State Codes and Statutes

Statutes > Nebraska > Chapter84 > 84-1307

84-1307. Retirementsystem; membership; requirements; composition;exercise of option to join; effect; new employee; participation in anothergovernmental plan; how treated; separate employment; effect.(1) The membership of the retirement system shall be composed ofall persons who are or were employed by the State of Nebraska and who maintainan account balance with the retirement system.(2) The following employees of the State of Nebraska areauthorized to participate in the retirement system: (a) All permanent full-timeemployees shall begin participation in the retirement system upon employment;and (b) all permanent part-time employees who have attained the age of twentyyears may exercise the option to begin participation in the retirement system.An employee who exercises the option to begin participation in the retirementsystem pursuant to this section shall remain in the retirement system untilhis or her termination of employment or retirement, regardless of any changeof status as a permanent or temporary employee.(3) On andafter July 1, 2010, no employee shall be authorized to participate in theretirement system provided for in the State Employees Retirement Act unlessthe employee (a) is a United States citizen or (b) is a qualified alien underthe federal Immigration and Nationality Act, 8 U.S.C. 1101 et seq., as suchact existed on January 1, 2009, and is lawfully present in the United States.(4) For purposes of this section,(a) permanent full-time employees includes employees of the Legislature orLegislative Council who work one-half or more of the regularly scheduled hoursduring each pay period of the legislative session and (b) permanent part-timeemployees includes employees of the Legislature or Legislative Council whowork less than one-half of the regularly scheduled hours during each pay periodof the legislative session.(5) Within the first one hundredeighty days of employment, a full-time employee may apply to the board forvesting credit for years of participation in another Nebraska governmentalplan, as defined by section 414(d) of the Internal Revenue Code. During theyears of participation in the other Nebraska governmental plan, the employeemust have been a full-time employee, as defined in the Nebraska governmentalplan in which the credit was earned. The board may adopt and promulgate rulesand regulations governing the assessment and granting of vesting credit.(6) Any employee who qualifiesfor membership in the retirement system pursuant to this section may not bedisqualified for membership in the retirement system solely because such employeealso maintains separate employment which qualifies the employee for membershipin another public retirement system, nor may membership in this retirementsystem disqualify such an employee from membership in another public employmentsystem solely by reason of separate employment which qualifies such employeefor membership in this retirement system.(7) State agencies shall ensurethat employees authorized to participate in the retirement system pursuantto this section shall enroll and make required contributions to the retirementsystem immediately upon becoming an employee. Information necessary to determinemembership in the retirement system shall be provided by the employer. SourceLaws 1963, c. 532, § 7, p. 1670; Laws 1969, c. 842, § 1, p. 3177; Laws 1973, LB 492, § 1; Laws 1983, LB 219, § 1; Laws 1986, LB 325, § 16; Laws 1986, LB 311, § 30; Laws 1990, LB 834, § 1; Laws 1995, LB 501, § 11; Laws 1996, LB 1076, § 38; Laws 1997, LB 624, § 36; Laws 1998, LB 1191, § 71; Laws 1999, LB 703, § 21; Laws 2000, LB 1192, § 24; Laws 2002, LB 407, § 55; Laws 2002, LB 687, § 20; Laws 2004, LB 1097, § 33; Laws 2006, LB 366, § 8; Laws 2008, LB1147, § 13; Laws 2009, LB188, § 10; Laws 2010, LB950, § 21.Operative Date: July 1, 2010