Allowance for retired police officer or firefighter: Benefits for spouse upon death; credit for certain other service prohibited; costs of benefit paid by employee.

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1. A retired employee whose service or disability retirement allowance is payable from the Police and Firefighters’ Retirement Fund is entitled to receive the allowance without modification.

2. Upon the death of such a retired employee, a person who was the retired employee’s spouse at the time of retirement is entitled, upon attaining the age of 50 years, to receive a benefit equal to 50 percent of the allowance to which the retired employee was entitled.

3. This section does not apply to a person who:

(a) Begins receiving a service or disability retirement allowance or a benefit from the Police and Firefighters’ Retirement Fund before July 1, 1981.

(b) At the time of retirement, elects one of the alternatives to an unmodified retirement allowance.

4. Service performed after July 1, 1981, in positions other than as a police officer or firefighter, except military service, may not be credited toward the benefit conferred by this section. A police officer or firefighter who has performed service which is not creditable toward this benefit may elect to:

(a) Select a retirement option other than one permitted by this section;

(b) Receive the benefit conferred by this section with a spouse’s benefit reduced by a proportion equal to that which the service which is not creditable bears to the police officer’s or firefighter’s total service; or

(c) Purchase the additional spouse’s benefit at the time the police officer or firefighter retires by paying the full actuarial cost as computed for the police officer’s or firefighter’s situation by the actuary of the System.

5. The entire cost of the benefit conferred by this section must be paid by the employee. Each employer must adjust the salaries of its employees who are eligible for the benefit to offset its cost to the employer. Employers who adjust salaries pursuant to this subsection do not by doing so violate any collective bargaining agreement or other contract.

(Added to NRS by 1979, 945; A 1981, 441; 1983, 487, 1931; 1985, 1721; 1999, 2621; 2003, 2065)


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