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815 sections in this chapter.
Neb. Rev. Stat. § 23-2319.01 Termination of employment; account forfeited; when; County Employer Retirement Expense Fund; created; use; investment.
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(1) For a member who has terminated employment and is not vested, the balance of the member's employer account or employer cash balance account shall be forfeited. The forfeited account shall be credited to the County Employees Retirement Fund and shall first be used to meet the …
Neb. Rev. Stat. § 23-2320 Employee; reemployment; status; how treated; reinstatement; repay amount received.
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(1) Prior to January 1, 2020, except as otherwise provided in this section, a member of the retirement system who has a five-year break in service shall upon reemployment be considered a new employee with respect to the County Employees Retirement Act and shall not receive credit…
Neb. Rev. Stat. § 23-2321 Retirement system; member; death before retirement; death benefit; death while performing qualified military service; additional death benefit.
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(1)(a) In the event of a member's death before the member's retirement date, the death benefit shall be equal to (i) for participants in the defined contribution benefit, the total of the employee account and the employer account and (ii) for participants in the cash balance bene…
Neb. Rev. Stat. § 23-2322 Retirement system; retirement benefits; exemption from legal process; exception.
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Annuities or benefits which any person shall be entitled to receive under the County Employees Retirement Act shall not be subject to garnishment, attachment, levy, the operation of bankruptcy or insolvency laws, or any other process of law whatsoever and shall not be assignable …
Neb. Rev. Stat. § 23-2323.01 Reemployment; military service; contributions; effect; applicability.
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(1)(a) For military service beginning on or after December 12, 1994, but before January 1, 2018, any employee who, while an employee, entered into and served in the armed forces of the United States and who within ninety days after honorable discharge or honorable separation from…
Neb. Rev. Stat. § 23-2323.02 Direct rollover; terms, defined; distributee; powers; board; powers.
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(1) For purposes of this section and section 23-2323.03: (a) Direct rollover means a payment by the retirement system to the eligible retirement plan or plans specified by the distributee; (b) Distributee means the member, the member's surviving spouse, or the member's former spo…
Neb. Rev. Stat. § 23-2323.03 Retirement system; accept payments and rollovers; limitations; board; powers.
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(1) The retirement system may accept cash rollover contributions from a member who is making payment pursuant to section 23-2306.02, 23-2306.03, 23-2320, or 23-2323.01 if the contributions do not exceed the amount authorized to be paid by the member pursuant to section 23-2306.02…
Neb. Rev. Stat. § 23-2323.04 Retirement system; accept transfers; limitations; how treated.
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The retirement system may accept as payment for withdrawn amounts made pursuant to the County Employees Retirement Act a direct trustee-to-trustee transfer from (1) an eligible tax-sheltered annuity plan as described in section 403(b) of the Internal Revenue Code or (2) an eligib…
Neb. Rev. Stat. § 23-2324 Retirement system; membership status; not lost while employment continues.
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Persons who have become members of the retirement system shall not thereafter lose their status as members while they remain employees.
Neb. Rev. Stat. § 23-2325 Retirement system; false or fraudulent actions; prohibited acts; penalty; denial of benefits.
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Any person who, knowing it to be false or fraudulent, presents or causes to be presented a false or fraudulent claim or benefit application, any false or fraudulent proof in support of such a claim or benefit, or false or fraudulent information which would affect a future claim o…
Neb. Rev. Stat. § 23-2326 Retirement benefits; declared additional to benefits under federal Social Security Act.
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The retirement allowances and benefits provided for by the County Employees Retirement Act shall be in addition to benefits and allowances payable under the provisions of the federal Social Security Act.
Neb. Rev. Stat. § 23-2327 Beneficiary designation; order of priority.
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(1) Except as provided in section 42-1107, in the event of a member's death, the death benefit shall be paid to the following, in order of priority: (a) To the member's surviving designated beneficiary on file with the board; (b) To the spouse married to the member on the member'…
Neb. Rev. Stat. § 23-2328 Retirement system; elected officials and employees having regular term; when act operative.
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The provisions of the County Employees Retirement Act pertaining to elected officials or other employees having a regular term of office shall be so interpreted as to effectuate its general purpose and to take effect as soon as the same may become operative under the Constitution…
Neb. Rev. Stat. § 23-2329 Retirement system; when effective.
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The County Employees Retirement Act shall become effective for each county upon its adoption by the county board or on January 1, 1987, whichever is earlier.
Neb. Rev. Stat. § 23-2330 Retirement system; adoption; certification; list of eligible employees to retirement board.
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Upon the adoption of the retirement system by the county board, the county clerk shall certify such action to the retirement board. Upon the adoption of the retirement system by the county board or by January 1, 1987, whichever is earlier, the county clerk shall submit to the boa…
Neb. Rev. Stat. § 23-2330.01 Limitation of actions.
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Every claim and demand under the County Employees Retirement Act and against the retirement system or the retirement board shall be forever barred unless the action is brought within two years of the time at which the claim accrued.
Neb. Rev. Stat. § 23-2330.02 Retirement system contributions, property, and rights; how treated.
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All contributions to the retirement system, all property and rights purchased with the contributions, and all investment income attributable to the contributions, property, or rights shall be held in trust by the State of Nebraska for the exclusive benefit of members and their be…
Neb. Rev. Stat. § 23-2330.03 Termination of system or contributions; effect.
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Upon termination or partial termination of the retirement system or upon complete discontinuance of contributions under the retirement system, the rights of all affected members to the amounts credited to the members' accounts shall be nonforfeitable.
Neb. Rev. Stat. § 23-2330.04 Municipal county; duties.
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The municipal county shall be responsible for making contributions and performing other duties and shall exercise the powers of a county under the County Employees Retirement Act with respect to the employees of the municipal county.
Neb. Rev. Stat. § 23-2331 Act, how cited.
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Sections 23-2301 to 23-2332.01 shall be known and may be cited as the County Employees Retirement Act.
Neb. Rev. Stat. § 23-2332 County in excess of 85,000 inhabitants; commissioned law enforcement personnel; supplemental retirement plan.
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Any county with a population in excess of eighty-five thousand inhabitants that participates in the Retirement System for Nebraska Counties established by the County Employees Retirement Act shall establish and fund a supplemental retirement plan for the benefit of all present an…
Neb. Rev. Stat. § 23-2332.01 County of 85,000 inhabitants or less; commissioned law enforcement personnel; supplemental retirement plan.
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Any county with a population of eighty-five thousand inhabitants or less that participates in the Retirement System for Nebraska Counties established by the County Employees Retirement Act shall establish and fund a supplemental retirement plan for the benefit of all present and …
Neb. Rev. Stat. § 23-2333 Retirement; prior service annuity; how computed.
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For purposes of sections 23-2333 and 23-2334, the definitions found in section 23-2301 shall apply. As of the date of adoption of the retirement system, a prior service annuity shall be computed for all employees who have been employees continuously for one year prior to the date…
Neb. Rev. Stat. § 23-2334 Retirement; prior service retirement benefit; how determined.
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The prior service retirement benefit shall be a straight life annuity, payable monthly, quarterly, semiannually, or annually with the first payment made as of the annuity start date, in an amount determined in accordance with section 23-2333. No prior service retirement benefit s…
Neb. Rev. Stat. § 23-234 Town meeting; minutes; duty of town clerk; duty of town treasurer.
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The town clerk elected or appointed shall be the clerk of the town meeting, and shall keep faithfully minutes of its proceedings, in which he shall enter at length every order or direction, and all rules and regulations made by such meeting. If the town clerk is absent from the t…
Neb. Rev. Stat. § 23-236 Town meeting; questions; vote required.
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All questions upon motions made at town meetings shall be determined by a majority of the electors voting, and the presiding officer shall ascertain and declare the result of the votes upon each question.
Neb. Rev. Stat. § 23-237 Town meeting; manner of voting.
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When the result of any vote shall, upon such declaration, be questioned by one or more of the electors present, the presiding officer shall make the vote certain by causing the voters to rise and be counted, or by dividing off.
Neb. Rev. Stat. § 23-238 Town meeting; qualifications of electors.
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No person shall be a voter at any town meeting unless he shall be a registered voter, and a resident of the town wherein he shall offer to vote.
Neb. Rev. Stat. § 23-239 Town meeting; voters; challenges; laws applicable.
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If any person offering to vote at any election, or upon any question arising at such town meeting, shall be challenged as an unqualified voter, the presiding officer shall proceed thereupon in like manner as the judges of general elections are required to do, adapting the oath to…
Neb. Rev. Stat. § 23-241 Town meeting; minutes; filing.
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The minutes of the proceedings of every town meeting shall be filed in the office of the town clerk within ten days after such town meeting.
Neb. Rev. Stat. § 23-242 Town officers; oath; certificate; filing.
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Every person elected or appointed to the office of town clerk, town treasurer, or town chairman, before he enters upon the duties of his office, and within ten days after he shall be notified of his election or appointment, shall take and subscribe before some authorized person a…
Neb. Rev. Stat. § 23-243 Town officers; oath; failure to take; effect.
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If any person chosen or appointed to any town office shall neglect to take or subscribe such oath, and cause a certificate thereof to be filed as above required, such neglect shall be deemed to be a refusal to serve.
Neb. Rev. Stat. § 23-245 Town officer; retirement; records; transfer.
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It shall be the duty of every person retiring from a town office to deliver to his successor in office all the records, books, papers, money, and property belonging to such office held by him.
Neb. Rev. Stat. § 23-246 Town treasurer; bond; amount; forfeiture; right of action.
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The town treasurer of each town shall give bond to the town in the sum of two thousand dollars, or double the amount of money that may come into his hands, to be fixed by the town board. Whenever it shall be ascertained that such bond has been forfeited, suit in the name of such …
Neb. Rev. Stat. § 23-246.01 Town treasurer; funds; depository.
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All township funds withdrawn from the county treasury, or collected directly by township officers, shall be deposited within ten days in depositories approved for the deposit of county funds of such county in an account in the name of the township.
Neb. Rev. Stat. § 23-247 Town clerk; duties; penalties, recovery of.
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The town clerk shall prosecute in the name of his town, or otherwise as may be necessary, for all penalties given by law to such town or for its use, and for which no other officer is specially directed to prosecute; and he shall receive all accounts which may be presented to him…
Neb. Rev. Stat. § 23-248 Poor relief; duty of county board.
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In all counties the care of the poor shall be under the charge of the county board as provided by law.
Neb. Rev. Stat. § 23-249 Town clerk; duties and powers; records; papers; oaths.
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The town clerk of each town in this state shall have the custody of all records, books and papers of the town, and shall file all certificates of oaths and other papers required by law to be filed in his office. He shall have power to administer the oath of office to all town off…
Neb. Rev. Stat. § 23-250 Town clerk; budget; prepare.
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The town clerk in counties under township organization shall proceed to prepare the township budget as prescribed in the Nebraska Budget Act.
Neb. Rev. Stat. § 23-251 Town clerk; duties; proceedings to raise money; certificate to county clerk.
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The town clerk shall, within ten days after any township meeting at which any action was had for raising money, deliver to the county clerk a certified copy or copies of all entries of votes for the raising of such money, and it shall be the duty of the county clerk to lay all su…
Neb. Rev. Stat. § 23-2517 Act, how cited; purpose of act.
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(1) Sections 23-2517 to 23-2533 shall be known and may be cited as the County Civil Service Act. (2) The general purpose of the County Civil Service Act is to establish a system of personnel administration that meets the social, economic, and program needs of county offices. This…
Neb. Rev. Stat. § 23-2518 Terms, defined.
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For purposes of the County Civil Service Act: (1) Appointing authority means elected officials and appointed department directors authorized to make appointments in the county service; (2) Board of county commissioners means the board of commissioners of any county with a populat…
Neb. Rev. Stat. § 23-2518.01 Transfer of employees to county; state employee; rights.
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(1) The board of county commissioners may, by resolution, request that a state or political subdivision transfer employees to the county (a) if the board of county commissioners finds that direct control over such employees will be of benefit to the county, (b) pursuant to a merg…
Neb. Rev. Stat. § 23-2518.02 Transfer of employees; retirement benefits; calculation; funding.
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(1) For transfers involving a retirement system which maintains a defined benefit plan, the transfer value of the transferring employee's accrued benefit shall be calculated by one or both of the retirement systems involved as follows: (a) If the retirement system of the state or…
Neb. Rev. Stat. § 23-2518.03 Transfer of employees; sick leave; annual leave; vacation leave; other benefits; how treated.
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(1) The state or a political subdivision shall transfer all accrued sick leave of the transferred employee up to the maximum number of accumulated hours for sick leave allowed by the county personnel system. The state or political subdivision shall reimburse the county for twenty…
Neb. Rev. Stat. § 23-2518.04 Transfer of employees; credit for time of service; seniority.
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(1) A transferred employee shall be credited for time of service with the state or a political subdivision toward the probationary period in the county: (a) A transferred employee whose credited time of service with the state or a political subdivision does not satisfy the county…
Neb. Rev. Stat. § 23-2519 County service; classified and unclassified service, defined; exemptions.
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(1) The county service shall be divided into the classified service and the unclassified service. (2) All officers and positions of the county shall be in the classified service unless specifically designated as being in the unclassified service established by the County Civil Se…
Neb. Rev. Stat. § 23-252 Town board; accounts and claims; audit; annual statement.
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In each town, the clerk, the treasurer, and the chairperson of the board shall examine the accounts of the overseers of highways for money received and disbursed by them and shall require all officers to account to such board for any and all such money received and disbursed by s…
Neb. Rev. Stat. § 23-2520 Personnel office; created; county personnel officer; board; members; costs of administering.
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There is hereby created a personnel office in the office of the board of county commissioners, the executive head of which shall be the county personnel officer. In such office there shall be a personnel policy board with members appointed pursuant to section 23-2521 and with pow…
Neb. Rev. Stat. § 23-2521 Personnel policy board; members; qualifications; appointment; term; removal; chairperson; meetings; quorum.
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(1) The members of the personnel policy board shall be persons in sympathy with the application of merit principles to public employment and who are not otherwise employed by the county, except that the member employed by the county if serving on such board on May 6, 1987, shall …