35-1313. Service award benefits; payment upon military service, disability, or death.
(1)(a) Service award benefits may be paid to a participant as provided in subsection (1) of section 35-1312 notwithstanding that such participant has not been an active emergency responder, active rescue squad member, or active volunteer firefighter for the specified years of service if in the years of service in which such participant did not qualify such failure was due (i) to a period during a year of service in the armed forces of the United States upon active duty or (ii) to an injury or disability incurred by the participant and directly related to the participant's duties or activities as a volunteer member of the volunteer department.
(b) Upon the completion of the specified years of service pursuant to this subsection, the participant shall have a nonforfeitable interest in the annual accounts of all years of service in which such participant is listed on the certification list. Such interest is equivalent to a proportionate equal share with all other participants listed on the certification list for a year of service in (i) the principal amount of all contributions deposited into the annual account for such year of service and (ii) all income derived therefrom.
(2) Service award benefits shall be paid to a participant as provided in subsection (1) of section 35-1312 notwithstanding that such participant had not been an active emergency responder, active rescue squad member, or active volunteer firefighter for the specified years of service if such participant suffered a permanent disability resulting from an injury incurred by the participant and directly related to the participant's duties or activities as a volunteer member of the volunteer department which disqualified the participant from further service as a volunteer. At the time such disability is confirmed and certified to the governing body of the city, village, or rural or suburban fire protection district conducting the service award benefit program, the participant shall have a nonforfeitable interest in the annual accounts of all years of service in which such participant is listed on the certification list. Such interest is equivalent to a proportionate equal share with all other participants listed on the certification list for a year of service in (a) the principal amount of all contributions deposited into the annual account for such year of service and (b) all income derived therefrom.
(3) Service award benefits shall be paid to the beneficiary of a participant notwithstanding that such participant has not been an active emergency responder, active rescue squad member, or active volunteer firefighter for the specified years of service if such participant dies in the course of his or her active service as a volunteer member of a volunteer department or dies as the result of injuries incurred by the participant directly related to his or her duties or activities as a volunteer member of a volunteer department. At the time of the participant's death, the beneficiary of the participant shall have a nonforfeitable interest in the annual accounts of all years of service in which the participant is listed on the certification list. Such interest is equivalent to a proportionate equal share with all other participants listed on the certification list for a year of service in (a) the principal amount of all contributions deposited into the annual account for such year of service and (b) all income derived therefrom.
(4) Service award benefits shall be paid to the beneficiary of a participant upon the death of a participant notwithstanding that such participant had not reached the age of sixty-five if such participant would have been entitled to receive service award benefits at age sixty-five pursuant to subsection (1) of section 35-1312 or subsection (1) or (2) of this section.
Source
Structure Nebraska Revised Statutes
Chapter 35 - Fire Companies and Firefighters
35-101 - Volunteer firefighters; exemptions enumerated; retired firefighters; exemptions.
35-102 - Volunteer fire department; number of members; apparatus.
35-103 - Volunteer firefighters; members in good standing.
35-105 - Equipment; exemption from execution and sale.
35-106 - Fire insurance companies; occupation tax; levy; collection.
35-107 - Volunteer department; emergency first aid; members; immunity from liability; when.
35-109 - Sirens; restriction on use.
35-202 - Volunteer firefighter; file certificate of insurance.
35-501 - Rural and suburban fire protection districts; organization; necessity.
35-506 - District; vote on organization; officers; terms; compensation.
35-507 - District; meeting; when held.
35-508 - District; directors; powers.
35-509 - District; budget; tax to support; limitation; how levied; county treasurer; duties.
35-509.01 - District; secretary-treasurer; bond; amount; premium; failure to furnish; effect.
35-511 - District funds; where deposited; how disbursed; annual report.
35-512 - Districts; warrants; amount authorized; rate of interest.
35-514 - District; annexation of territory; procedure.
35-516 - District; boundaries; change; procedure; merger.
35-517 - District; boundaries; county board; duties.
35-518 - District; contract for protection with counties of adjoining state; terms; damages.
35-520 - Rural fire protection district; false alarm; false report; violation; penalty.
35-529 - Rural or suburban fire protection district; radio equipment; purchase; reimbursement.
35-530 - Territory within village or city; inclusion within district; procedure.
35-531 - Inclusion; procedure.
35-532 - Inclusion; county clerk; duties.
35-535 - District; public meeting; board of directors.
35-536 - Merged district; statutes applicable.
35-537 - Annexation of territory by a city or village; effect on certain contracts.
35-538 - Annexation; board of directors; accounting; effect.
35-539 - Annexation; when effective; board of directors; duties.
35-540 - Annexation; obligations and assessments; agreement to divide; approval; decree.
35-601 - Emergency Firefighting Fund; created; use; investment.
35-602 - Emergency Firefighting Fund; State Fire Marshal; use; purpose.
35-603 - Emergency Firefighting Fund; agreements with federal government; purpose.
35-801 - Clothing and equipment; prohibited acts; violation; penalty.
35-1004 - Benefits; entitled, when.
35-1006 - Benefits; maximum amount.
35-1008 - Benefits; proof of insurance coverage or ability to pay; documentation.
35-1009 - Reports; requirements.
35-1010 - Rules and regulations.
35-1101 - Fire Recognition Day; designation.
35-1202 - Mutual finance organization, defined.
35-1203 - Mutual Finance Assistance Fund; created; use; investment.
35-1204 - Mutual finance organization; creation by agreement; tax levy.
35-1205 - Distributions from fund; qualifications.
35-1206 - Distributions from fund; amount; disqualification; when.
35-1207 - Application for distribution; financial information required; State Treasurer; duties.
35-1302 - Legislative findings.
35-1309 - Service award benefit program; authorized.
35-1309.01 - Standard criteria for qualified active service; computation.
35-1310 - Certification administrator; designation; duties; certification list; hearing; appeal.
35-1312 - Service award benefit payments; when; section; how construed.
35-1313 - Service award benefits; payment upon military service, disability, or death.
35-1314 - Participant; failure to qualify; forfeiture.
35-1315 - Service award benefit program; annual account.
35-1316 - Annual account; appropriations and contributions; liability; limitation.
35-1317 - Service award benefit; how paid; exempt from judicial process.
35-1319 - Participant; status as volunteer.
35-1322 - Annexation, merger, or consolidation; established service award benefit program; effect.
35-1323 - Annexation, merger, or consolidation; no service award benefit program; effect.
35-1324 - Annual accounts; deposits and other property held in grantor trust; effect.
35-1326 - Administrative services agreements authorized.
35-1327 - Agreement; provisions.
35-1329 - Service award benefit program; termination; effect.
35-1330 - Unallocated contributions forfeited; use.
35-1403 - Employer; prohibited acts.
35-1404 - Employer; adjustment to wages authorized.
35-1405 - Employee; duty to notify employer.
35-1406 - Employee; provide written statement; contents.
35-1407 - Employee; provide employer notice of status as volunteer emergency responder.