Disability retirement allowance: Consequences of employment of recipient.

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1. Except as otherwise provided in subsection 2, whenever a recipient of a disability retirement allowance returns to employment with a participating public employer, the allowance must be discontinued, the member shall again become a contributing member of the System and the member’s service credit at time of disability retirement must be restored. An amount equivalent to the member’s total employee contributions at time of disability less 15 percent of total disability benefits paid must be returned to the member’s individual member account. The member shall retire under the same retirement plan previously selected for retirement on account of disability if the member returns to disability retirement or elects service retirement within 1 year after the member’s return to employment.

2. A recipient of a disability retirement allowance may be employed and continue to receive the member’s allowance if the member applies to the Board for approval of the employment before the member begins to work and the Board approves the application. The application must include:

(a) A full description of the proposed employment; and

(b) A statement written by the member declaring the reasons why the proposed employment should not be found to conflict with the member’s disability.

[Part 22:181:1947; A 1949, 174; 1951, 269] — (NRS A 1975, 1057; 1981, 455; 1985, 1720; 1991, 1973)


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