1. Each political subdivision of the State is authorized to submit for approval by the state agency a plan for extending the benefits of Title II of the Social Security Act, in conformity with applicable provisions of such Act, to employees of such political subdivision. Each such plan and any amendment thereof shall be approved by the state agency if it finds that such plan, or such plan as amended, is in conformity with such requirements as are provided in regulations of the state agency, except that no such plan shall be approved unless:
(a) It is in conformity with the requirements of the Social Security Act and with the agreement entered into under NRS 287.150 or 287.160.
(b) It provides that all services which constitute employment (as defined in NRS 287.080) and are performed in the employ of the political subdivision by employees thereof shall be covered by the plan, except that it may exclude services performed by individuals to whom section 218(c) (3) (c) of the Social Security Act is applicable.
(c) It specifies the source or sources from which the funds necessary to make the payments required by paragraph (a) of subsection 3 and by subsection 4 are expected to be derived and contains reasonable assurance that such sources will be adequate for such purpose.
(d) It provides for such methods of administration of the plan by the political subdivision as are found by the state agency to be necessary for the proper and efficient administration of the plan.
(e) It provides that the political subdivision will make such reports, in such form and containing such information, as the state agency may from time to time require, and comply with such provisions as the state agency or the Secretary may from time to time find necessary to assure the correctness and verification of such reports.
(f) It authorizes the state agency to terminate the plan in its entirety, in the discretion of the state agency, if it finds that there has been a failure to comply substantially with any provision contained in such plan, such termination to take effect at the expiration of such notice and on such conditions as may be provided by regulations of the state agency and may be consistent with the provisions of the Social Security Act.
2. The state agency shall not finally refuse to approve a plan submitted by a political subdivision under subsection 1, and shall not terminate an approved plan, without reasonable notice and opportunity for hearing to the political subdivision affected thereby.
3. Each political subdivision:
(a) As to which a plan has been approved under this section shall pay into the Social Security Revolving Fund, with respect to wages (as defined in NRS 287.140) at such time or times as the state agency may by regulation prescribe, contributions in the amounts and at the rates specified in the applicable agreement entered into by the state agency under NRS 287.150 or 287.160.
(b) Required to make payments under paragraph (a) of this subsection is authorized, in consideration of the employee’s retention in, or entry upon, employment after March 29, 1955, to impose upon each of its employees, as to services which are covered by an approved plan, a contribution with respect to the employee’s wages (as defined in NRS 287.140), not exceeding the amount of the employee tax which would be imposed by the Federal Insurance Contributions Act if such services constituted employment within the meaning of that Act, and to deduct the amount of such contribution from the employee’s wages as and when paid. Contributions so collected shall be paid into the Social Security Revolving Fund in partial discharge of the liability of such political subdivision or instrumentality under paragraph (a) of this subsection. Failure to deduct such contribution shall not relieve the employee or employer of liability therefor.
4. Delinquent payments due under paragraph (a) of subsection 3 may, with interest at the rate of 6 percent per annum, be recovered by action in a court of competent jurisdiction against the political subdivision liable therefor or may, at the request of the state agency, be deducted from any other moneys payable to such subdivision by any department or agency of the State.
[5:420:1955]
Structure Nevada Revised Statutes
Chapter 287 - Programs for Public Employees
NRS 287.0205 - Reinstatement of insurance by retired public officer or employee or surviving spouse.
NRS 287.0404 - "Board" defined.
NRS 287.0405 - "Participating local governmental agency" defined.
NRS 287.04052 - "Participating public agency" defined.
NRS 287.04054 - "Participating state agency" defined.
NRS 287.0406 - "Program" defined.
NRS 287.04062 - "Program Fund" defined.
NRS 287.04064 - "Retirees’ Fund" defined.
NRS 287.041 - Creation; composition; qualifications; terms; vacancies; removal.
NRS 287.042 - Compensation; administrative leave from service of State.
NRS 287.0422 - Reimbursement of expenses of witnesses.
NRS 287.0425 - Executive Officer: Reports.
NRS 287.043 - Powers and duties.
NRS 287.04345 - Procedure for awarding contracts to vendors.
NRS 287.0436 - Creation; purpose.
NRS 287.04364 - Uses; fiduciary duty of Board.
NRS 287.0438 - Records of Program deemed public records; exception.
NRS 287.0475 - Reinstatement of insurance by retired public officer or employee or surviving spouse.
NRS 287.0485 - No inherent right to certain benefits.
NRS 287.049 - Costs of premiums or contributions to be budgeted.
NRS 287.050 - Declaration of legislative policy.
NRS 287.060 - "Employee" defined.
NRS 287.070 - "Employee tax" defined.
NRS 287.080 - "Employment" defined.
NRS 287.090 - "Federal Insurance Contributions Act" defined.
NRS 287.100 - "Political subdivision" defined.
NRS 287.110 - "Secretary" defined.
NRS 287.120 - "Social Security Act" defined.
NRS 287.130 - "State agency" defined.
NRS 287.140 - "Wages" defined.
NRS 287.150 - Federal-state agreement: Provisions.
NRS 287.160 - Interstate instrumentality: Powers.
NRS 287.170 - Contributions by state employees.
NRS 287.180 - Plans for coverage of employees of political subdivisions.
NRS 287.210 - Social Security Administration Fund: Creation; sources; disbursements.
NRS 287.220 - Regulations of state agency.
NRS 287.230 - Studies of state agency.
NRS 287.260 - "Committee" defined.
NRS 287.270 - "Deferred compensation" defined.
NRS 287.275 - "Executive Officer" defined.
NRS 287.300 - "Investment" defined.
NRS 287.310 - "Program" defined.
NRS 287.335 - Interest and income earned on money in deferred compensation account.
NRS 287.337 - Employment of staff or consultants by Executive Officer.
NRS 287.338 - Procedure for awarding contracts to vendors.
NRS 287.340 - Deferrals of compensation: Deductions from payroll; limitation on amount deferred.
NRS 287.360 - Program additional to other retirement, pension and benefit systems.
NRS 287.370 - Use of appropriated money in administration of Program.
NRS 287.391 - "Committee" defined.
NRS 287.401 - "Deferred compensation" defined.
NRS 287.411 - "Program" defined.
NRS 287.420 - Employer may agree with employee to defer compensation; investment of withheld money.
NRS 287.440 - Governing body may appoint committee to administer program; powers of committee.
NRS 287.450 - Deferrals of compensation: Deductions from payroll; limitation on amount deferred.
NRS 287.470 - Program additional to other retirement, pension and benefit systems.
NRS 287.480 - Use of appropriated money in administration of program.
NRS 287.510 - Contracts authorized; payment.
NRS 287.520 - Duties of employee organization.
NRS 287.530 - Employee organization as trustee of money collected; claims.