Nebraska Administrative Code › Topic - PUBLIC EMPLOYEES RETIREMENT SYSTEMS › Title 303 - PUBLIC EMPLOYEES RETIREMENT BOARD › Chapter 16 - MILITARY SERVICE CREDIT AND REEMPLOYMENT › Section 303-16-006 - Military Service Credit for the School Employees Retirement Act

Current through June 17, 2024
006.01 Military Service prior to December 12,
				1994. Any person who, after having served or signing a contract to serve as a
				school employee, entered into and served or enters into and serves in the armed
				forces of the United States during a declared emergency or was drafted under a
				federal mandatory draft law into the armed forces of the United States during a
				time of peace, and who, within three (3) calendar years after honorable
				discharge or honorable separation from active duty or within one (1) year from
				the date of completion of training provided in the federal Servicemen's
				Readjustment Act of 1944 or the federal Veterans' Readjustment Assistance Act
				of 1952, became or becomes a school employee shall be credited, in determining
				benefits due such member from the retirement system, for a maximum of five (5)
				years of the time actually served in the armed forces as if such person had
				been a school employee throughout such time. Costs associated with the service
				credit received under this subsection and Neb. Rev. Stat. §
									79-926(1) shall be
				covered by the School Plan.
006.02
				Military service on or after December 12, 1994; pursuant to
				38 U.S.C. §§
										4301 et seq. Any school employee who is
				reemployed by a covered school employer 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 qualified
				military service. This ninety (90) day period shall be extended if the school
				employee returns to employment at the beginning of the school year following
				the school employee's honorable discharge or honorable separation from active
				duty.
006.03 Such qualified
				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.
006.04 The former
				school employer shall be liable for funding any obligation of the plan to
				provide benefits based upon such period of military service.
006.05 Once an election to purchase military
				service is made in subsection 003.03, the Agency will request salary
				verification from the pre-military service 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 pre-military school 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 pre-military service
				school employer to NPERS within thirty (30) days of the invoice's
				receipt.