through June 17, 2024
Compensation means the statutory salary of a judge or the
				  salary being received by such judge pursuant to law. Compensation does not
				  include compensation for unused sick leave or unused vacation leave converted
				  to cash payments, insurance premiums converted into cash payments,
				  reimbursement for expenses incurred, fringe benefits, per diems, 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. Compensation includes overtime pay, member retirement
				  contributions, and 3. amounts contributed by the member to plans under sections
				  125 and 457 of the Internal Revenue Code as defined in section
				  49-801.01
				  or any other section of the code which defers or excludes such amounts from
				  income.
Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 13 - COMPENSATION FOR RETIREMENT CONTRIBUTIONS AND BENEFITS › Section 303-13-005 - Compensation with respect to the Patrol Plan

Current through June 17, 2024
Compensation means gross wages or salaries payable to the
				  member for personal services performed during the plan year. Compensation does
				  not include insurance premiums converted into cash payments, reimbursement for
				  expenses incurred, fringe benefits, per diems, 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.
				  For any officer employed after January 4, 1979, compensation does not include
				  compensation for unused sick leave or unused vacation leave converted to cash
				  payments. Compensation includes overtime pay, member retirement contributions,
				  and amounts contributed by the member to plans under sections 125 and 457 of
				  the Internal Revenue Code as defined in section
				  49-801.01
				  or any other section of the code which defers or excludes such amounts from
				  income.
Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 13 - COMPENSATION FOR RETIREMENT CONTRIBUTIONS AND BENEFITS › Section 303-13-006 - Compensation with respect to the County Plan and the State Plan

Current through June 17, 2024
006.01 Compensation means gross wages or
				salaries payable to the member for personal services performed during the plan
				year and includes (i) overtime pay, (ii) member retirement contributions, (iii)
				retroactive salary payments paid pursuant to court order, arbitration, or
				litigation and grievance settlements, and (iv) amounts contributed by the
				member to plans under sections 125, 403(b), and 457 of the Internal Revenue
				Code as defined in section
				49-801.01
				or any other section of the code which defers or excludes such amounts from
				income.
006.02 Compensation does
				not include (i) fraudulently obtained amounts as determined by the retirement
				board, (ii) amounts for unused sick leave or unused vacation leave converted to
				cash payments, (iii) insurance premiums converted into cash payments, (iv)
				reimbursement for expenses incurred, (v) fringe benefits, (vi) per diems paid
				as expenses, (vii) bonuses for services not actually rendered, including, but
				not limited to, early retirement inducements, cash awards, and severance pay,
				or (viii) beginning on September 4, 2005, employer contributions made for the
				purposes of separation payments made at retirement and early retirement
				inducements as provided for in section
				79-514.
Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 13 - COMPENSATION FOR RETIREMENT CONTRIBUTIONS AND BENEFITS › Section 303-13-007 - Internal Revenue Code Limitations

Current through June 17, 2024
Compensation in excess of the limitations set forth in
				  section 401(a)(17) of the Internal Revenue Code as defined in section
				  49-801.01
				  shall be disregarded. For an employee who was a member of the County Plan, the
				  Judges Plan, the School Plan, the Patrol Plan or the State Plan before the
				  first plan year beginning after December 31, 1995, the limitation on
				  compensation shall not be less than the amount which was allowed to be taken
				  into account under the retirement system as in effect on July 1,
				  1993.
Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 14 - CAPPING OF RETIREMENT COMPENSATION › Section 303-14-001 - Scope of the Rule

Current through June 17, 2024
This rule governs the procedures for applying compensation
				  limits contained in the School Employees Retirement System (School Plan) and
				  Nebraska State Patrol Retirement System (Patrol Plan), and calculating the
				  retirement annuity for the School Plan and Patrol Plan with respect to members
				  who are eligible to receive a retirement benefit.
Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 14 - CAPPING OF RETIREMENT COMPENSATION › Section 303-14-002 - Definitions

Current through June 17, 2024
002.01 For School Plan members, all terms
				used in this chapter which are defined in the School Employees Retirement Act,
				as clarified by the Rules and Regulations promulgated by the PERB, shall be so
				defined for purposes of this chapter unless the context otherwise clearly
				requires.
002.02 For Patrol Plan
				members, all terms used in this chapter which are defined in the Nebraska State
				Patrol Retirement Act, as clarified by the Rules and Regulations promulgated by
				the PERB, shall be so defined for purposes of this chapter unless the context
				otherwise clearly requires.
002.03
				"Adjusted Compensation" means an amount equal to the member's compensation for
				a plan year during the capping period as modified, if at all, pursuant to the
				applicable statutory capping provisions and/or 303 NAC §
				14-003.02.
002.04 "Base Year" means
				the plan year immediately preceding the capping period.
002.05 "Board" or "PERB" shall mean the
				Nebraska Public Employees Retirement Board.
002.06 [Repealed]
002.07 [Repealed]
002.08 [Repealed]
Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 14 - CAPPING OF RETIREMENT COMPENSATION › Section 303-14-003 - Conventions for Calculation of Final Average Compensation or Final Average Monthly Compensation

Current through June 17, 2024
003.01
DETERMINATION OF 12-MONTH
				PERIODS .
003.01(a) The
				calculation of a School Plan member's final average compensation shall commence
				by dividing the entirety of the member's service with all public schools into a
				succession of 12 month periods, with the last such period ending the month
				during which the member's final compensation date occurs.
003.01(b) The calculation of a Patrol Plan
				member's final average monthly compensation shall commence by dividing the
				entirety of the member's service with the Nebraska State Patrol into a
				succession of 12 month periods, with the last such period ending the month
				during which the member's compensation is paid.
003.01(c) For example, and illustrative
				purposes only, if a member's final compensation date occurs during August of a
				given year, the member's service shall be divided into a series of the 12-month
				periods, each of which shall begin with the month of September and end with the
				month of August.
Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 14 - CAPPING OF RETIREMENT COMPENSATION › Section 303-14-004 - Consistency of Reporting; Annualization, Proration, and Reallocation of Compensation

Current through June 17, 2024
004.01 A member's retirement benefit is not
				to be enhanced or reduced solely as a result of (a) inconsistent timing in the
				payment or reporting of compensation by the member's employer or (b) an
				irregular work schedule. Therefore, to ensure consistent treatment of members
				of the same plan, NPERS shall, when the facts and circumstances dictate:
004.01(a) plot a member's monthly
				compensation in a consistent manner to account for inconsistent or untimely
				reporting or payment of compensation by the member's employer; and/or
004.01(b) annualize, prorate, or reallocate a
				member's reported compensation.
Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 14 - CAPPING OF RETIREMENT COMPENSATION › Section 303-14-005 - Covered Compensation

Current through June 17, 2024
005.01 Under no circumstances shall an
				individual who became a School Plan member before July 1, 2013, receive a
				retirement benefit based upon a final average compensation that includes
				compensation encompassing more than thirty-six (36) months of creditable
				service.
005.02 Under no
				circumstances shall an individual who became a School Plan member on or after
				July 1, 2013, receive a retirement benefit based upon a final average
				compensation that includes compensation encompassing more than sixty (60)
				months of creditable service.
005.03 Under no circumstances shall an
				individual who became a Patrol Plan member on or after July 1, 2016, receive a
				retirement benefit based upon a final average monthly compensation that
				includes compensation encompassing more than sixty (60) months of creditable
				service.
Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 15 - PURCHASE OF SERVICE CREDIT › Section 303-15-001 - Scope of the Rule

Current through June 17, 2024
The provisions of this regulation apply to members of the
				  Nebraska Public Employees Retirement Systems which are the Judges, State Patrol
				  and School Employees Retirement Systems and the State and County Employees
				  Retirement Systems.
Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 15 - PURCHASE OF SERVICE CREDIT › Section 303-15-003 - Repayment of Refund (School Plan Members Only)

Current through June 17, 2024
003.01 General Provisions
003.01(a) Except as otherwise provided in
				this Section 003, all general provisions in Section 002 and methods of
				purchasing service as defined in Section 007 in this regulation will apply to
				the restoration of relinquished creditable service by repayment of a
				refund.
003.01(b) From and after
				April 17, 2014, the cost of repaying a refund with respect to a member of the
				School Retirement System will be an amount equal to the member contributions
				for the years of relinquished creditable service being repurchased plus
				interest in an amount equal to the actuarial assumed rate of return on such
				amount to the date of repayment. A member must be a contributing member after
				reemployment in order to repay a refund.
003.01(c) Refunded service must be purchased
				from oldest fiscal year to newest fiscal year and the member must purchase the
				exact amount of creditable service earned in each fiscal year. Fiscal years
				where creditable service was not earned will not be included in the repayment
				of a refund.
003.01(d) Before the
				repayment of a refund will be processed by NPERS, the member's service must be
				verified.
Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 15 - PURCHASE OF SERVICE CREDIT › Section 303-15-004 - Out-of-State Service (School Plan Members Only)

Current through June 17, 2024
004.01 For purposes of this regulation,
				out-of-state service shall mean creditable service rendered in public schools
				in another state or schools in this state covered by the school retirement
				system established pursuant to Neb. Rev. Stat. §
									79-979
				and subject to the limitations established by law.
004.02 All general provisions in Section 002
				and methods of purchasing service as defined in Section 007 of this regulation
				will apply to the purchase of out-of-state service.
004.03 Service for the out-of-state service
				must be verified on forms prescribed by NPERS before the actual cost of
				purchase can be determined
004.04
				The cost of purchasing out-of-state service is the actuarial cost of the
				service incurred by the School Employees Retirement System for allowing such
				additional service credit to the employee.
004.05 A member's out-of-state service credit
				may not exceed the amount of service credit the member actually accrues as a
				school employee in the State of Nebraska. When a member who has purchased
				out-of-state service credit ceases employment and applies for monthly
				retirement benefits, the years of service credit attributable to in-state
				service with a covered employer shall be compared with the years of
				out-of-state service credit that were purchased. If the years of out-of-state
				service by the member exceed the years of the member's in-state service, the
				excess years of out-of-state service will be eliminated in determining the
				member's benefits under the School Employees Retirement Plan. The member, if
				under contract or employed by a covered employer on or after July 19, 1996,
				shall receive a refund of the cost of the out-of-state service that had been
				purchased by the member but which is eliminated under this regulation. No
				interest shall be paid on the refund.
004.06 Fractional years of out-of-state
				service for a member of the Nebraska School Retirement System may be
				purchased.
004.07 When determining
				the code section 415 benefit limits at the time a member commences benefit
				payments, the high three consecutive years of section 415 compensation must be
				compensation from the covered employer. This means the out-of-state
				compensation cannot be used to determine the limit.
Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 15 - PURCHASE OF SERVICE CREDIT › Section 303-15-005 - Leave of Absence (School Plan Members Only)

Current through June 17, 2024
005.01 All general provisions in Section 002
				and methods of purchasing service as defined in Section 007 of this regulation
				will apply to the purchase of service for a leave of absence, as defined by
				law.
005.02 Verification of the
				leave, as approved by the school employer, must be received by NPERS before the
				actual cost of purchase can be determined. If the cost of purchasing service
				credit is based upon interest, then the member's compensation immediately prior
				to the leave must be verified by the school employer.
005.03(a) The cost of purchasing service
				credit for a leave of absence is computed actuarially unless subsection
				005.03(b) of this
				section applies.
005.03(b) A member
				who was hired or rehired prior to July 19, 1996, who has not changed employers
				since that date and who has elected to pay for the leave of absence within
				three (3) years of returning from the leave and indicating such on forms
				prescribed by NPERS, shall pay the cost of purchasing service credit for a
				leave of absence, which includes member and school district contributions that
				would have been made during the period of leave had the member been actively
				working in a public school, based on the compensation received immediately
				prior to the leave, plus the regular interest on contributions that would have
				accrued.
Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 15 - PURCHASE OF SERVICE CREDIT › Section 303-15-006 - Repayment of Refund (Judges and State Patrol Members Only)

Current through June 17, 2024
006.01 All general provisions in Section 002
				and methods of purchasing service as defined in Section 007 in this regulation
				will apply to repayment of a refund.
006.02 The cost of repaying a refund includes
				member contributions for service years being purchased and regular interest
				that would have been accrued on those contributions. The member must be a
				contributing member upon reemployment in order to repay a refund.
Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 16 - MILITARY SERVICE CREDIT AND REEMPLOYMENT › Section 303-16-001 - Scope of the Rule

Current through June 17, 2024
This rule governs the procedures for granting service credit
				  and contributions upon reemployment following military service, as contained in
				  Neb. Rev. Stat. § 23-2323.01 in the County Employees Retirement Act
				  (County plan), § 24-710.04 in the Judges Retirement Act (Judges plan),
				  § 79-926 in the School Employees Retirement Act (School plan), §
				  81-2034 in the State Patrol Retirement Act (State Patrol plan), and §
				  84-1325 in the State Employees Retirement Act (State plan). This rule
				  implements the provisions of the Uniformed Services Employment and Reemployment
				  Rights Act,
				  38 U.S.C. §§
										4301 et seq., for the retirement plans
				  administered by the Public Employees Retirement Board under Neb. Rev. Stat.
				  §
									84-1503(1)(a).
Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 16 - MILITARY SERVICE CREDIT AND REEMPLOYMENT › Section 303-16-002 - Definitions

Current through June 17, 2024
002.01 Agency means the Nebraska Public
				Employees Retirement Systems referenced in Neb. Rev. Stat. §
									84-1503(1)(a).
002.02 Board means the Public Employees
				Retirement Board created by Neb. Rev. Stat. § 84-1501.
002.03 Employer means:
(a) the State of Nebraska for the Judges
				Plan, the State Patrol Plan, and the State Plan;
(b) an employer covered by the School
				Employees Retirement Act for the School Plan; and,
(c) a county employer covered by the County
				Employees Retirement Act for the County Plan.
Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 16 - MILITARY SERVICE CREDIT AND REEMPLOYMENT › Section 303-16-003 - Notification Requirement and Election of Military Service Credit for all Plans

Current through June 17, 2024
003.01 Current service while employed by an
				employer of a retirement plan administered by the Board in Neb. Rev. Stat.
				§
									84-1503(1)(a)
				shall not be deemed to be interrupted by qualified military service, when
				properly authorized by the Board.
003.02 At the time a military leave
				commences, the employer and/or the member shall notify the Agency of the leave
				and the expected length of the leave on forms prescribed by the Agency. The
				employer may require a member to indicate in advance and notify the Agency if
				the member intends to request military service credit at the time of his or her
				return to work.
003.03 A request to
				obtain military service credit may be made by the member on forms prescribed by
				the Agency within one (1) year following the date of reemployment with an
				employer. An application form prescribed by the Agency must be filed and
				verification of the beginning and ending dates of a member's military leave, as
				well as the applicable compensation amount and honorable discharge, must be
				received by the Agency before payments by the member and/or employer will be
				received.
003.04 Verification of
				the member's honorable discharge and beginning and ending dates of a the
				member's qualified military service will occur when the member provides the
				Agency with a copy of his or her DD Form 214 or other documentation showing the
				dates of entry into and discharge from active duty, and a copy of the member's
				certificate of honorable discharge.
Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 16 - MILITARY SERVICE CREDIT AND REEMPLOYMENT › Section 303-16-004 - Military Service Credit for the County Employees Retirement Act

Current through June 17, 2024
004.01 Any county employee who, while an
				employee, entered into and served in the armed forces of the United States and
				who within ninety (90) days after honorable discharge or honorable separation
				from active duty again became a county employee shall be credited, for the
				purposes of Neb. Rev. Stat. § 23-2315, with all the time actually served
				in the armed forces as if such person had been a county employee throughout
				such service in the armed forces.
004.02 A county employee who is reemployed by
				a covered county employer on or after December 12, 1994, pursuant to
				38 U.S.C. §§
										4301 et seq., may pay to the retirement
				system an amount equal to the sum of all deductions that would have been made
				from the employee's compensation during such period of qualified military
				service. Payment shall be made within the period required in subsection
				004.04.
004.03 To the extent that
				payment is made by the member in subsection 004.02:
(a) the county employee shall be treated as
				not having incurred a break in service by reason of his or her period of
				military service;
(b) the period of
				military service shall be credited for the purposes of determining the
				nonforfeitability of the member's accrued benefits and the accrual of benefits
				under the plan; and,
(c) the county
				employer shall allocate the amount of employer contributions to the member's
				employer account in the same manner and to the same extent the allocation
				occurs for other employees during the period of service.
Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 16 - MILITARY SERVICE CREDIT AND REEMPLOYMENT › Section 303-16-005 - Military Service Credit for the Judges Retirement Act

Current through June 17, 2024
005.01 Military service under the Judges
				Retirement Act means active service of:
(a)
				any judge of the Supreme Court or judge of the district court in any of the
				armed forces of the United States during a war or national emergency prior or
				subsequent to September 18, 1955, if such service commenced while such judge
				was holding the office of judge;
(b) any judge of the Nebraska Workmen's
				Compensation Court or the Nebraska Workers' Compensation Court in any of the
				armed forces of the United States during a war or national emergency prior or
				subsequent to September 20, 1957, if such service commenced while such judge
				was holding the office of judge;
(c) any judge of the municipal court in any
				of the armed forces of the United States during a war or national emergency
				prior or subsequent to October 23, 1967, and prior to July 1, 1985, if such
				service commenced while such judge was holding the office of judge;
(d) any judge of the county court or
				associate county judge in any of the armed forces of the United States during a
				war or national emergency prior or subsequent to January 4, 1973, if such
				service commenced while such judge was holding the office of judge;
(e) any clerk magistrate, who was an
				associate county judge and a member of the fund at the time of appointment as a
				clerk magistrate, in any of the armed forces of the United States during a war
				or national emergency on or after July 1, 1986, if such service commenced while
				such clerk magistrate was holding the office of clerk magistrate;
				and,
(f) any judge of the Court of
				Appeals in any of the armed forces of the United States during a war or
				national emergency on or after September 6, 1991, if such service commenced
				while such judge was holding the office of judge.
Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 16 - MILITARY SERVICE CREDIT AND REEMPLOYMENT › Section 303-16-007 - Military Service Credit for the State Patrol Retirement Act

Current through June 17, 2024
007.01 Military Service prior to December 12,
				1994. Any member of the Nebraska State Patrol who, while a member of the
				Nebraska State Patrol, entered into and served or shall enter into and serve in
				the armed forces of the United States during a declared emergency, and who,
				within six (6) months after honorable discharge or honorable separation from
				active duty, returned or returns to the service of the state and again becomes
				a member of the Nebraska State Patrol shall be credited, in determining
				benefits due such member from the State Patrol Retirement Fund, for all the
				time actually served in the armed forces as if such person had been in the
				service of the Nebraska State Patrol throughout such declared emergency service
				in the armed forces.
007.02
				Military service on or after December 12, 1994; pursuant to
				38 U.S.C. §§
										4301 et seq. Any member of the Nebraska State
				Patrol who is reemployed by the State of Nebraska within ninety (90) days after
				honorable discharge or honorable separation from active duty shall be treated
				as not having incurred a break in service by reason of his or her period of
				military service.
007.03 Such
				military service shall be credited for purposes of determining the
				nonforfeitability of the member's accrued benefits and the accrual of benefits
				under the plan.
007.04 The state
				shall be liable for funding any obligation of the plan to provide benefits
				based upon such period of military service.
007.05 Once an election to purchase military
				service is made in subsection 003.03, the Agency will request salary
				verification from the state employer. The salary verification will verify what
				the member would have earned had the member worked for the employer during the
				period of military service. Upon receipt of the salary verification by NPERS,
				the state employer will be invoiced for the amount required to fund the
				obligation benefit of the plan equal to the employee and employer retirement
				contributions on the salary attributable during the period(s) of military
				service plus interest equal to the actuarial assumed rate of return. Payment
				shall be made by the state employer to NPERS within thirty (30) days of the
				invoice's receipt.
Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 16 - MILITARY SERVICE CREDIT AND REEMPLOYMENT › Section 303-16-008 - Military Service Credit for the State Employees Retirement Act

Current through June 17, 2024
008.01 Any state employee who, while an
				employee, entered into and served in the armed forces of the United States and
				who within ninety (90) days after honorable discharge or honorable separation
				from active duty again became a state employee shall be credited, for the
				purposes of Neb. Rev. Stat. § 84-1317, with all the time actually served
				in the armed forces as if such person had been a state employee throughout such
				service in the armed forces.
008.02
				A state employee who is reemployed by the State of Nebraska on or after
				December 12, 1994, pursuant to
				38 U.S.C. §§
										4301 et seq., may pay to the retirement
				system an amount equal to the sum of all deductions that would have been made
				from the employee's compensation during such period of military service.
				Payment shall be made within the period required in subsection
				008.04.
008.03 To the extent that
				payment is made by the member in subsection 008.02:
(a) the state employee shall be treated as
				not having incurred a break in service by reason of his or her period of
				military service;
(b) the period of
				military service shall be credited for the purposes of determining the
				nonforfeitability of the member's accrued benefits and the accrual of benefits
				under the plan; and,
(c) the state
				shall allocate the amount of employer contributions to the member's employer
				account in the same manner and to the same extent the allocation occurs for
				other employees during the period of service.
Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 17 - ADMINISTRATION OF INTERNAL REVENUE SERVICE CODE SECTION 415 AND MAXIMUM COMPENSATION LIMITS › Section 303-17-001 - Scope of the Rule

Current through June 17, 2024
This rule governs the procedures for specifying Internal
				  Revenue Service Code Section 415 and maximum compensation limits in the
				  Retirement System for Nebraska Counties (County plan), the Judges Retirement
				  System (Judges plan), the School Employees Retirement System (School plan), the
				  State Patrol Retirement System (Patrol plan), and the State Employees
				  Retirement System (State plan).
Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 17 - ADMINISTRATION OF INTERNAL REVENUE SERVICE CODE SECTION 415 AND MAXIMUM COMPENSATION LIMITS › Section 303-17-002 - Definitions

Current through June 17, 2024
002.01 Code
Code means the Internal Revenue Code, as
				  amended.
002.02 Defined
				Contribution Plan
Defined Contribution Plan means the defined contribution
				  plan component of the Retirement Plan for Nebraska Counties and the State
				  Employees Retirement Plan.
002.03 Defined Benefit Plan
Defined Benefit Plan means the Judges Retirement Plan, the
				  Nebraska State Patrol Retirement Plan, the School Employees Retirement Plan,
				  and the cash balance plan component of the Retirement Plan for Nebraska
				  Counties and the State Employees Retirement Plan of the State of
				  Nebraska.
Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 17 - ADMINISTRATION OF INTERNAL REVENUE SERVICE CODE SECTION 415 AND MAXIMUM COMPENSATION LIMITS › Section 303-17-003 - Defined Contribution Plan 415 Limitations

Current through June 17, 2024
003.01 Maximum annual contribution: The
				annual contribution that may be contributed or allocated to a member's account
				under a defined contribution plan for any limitation year beginning on or after
				December 31, 2010 shall not exceed the lesser of:
003.01(a) $49,000, as adjusted for increases
				in the cost-of-living under section 415(d) of the Code, or
003.01(b) 100 percent of the member's
				compensation, within the meaning of section 415(c)(3) of the Code, for the
				limitation year.
Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 17 - ADMINISTRATION OF INTERNAL REVENUE SERVICE CODE SECTION 415 AND MAXIMUM COMPENSATION LIMITS › Section 303-17-004 - Defined Benefit Plan 415 Limitations

Current through June 17, 2024
004.01 Maximum permissible benefit
Maximum permissible benefit: the annual benefit payable under
				  a defined benefit plan in any limitation year shall not exceed the defined
				  benefit dollar limitation applicable at the annuity starting date. The "defined
				  benefit dollar limitation" is $195,000, as adjusted, effective January 1st of
				  each year, under section 415(d) of the Code in such manner as the United States
				  Secretary of the Treasury shall prescribe, and payable in the form of a
				  straight life annuity without regard to the benefit attributable to the
				  after-tax employee contributions (except pursuant to section 415(n) of the
				  Code) and to rollover contributions, and subject to the applicable adjustments
				  in 004.02. The defined benefit dollar limitation as adjusted under section
				  415(d) of the Code will apply to limitation years ending with or within the
				  calendar year for which the adjustment applies. If the benefit under the
				  defined benefit plan is other than a straight life or qualified joint and
				  survivor annuity, the benefit shall be adjusted to an actuarially equivalent
				  straight life annuity as provided in
				  004.01(a) or
				  004.02(b)below before applying the limitations of this 004.
004.01(a) For a benefit paid in a form to
				which section 417(e) of the Code does not apply (monthly benefit), the
				actuarially equivalent straight life annuity benefit is the greater of:
(1) the annual amount of the straight life
				annuity, if any, payable under the defined benefit plan commencing at the same
				annuity starting date as the form of benefit that is payable to the member
				computed using the interest rate assumption and mortality table specified in
				the following sections as applicable to the defined benefit plan: §§
											24-701,
				79-902,
				81-2014;
				or
(2) the annual amount of the
				straight life annuity commencing at the same annuity starting date that has the
				same actuarial present value as the form of benefit that is payable to the
				member, computed using a five percent (5%) interest assumption (or the
				applicable statutory interest assumption) and the applicable mortality table
				described in Treasury Regulation section
				1.417(e)-1(d)(2)
				that is effective for that annuity starting date.
Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 18 - BENEFIT AND CONTRIBUTION ADJUSTMENTS › Section 303-18-001 - Scope of the Rule

Current through June 17, 2024
The provisions of this regulation apply to the School
				  Employees Retirement System, the State Employees Retirement System, the
				  Retirement System for Nebraska Counties, the Judges Retirement System, and the
				  State Patrol Retirement System. This rule and regulation sets forth procedures
				  by which the Nebraska Public Employees Retirement System shall adjust member
				  benefits and employee and employer contributions as necessary to comply with
				  Nebraska state and federal laws governing public employee retirement
				  plans.
Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 18 - BENEFIT AND CONTRIBUTION ADJUSTMENTS › Section 303-18-002 - Definitions

Current through June 17, 2024
002.01 Board
Board means the Public Employees Retirement Board established
				  pursuant to Neb. Rev. Stat. §
										84-1501.
002.02 NPERS
NPERS means the Nebraska Public Employees Retirement Systems;
				  the agency that administers the retirement laws under the direction of the
				  Board.
002.03 Benefit
Benefit means the post-retirement income to be received by a
				  member of a retirement system.
002.04 Employee Contribution
Employee Contribution means the dollar amount required to be
				  picked up from an active member's compensation for deposit into a retirement
				  system to fund member benefits.
002.05 Employer
Employer means the public entity required to contribute to
				  the State Employees Retirement System, the Retirement System for Nebraska
				  Counties, the Judges Retirement System, the School Employees Retirement System,
				  or the State Patrol Retirement System on behalf of its employees who are
				  members in such retirement system.
002.06 Employer Contribution
Employer Contribution means the dollar amount required to be
				  deposited into a retirement system by an employer to fund member
				  benefits.
002.07 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, insurance premiums converted into
				cash payments, reimbursement for expenses incurred, fringe benefits, 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, or as otherwise defined by state law.
Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 18 - BENEFIT AND CONTRIBUTION ADJUSTMENTS › Section 303-18-003 - Excess Contributions

Current through June 17, 2024
003.01 If NPERS determines that a retirement
				system has received an excess employee contribution, then NPERS shall return
				the excess employee contribution to the employer, and the employer shall return
				the excess employee contribution to the employee. Adjustments due to excess
				employee contributions shall be made within one year of the date the excess
				contribution was received by NPERS. If more than one year has passed since the
				date the contribution was received, the excess contribution shall not be
				adjusted.
003.02 If NPERS
				determines that a retirement system has received an excess employer
				contribution, then NPERS shall either provide a refund or credit the excess
				employer contribution against future employer contributions. Adjustments due to
				excess employer contributions shall be made within one year of the date the
				excess contribution was received by NPERS. If more than one year has passed
				since the date the contribution was received, the excess contribution shall not
				be adjusted. Notwithstanding the foregoing, NPERS will only provide a refund or
				credit to the extent allowed under the Internal Revenue Code and any related
				guidance thereunder, including, but not limited to, a mistake of fact as
				permitted under Revenue Ruling 91-4 or other applicable Internal Revenue
				Service guidance.
003.03 Under the
				School Employees Retirement Act, contributions made on compensation in excess
				of the limitations imposed by Neb. Rev. Stat. §
									79-902(35)
				shall not be refunded pursuant to Neb. Rev. Stat. §
									79-904.01(3).
Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 18 - BENEFIT AND CONTRIBUTION ADJUSTMENTS › Section 303-18-004 - Insufficient Contributions

Current through June 17, 2024
004.01 Active Members
004.01(a) Except as provided in subsection
				004.03, if NPERS determines that a retirement system has received insufficient
				contributions from an employer of an active member, NPERS shall require the
				employer remit the additional required employee and employer contributions, and
				this amount may include interest.
004.01(b) Additional employee contributions
				required under subsection
				004.01(a)shall be
				picked up by the employer and the contributions so picked up shall be treated
				as employer contributions in determining federal tax treatment under the
				Internal Revenue Code. The employer shall pay these employee contributions from
				the same source of funds which is used in paying earnings to the
				employee.
004.01(c) Except as
				provided in subsection 004.03, any additional employer contribution shall be
				made in conjunction with the employee contribution. If a member in a defined
				benefit plan terminates employment prior to payment of the required employee
				contribution, then the employer shall complete payment of the employee and
				employer share of the required contribution.
Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 18 - BENEFIT AND CONTRIBUTION ADJUSTMENTS › Section 303-18-005 - Overpayment of Benefits

Current through June 17, 2024
005.01 If NPERS determines that any member or
				beneficiary has received a retirement benefit that is in excess of the
				retirement benefit such member or beneficiary is entitled to receive under the
				governing statutory provisions, NPERS may offset future benefits as necessary
				to recoup the overpayment, with interest. In lieu of future offsets, the member
				or beneficiary shall repay the overpayment to NPERS, and such repayment may
				include interest charges. This section is subject to the materiality amounts
				listed in Title 303 NAC, Chapter 3.
005.02 Reductions in future benefit payments
				pursuant to this regulation shall not exceed twenty-five (25%) percent of the
				monthly retirement benefit received by the member or beneficiary unless the
				member or beneficiary agrees, in writing, to a greater offset.
005.03 Failure by a member or beneficiary to
				repay or offset an amount of overpayment and interest charges described in
				subsection 005.01, will result in NPERS referring the matter to the Nebraska
				Attorney General's Office for collection or other enforcement action deemed
				appropriate by the Attorney General. If it is impractical for NPERS to initiate
				an offset because there are no additional future benefit payments scheduled,
				then NPERS will make at least three attempts during a 120 day period to contact
				the member or beneficiary in order to effectuate a repayment, prior to
				referring the matter to the Attorney General.
Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 18 - BENEFIT AND CONTRIBUTION ADJUSTMENTS › Section 303-18-006 - Underpayment of Benefits

Current through June 17, 2024
If NPERS determines that any member or beneficiary has
				  received a retirement benefit that is less than the retirement benefit such
				  member or beneficiary is entitled to receive under the governing statutory
				  provisions, NPERS shall within a reasonable period of time not to exceed sixty
				  (60) days make payment equal to the deficit amount plus interest. This section
				  is subject to the materiality amounts listed in Title 303 NAC, Chapter
				  3.
Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 18 - BENEFIT AND CONTRIBUTION ADJUSTMENTS › Section 303-18-007 - Interest

Current through June 17, 2024
007.01 Interest shall be assessed and
				collected by NPERS from any employer who submits an insufficient contribution.
				Interest shall be calculated from the date the employee or employer
				contribution was due to be remitted to NPERS until the date such contribution
				is remitted.
007.02 The rate of
				interest to be assessed on insufficient contributions, repayment of excess
				benefits, or paid to the member on account of deficient benefit payments, shall
				be the rate of regular interest as defined or determined under the County
				Employees Retirement Act, the Judges Retirement Act, the School Employees
				Retirement Act, the Nebraska State Patrol Retirement Act, or the State
				Employees Retirement Act, as appropriate.
Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 18 - BENEFIT AND CONTRIBUTION ADJUSTMENTS › Section 303-18-008 - Notice of Adjustment

Current through June 17, 2024
008.01 If NPERS makes any adjustment pursuant
				to these regulations, then NPERS shall mail notice of the proposed adjustment
				to the member, the employer, or any other person directly affected by such
				adjustment within thirty (30) days of the adjustment.
008.02 The notice required by this regulation
				shall be mailed to the last known address of the member, employer, or other
				affected person as reflected by the records of NPERS.
008.03 All notices of proposed adjustments
				shall advise the affected parties of their right to protest and appeal the
				proposed adjustment and the right to a formal hearing before the Board or its
				designated hearing officer.