State Codes and Statutes

Statutes > Nebraska > Chapter81 > 81-2016

81-2016. Retirementsystem; membership; requirements; newemployee; participation in another governmental plan; how treated; separateemployment; effect.(1) Every member of the NebraskaState Patrol who was employed by the State of Nebraska as such, on September7, 1947, and every person employed as a member of such patrol thereafter,shall be a member of the system, except for those members of the NebraskaState Patrol who elected pursuant to section 60-1304 to remain members ofthe State Employees Retirement System of the State of Nebraska. On and after July 1, 2010, no employeeshall be authorized to participate in the retirement system provided for inthe Nebraska State Patrol Retirement Act unless the employee (a) is a UnitedStates citizen or (b) is a qualified alien under the federal Immigration andNationality Act, 8 U.S.C. 1101 et seq., as such act existed on January 1,2009, and is lawfully present in the United States.(2) Within the first thirty days of employment, a membermay apply to the board for eligibility and vesting credit for years of participationin another Nebraska governmental plan, as defined by section 414(d) of theInternal Revenue Code. During the years of participation in the other Nebraskagovernmental plan, the employee must have been a full-time employee, as definedin the Nebraska governmental plan in which the credit was earned.(3) Any officer who qualifies for membership pursuant tosubsection (1) of this section may not be disqualified from membership inthe retirement system solely because such officer also maintains separateemployment which qualifies the officer for membership in another public retirementsystem, nor may membership in this retirement system disqualify such an officerfrom membership in another public retirement system solely by reason of separateemployment which qualifies such officer for membership in this retirementsystem.(4) Information necessary to determine membership shall beprovided by the Nebraska State Patrol.(5) The board may adopt and promulgate rules and regulationsgoverning the assessment and granting of eligibility and vesting credit. SourceLaws 1947, c. 211, § 3, p. 687; R.S.1943, (1978), § 60-443; Laws 1995, LB 501, § 8; Laws 1996, LB 1076, § 33; Laws 1997, LB 624, § 29; Laws 1998, LB 1191, § 65; Laws 2000, LB 1192, § 20; Laws 2002, LB 407, § 49; Laws 2002, LB 470, § 8; Laws 2010, LB950, § 19.Operative Date: July 1, 2010