State Codes and Statutes

Statutes > Nebraska > Chapter79 > 79-920

79-920. State schoolofficial; department employee; retirement system options.(1) An individual who was, prior to July 19, 1980, a state schoolofficial and did not become a member of the State Employees Retirement Systemof the State of Nebraska pursuant to the State Employees Retirement Act may,within sixty days after September 1, 1986, elect to become a member of suchsystem. An individual so electing shall pay the contributions required bysuch system when the service and minimum age requirements have been met.(2)(a) An individual (i) who is orwas previously a school employee or who was employed in an out-of-stateor a Class V school district,(ii) whobecomes employed by the State Department of Education after July 1, 1989, and (iii) who is a state school official mayfile with the retirement board withinthirty days after employment an election to become or remain amember of the School Retirement System of the State of Nebraska. Employees electing not to participatein the School Retirement System shall participate in the State Employees Retirement System of the State of Nebraska.(b) An individual shall be required toparticipate in the State Employees Retirement System if (i) the individualterminated employment from a public school participating in the School RetirementSystem and retired pursuant to the School Employees Retirement Act and (ii)the employment by the State Department of Education began or will begin withinone hundred eighty days after terminating employment from the school.(3) An employee electing not to be covered bythe School Retirement System of the State of Nebraska under this section shallnot be subject to section 79-957 but shall be allowed to retain his or heraccumulated contribution in the system and continue to become vested in thestate's accumulated contribution as well as the State Employees RetirementSystem of the State of Nebraska according to the following:(a) The years of participation in the School Retirement Systemof the State of Nebraska before an election is made plus the years of participationin the State Employees Retirement System of the State of Nebraska after theelection is made shall both be credited toward compliance with the servicerequirements provided under section 79-931; and(b) The years of participation in the School Retirement Systemof the State of Nebraska before the election is made plus the years of participationin the State Employees Retirement System of the State of Nebraska after theelection is made shall both be credited toward compliance with section 84-1321. SourceLaws 1980, LB 818, § 2; Laws 1986, LB 325, § 13; Laws 1986, LB 311, § 22; Laws 1989, LB 506, § 12; R.S.1943, (1994), § 79-1565; Laws 1996, LB 900, § 555; Laws 1997, LB 623, § 15; Laws 2010, LB950, § 14.Operative Date: July 1, 2010 Cross ReferencesState Employees Retirement Act, see section 84-1331.