1. Except as otherwise provided in this section and NRS 286.525, the consequences of the employment of a retired employee are:
(a) A retired employee who accepts employment or an independent contract with a public employer under this System is disqualified from receiving any allowances under this System for the duration of that employment or contract if:
(1) The retired employee accepted the employment or contract within 90 calendar days after the effective date of the employee’s retirement; or
(2) The retired employee is employed in a position which is eligible to participate in this System.
(b) If a retired employee accepts employment or an independent contract with a public employer under this System more than 90 calendar days after the effective date of the employee’s retirement in a position which is not eligible to participate in this System, the employee’s allowance under this System terminates upon the employee’s earning an amount equal to one-half of the average salary for participating public employees who are not police officers or firefighters in any fiscal year, for the duration of that employment or contract.
(c) If a retired employee accepts employment with an employer who is not a public employer under this System, the employee is entitled to the same allowances as a retired employee who has no employment.
2. The retired employee and the public employer shall notify the System:
(a) Within 10 days after the first day of an employment or contract governed by paragraph (a) of subsection 1.
(b) Within 30 days after the first day of an employment or contract governed by paragraph (b) of subsection 1.
(c) Within 10 days after a retired employee earns more than one-half of the average salary for participating public employees who are not police officers or firefighters in any fiscal year from an employment or contract governed by paragraph (b) of subsection 1.
3. For the purposes of this section, the average salary for participating public employees who are not police officers or firefighters must be computed on the basis of the most recent actuarial valuation of the System.
4. If a retired employee who accepts employment or an independent contract with a public employer under this System pursuant to this section elects not to reenroll in the System pursuant to subsection 1 of NRS 286.525, the public employer with which the retired employee accepted employment or an independent contract may pay contributions on behalf of the retired employee to a retirement fund which is not a part of the System in an amount not to exceed the amount of the contributions that the public employer would pay to the System on behalf of a participating public employee who is employed in a similar position.
5. If a retired employee is chosen by election or appointment to fill an elective public office, the retired employee is entitled to the same allowances as a retired employee who has no employment, unless the retired employee is serving in the same office in which the retired employee served and for which the retired employee received service credit as a member. A public employer may pay contributions on behalf of such a retired employee to a retirement fund which is not a part of the System in an amount not to exceed the amount of the contributions that the public employer would pay to the System on behalf of a participating public employee who serves in the same office.
6. The System may waive for one period of 30 days or less a retired employee’s disqualification under this section if the public employer certifies in writing, in advance, that the retired employee is recalled to meet an emergency and that no other qualified person is immediately available.
7. A person who accepts employment or an independent contract with:
(a) Either house of the Legislature or the Legislative Counsel Bureau; or
(b) The Nevada Court System as a senior justice, senior judge, senior justice of the peace or senior municipal judge,
is exempt from the provisions of subsections 1 and 2 for the duration of that employment or contract.
8. A person who accepts employment with a volunteer fire department of which all the volunteers have become members of the System pursuant to NRS 286.367 is exempt from the provisions of subsections 1 and 2 for the duration of that employment.
[23:181:1947; A 1949, 174; 1953, 129]—(NRS A 1957, 731; 1959, 163, 583; 1963, 989; 1967, 1222, 1667; 1969, 19, 856; 1971, 1317; 1977, 1590; 1979, 751, 942; 1981, 142; 1983, 481; 1985, 1715; 1999, 2619; 2001, 2404; 2003, 2061; 2009, 704; 2015, 3067)
Structure Nevada Revised Statutes
Chapter 286 - Public Employees’ Retirement
NRS 286.015 - Declaration of state policy; purpose of chapter.
NRS 286.017 - "Actuarial computation" defined.
NRS 286.020 - "Board" defined.
NRS 286.025 - "Compensation" defined.
NRS 286.031 - "Disability retirement allowance" defined.
NRS 286.040 - "Employee" defined.
NRS 286.042 - "Firefighter" defined.
NRS 286.045 - "Independent contractor" defined.
NRS 286.050 - "Member" defined.
NRS 286.061 - "Police officer" defined.
NRS 286.065 - "Postretirement increase" defined.
NRS 286.070 - "Public employer" defined.
NRS 286.078 - "Service" defined.
NRS 286.080 - "Service retirement allowance" defined.
NRS 286.100 - "System" defined.
NRS 286.117 - Limitations on review and copying of certain records; waiver.
NRS 286.130 - Qualifications of members of Board; terms.
NRS 286.150 - Monthly meetings of Board; certain closed meetings; designation and term of Chair.
NRS 286.170 - Administration of System; compensation and removal of employees.
NRS 286.180 - Compensation and expenses of members of Board.
NRS 286.190 - General powers and duties of Board.
NRS 286.200 - Rules and regulations of Board: Procedure for adoption; conditions.
NRS 286.211 - Duties of Board: Police and Firefighters’ Retirement Fund.
NRS 286.220 - Public Employees’ Retirement Fund.
NRS 286.225 - Police and Firefighters’ Retirement Fund.
NRS 286.227 - Police and Firefighters’ Retirement Fund Advisory Committee.
NRS 286.230 - Public Employees’ Retirement Administrative Fund.
NRS 286.260 - Individual accounts of members; liability of Board upon return of contributions.
NRS 286.287 - Board to consider investments: Meetings; duties.
NRS 286.290 - Conditions for membership in System.
NRS 286.293 - Persons required to participate in System.
NRS 286.297 - Persons excluded from membership in System.
NRS 286.3005 - Purchase of credit for service: Public employer may purchase credit for member.
NRS 286.3007 - Purchase by state agency of credit for service: Conditions.
NRS 286.301 - Credit for free prior service.
NRS 286.303 - Free credit for military service.
NRS 286.365 - Eligibility of civilian employees of Nevada National Guard for membership in System.
NRS 286.370 - Procedure for integration of previously established retirement systems.
NRS 286.401 - Termination of membership; rights of retired employee.
NRS 286.425 - Election by employee to have employer pay contributions.
NRS 286.430 - Withdrawal of contributions.
NRS 286.435 - Repayment upon retroactive reinstatement.
NRS 286.440 - Redeposit of withdrawn contributions upon return to service: Procedure.
NRS 286.450 - Rate of contributions by public employer.
NRS 286.460 - Remittance of contributions by public employers.
NRS 286.462 - Complaint to Department of Taxation required concerning delinquent report or payment.
NRS 286.477 - Credit for part-time employment; loss of credit.
NRS 286.479 - Service credit for military service in Persian Gulf Crisis.
NRS 286.481 - Service ineligible for credit.
NRS 286.486 - Service credited in another system ineligible; exception.
NRS 286.495 - Computation of credit for service: Generally.
NRS 286.505 - Conversion of credit for service; time for crediting service.
NRS 286.520 - Employment of retired employee: Consequences; notice; exemptions.
NRS 286.533 - Limitation on distributions to members of System.
NRS 286.534 - Actuarial assumptions used in computing benefits: Availability; changes prohibited.
NRS 286.535 - Limitation on compensation used to determine retirement benefit.
NRS 286.537 - Limitations on benefits and contributions.
NRS 286.539 - Prohibition against applying forfeitures to increase benefits.
NRS 286.545 - Consent of spouse to retirement plan of member.
NRS 286.551 - Determination of monthly service retirement allowance.
NRS 286.575 - Postretirement increases: Payment; effect on monthly benefit.
NRS 286.578 - Postretirement increases: Increases payable July 1, 1979, and July 1, 1980.
NRS 286.5785 - Postretirement increases: Increases payable July 1, 1981, and July 1, 1982.
NRS 286.590 - Alternatives to unmodified service retirement allowance.
NRS 286.612 - Charges for deferred protection: Termination; adjustments of allowances or benefits.
NRS 286.634 - Disability retirement allowance: Effective date of retirement.
NRS 286.638 - Disability retirement allowance: Reporting to Internal Revenue Service.
NRS 286.640 - Disability retirement allowance: Cancellation.
NRS 286.650 - Disability retirement allowance: Consequences of employment of recipient.
NRS 286.655 - Payments for rehabilitation in lieu of disability retirement allowance.
NRS 286.673 - Payments to child of deceased member.
NRS 286.674 - Payments to spouse of deceased member.
NRS 286.6765 - Payments to spouse if deceased member was eligible to retire.
NRS 286.6766 - Payment in lump sum to spouse; exception.
NRS 286.6767 - Designation of survivor beneficiary and additional payees by member.
NRS 286.677 - Payment to dependent parents; conditions.
NRS 286.6775 - Limitation on and reduction of amount of monthly allowance.
NRS 286.679 - Disposition of surplus of contributions if payments to beneficiary cease.
NRS 286.6793 - Time of vesting; vesting of benefits upon termination of System.
NRS 286.682 - Authorized investments: "Prudent person" standard.
NRS 286.703 - "Active business operations" defined.
NRS 286.705 - "Business operations" defined.
NRS 286.707 - "Company" defined.
NRS 286.709 - "Direct holdings" defined.
NRS 286.711 - "Inactive business operations" defined.
NRS 286.715 - "Petroleum resources" defined.
NRS 286.717 - "Scrutinized business operations" defined.
NRS 286.719 - "Scrutinized company" defined.
NRS 286.721 - Board to identify, review and create list of investments in scrutinized companies.
NRS 286.723 - Board to prepare report of investments in scrutinized companies.
NRS 286.725 - Inapplicability to certain investments.
NRS 286.737 - "Boycott of Israel" defined.
NRS 286.739 - "Company" defined.
NRS 286.741 - "Direct holdings" defined.
NRS 286.743 - "Public fund" defined.
NRS 286.745 - "Scrutinized company" defined.
NRS 286.747 - Board to identify, review and create list of investments in scrutinized companies.
NRS 286.749 - Board to prepare report of investments in scrutinized companies.
NRS 286.808 - Contributions; payment by Board of Regents on behalf of participant.
NRS 286.810 - Designation of investment entities; approval of contracts.
NRS 286.812 - Administration of program.
NRS 286.814 - Participants ineligible for membership in Public Employees’ Retirement System.
NRS 286.816 - Benefits payable only by designated investment entities.
NRS 286.820 - False statement or certification; withholding of information.