Archives - 104th Legislature

104th Legislature - 2015 & 2016

2016 Legislative Action

Bill # Description Status
LB 236
All Plans
LB 236 is a carryover bill from the 104th Legislature, first session. The bill provides for attachment or garnishment of retirement benefits when a plan member is convicted of or pleads no contest to a felony or misdemeanor and is subsequently found liable for civil damages after the effective date of the act. The bill exempts from garnishment any benefit or annuity payments "reasonably necessary for the support of the member or any of his or her beneficiaries."

If the conviction is reversed, all benefits paid as civil damages would be forfeited and returned to the member.
Indefinitely Postponed
LB 447
School
As amended by AM1979 & AM2282:
LB 447 removes the current statutory language allowing payment of disability retirement benefits to individuals who work less than 20 hours as a school employee. If passed, disability retirement benefits cease if a member returns to active service as a school employee after receiving disability retirement benefits or if a physician certifies the member is no longer disabled for service as a school employee.

In addition, the bill proposes to remove the ½ year of service vesting for members who are actively employed on or over age 65. All members, regardless of age, would require a minimum of five years of service credit to vest in the plan. This provision would apply to:
  • All new members hired on or after 7/1/2016.
  • Members who have taken a refund or retirement and are hired or rehired on or after 7/1/2016.
AM1979 adds language from LB 922 & LB 986 to this bill.

AM2344 "cleanup" language.

This bill also transfers investment authority from the OSERS Board of Trustees to the Nebraska Investment Council, and makes the Public Employees Retirement Board/NPERS the pass through agency for OSERS transactions.

Passed and Approved by Governor

LB 467
Patrol
As amended by AM2351:
The bill creates a second tier of benefits for members joining the Nebraska State Patrol plan on or after 7/1/2016. This benefit tier would mirror the current plan with the following exceptions:
  • Individuals participating in “Tier Two” would contribute 17% of salary.
  • Monthly retirement benefits for Tier Two members would be calculated using their five highest 12-month periods of salary.
  • Compensation would not include unused sick and vacation leave, holiday compensatory time, compensatory time, or similar benefits converted to cash payments.
  • Increases in salary will be capped at 8% per year when determining the final average compensation used to calculate retirement benefits.
  • The 60% purchasing power cost of living adjustment (COLA) provision is removed and COLA’s for retirement payments would be capped at 1% for Tier Two participants. If the annual actuarial report indicates the plan is fully funded with a sufficient actuarial surplus, the retirement board may elect to issue a supplemental lump-sum cost of living adjustment for that year. The supplemental COLA cannot exceed 1.5%.
  • Tier Two members would not be eligible to participate in the Deferred Retirement Option Plan (DROP).
The bill contains an emergency clause and would take effect when passed and approved according to law.
Passed and Approved by Governor

LB 484
County
LB 484 would increase the current 4.5% member contribution rate to 6.75% for counties with a population over 100,000. The current employer contribution rate would remain at 6.75%. If passed, the proposed change would only affect Sarpy County members at this time. Provisions in the bill would apply to both current and incoming Sarpy County plan members. Indefinitely Postponed
LB 551
Local Governmental Employees
LB 551 proposes creating a new Cash Balance retirement plan for individuals who are employed by local governmental entities. Individuals already participating in existing local governmental plans would be given a one-time option to “opt in” and transfer their accounts. Vesting credit would be granted for service accrued under the prior plan.

Contribution rates and account rates of return are not yet designated. An unspecified additional supplemental contribution would be required for police officers and firefighters employed by cities with populations of more than 5,000 up to 100,000.

Vesting would occur after three years of plan participation or working for a participating employer up to age 55. Newly enrolled members would be able to apply for vesting credit for participation in another Nebraska governmental plan.

Distribution options at retirement or termination would include an annuity, lump sum, or rollover.

The bill would also add a new member representing the plan to the Public Employees Retirement Board.
Indefinitely Postponed
LB 594
County (Law Enforcement)
Under current legislation, counties with specified populations are required to create a supplemental retirement plan for commissioned law enforcement personnel. For populations in excess of 85,000, both the member and the county are required to contribute an additional 2% of salary to these accounts. For populations of 85,000 or less, the required member and employer contribution rate is 1%. LB 594 would insert the language "at least" in front of the named contribution rate thereby allowing the employees and employer to contribute an amount higher than the current percentage. Indefinitely Postponed
LB 655
Firefighters
LB 655 proposes to create a new “Cities of the First Class Firefighters Cash Balance” retirement plan for firefighters employed by cities with populations of more than 5,000 up to 100,000. The bill would offer employees already participating in the Cities of the First Class Defined Benefit plan a one-time opportunity to keep their current retirement plan or join the Cash Balance plan.

Participants would contribute 6.5% of compensation with a 200% employer match. Accounts would receive a rate of return based on the Federal Mid-term rate plus 1.5%, or a minimum of 5%, whichever is greater.

Vesting time frames are incremental. Members with less than four years of plan participation are not vested. Starting at four years of plan participation, members will be vested at 40% of the employer match. At five years, 60% vested. At 6 years, 80% vested. At 7 years, fully vested. Newly enrolled members would be able to apply for vesting credit for participation in another Nebraska governmental plan.

Distribution options at retirement or termination would include an annuity, lump sum, or rollover. The bill would also add a new member representing the plan to the Public Employees Retirement Board.

The bill contains an emergency clause and would take effect when passed and approved according to law.

As amended by AM2178:
Allows members of current plans a period to opt in to the new Cash Balance plan.

Creates a death and disability program managed by the participating cities and funded by an additional 0.5% member contribution to a separate fund.
Indefinitely Postponed
LB 790
Judges & School
The bill alphabetizes the statutory definitions for the Judges and School plans. Passed and Approved by Governor
LB 803
Judges
This bill updates the portion of the $42 clerk of the district court docket fee remitted to the Nebraska Retirement Fund for Judges. Currently, $2 of the docket fee is remitted to the Judges Retirement Fund. This bill increases this amount to $4 effective 7/1/2016. On 7/1/2017, this amount increases to $6. Passed and Approved by Governor
LB 922
Retirement Board
The bill staggers the terms of board members in order to prevent multiple terms from expiring in the same year. In addition, the bill clarifies that the Governor has the authority to remove members of the Public Employees Retirement Board "for cause after notice and an opportunity to be heard." Amended into LB 447
LB 986
Retirement Board
In addition to annual actuarial reports, this bill requires an experience study to review actuarial assumptions be conducted at least once every four years, or at the request of the Nebraska Retirement Systems Committee. If the Public Employees Retirement Board does not adopt all of the recommendations in the experience study "the boardshall provide to the committee within ten business days after the board's decision at a public meeting a written explanation describing the board's analysis and factors considered in reaching its decision."

In addition, the bill requires a confidential, initial and final draft of actuarial reports and experience studies be provided to the Governor and the Nebraska Retirement Systems Committee.
Amended into LB 447
LB 1069
All Plans
This bill requires the Nebraska State Investment Officer to:
  • "Determine the extent to which state funds are invested in companies or funds which derive a substantial portion of their revenue from extraction or combustion of fossil fuels."
  • "Review the extent to which state funds are invested in companies or funds which derive a substantial portion of their revenue from clean energy and opportunities for investment in clean energy..
  • Create a plan and divest from fossil fuels and invest in clean energy "to the extent it is consistent with prudent investment strategies."
  • Provide a status report to the Governor and to the Clerk of the Legislature no later than 12/15/2016.
Indefinitely Postponed

2015 Legislative Action

Bill # Description Status
LB 40
County, Judges, Patrol,
State

LB 40 was introduced at the request of the Nebraska Public Employees Retirement System. It grants the Public Employees Retirement Board the authority to issue subpoenas when there is a need to investigate an overpayment of a benefit.

The PERB shall have the power to compel the attendance of witnesses and the production of books, papers, records, and documents; and issue subpoenas. Such subpoenas shall be served in the same manner and have the same effect as subpoenas from district courts.

AM224 removes unconstitutional benefit garnishment provisions added in 2012 by LB 916.

Passed and Approved by Governor

AM224 Adopted
LB 41
County
LB 41 would increase the population cap designated for participation in the Nebraska County Retirement Plan from 200,000 to 250,000. Passed and Approved by Governor
LB 236
All Plans
LB 236 would provide for attachment or garnishment of retirement benefits when a plan member is convicted of or pleads no contest to a felony or misdemeanor and is subsequently found liable for civil damages. The bill would exempt from garnishment any benefit or annuity payments "reasonably necessary for the support of the member or any of his or her beneficiaries."

The legislation would apply to persons convicted and found liable for civil damages prior to, on, or after the effective date of this act. If the conviction is reversed, all benefits paid as civil damages would be forfeited and returned to the member
In Committee
LB 448
School
Retirement Committee Priority Bill
As amended by AM1555, the provisions of LB 448 would affect the Class V (Omaha) School Retirement plan. Language that would have transferred Omaha members to the Nebraska Public School Retirement plan has been removed from the bill.

Bracket (delayed) to 4/15/2016

LB 467
Patrol
LB 467 proposes Patrol members who elect to participate in the DROP option on or after 7/1/2020 would be required to continue making retirement contributions while enrolled in DROP.

In addition, the bill would create a second tier of benefits for members joining the Nebraska State Patrol plan on or after 7/1/2015. This benefit tier would mirror the current plan with the following exceptions:
  • Individuals participating in “Tier Two” would contribute 18% of salary and the employer would match contributions at 100%.
  • Monthly retirement benefits for Tier Two members would be calculated using their five highest 12-month periods of salary.
  • The 60% purchasing power cost of living adjustment provision is removed for Tier Two participants. Cost of living adjustments to retirement payments would be capped at 1%. If the annual actuarial study finds sufficient funding, the retirement board may elect to increase the cost-of-living adjustment to a maximum of 2.5%.
The bill contains an emergency clause and would take effect when passed and approved according to law.
In Committee
LB 468
Judges
Retirement Committee Priority Bill
LB 468 (as amended by AM1172 & AM1582) proposes a second tier of benefits for members joining the Nebraska Judges plan on or after 7/1/2015. This benefit tier would mirror the current plan with the following exceptions:
  • Individuals participating in “Tier Two” will contribute 10% of salary.
  • Monthly retirement benefits for Tier Two members would be calculated using their five highest 12-month periods of salary.
  • The 75% purchasing power cost of living adjustment provision is removed for Tier Two participants. Cost of living adjustments for retirement payments would be capped at 1%. If the annual actuarial study finds sufficient funding, the retirement board may elect to issue a supplemental lump-sum cost of living adjustment for that year.  The supplemental cost of living adjustment cannot exceed 1.5%.

In addition, this bill would modify funding of the plan.  Under current statute, $2 of the Nebraska court fee is allocated to the Nebraska Retirement Fund for Judges.  LB 468 would increase this allocation for county courts to $4 as of 7/1/2015.  On 7/1/2017, the county court allocation would increase to $6.  The separate $6 court fee assessed specifically for the Nebraska Retirement Fund for Judges would not be altered by this legislation.

The bill contains an emergency clause and would take effect when passed and approved according to law.

Passed and Approved by Governor
LB 484
County
LB 484 would increase the current 4.5% member contribution rate to 6.75% for counties with a population over 100,000. The current employer contribution rate would remain at 6.75%. If passed, the proposed change would only affect Sarpy County members at this time. Provisions in the bill would apply to both current and incoming Sarpy County plan members. In Committee
LB 551
Local Governmental Employees
LB 551 proposes creating a new Cash Balance retirement plan for individuals who are employed by local governmental entities. Individuals already participating in existing local governmental plans would be given a one-time option to “opt in” and transfer their accounts. Vesting credit would be granted for service accrued under the prior plan.

Contribution rates and account rates of return are not yet designated. An unspecified additional supplemental contribution would be required for police officers and firefighters employed by cities with populations of more than 5,000 up to 100,000.

Vesting would occur after three years of plan participation or working for a participating employer up to age 55. Newly enrolled members would be able to apply for vesting credit for participation in another Nebraska governmental plan.

Distribution options at retirement or termination would include an annuity, lump sum, or rollover.

The bill would also add a new member representing the plan to the Public Employees Retirement Board.
In Committee
LB 594
County (Law Enforcement)
Under current legislation, counties with specified populations are required to create a supplemental retirement plan for commissioned law enforcement personnel. For populations in excess of 85,000, both the member and the county are required to contribute an additional 2% of salary to these accounts. For populations of 85,000 or less, the required member and employer contribution rate is 1%. LB 594 would insert the language "at least" in front of the named contribution rate thereby allowing the employees and employer to contribute an amount higher than the current percentage. In Committee
LB 602
Judges

LB 602 proposes to add the court fee assessed for the Nebraska Retirement Fund for Judges to pretrial diversion programs.

AM308 would remove the original language in the bill increasing the fee from $6 to $8.

The bill contains an emergency clause and would take effect when passed and approved according to law.

Placed on General File

AM308 Pending
LB 655
Firefighters
LB 655 proposes to create a new “Cities of the First Class Firefighters Cash Balance” retirement plan for firefighters employed by cities with populations of more than 5,000 up to 100,000. The bill would offer employees already participating in the Cities of the First Class Defined Benefit plan a one-time opportunity to keep their current retirement plan or join the Cash Balance plan.

Participants would contribute 6.5% of compensation with a 200% employer match. Accounts would receive a rate of return based on the Federal Mid-term rate plus 1.5%, or a minimum of 5%, whichever is greater.

Vesting time frames are incremental. Members with less than four years of plan participation are not vested. Starting at four years of plan participation, members will be vested at 40% of the employer match. At five years, 60% vested. At 6 years, 80% vested. At 7 years, fully vested. Newly enrolled members would be able to apply for vesting credit for participation in another Nebraska governmental plan.

Distribution options at retirement or termination would include an annuity, lump sum, or rollover. The bill would also add a new member representing the plan to the Public Employees Retirement Board.

The bill contains an emergency clause and would take effect when passed and approved according to law.
In Committee