NAC281.250. Authority and duties of State Controller; reports by certain organizations; resolution of disputes.

     1. In addition to any other withholdings provided by law, the State Controller may withhold money from the salary or wages of an officer or employee of the Executive Department whose payroll is processed by the State Controller for payment to:

     (a) Any charitable organization approved by the State Controller.

     (b) Employee credit unions.

     (c) Except as otherwise provided in subsection 2, insurers.

     (d) The United States for the purchase of savings bonds or similar obligations of the United States.

     (e) An employee organization or labor organization whose primary mission is the advancement and support of its members within the employment positions and professions of the members, if:

          (1) At least 15 percent of the officers or employees of the State request withholdings from their wages or salaries for payment to the organization;

          (2) At least 51 percent of the officers or employees of the State who are eligible to be members of a homogeneous unit request withholdings from their wages or salaries for payment to the organization; or

          (3) At least 100 of the officers or employees of the State who are eligible to be members of a homogeneous unit request withholdings from their wages or salaries for payment to the organization.

     2. The State Controller will, upon receipt of information from the Public Employees’ Benefits Program specifying amounts of premiums or contributions for coverage by the Public Employees’ Benefits Program, withhold those amounts from the salaries or wages of officers and employees who participate in the Public Employees’ Benefits Program and pay those amounts to the Public Employees’ Benefits Program.

     3. An officer or employee of the Executive Department is not entitled to continue the withholding provided by paragraph (e) of subsection 1 if the number of officers or employees who request the withholding falls below the percentage or number required by paragraph (e) of subsection 1.

     4. Not earlier than January 1 of each year and not later than July 1 of that year, an employee organization or labor organization that receives money pursuant to paragraph (e) of subsection 1 shall submit to the State Controller a detailed report of the membership of the organization. The State Controller will review the report to determine whether the percentage or number required by paragraph (e) of subsection 1 is met.

     5. The State Controller will send written notice to an employee organization or labor organization if the number of officers and employees who request that money be withheld for payment to the organization falls below the percentage or number required by paragraph (e) of subsection 1. The members of the organization may continue to have the money withheld from their salaries or wages and paid to the organization for not more than 1 year after the date of the notice given by the State Controller. If the percentage or number required by paragraph (e) of subsection 1 is not met in that year, the withholding will be discontinued.

     6. The percentages and number required by paragraph (e) of subsection 1 do not apply to an officer or employee of the Executive Department whose withholding for payment to an employee organization or labor organization began before January 2, 1990.

     7. All disputes regarding withholdings, including refunds and missed withholdings, must be resolved by the employee and the organization receiving the withholding.

     8. As used in subsection 1, “homogeneous unit” means a group of state employees or officers having a sufficient community of interest to make it appropriate for them to be represented by a particular employee organization.

     (Added to NAC by St. Controller, eff. 1-2-90; A by R120-03, 2-4-2004)