Chapter 79 — SCHOOLS
1,288 sections in this chapter.
Repealed. Laws 2003, LB 685, § 37.
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[Repealed or reserved.]
Neb. Rev. Stat. § 79-896 Teachers; applicants; inquiries concerning religious affiliation prohibited.
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It shall be unlawful for any person to prepare or deliver any questionnaire, employment application, or information blank to any applicant for any teaching position in the public schools of this state if the questionnaire, employment application, or information blank contains any…
Neb. Rev. Stat. § 79-897 Teachers; inquiries concerning religious affiliation; violations; penalty.
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Any person who violates the provisions of section 79-896 is guilty of a Class III misdemeanor. Violation of such section shall be cause for the removal of any superintendent, member of a board of education or school board, or other public school official.
Repealed. Laws 2017, LB62, § 1.
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[Repealed or reserved.]
Repealed. Laws 2017, LB62, § 1.
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[Repealed or reserved.]
Neb. Rev. Stat. § 79-9 Employees retirement system; formula retirement annuity; computation.
Neb. Rev. Stat. § 79-901 Act, how cited.
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Sections 79-901 to 79-977.03 shall be known and may be cited as the School Employees Retirement Act.
Neb. Rev. Stat. § 79-902 Terms, defined.
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For purposes of the School Employees Retirement Act, unless the context otherwise requires: (1) Accumulated contributions means the sum of all amounts deducted from the compensation of a member and credited to his or her individual account in the School Retirement Fund together w…
Neb. Rev. Stat. § 79-903 Retirement system; established; purpose.
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A school retirement system is hereby established for the purpose of providing retirement allowances or other benefits for the school employees of the State of Nebraska as provided in the School Employees Retirement Act. It shall have the powers and privileges of a corporation, in…
Neb. Rev. Stat. § 79-904 School retirement system; administration; retirement board; powers and duties; rules and regulations.
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The general administration of the retirement system, except the investment of funds, is hereby vested in the retirement board. The board may, by a majority vote of its members, adopt bylaws and adopt and promulgate rules and regulations, from time to time, to carry out the School…
Neb. Rev. Stat. § 79-904.01 Board; power to adjust contributions and benefits; repayment of benefit; overpayment of benefits; investigatory powers; subpoenas.
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(1)(a) If the board determines that the retirement system has previously received contributions or distributed benefits which for any reason are not in accordance with the statutory provisions of the School Employees Retirement Act, the board may refund contributions, require add…
Neb. Rev. Stat. § 79-905 Retirement board; duties.
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It shall be the duty of the retirement board to: (1) Determine the eligibility of an individual to be a member of the retirement system and other questions of fact in the event of dispute between an individual and a department; (2) Adopt rules and regulations, as the board may de…
Neb. Rev. Stat. § 79-906 Executive director; records; contents; employer education program.
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(1) The executive director in charge of the retirement system shall keep a complete record of all members with respect to name, current address, age, contributions, and any other facts as may be necessary in the administration of the School Employees Retirement Act. The informati…
Neb. Rev. Stat. § 79-907 Statement of information; board; powers and duties.
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(1)(a) On or before October 1, 2001, and at least every two years thereafter, the retirement board shall send to each contributing member of the retirement system by first-class mail, a statement of creditable service, reported salary, and other such information as is determined …
Neb. Rev. Stat. § 79-908 State Treasurer; duties.
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The State Treasurer shall be the custodian of the funds and securities of the retirement system and may deposit the funds and securities in any financial institution approved by the Nebraska Investment Council. All disbursements therefrom shall be paid by him or her only upon vou…
Neb. Rev. Stat. § 79-909 Auditor of Public Accounts; annual audit; report.
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The Auditor of Public Accounts shall make an annual audit of the retirement system and submit electronically an annual report to the Clerk of the Legislature of its condition. Each member of the Legislature shall receive an electronic copy of such report by making a request for i…
Neb. Rev. Stat. § 79-910 Retirement system; membership; separate employment; effect.
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(1) The membership of the retirement system shall be composed of (a) all persons who have an account in the School Retirement Fund, (b) all school employees who on or after July 1, 2002, must participate in the retirement system pursuant to section 79-910.01 and who have begun pa…
Neb. Rev. Stat. § 79-910.01 Retirement system; participation.
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(1) Each person employed by a public school who is a school employee and who is qualified to participate in the retirement system shall participate in the retirement system. (2) Public schools shall ensure that all school employees who qualify for participation pursuant to this s…
Neb. Rev. Stat. § 79-911 Retirement system; emeritus member; retirement, when.
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Any emeritus member may retire upon his or her application to the retirement board, to be effective upon the termination of his or her employment in any public school or in any position covered by the retirement system.
Neb. Rev. Stat. § 79-912 Retirement system; employees previously electing nonmembership; election to hold membership; effect.
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All school employees not required to hold a certificate, diploma, or credentials to practice in a professional capacity who had previously elected not to be included in the retirement system pursuant to section 79-910 may, after January 1, 1978, and prior to July 1, 1978, file wi…
Neb. Rev. Stat. § 79-913 Retirement system; membership; election of nonmembership; when.
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All school employees not required to hold a certificate, diploma, or credentials to practice in a professional capacity who are employed after January 1, 1978, and prior to July 1, 1978, shall have until June 30, 1978, to file with the retirement board an election not to be inclu…
Repealed. Laws 2002, LB 407, § 67.
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[Repealed or reserved.]
Neb. Rev. Stat. § 79-915 Retirement system; membership; requirements; certain contemplated business transactions regarding retirement system participation; procedures; costs.
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(1) Persons residing outside of the United States and engaged temporarily as school employees in the State of Nebraska shall not become members of the retirement system. (2) No school employee shall be authorized to participate in the retirement system provided for in the School …
Neb. Rev. Stat. § 79-916 Retirement system; membership; member of any other system; contribution or transfer of funds; when; Service Annuity Fund; created; use; investment.
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(1)(a) On July 1, 2004, the board shall transfer from the School Retirement Fund to the Service Annuity Fund an amount equal to the funded ratio of the retirement system which is equal to the market value of the retirement system assets divided by the actuarial accrued liability …
Neb. Rev. Stat. § 79-917 New employee; participation in another governmental plan; how treated.
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Within the first one hundred eighty days of employment, a school employee may apply to the board for eligibility and vesting credit for years of participation in another Nebraska governmental plan, as defined by section 414(d) of the Internal Revenue Code. During the years of par…
Repealed. Laws 2017, LB415, § 55.
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[Repealed or reserved.]
Neb. Rev. Stat. § 79-919 Retirement system; membership; employees of postsecondary schools excluded.
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Any person who is employed by the Board of Trustees of the Nebraska State Colleges, the Board of Regents of the University of Nebraska, or a community college board of governors shall not come under the provisions of the School Employees Retirement Act.
Neb. Rev. Stat. § 79-920 Terms, defined; school plan, membership; participation; requirements; limitations on service.
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(1) For purposes of this section: (a) Association means the State Code Agency Teachers Association, or its equivalent successor, recognized by the State of Nebraska as the exclusive and sole collective-bargaining agent for all teachers other than temporary teachers employed by an…
Neb. Rev. Stat. § 79-921 Retirement system; membership; termination; employer; duty; reinstatement; application for restoration of relinquished creditable service; payment required.
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(1) The membership of any person in the retirement system shall cease only if he or she (a) withdraws his or her accumulated contributions under section 79-955, (b) retires on a school or formula or disability retirement allowance, or (c) dies. (2)(a) The employer shall notify th…
Neb. Rev. Stat. § 79-922 Retiree; return to employment; effect; waiver of payments.
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(1) Commencing on September 13, 1997, a beneficiary retired under the School Employees Retirement Act who returns to employment as a school employee, except for members retired under sections 79-951 to 79-954, shall continue receiving retirement benefits and shall be treated for …
Repealed. Laws 2017, LB415, § 55.
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[Repealed or reserved.]
Neb. Rev. Stat. § 79-924 Repurchase relinquished creditable service; credit for prior years of service; payment; rules and regulations; election; provisions applicable.
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The retirement board may adopt and promulgate rules and regulations to allow for lump-sum or installment payments for school employees who elect to repurchase relinquished creditable service under section 79-921 or buy credit for prior years of service under sections 79-933.03 to…
Neb. Rev. Stat. § 79-925 Retirement system; prior member; repayment authorized; limitation.
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Any person who is now a school employee or becomes a school employee and who had elected out of the retirement system between July 1, 1945, and October 1, 1945, and subsequently elected into the retirement system may elect to repay the retirement system for any number of years of…
Neb. Rev. Stat. § 79-926 Retirement system; members; statement of service record; requirements for prior service credit; exception; reemployment; military service; credit; effect; applicability.
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(1) Under such rules and regulations as the retirement board may adopt and promulgate, each person who was a school employee at any time prior to the establishment of the retirement system and who becomes a member of the retirement system shall, within two years after becoming a …
Neb. Rev. Stat. § 79-927 Service credit; computation.
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(1) The board shall grant service credit pursuant to this section on an annual basis to members who participate during each fiscal year. (2) Service credit shall be calculated as follows: (a) For each year during which a member provides compensated service to one or more school d…
Neb. Rev. Stat. § 79-928 Board; verify service record.
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Subject to the restrictions in the School Employees Retirement Act and to such rules and regulations as the retirement board may adopt, the retirement board shall verify, as soon as practicable after the filing of statements of service, the service claimed in the statements.
Neb. Rev. Stat. § 79-929 Board; issue prior service certificate; modification.
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Upon verification of the statements of service, the retirement board shall issue prior service certificates stating, for each member with a valid claim, the length of service in this state, rendered prior to the day of the establishment of the retirement system, with which the me…
Neb. Rev. Stat. § 79-930 Member; separation from service; return to work; how treated.
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(1)(a) A member who experiences a separation from service with the member's employer but has not submitted a retirement application or a request for distribution pursuant to section 79-955, or received a retirement benefit, disability retirement benefit, or distribution pursuant …
Neb. Rev. Stat. § 79-931 Retirement; when; application.
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(1) A member hired prior to July 1, 2016, upon filing a retirement application with the retirement system, may retire (a) at any age if the member has completed thirty-five years of creditable service, (b) if the member has completed at least five years of creditable service plus…
Neb. Rev. Stat. § 79-932 Retirement; deferment of payment; board; duties.
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(1) Payment of any benefit provided under the retirement system shall not be deferred later than the required beginning date. (2) The board shall make reasonable efforts to locate the member or the member's beneficiary and distribute benefits by the required beginning date. If th…
Neb. Rev. Stat. § 79-933 Retirement; member; amount of allowance.
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(1) Upon retirement under section 79-931, a member or emeritus member shall receive a school retirement allowance which shall consist of the sum of: (a) A savings annuity which shall be the actuarial equivalent, as determined by the retirement board, of the member's accumulated c…
Neb. Rev. Stat. § 79-933.01 Direct rollover; terms, defined; distributee; powers; board; powers.
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(1) For purposes of this section and section 79-933.02: (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 spou…
Neb. Rev. Stat. § 79-933.02 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 sections 79-921, 79-933.03 to 79-933.06, and 79-933.08 if the contributions do not exceed the amount of payment required for the relinquished creditable service repurc…
Neb. Rev. Stat. § 79-933.03 Contributing member; credit for service in other schools; limitation; procedure; payment.
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(1) Under such rules and regulations as the board may adopt and promulgate, a contributing member under contract or employed on July 19, 1996, may receive credit for not to exceed ten years of creditable teaching service rendered in public schools in another state or schools in t…
Neb. Rev. Stat. § 79-933.04 Contributing member; credit for leave of absence; limitation; procedure; payment.
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(1) For contributing members under contract or employed on July 19, 1996, and under such rules and regulations as the board may adopt and promulgate, any member who was away from his or her position while on a leave of absence from such position authorized by the school board or …
Neb. Rev. Stat. § 79-933.05 Contributing member; credit for service in other schools; limitation; procedure; payment.
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(1) A contributing member may purchase service credit for not to exceed ten years of creditable service rendered in public schools in another state or schools in this state covered by the school retirement system established pursuant to section 79-979. The amount to be paid by th…
Neb. Rev. Stat. § 79-933.06 Contributing member; credit for leave of absence; limitation; procedure; payment.
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(1) Any contributing member may purchase service credit for time he or she was on a leave of absence authorized by the school board or board of education of the school district by which he or she was employed at the time of such leave of absence or pursuant to any contractual agr…
Neb. Rev. Stat. § 79-933.07 Purchase of service credit or repurchase of relinquished creditable service; rules and regulations.
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The board may adopt and promulgate rules and regulations for the purchase of service credit or the repurchase of relinquished creditable service, which shall include, but not be limited to, the method for determining actuarial cost and interest requirements for payments other tha…
Neb. Rev. Stat. § 79-933.08 Purchase of service credit within twelve months of retirement; agreement authorized.
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(1) A school employee who became a member before July 1, 2014, and who has completed at least five years of creditable service plus eligibility and vesting credit or a school employee who became a member for the first time on or after July 1, 2014, and who has completed ten or mo…
Neb. Rev. Stat. § 79-933.09 Retirement system; accept transfers; limitations; how treated.
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The retirement system may accept as payment for repurchase of relinquished creditable service under section 79-921 or purchases of service credit made pursuant to the School Employees Retirement Act a direct trustee-to-trustee transfer from (1) an eligible tax-sheltered annuity p…