1. The State may agree with any of its employees, and the Board of Regents of the University of Nevada may agree with any of its employees, to defer the compensation due to them in accordance with a program approved by the Committee which may consist of one or more plans authorized by 26 U.S.C. § 401(a), 401(k), 403(b), 457 or 3121, including, without limitation, a FICA alternative plan, or any other plan authorized by any federal law to reduce taxable compensation or other forms of compensation. The Board of Regents may agree with any of its employees to defer the compensation due to them as authorized by 26 U.S.C. § 403(b) without submitting the program to the Committee for its approval. An employee may defer compensation under one or more plans in the Program.
2. The employer shall withhold the amount of compensation which an employee has, by such an agreement, directed the employer to defer.
3. The employer may invest the withheld money in any investment approved by the Committee or, in the case of deferred compensation under 26 U.S.C. § 403(b) for employees of the Nevada System of Higher Education by the Board of Regents of the University of Nevada.
4. The investments must be underwritten and offered in compliance with all applicable federal and state laws and regulations, and may be offered only by persons who are authorized and licensed under all applicable state and federal regulations.
5. All amounts of compensation deferred pursuant to the Program, all property and all rights purchased with those amounts and all income attributable to those amounts, property or rights must, in accordance with 26 U.S.C. § 401(a), 401(k), 403(b), 457(g) or 3121, including, without limitation, a FICA alternative plan, or any other federal law authorizing a plan to reduce taxable compensation or other forms of compensation, as applicable, be held in trust for the exclusive benefit of the participants in the Program and their beneficiaries.
(Added to NRS by 1977, 894; A 1979, 797; 1985, 1122; 1987, 1823; 1993, 386; 1999, 32; 2001, 1004; 2003, 1408; 2017, 1601)
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.