NAC287.485. Subsidy for retired officer or employee: Report required to obtain subsidy; audit of service credit required; billing; commencement of payment; adjustment of amount of subsidy; assumption of liability for service credit earned.  


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  •      1. To obtain a subsidy, a retired officer or employee who participates in the Program must report to the Program, on a form prescribed by the Program, each public employer with which he or she earned service credit and the period of service with each such public employer.

         2. The Executive Officer or a designee thereof shall request an audit from the appropriate certifying agency to determine the initial date of hire of a retired officer or employee and the years and months of service credit earned by the retired officer or employee with each public employer of the retired officer or employee during the period of that employment. Such a request must be made within 14 days after the later of:

         (a) The receipt of the report made to the Program pursuant to subsection 1; or

         (b) The date of the retirement of the retired officer or employee.

         3. For the purposes of subsections 1 and 2, service credit:

         (a) Must be computed in the manner set forth in NRS 286.495 or 286.501, as applicable;

         (b) Must include any service credit that has been restored by the repayment of contributions that the retired officer or employee had withdrawn from the Public Employees’ Retirement System pursuant to NRS 286.430; and

         (c) Must not include any service credit that was purchased pursuant to NRS 1A.310 or 286.300.

         4. Except as otherwise provided in subsection 5, the Executive Officer or a designee thereof shall not submit a bill to a public employer for a subsidy for a retired officer or employee until an audit requested pursuant to subsection 2 for the retired officer or employee is received by the Program.

         5. If an audit requested pursuant to subsection 2 is received after the date on which coverage of the retired officer or employee becomes effective, the Executive Officer or a designee thereof shall submit to the previous public employer of the retired officer or employee a bill for the subsidy incurred between the date on which coverage of the retired officer or employee became effective and the date on which the audit was received.

         6. A public employer shall commence payment of its subsidy for a retired officer or employee upon receipt of the bill for the subsidy.

         7. If, after receiving an audit requested pursuant to subsection 2, the Program receives any additional audit for the retired officer or employee for whom the original audit was conducted:

         (a) The Program shall adjust the amount to be billed to the retired officer or employee and to the previous public employer of the retired officer or employee according to the years and months of service credit reported in the most recent audit; and

         (b) Any such adjustment will be effective on the first day of the month after the receipt by the Program of the most recent audit.

         8. A public employer or other entity may assume from a public employer the liability for the years and months of service credit earned by a retired officer or employee if the public employer assuming the liability submits a written certification to the Program containing:

         (a) The name and social security number of the retired officer or employee;

         (b) The dates during which the service credit for which the public employer or other entity is assuming liability was earned by the retired officer or employee;

         (c) A statement acknowledging that the public employer or other entity is assuming the liability associated with the dates listed pursuant to paragraph (b);

         (d) A signature of the director or chief executive officer of the public employer or other entity assuming liability, or a designee of the director or chief executive officer of the public employer or other entity assuming liability; and

         (e) The name, title and contact information of the person who signed the certification.

         9. If a public employer with which a retired officer or employee earned service credit ceases to exist as a public employer, the public employer that has the most direct jurisdictional association with the public employer that ceases to exist, as determined by the Executive Officer, shall assume liability for the years and months of service credit earned by the retired officer or employee with the public employer that ceases to exist.

         10. The results reported in an audit received by the Program pursuant to the provisions of this section may not be appealed.

     (Added to NAC by Bd. of Pub. Employees’ Benefits Prog. by R154-03, eff. 3-22-2004; A by R089-05, 6-28-2006; R126-07, 1-30-2008; R107-09, 4-20-2010; R108-12, 12-20-2012)