Chapter 84, STATE OFFICERS
394 sections in this chapter.
Neb. Rev. Stat. § 84-1313.02 Retirement system; transfer eligible rollover distribution; conditions.
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The retirement system may transfer any distribution of benefits to a member which is an eligible rollover distribution as defined in section 84-1312 in a direct rollover to the deferred compensation plan authorized under section 84-1504 if the following conditions are met: (1) Th…
Neb. Rev. Stat. § 84-1314 State Employees Defined Contribution Retirement Expense Fund; State Employees Cash Balance Retirement Expense Fund; created; use; investment.
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(1) The State Employees Defined Contribution Retirement Expense Fund is created. The fund shall be credited with money from the retirement system assets and income sufficient to pay the pro rata share of administrative expenses incurred as directed by the board for the proper adm…
Neb. Rev. Stat. § 84-1315 Auditor of Public Accounts; annual audit of retirement system; annual report.
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It shall be the duty of the Auditor of Public Accounts to make an annual audit of the retirement system and an annual report to the retirement board and to the Clerk of the Legislature of the condition of the retirement system. The report submitted to the Clerk of the Legislature…
Neb. Rev. Stat. § 84-1316 Retirement system; sue and be sued; actions; representation by Attorney General.
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The retirement system may sue or be sued in the name of the system, and in all actions brought by or against it, the system shall be represented by the Attorney General.
Neb. Rev. Stat. § 84-1317 Employees; retirement date; application for benefits; deferment of benefits; board; duties; certain required minimum distributions; election authorized.
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(1) Upon filing an application for benefits with the board, an employee may elect to retire after the attainment of age fifty-five or an employee may retire as a result of disability at any age. (2) The member shall specify in the application for benefits the manner in which he o…
Neb. Rev. Stat. § 84-1318 Employees; benefits; retirement value; how computed.
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The retirement value for any employee who retires under the provisions of section 84-1317 shall be (1) for participants in the defined contribution benefit, the sum of the employee's employee account and employer account as of the date of final account value and (2) for participa…
Neb. Rev. Stat. § 84-1319 Future service retirement benefits; when payable; how computed; selection of annuity; board; deferment of benefits; certain required minimum distributions; election authorized.
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(1) The future service retirement benefit shall be an annuity, payable monthly with the first payment made no earlier than the annuity start date, which shall be the actuarial equivalent of the retirement value as specified in section 84-1318 based on factors determined by the bo…
Neb. Rev. Stat. § 84-1319.01 State Equal Retirement Benefit Fund; created; use; investment.
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The State Equal Retirement Benefit Fund is created. The fund shall be administered by the board. Each state agency participating in the retirement system shall make a contribution at least once a year to the fund, in addition to any other retirement contributions. Such contributi…
Neb. Rev. Stat. § 84-132 Sections; purpose.
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It is the purpose of sections 84-131 to 84-141 to promote the development of the state's human, economic, and physical resources; to promote the health, safety, and general welfare of its citizens; and to secure the economical and efficient expenditure of the state's revenue by c…
Neb. Rev. Stat. § 84-1320 Prior service retirement benefits; when payable; how computed; deferment; reduction in amount, when.
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The prior service retirement benefit shall be a straight life annuity, payable monthly with the first payment made as of the annuity start date, in an amount determined in accordance with the State Employees Retirement Act, except that the payments may be made less often than mon…
Neb. Rev. Stat. § 84-1321 Employees; termination of employment; benefits; when; how computed; vesting; deferment of benefits; certain required minimum distributions; election authorized.
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(1) Except as provided in section 42-1107, upon termination of employment before becoming eligible for retirement under section 84-1317, a member may, upon application to the board, receive: (a) If not vested, a termination benefit equal to the amount in his or her employee accou…
Neb. Rev. Stat. § 84-1321.01 Termination of employment; account forfeited; when; State 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 State Employees Retirement Fund and shall first be used to meet the e…
Neb. Rev. Stat. § 84-1322 Employees; 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 State Employees Retirement Act and shall not receive credit …
Neb. Rev. Stat. § 84-1323 Members; death before retirement; death benefit; amount; direct transfer to retirement plan; 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. § 84-1323.01 Employee; retirement; disability; medical examination; waiver.
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(1) Any member who is an employee, disregarding the length of service, may be retired as a result of disability either upon the member's own application or upon the application of the member's employer or any person acting in the member's behalf. Before any member may be so retir…
Neb. Rev. Stat. § 84-1323.02 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. § 84-1324 Retirement benefits; exemption from legal process; exception.
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All annuities or benefits which any person shall be entitled to receive under the State 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 assignab…
Neb. Rev. Stat. § 84-1325 Employees; military service; credit; payments; 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. § 84-1326 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. § 84-1326.01 Retirement system; member; employee status changed to behavioral health region or community mental health center; benefits retained; application; immediate participation; when.
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(1) Any state employee who is a member of the State Employees Retirement System of the State of Nebraska and whose status is changed by the Legislature to that of an employee of a behavioral health region or an employee of a community mental health center shall, upon application …
Neb. Rev. Stat. § 84-1327 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. § 84-1328 Retirement benefits; declared additional to benefits under federal Social Security Act.
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The retirement allowances and benefits shall be in addition to benefits and allowances payable under the provisions of the federal Social Security Act.
Neb. Rev. Stat. § 84-1329 Limitation of actions.
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Every claim and demand under the State 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. § 84-1329.04 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. § 84-1329.05 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. § 84-133 Governor's Policy Research Office; created; members; Director of Policy Research; appointment; duties; Governor's Policy Research Office Revolving Fund; created; use; investment.
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(1) There is created a Governor's Policy Research Office in the executive branch of state government. The Governor's Policy Research Office shall consist of the Governor, a Director of Policy Research who shall be appointed by the Governor and serve at his or her pleasure, and su…
Neb. Rev. Stat. § 84-1330 Elected officials and employees having regular term; act, when operative.
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The provisions of the State Employees Retirement Act pertaining to elected officials or other employees having a regular term of office shall be interpreted as to effectuate its general purpose and to take effect as soon as the same may become operative under the Constitution of …
Neb. Rev. Stat. § 84-1330.01 State Employees Retirement Fund; elected officials and employees having a regular term; sections, when operative.
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The provisions of sections 84-1309, 84-1317, and 84-1330.01 pertaining to elected officials or other employees having a regular term of office shall be so interpreted as to effectuate their general purpose and to take effect as soon as the same may become operative under the Cons…
Neb. Rev. Stat. § 84-1331 Act, how cited.
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Sections 84-1301 to 84-1331 shall be known and may be cited as the State Employees Retirement Act.
Neb. Rev. Stat. § 84-1332 City or county employee changed by Legislature to state employee; vesting of prior service retirement benefits; application; vested benefits.
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(1) Any city or county employee who is a member under a city or county employees retirement system, including retirement systems authorized by section 23-1118, and whose status as a city or county employee is changed by the Legislature to that of a state employee shall, upon appl…
Neb. Rev. Stat. § 84-1333 County employee changed by law to judge; vesting of prior service retirement benefits; vested benefits.
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Any county employee who is a member under a county employees retirement system and whose status as a county employee is changed by the Legislature to that of a judge shall, upon application to the Public Employees Retirement Board and to the county, obtain full and immediate vest…
Neb. Rev. Stat. § 84-134 Advisory committees or councils; members; appointment; no compensation; expenses; meetings.
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The Governor may establish special or general advisory committees or councils to the Governor's Policy Research Office and appoint the members thereof, who shall serve for stated times or at his or her pleasure. Members shall serve without compensation, but may be reimbursed for …
Neb. Rev. Stat. § 84-135 Governor's Policy Research Office; principal state office to coordinate policy development; duties; Governor's Policy Research Cash Fund; created; use; investment.
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The Governor's Policy Research Office shall be the principal state agency to coordinate policy development relating to the state's social, economic, and physical resources and to coordinate programs administered by the state and its political subdivisions. It shall provide availa…
Neb. Rev. Stat. § 84-136 Governor's Policy Research Office; state development policy alternatives; powers.
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(1) At the direction of the Governor, the Governor's Policy Research Office may prepare and issue long-range state development policy alternatives based on studies, plans, requirements, and operations of departments, agencies, and institutions of state, local, and regional units …
Neb. Rev. Stat. § 84-137 Governor's Policy Research Office; functional plans; Governor; powers.
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(1) In consultation with appropriate state and local governmental agencies, the Governor's Policy Research Office may prepare, or cause to be prepared, and issue on behalf of the Governor, a series of medium-range or long-range development plans on a specific subject or service a…
Neb. Rev. Stat. § 84-139 Plans of state agencies; approval by Governor's Policy Research Office.
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No state agency functional plan of the type referred to in section 84-137 may be promulgated, nor may any planning program of a state agency, department, or institution be undertaken, unless the Governor's Policy Research Office finds that such plans or planning programs are not …
Neb. Rev. Stat. § 84-1407 Act, how cited.
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Sections 84-1407 to 84-1414 shall be known and may be cited as the Open Meetings Act.
Neb. Rev. Stat. § 84-1408 Declaration of intent; meetings open to public.
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It is hereby declared to be the policy of this state that the formation of public policy is public business and may not be conducted in secret. Every meeting of a public body shall be open to the public in order that citizens may exercise their democratic privilege of attending a…
Neb. Rev. Stat. § 84-1409 Terms, defined.
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For purposes of the Open Meetings Act, unless the context otherwise requires: (1)(a) Public body means (i) governing bodies of all political subdivisions of the State of Nebraska, (ii) governing bodies of all agencies, created by the Constitution of Nebraska, statute, or otherwis…
Neb. Rev. Stat. § 84-141 Nebraska Commission on Law Enforcement and Criminal Justice; planning programs; consistent with planning policies of Governor's Policy Research Office.
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The planning programs of the Nebraska Commission on Law Enforcement and Criminal Justice shall be consistent with the planning policies of the Governor's Policy Research Office.
Neb. Rev. Stat. § 84-1410 Closed session; when; purpose; reasons listed; procedure; right to challenge; prohibited acts; chance meetings, conventions, or workshops.
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(1) Any public body may hold a closed session by the affirmative vote of a majority of its voting members if a closed session is clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual and if such ind…
Neb. Rev. Stat. § 84-1411 Meetings of public body; notice; method; contents; when available; right to modify; duties concerning notice; virtual conferencing authorized; requirements; emergency meeting without notice; appearance before public body; applicability of section.
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(1)(a) Except as provided in subsection (9) of this section, each public body shall give reasonable advance publicized notice of the time and place of each meeting by a method designated by each public body and recorded in its minutes. Such notice shall be transmitted to all memb…
Neb. Rev. Stat. § 84-1412 Meetings of public body; rights of public; public body; powers and duties.
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(1) Subject to the Open Meetings Act, the public has the right to attend and the right to speak at meetings of public bodies, and all or any part of a meeting of a public body, except for closed sessions called pursuant to section 84-1410, may be videotaped, televised, photograph…
Neb. Rev. Stat. § 84-1413 Meetings; minutes; roll call vote; secret ballot; when; agenda and minutes; required on website; when.
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(1) Each public body shall keep minutes of all meetings showing the time, place, members present and absent, and the substance of all matters discussed. (2) Any action taken on any question or motion duly moved and seconded shall be by roll call vote of the public body in open se…
Neb. Rev. Stat. § 84-1414 Unlawful action by public body; declared void or voidable by district court; when; duty to enforce open meeting laws; citizen's suit; procedure; violations; penalties.
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(1) Any motion, resolution, rule, regulation, ordinance, or formal action of a public body made or taken in violation of the Open Meetings Act shall be declared void by the district court if the suit is commenced within one hundred twenty days of the meeting of the public body at…
Neb. Rev. Stat. § 84-1415 Open Meetings Act; requirements; waiver; validity of action.
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No motion, resolution, rule, regulation, ordinance, or formal action made, adopted, passed, or taken at a meeting as defined in section 84-1409 of a public body as defined in such section shall be invalidated because such motion, resolution, rule, regulation, ordinance, or formal…
Neb. Rev. Stat. § 84-1501 Public Employees Retirement Board; created; members; qualifications; appointment; terms; vacancy; removal.
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(1) The Public Employees Retirement Board is hereby established. (2)(a) The board shall consist of nine appointed members as described in this subsection and the state investment officer as a nonvoting, ex officio member. Seven of the appointed members shall be active or retired …
Neb. Rev. Stat. § 84-1502 Board; chairperson; secretary; election; meetings; compensation; expenses.
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(1) Within thirty days after its appointment, the Public Employees Retirement Board shall meet and select a chairperson and secretary. Thereafter, the chairperson and the secretary shall be elected in January of each year. (2) The board shall meet upon call of the chairperson, up…
Neb. Rev. Stat. § 84-1503 Board; duties; executive director; duties.
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(1) It shall be the duty of the Public Employees Retirement Board: (a) To administer the retirement systems provided for in the County Employees Retirement Act, the Judges Retirement Act, the Nebraska State Patrol Retirement Act, the School Employees Retirement Act, the State Emp…
Neb. Rev. Stat. § 84-1503.02 Board; duties and responsibilities.
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(1) The appointed members of the Public Employees Retirement Board shall have the responsibility for the administration of the retirement systems pursuant to subdivision (1)(a) of section 84-1503, shall be deemed fiduciaries with respect to the administration of the retirement sy…