NRS 286.520
Employment of retired employee: Consequences

  • notice
  • exemptions.

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,
Ê 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.

Source: Section 286.520 — Employment of retired employee: Consequences; notice; exemptions., https://www.­leg.­state.­nv.­us/NRS/NRS-286.­html#NRS286Sec520.

286.010
Short title.
286.015
Declaration of state policy
286.016
Definitions.
286.017
“Actuarial computation” defined.
286.020
“Board” defined.
286.025
“Compensation” defined.
286.031
“Disability retirement allowance” defined.
286.040
“Employee” defined.
286.042
“Firefighter” defined.
286.045
“Independent contractor” defined.
286.050
“Member” defined.
286.061
“Police officer” defined.
286.065
“Postretirement increase” defined.
286.070
“Public employer” defined.
286.078
“Service” defined.
286.080
“Service retirement allowance” defined.
286.100
“System” defined.
286.110
Public Employees’ Retirement System: Establishment
286.117
Limitations on review and copying of certain records
286.118
Certain information deemed to be confidential
286.120
System governed by Public Employees’ Retirement Board: Name
286.130
Qualifications of members of Board
286.150
Monthly meetings of Board
286.160
Persons employed by Board: Appointment
286.170
Administration of System
286.180
Compensation and expenses of members of Board.
286.190
General powers and duties of Board.
286.200
Rules and regulations of Board: Procedure for adoption
286.211
Duties of Board: Police and Firefighters’ Retirement Fund.
286.215
Duties of Board: Calculation and determination of contributions, benefits and service credit related to qualified military service.
286.220
Public Employees’ Retirement Fund.
286.225
Police and Firefighters’ Retirement Fund.
286.227
Police and Firefighters’ Retirement Fund Advisory Committee.
286.230
Public Employees’ Retirement Administrative Fund.
286.241
Fund to pay accrued benefits that are not payable because of certain limitations
286.260
Individual accounts of members
286.265
Notice to Public Employees’ Benefits Program regarding certain changes in payment status of benefit recipients.
286.282
Chief of Budget Division to advise Governor concerning review of System’s policies and performance.
286.287
Board to consider investments: Meetings
286.288
Liaison officer between System and members or employers
286.290
Conditions for membership in System.
286.293
Persons required to participate in System.
286.297
Persons excluded from membership in System.
286.300
Purchase of credit for service: Requirements
286.301
Credit for free prior service.
286.303
Free credit for military service.
286.365
Eligibility of civilian employees of Nevada National Guard for membership in System.
286.367
Eligibility of volunteer firefighters for membership in System: Contributions
286.370
Procedure for integration of previously established retirement systems.
286.385
Public employee on leave of absence to serve in Nevada Legislature may remain member of System.
286.391
Public employee on leave to work for employee or employer association may remain member of System
286.401
Termination of membership
286.410
Amount of contribution by members of System
286.421
Payment of contributions by employer on behalf of employee
286.425
Election by employee to have employer pay contributions.
286.430
Withdrawal of contributions.
286.435
Repayment upon retroactive reinstatement.
286.440
Redeposit of withdrawn contributions upon return to service: Procedure.
286.450
Rate of contributions by public employer.
286.460
Remittance of contributions by public employers.
286.462
Complaint to Department of Taxation required concerning delinquent report or payment.
286.470
Credit for service as county commissioner, city council member or mayor: Calculation of average compensation
286.475
Credit for service as Legislator before July 1, 1967: Calculation of average compensation.
286.477
Credit for part-time employment
286.479
Service credit for military service in Persian Gulf Crisis.
286.481
Service ineligible for credit.
286.486
Service credited in another system ineligible
286.495
Computation of credit for service: Generally.
286.501
Computation of credit for service: Employees of school districts and professional staff of Nevada System of Higher Education.
286.505
Conversion of credit for service
286.510
Eligibility: Age and service of police officers, firefighters and other employees
286.520
Employment of retired employee: Consequences
286.523
Employment of retired employee: Exception for reemployment of certain retired employees to fill positions for which critical labor shortage exists
286.525
Employment of retired employee: Enrollment in System
286.533
Limitation on distributions to members of System.
286.534
Actuarial assumptions used in computing benefits: Availability
286.535
Limitation on compensation used to determine retirement benefit.
286.537
Limitations on benefits and contributions.
286.538
Minimum benefits payable to employee who became member of System before January 1, 1990.
286.539
Prohibition against applying forfeitures to increase benefits.
286.541
Application for service retirement allowance or disability retirement allowance
286.545
Consent of spouse to retirement plan of member.
286.551
Determination of monthly service retirement allowance.
286.555
Refund of portion of contributions to certain persons who became members on or after January 1, 2010.
286.571
Postretirement increases: Calculation of increase for persons who became members on or after January 1, 2010, and before July 1, 2015.
286.574
Postretirement increases: Calculation of increase for persons who became members on or after July 1, 2015.
286.575
Postretirement increases: Payment
286.577
Postretirement increases: Persons receiving allowance before July 1, 1975
286.578
Postretirement increases: Increases payable July 1, 1979, and July 1, 1980.
286.579
Postretirement increases: Increase for persons receiving benefits before January 1, 1977.
286.590
Alternatives to unmodified service retirement allowance.
286.592
Optional plans: Death of beneficiary
286.612
Charges for deferred protection: Termination
286.615
Optional deduction from benefits for payments for group insurance, plan of benefits or medical and hospital service or other obligations
286.620
Disability retirement allowance: Eligibility
286.630
Disability retirement allowance: Approval or denial of application
286.634
Disability retirement allowance: Effective date of retirement.
286.637
Disability retirement allowance: Recipient to provide copy of federal income tax return
286.638
Disability retirement allowance: Reporting to Internal Revenue Service.
286.640
Disability retirement allowance: Cancellation.
286.650
Disability retirement allowance: Consequences of employment of recipient.
286.655
Payments for rehabilitation in lieu of disability retirement allowance.
286.660
Death of certain member before retirement: Disposition of money to member’s credit in Public Employees’ Retirement Fund.
286.665
Death of member, retired employee or beneficiary: Transfer of contributions to retirement fund under certain circumstances
286.667
Allowance for retired police officer or firefighter: Benefits for spouse upon death
286.668
Forfeiture of rights and benefits under System for conviction of certain felonies
286.669
Person convicted of murder or voluntary manslaughter of member ineligible to receive benefits.
286.670
Right to benefits not subject to taxes, process, bankruptcy, assignment or assessment for impairment or insolvency of insurance company
286.671
Definitions.
286.672
Eligibility.
286.673
Payments to child of deceased member.
286.674
Payments to spouse of deceased member.
286.676
Payments to spouse of deceased member who had 10 or more years of accredited contributing service.
286.677
Payment to dependent parents
286.679
Disposition of surplus of contributions if payments to beneficiary cease.
286.680
Investment by Board of money in funds
286.682
Authorized investments: “Prudent person” standard.
286.701
Definitions.
286.703
“Active business operations” defined.
286.705
“Business operations” defined.
286.707
“Company” defined.
286.709
“Direct holdings” defined.
286.711
“Inactive business operations” defined.
286.713
“Iran” defined.
286.715
“Petroleum resources” defined.
286.717
“Scrutinized business operations” defined.
286.719
“Scrutinized company” defined.
286.721
Board to identify, review and create list of investments in scrutinized companies.
286.723
Board to prepare report of investments in scrutinized companies.
286.725
Inapplicability to certain investments.
286.735
Definitions.
286.737
“Boycott of Israel” defined.
286.739
“Company” defined.
286.741
“Direct holdings” defined.
286.743
“Public fund” defined.
286.745
“Scrutinized company” defined.
286.747
Board to identify, review and create list of investments in scrutinized companies.
286.749
Board to prepare report of investments in scrutinized companies.
286.802
Board of Regents to establish separate program for retirement of certain employees
286.804
Program may be separate system or fund
286.808
Contributions
286.810
Designation of investment entities
286.812
Administration of program.
286.814
Participants ineligible for membership in Public Employees’ Retirement System.
286.816
Benefits payable only by designated investment entities.
286.820
False statement or certification
286.3005
Purchase of credit for service: Public employer may purchase credit for member.
286.3007
Purchase by state agency of credit for service: Conditions.
286.5756
Postretirement increases: Persons receiving benefits before September 1, 1983, or for 3 years before increase.
286.5765
Postretirement increases: Persons retired before July 1, 1963
286.5775
Postretirement increases: Increases based on years allowance received
286.5785
Postretirement increases: Increases payable July 1, 1981, and July 1, 1982.
286.6703
Payment of allowance or benefit to alternate payee pursuant to domestic relations order.
286.6705
Transfer of unpaid check for benefits or refund to retirement fund
286.6765
Payments to spouse if deceased member was eligible to retire.
286.6766
Payment in lump sum to spouse
286.6767
Designation of survivor beneficiary and additional payees by member.
286.6768
Payments to survivor beneficiary of and to additional payees designated by deceased member who had 10 or more years of accredited contributing service.
286.6769
Payment in lump sum to survivor beneficiary of and to additional payees designated by member
286.6775
Limitation on and reduction of amount of monthly allowance.
286.6793
Time of vesting
286.67665
Payments to spouse of member killed in line of duty or course of employment on or after July 1, 2013.
286.67675
Payments to survivor beneficiary of and to additional payees designated by deceased member.
286.67685
Payment to survivor beneficiary of and to additional payees designated by deceased member if deceased member was eligible to retire.
286.67695
Payments to survivor beneficiary of member killed in line of duty or course of employment on or after July 1, 2013.
Last Updated

Jun. 24, 2021

§ 286.520’s source at nv​.us