42-1102. Terms, defined.
For purposes of the Spousal Pension Rights Act:
(1) Alternate payee means a spouse, former spouse, child, or other dependent of a member who is recognized by a domestic relations order as having a right to receive all or a portion of the benefits payable by a statewide public retirement system with respect to such member;
(2) Benefit means an annuity, a pension, a retirement allowance, a withdrawal of accumulated contributions, or an optional benefit accrued or accruing to a member under a statewide public retirement system;
(3) Domestic relations order means a judgment, decree, or order, including approval of a property settlement agreement, which relates to the provision of child support, alimony payments, maintenance support, or marital property rights to a spouse, former spouse, child, or other dependent of a member and is made pursuant to a state domestic relations law of this state or another state;
(4) Earliest retirement date means the earlier of (a) the date on which the member is entitled to a distribution under the system or (b) the later of (i) the date that the member attains fifty years of age or (ii) the earliest date that the member could receive benefits under the system if the member separated from service;
(5) Qualified domestic relations order means a domestic relations order which creates or recognizes the existence of an alternate payee's right, or assigns to an alternate payee the right, to receive all or a portion of the benefits payable with respect to a member under a statewide public retirement system, which directs the system to disburse benefits to the alternate payee, and which meets the requirements of section 42-1103;
(6) Segregated amounts means the amounts which would have been payable to the alternative payee during the period of time that the qualified status of an order is being determined. Such amounts shall equal the amounts payable for such period if the order had been determined to be a qualified domestic relations order; and
(7) Statewide public retirement system means the Retirement System for Nebraska Counties, the Nebraska Judges Retirement System as provided in the Judges Retirement Act, the School Employees Retirement System of the State of Nebraska, the Nebraska State Patrol Retirement System, and the State Employees Retirement System of the State of Nebraska.
Source
Cross References
Structure Nebraska Revised Statutes
Chapter 42 - Households and Families
42-101 - Marriage a civil contract.
42-102 - Minimum age; affliction with venereal disease, disqualification.
42-103 - Marriages; when void.
42-104 - Solemnization; license; application; requirements.
42-105 - Marriage of minor; conditions upon which a license may be issued.
42-106 - License issued by county clerk; contents; marriage record; forms.
42-107 - License; issuance prohibited, when.
42-108 - Marriage ceremony; who may perform; return; contents.
42-109 - Ceremony; requirements.
42-110 - Marriage certificate; provided to parties; form.
42-114 - Want of jurisdiction; marriage not void, when.
42-116 - Marriage certificate and record as evidence.
42-117 - Marriage contracted out of state; when valid.
42-118 - Marriages; when voidable.
42-201 - Wife's separate property; not available for husband or his debts; exception.
42-202 - Married woman; capacity to contract; same as married man.
42-203 - Married woman; capacity to carry on business; earnings.
42-204 - Married woman; marriage solemnized out of state; property rights.
42-205 - Sections, how construed.
42-206 - Debts of wife contracted before marriage; husband not liable.
42-207 - Married woman; not bound by covenant in joint deed.
42-341 - Decree of another jurisdiction; no force or effect; when.
42-342 - Residence; prima facie evidence.
42-343 - Sections, how construed.
42-345 - Decree of divorce; prior to August 27, 1951; validity.
42-346 - Decree of divorce; validity.
42-348 - Proceedings; where brought; transfer of proceedings; orders; how treated.
42-349 - Dissolution; action; conditions.
42-350 - Legal separation; amendment of pleadings; when.
42-351 - County or district court; jurisdiction.
42-352 - Proceedings; complaint; filing; service.
42-355 - Defendant; proper service or appearance.
42-357 - Temporary and ex parte orders; violation; penalty.
42-358.01 - Delinquent support order payments; records.
42-358.03 - Permanent child support payments; failure to pay; work release program.
42-358.04 - Delinquent permanent child support payments; remarriage; effect.
42-358.05 - Child or spousal support; performance of decree; court powers.
42-358.06 - Delinquent permanent child or spousal support payments; lien.
42-358.07 - Clerk of the district court; nonperformance of duties; removal from office.
42-358.08 - Information regarding absent parent; duty to furnish; enforcement.
42-359 - Applications for spousal support or alimony; financial statements.
42-360 - Reconciliation; transfer of action; when; counseling; costs.
42-361 - Marriage irretrievably broken; findings; decree issued without hearing; when.
42-361.01 - Legal separation; findings.
42-362 - Spouse mentally ill; guardian ad litem; attorney; appointment; order for support.
42-364.01 - Child support; withholding of earnings; court; powers.
42-364.02 - Child support; withholding of earnings; application; who may file.
42-364.03 - Child support; withholding of earnings; hearing notice; interrogatories.
42-364.04 - Child support; withholding of earnings; service of documents.
42-364.05 - Child support; withholding of earnings; court; jurisdiction.
42-364.06 - Child support; withholding of earnings; court order.
42-364.07 - Child support; withholding of earnings; attorney's fee.
42-364.08 - Child support; withholding of earnings; limitations.
42-364.09 - Child support; withholding of earnings; priority.
42-364.11 - Child support; withholding of earnings; terms, defined.
42-364.13 - Support order; requirements.
42-364.14 - Parent-employee; consent to withholding of earnings; procedure.
42-364.15 - Enforcement of parenting time, visitation, or other access orders; procedure; costs.
42-364.16 - Child support guidelines; establishment; use.
42-364.18 - Individuals with disabilities; legislative findings.
42-365 - Decree; alimony; division of property; criteria; modification; revocation; termination.
42-366 - Property settlements; effect; enforcement; modification.
42-367 - Temporary allowance; costs; payment.
42-368 - Decree of separation; support order; modification; revocation.
42-370 - Contempt proceedings; attorney's fees; costs.
42-372.01 - Decree; when final.
42-372.02 - Decree; assignment of real estate; affidavit and certificate; filing.
42-372.03 - Legal separation decree; application to set aside decree.
42-373 - Annulments; procedure.
42-374 - Annulment; conditions.
42-375 - Annulments; persons under disability; who may bring action; denial, when.
42-376 - Doubted marriage; procedure.
42-377 - Legitimacy of children.
42-378 - Nullity of marriage; procedure; costs.
42-380 - Restoration of former name; procedure.
42-381 - Minor child; rights of parents.
42-402 - Children; when deemed legitimate.
42-403 - Marriages and divorces; void, when unlawful.
42-404 - Marriages; how contracted.
42-405 - Divorces; how obtained.
42-406 - Bigamy; when; penalty.
42-407 - Marriages; record of county judge; legal and competent evidence.
42-408 - Sections, how construed.
42-501 - Mortgage; procedure for authorization; limitation.
42-502 - Complaint; verification; service; guardian ad litem; costs.
42-603 - Property acquired; presumption.
42-617 - Property acquired, definition.
42-618 - Receipt, management, control, and disposition of property.
42-619 - Claims; limitation; affidavit asserting ownership; filing and recording.
42-703 - Tribunal of this state; support enforcement agency.
42-704 - Remedies cumulative; applicability of act.
42-704.01 - Application of act to resident of foreign country and foreign support proceeding.
42-705 - Basis for jurisdiction over nonresident.
42-706 - Continuing personal jurisdiction.
42-707 - Initiating and responding tribunal of this state.
42-708 - Simultaneous proceedings.
42-709 - Continuing, exclusive jurisdiction.
42-710 - Enforcement of support order by tribunal having continuing jurisdiction.
42-711 - Recognition of controlling child support order.
42-712 - Child support orders for two or more obligees.
42-713 - Credits for payments.
42-713.01 - Application of act to nonresident subject to personal jurisdiction.
42-713.02 - Continuing, exclusive jurisdiction to modify spousal support order.
42-714 - Proceedings under the Uniform Interstate Family Support Act.
42-715 - Action by minor parent.
42-716 - Application of law of this state.
42-717 - Duties of initiating tribunal.
42-718 - Duties and powers of responding tribunal.
42-719 - Inappropriate tribunal.
42-720 - Duties of support enforcement agency.
42-721 - Attorney General; powers.
42-723 - Duties of state information agency.
42-724 - Pleadings and accompanying documents.
42-725 - Nondisclosure of information in exceptional circumstances.
42-727 - Limited immunity of petitioner.
42-728 - Nonparentage as defense.
42-729 - Special rules of evidence and procedure.
42-730 - Communications between tribunals.
42-731 - Assistance with discovery.
42-732 - Receipt and disbursement of payments.
42-733 - Establishment of support order.
42-733.01 - Proceeding to determine parentage.
42-734 - Employer's receipt of income withholding order of another state.
42-734.01 - Employer's compliance with income withholding order of another state.
42-734.02 - Compliance with two or more income withholding orders.
42-734.03 - Immunity from civil liability.
42-734.04 - Penalties for noncompliance.
42-734.05 - Contest by obligor.
42-735 - Administrative enforcement of orders.
42-736 - Registration of order for enforcement.
42-737 - Procedure to register order for enforcement.
42-738 - Effect of registration for enforcement.
42-740 - Notice of registration of order.
42-741 - Procedure to contest validity or enforcement of registered support order.
42-742 - Contest of registration or enforcement.
42-744 - Procedure to register child support order of another state for modification.
42-745 - Effect of registration for modification.
42-746 - Modification of child support order of another state.
42-747 - Recognition of order modified in another state; enforcement.
42-747.02 - Notice to issuing tribunal of modification.
42-747.03 - Jurisdiction to modify child support order of foreign country.
42-747.04 - Procedure to register child support order of foreign country for modification.
42-748.06 - Registration of Convention support order.
42-748.07 - Contest of registered Convention support order.
42-748.08 - Recognition and enforcement of registered Convention support order.
42-748.09 - Partial enforcement.
42-748.10 - Foreign support agreement.
42-748.11 - Modification of Convention child support order.
42-748.12 - Personal information; limit on use.
42-748.13 - Record in original language; English translation.
42-749 - Grounds for rendition.
42-750 - Conditions of rendition.
42-751 - Uniformity of application and construction.
42-751.01 - Transitional provision.
42-801 - Purposes of sections.
42-803 - Applicability of law.
42-804 - County court and district court; jurisdiction.
42-805 - Designation of judge.
42-807 - Acting judge; appointment.
42-810 - Hearings; conferences; files; confidentiality.
42-811 - Controversy between spouses; jurisdiction of court.
42-812 - Petition; filing; effect.
42-815 - Forms; furnished by county; petitions; complaints; refer to court.
42-817 - Petition; hearing; notice; citation; compel attendance of witnesses.
42-818 - Hearing; time; place; objection; effect.
42-820 - Hearing; orders; effect; reconciliation agreement.
42-823 - Application for proceedings; minor child not involved; jurisdiction.
42-904 - Department; programs and services; duties.
42-905 - Comprehensive support services; enumerated.
42-906 - Support services; to whom provided.
42-907 - Emergency services; enumerated.
42-908 - Department; victim; diagnostic assessment; referral; followup.
42-909 - Department; victim; provide support services; plan of action.
42-910 - Department; services for children; enumerated.
42-911 - Department; victims; provide resource information.
42-912 - Department; develop client feedback; collect statistical data.
42-913 - Department; person who commits domestic abuse; programs and services.
42-914 - Department; domestic violence; develop educational curriculum.
42-915 - Department; families; develop community support systems.
42-916 - Department; family program; prevent generational continuation of abuse.
42-917 - Delivery of services; cooperation; coordination of programs.
42-918 - Contact with victims of spouse abuse and families; confidentiality; violation; penalty.
42-919 - Programs; administered independent of welfare assistance programs.
42-920 - Department; contract for services.
42-921 - Department; power to accept gifts, grants, devises, and bequests; use.
42-922 - Department; adopt rules and regulations.
42-924.01 - Protection order; filed, issued, and served without payment of costs; when.
42-924.02 - Protection order; forms provided; State Court Administrator; duties.
42-924.03 - Protection order granted to respondent; when.
42-927 - Law enforcement agencies; education and training programs.
42-928 - Protection order; restraining order; violation; arrest, when.
42-929 - Arrest; peace officer; duties; conditions of release.
42-931 - Foreign protection order; enforcement.
42-934 - Judicial enforcement of order.
42-935 - Nonjudicial enforcement of order.
42-936 - Registration of order.
42-939 - Uniformity of application and construction.
42-940 - Applicability of act.
42-1007 - Enforcement; void marriage.
42-1008 - Limitation of actions.
42-1009 - Application and construction.
42-1011 - Time of taking effect.
42-1103 - Qualified domestic relations order; requirements.
42-1104 - Order; payment of benefits; alternate payee.
42-1105 - Order; form of benefit payment.
42-1106 - Death of alternate payee; effect.
42-1107 - Order; surviving spouse; payment option.
42-1108 - Order; alternate payee; file with board; notice.
42-1109 - Rules and regulations.
42-1110 - Qualified domestic relations order; how determined; procedure.
42-1111 - Director; separate accounting required; when; investment authority.
42-1112 - Order filed prior to July 19, 1996; applicability.
42-1205 - Certification; forfeiture or cancellation; when.
42-1206 - Address or substitute address; use; when.
42-1207 - Early voting; authorized.
42-1208 - Secretary of State; use of substitute address; exceptions.
42-1209 - Program participants; application assistance.
42-1210 - Rules and regulations.
42-1301 - Transferred to section 30-701.
42-1302 - Transferred to section 30-702.