NRS 286.620
Disability retirement allowance: Eligibility

  • calculation of amount
  • beneficiaries
  • effective date of termination or adjustment of allowance.

1.

A member of the System who has 5 years or more of service credit and who becomes totally unable to perform the member’s current job or any comparable job for which the member is qualified by training and experience, because of injury or mental or physical illness of a permanent nature is eligible to apply for disability retirement if:

(a)

Except as otherwise provided in subsection 5, the member’s employment will be terminated because of the disability;

(b)

The member is in the employ of a participating public employer at the time of application for disability retirement;

(c)

The member proves that the disability renders the member unable to perform the duties of the member’s present position and of any other position the member has held within the past year;

(d)

The member files a notarized application for disability retirement with the System which indicates a selection of option and to which is attached a personal statement by the member, describing the disability, the duties which the member can and cannot perform, and any benefits the member is entitled to receive for disability from any other public source;

(e)

The public employer files an official statement certifying the member’s employment record, job description, work evaluations, record of disability and absences that have occurred because of the disability; and

(f)

The immediate supervisor of the member files an official statement regarding the effect upon the work of the member after the disability, job functions that can and cannot be performed because of the disability, and whether or not there are alternative jobs that can be performed by the member.

2.

Except as otherwise required as a result of NRS 286.537, the amount of the disability retirement allowance must be calculated in the same manner as provided for service retirement calculations in NRS 286.551, except that no reduction for the member’s age may be made and that the allowance must be reduced by the amount of any other benefit received from any source on account of the same disability:

(a)

If the benefit is provided or was purchased by the expenditure of money by a Nevada public employer; and

(b)

To the extent that the total of the unmodified benefit and the other benefit would otherwise exceed the member’s average compensation.

3.

A member may apply for disability retirement even if the member is eligible for service retirement.

4.

Each child of a deceased recipient of a disability retirement allowance is entitled to receive the benefits provided by NRS 286.673 only if the decedent had not reached the age and completed the service required to be eligible for a service retirement allowance, except that these benefits must not be paid to anyone who is named as a beneficiary under one of the options to an unmodified allowance.

5.

If a member whose application for disability retirement has been:

(a)

Approved, dies before the member’s employment is terminated, but within 60 days after the application was approved; or

(b)

Mailed before the member’s death as indicated by the date of the postmark dated by the post office on the envelope in which it was mailed, dies before the Board has acted upon the application and the Board approves thereafter the application,
Ê the member’s beneficiary is entitled to receive an allowance under the option selected rather than the benefit otherwise provided for a survivor.

6.

The termination or adjustment of a disability retirement allowance resulting from the death of a recipient of an allowance pursuant to this section must not become effective until the first day of the month immediately following the death of the recipient.

Source: Section 286.620 — Disability retirement allowance: Eligibility; calculation of amount; beneficiaries; effective date of termination or adjustment of allowance., https://www.­leg.­state.­nv.­us/NRS/NRS-286.­html#NRS286Sec620.

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

§ 286.620’s source at nv​.us