24-707. Death of judge; benefits spouse entitled to receive; contributions paid to beneficiary; when; direct transfer to retirement plan; death while performing qualified military service; additional death benefit.
(1) In the event of the death of a judge prior to retirement, if such judge shall have had five or more years of creditable service, the surviving spouse of such judge shall at his or her option, exercised within twelve months after the date of death, be immediately entitled to receive an annuity which shall be equal to the amount that would have accrued to the member had he or she elected to have the retirement annuity paid as a one-hundred-percent joint and survivor annuity payable as long as either the member or the member's spouse should survive and had the member retired (a) on the date of death if his or her age at death is sixty-five years or more or (b) at age sixty-five years if his or her age at death is less than sixty-five years. If such option is not exercised by such surviving spouse within twelve months after the judge's death, if there is no surviving spouse, or if the judge has not served for five years, then the beneficiary, or the estate if the judge has not filed a statement with the board naming a beneficiary, shall be paid a lump sum equal to all contributions to the fund made by such judge plus regular interest.
(2) In the event of the death of a judge subsequent to retirement, if such judge has not filed a statement of intent with the board to elect to receive any other form of annuity which may be provided for by section 24-710 or elected to make contributions and receive benefits as provided in section 24-703.03, the amount of annuities such judge has received under the provisions of the Judges Retirement Act shall be computed and, if such amount shall be less than the contributions to the fund made by such judge, plus regular interest, the difference shall be paid to the beneficiary or estate.
(3) Benefits to which the surviving spouse, beneficiary, or estate of a judge shall be entitled shall commence immediately upon the death of such judge.
(4) A lump-sum death benefit paid to the member's beneficiary, other than the member's estate, that is an eligible distribution may be distributed in the form of a direct transfer to a retirement plan eligible to receive such transfer under the provisions of the Internal Revenue Code.
(5) For any member whose death occurs on or after January 1, 2007, while performing qualified military service as defined in section 414(u) of the Internal Revenue Code, the member's beneficiary shall be entitled to any additional death benefit that would have been provided, other than the accrual of any benefit relating to the period of qualified military service. The additional death benefit shall be determined as if the member had returned to employment with the State of Nebraska and such employment had terminated on the date of the member's death.
Source
Structure Nebraska Revised Statutes
24-106 - Presiding judge; daily record of proceedings.
24-107 - Written opinions to be reported; format.
24-108 - Judgment on conviction.
24-109 - Offenses occurring during preceding term.
24-201 - Supreme Court; how constituted; Chief Justice.
24-201.01 - Supreme Court judges; salary; amount; restriction on other employment of judges.
24-201.03 - Judges; salary increase; when effective.
24-201.04 - Supreme Court judicial districts; population figures and maps; basis.
24-203 - Transferred to section 24-741.
24-204 - Jurisdiction, original, appellate, and final.
24-205 - Supreme Court Education Fund; created; use; investment.
24-205.01 - Judicial Branch Education Advisory Committee; powers.
24-206 - Terms of court, special.
24-208 - Opinions; when filed.
24-211 - Clerk and reporter; salaries; how fixed; duties.
24-214 - Fee book; entries; duty of clerk.
24-216 - Fees; neglect or fraud in report; penalty.
24-217 - Supreme Court; bailiffs.
24-218 - Chief Justice; purchase liability insurance; for whom.
24-219 - Supreme Court; answer questions of law; when.
24-220 - Certification request; how invoked.
24-221 - Certification request; contents.
24-222 - Certification request; requirements; acceptance.
24-223 - Certification request; fees and costs.
24-224 - Certification request; Supreme Court; duties.
24-225 - Certification request; Supreme Court opinion; delivery.
24-226 - Use of electronic research capabilities; authorized; payment.
24-227.01 - Supreme Court Automation Cash Fund; created; use; investment.
24-228 - Assumption of district court expenses; when.
24-229 - Counsel for Discipline Cash Fund; created; use; investment.
24-231 - Supreme Court Attorney Services Cash Fund; created; use; investment.
24-232 - Eviction proceedings; annual report; contents.
24-301 - District judge; eligibility.
24-301.01 - District judge; judge of separate juvenile court; salary.
24-301.02 - District court judicial districts; described; number of judges.
24-302.01 - Transferred to section 25-2706.
24-304 - Terms of court, special.
24-305 - Absence of judge; adjournment from day to day.
24-306 - Absence of judge; adjournment until next regular term.
24-307 - Absence of judge; adjournment by written order.
24-308 - Failure of term; pending proceedings continued.
24-309 - Failure of term; persons recognized; sureties; liability.
24-310 - Final adjournment; effect.
24-311 - Transferred to section 24-1001.
24-313 - Inferior tribunal; powers over.
24-314 - Transferred to section 24-1002.
24-315 - Transferred to section 24-739.
24-317 - Transferred to section 24-734.
24-318 - Offenses at trial; order to investigate; order to prosecute; duty of county attorney.
24-319 - Transferred to section 25-21,201.
24-320 - Transferred to section 25-21,202.
24-321 - Transferred to section 25-21,203.
24-322 - Transferred to section 25-21,204.
24-323 - Transferred to section 25-21,205.
24-324 - Transferred to section 25-21,206.
24-325 - Transferred to section 25-21,207.
24-326 - Transferred to section 25-21,208.
24-327 - Transferred to section 25-21,209.
24-328 - Transferred to section 25-21,210.
24-329 - Transferred to section 25-21,211.
24-330 - Transferred to section 25-21,212.
24-331 - Transferred to section 25-21,213.
24-332 - Transferred to section 25-21,214.
24-333 - Transferred to section 25-21,215.
24-334 - Transferred to section 25-21,216.
24-335 - Transferred to section 25-21,217.
24-336 - Transferred to section 25-21,218.
24-337.01 - Clerk of the district court; assist clerk of county court; agreement; contents.
24-337.02 - Transferred to section 24-1005.
24-337.03 - Transferred to section 25-2214.01.
24-337.04 - Clerk of district court; residency.
24-342 - Transferred to section 25-1140.09.
24-342.01 - Transferred to section 24-1004.
24-342.02 - Transferred to section 24-1003.
24-345 - Funds uncalled for; payment to State Treasurer; clerk's liability discharged.
24-349 - Sections, how construed.
24-350 - Bailiff; term; compensation.
24-401 - Clerk of Supreme Court; clerks of district and county courts; deputies.
24-402 - Clerk; liability for acts of deputy.
24-403 - District and county court clerks; deputies; acknowledgments; validity.
24-502 - Court of record; location.
24-503 - County judge districts; created; number of judges; membership.
24-505.01 - County judge; eligibility.
24-506 - Presiding judge; selection; departments.
24-508 - Clerk magistrate; duties; qualifications; education requirements.
24-509 - Judge; clerk magistrate; oath; filing.
24-511 - Clerk; powers; duties.
24-513 - County judge; salary; class; expenses.
24-514 - Salaries; expenses; operational costs; payment; property purchased by county; how treated.
24-519 - Clerk magistrate; duties.
24-520 - Clerk magistrates; assignment; written orders.
24-521 - Nebraska County Court Judges Association; created; duties.
24-522 - Transferred to section 25-2802.
24-523 - Transferred to section 25-2803.
24-524 - Transferred to section 25-2804.
24-525 - Transferred to section 25-2805.
24-526 - Transferred to section 25-2806.
24-527 - Transferred to section 25-2807.
24-528 - Transferred to section 25-2701.
24-530 - Transferred to section 25-2710.
24-531 - Transferred to section 25-2711.
24-532 - Transferred to section 25-2712.
24-532.01 - Transferred to section 25-2713.
24-533 - Transferred to section 25-2703.
24-534 - Transferred to section 23-1701.04.
24-535 - Transferred to section 25-2704.
24-536 - Transferred to section 25-2705.
24-537 - Transferred to section 25-2720.
24-538 - Transferred to section 25-2718.
24-539 - Transferred to section 25-2721.
24-540 - Transferred to section 25-2707.
24-541.01 - Transferred to section 25-2728.
24-541.02 - Transferred to section 25-2729.
24-541.03 - Transferred to section 25-2730.
24-541.04 - Transferred to section 25-2731.
24-541.05 - Transferred to section 25-2732.
24-541.06 - Transferred to section 25-2733.
24-541.07 - Transferred to section 25-2734.
24-541.08 - Transferred to section 25-2735.
24-541.09 - Transferred to section 25-2736.
24-541.10 - Transferred to section 25-2737.
24-551 - Transferred to section 25-2738.
24-552 - Transferred to section 24-740.
24-553 - Transferred to section 25-2709.
24-554 - Transferred to section 25-2723.
24-555 - Transferred to section 25-2724.
24-556 - Transferred to section 25-2725.
24-557 - Transferred to section 25-2726.
24-558 - Transferred to section 25-2727.
24-559 - Transferred to section 25-2708.
24-560 - Transferred to section 25-2714.
24-561 - Transferred to section 25-2715.
24-562 - Transferred to section 25-2716.
24-563 - Transferred to section 25-2717.
24-567 - Transferred to section 25-2722.
24-568 - Transferred to section 25-21,219.
24-569 - Transferred to section 25-21,220.
24-570 - Transferred to section 25-21,232.
24-571 - Transferred to section 25-21,221.
24-572 - Transferred to section 25-21,222.
24-573 - Transferred to section 25-21,223.
24-574 - Transferred to section 25-21,224.
24-575 - Transferred to section 25-21,225.
24-576 - Transferred to section 25-21,226.
24-577 - Transferred to section 25-21,227.
24-578 - Transferred to section 25-21,228.
24-579 - Transferred to section 25-21,229.
24-580 - Transferred to section 25-21,230.
24-581 - Transferred to section 25-21,231.
24-582 - Transferred to section 25-21,233.
24-583 - Transferred to section 25-21,234.
24-584 - Transferred to section 25-21,235.
24-585 - Transferred to section 25-2702.
24-585.01 - Transferred to section 25-2719.
24-593 - Municipal court employees; transfer to county court; salary and benefits.
24-594 - Exercise of jurisdiction; ratified.
24-595 - Transferred to section 25-2232.
24-596 - Transferred to section 25-2233.
24-597 - Transferred to section 25-2234.
24-598 - Transferred to section 25-2235.
24-599 - Transferred to section 25-2236.
24-5,100 - Transferred to section 23-1701.02.
24-5,101 - Transferred to section 25-2231.
24-5,102 - Transferred to section 25-2237.
24-5,103 - Transferred to section 25-2238.
24-5,104 - Transferred to section 25-2239.
24-5,105 - Transferred to section 25-2230.
24-5,106 - Transferred to section 25-2229.
24-601 - Transferred to section 30-3201.
24-601.01 - Transferred to section 30-3207.
24-601.02 - Transferred to section 30-3202.
24-601.03 - Transferred to section 30-3203.
24-601.04 - Transferred to section 30-3209.
24-601.05 - Transferred to section 30-3208.
24-602 - Transferred to section 30-3204.
24-603 - Transferred to section 30-3210.
24-604 - Transferred to section 30-3211.
24-604.01 - Transferred to section 81-120.
24-605 - Transferred to section 30-3212.
24-619 - Transferred to section 48-2001.
24-620 - Transferred to section 48-2002.
24-621 - Transferred to section 30-3302.
24-622 - Transferred to section 30-3303.
24-623 - Transferred to section 30-3304.
24-624 - Transferred to section 30-3305.
24-625 - Transferred to section 30-3306.
24-626 - Transferred to section 30-3307.
24-627 - Transferred to section 30-3308.
24-628 - Transferred to section 30-3309.
24-629 - Transferred to section 30-3310.
24-630 - Transferred to section 30-3311.
24-631 - Transferred to section 30-3301.
24-632 - Transferred to section 30-3213.
24-633 - Transferred to section 30-3214.
24-634 - Transferred to section 30-3215.
24-635 - Transferred to section 30-3216.
24-636 - Transferred to section 30-3217.
24-637 - Transferred to section 30-3218.
24-638 - Transferred to section 30-3205.
24-639 - Transferred to section 30-3206.
24-701.02 - Changes to act; operative; when.
24-703.01 - Participation in retirement system; requirements.
24-703.03 - Elections authorized.
24-705 - Technical and administrative employees; actuary; report; expenses.
24-706 - Termination of employment; return of contributions, when; rejoining system.
24-706.01 - Termination of employment prior to eligibility to retire; rejoining system; effect.
24-707.01 - Surviving spouse; benefits; applicable, when.
24-708 - Retirement of judge; when; deferment of payment; board; duties.
24-708.01 - Retired member; reemployment; how treated.
24-710 - Judges; retirement annuity; amount; how computed; cost-of-living adjustment.
24-710.01 - Judges; alternative contribution rate and retirement benefit; election; notice.
24-710.02 - Retirement benefits; exemption from legal process; exception.
24-710.03 - Judges; purchase of service credit; application of section.
24-710.04 - Reemployment; military service; credit; effect.
24-710.05 - Direct rollover; terms, defined; distributee; powers; board; powers.
24-710.06 - Retirement system; accept payments and rollovers; limitations; board; powers.
24-710.12 - Retirement system; accept transfers; limitations; how treated.
24-710.14 - Judges who became members on or after July 1, 2015; annual benefit adjustment.
24-710.15 - Judges who became members on and after July 1, 2015; cost-of-living payment.
24-712 - Annuity payments; continuation; physical examinations, when; cost.
24-713 - State Treasurer; duties; warrants.
24-713.01 - Limitation of actions.
24-713.02 - Retirement system contributions, property, and rights; how treated.
24-713.03 - Termination of system or contributions; effect.
24-714 - Retirement of judge; effect; filling of vacancy.
24-715 - Commission on Judicial Qualifications; created; members; appointment.
24-716 - Commission; members; term; vacancy.
24-717 - Commission; organization; officers.
24-718 - Commission; compensation; expenses.
24-719 - Commission; meetings; quorum; annual report.
24-720 - Commission; complaints and requests; form.
24-722 - Justice or judge; discipline or removal; grounds.
24-723.01 - Justice or judge; disqualification without loss of salary; Supreme Court order; when.
24-723.02 - Justice or judge; removal or suspension by Supreme Court; grounds.
24-725 - Commission; budget; submit.
24-726 - Proceedings prior to formal hearing; confidential.
24-727 - Supreme Court; procedure; rule; adopt.
24-728 - Judge or justice; own discipline, removal, or retirement; participation prohibited.
24-729 - Judges; retired; assignment; when; retired judge, defined.
24-730 - Retired judge; temporary duty; compensation.
24-731 - Retired judge; temporary duty; expenses.
24-733 - Retired judge; temporary duty; request for compensation and expenses.
24-734 - Judges; powers; enumerated.
24-739 - Disqualification of judge; grounds.
24-740 - Probate; disqualification of judge.
24-741 - Judges; when ineligible as candidates for other offices.
24-801 - Judicial nominating commissions; subject to sections.
24-801.01 - Judicial nominating commission; members; oath.
24-802 - Judicial nominating commission; residence requirements.
24-804 - Judicial nominating commissions; judges of Supreme Court; service as members.
24-805 - Judicial nominating commissions; members serve on no more than one commission; exceptions.
24-806 - Judicial nominating commission; lawyer members; qualifications; nominations; election.
24-807 - Judicial nominating commission; lawyer members; certificate of selection.
24-808 - Judicial nominating commissions; vacancies; filled, how.
24-809 - Judicial nominating commission; chairperson; manner of voting; vacancies; procedure.
24-809.01 - Transferred to section 24-1201.
24-809.02 - Transferred to section 24-1202.
24-809.03 - Transferred to section 24-1203.
24-809.04 - Judicial vacancy; date of final determination.
24-809.05 - Judgeship; primary office; relocation of judge authorized; when.
24-811 - Judicial nominating commissions; unlawful to attempt to influence; violations; penalty.
24-811.01 - Judicial nominating commission; nominations; number; considerations.
24-811.02 - Judicial nominating commission; send report to State Court Administrator; contents.
24-812 - Judicial nominating commissions; members; communications; confidential.
24-812.01 - Judicial nominations; Supreme Court; promulgate rules.
24-813 - Judicial officeholders; subject to sections.
24-814 - Judicial officeholder; continuance in office; request in writing to be retained.
24-816 - Judicial officeholder; retention election; how conducted.
24-817 - Judicial officeholder; retention election; determination by vote of electorate.
24-818 - Judicial officeholder; request to be retained; failure to file; vacancy.
24-819 - Judges; full term; commencement; end.
24-820 - County judge; selection; retained in office; vacancy, how filled.
24-901 - Transferred to section 25-412.01.
24-902 - Transferred to section 25-412.02.
24-903 - Transferred to section 25-412.03.
24-904 - Transferred to section 25-412.04.
24-1001 - Proceedings to be public.
24-1002 - Oaths and affirmations; power to administer.
24-1004 - Records and exhibits; preservation; disposition.
24-1005 - Records; preservation duplicate; admissible in evidence; destruction of original record.
24-1006 - Clerk; judicial statistics; report.
24-1101 - Court of Appeals; created; panels; judges; appointment; salary; other laws applicable.
24-1103 - Active or retired judges; assignment; expenses.
24-1104 - Decisions; form; when published.
24-1105 - Cases pending on September 6, 1991; assignment to Court of Appeals.
24-1106 - Jurisdiction; direct review by Supreme Court; when; removal of case.
24-1107 - Decision; review by Supreme Court.
24-1108 - Administrative office; arguments heard throughout state; judge's offices.
24-1201 - Judicial Resources Commission; created; membership; quorum.
24-1202 - Judicial Resources Commission; term; vacancy.
24-1203 - Judicial Resources Commission; expenses.
24-1204 - Existence of judicial vacancy; determination.
24-1205 - Judgeships; annual hearing; recommendations.
24-1206 - Commission; basis for determination; report to Legislature; legislative action.