NRS
1A.280 Withdrawal from Public Employees’ Retirement System to become
member of Judicial Retirement Plan; transfer of liability and service;
re-establishment of service prohibited; restriction on benefits.
1. A person who is elected or appointed as
a justice of the Supreme Court, judge of the Court of Appeals or district judge
on or after November 5, 2002, and takes office on or after January 1, 2003, and
who is a member of the Public Employees’ Retirement System established pursuant
to chapter 286 of NRS on the date that he or
she is elected or appointed may withdraw from the Public Employees’ Retirement
System and become a member of the Judicial Retirement Plan if the justice or
judge gives written notice to the Board of his or her intention to withdraw
from the Public Employees’ Retirement System and to become a member of the
Judicial Retirement Plan. Such notice must be given to the Board within the
time set forth in subsection 3 and must be given the first time that the
justice or judge is elected or appointed while he or she is a member of the
Public Employees’ Retirement System.
2. A justice or judge may not become a
member of the Judicial Retirement Plan pursuant to subsection 1 if the justice
or judge has previously been elected or appointed on or after November 5, 2002,
and taken office on or after January 1, 2003, while the justice or judge was a
member of the Public Employees’ Retirement System and the justice or judge did
not give notice of his or her intention to withdraw from the Public Employees’
Retirement System and to become a member of the Judicial Retirement Plan in the
manner set forth in this section.
3. Written notice given pursuant to
subsection 1 must be received by the Board:
(a) If the justice or judge is elected, by March
31 of the year immediately following the year in which he or she was elected;
or
(b) If the justice or judge is appointed, within
90 days after his or her appointment.
4. If the Board receives notice pursuant
to this section that a justice or judge intends to withdraw from the Public
Employees’ Retirement System, it shall transfer from the Public Employees’
Retirement Fund to the Judicial Retirement Plan the accrued actuarial liability
and credit for service earned by the justice or judge while a member of the
Public Employees’ Retirement System as determined by an actuary of the Judicial
Retirement System. The service so transferred must be accredited under the
Judicial Retirement Plan as if performed in the Public Employees’ Retirement
System.
5. If the Board does not receive written
notice that a justice or judge intends to withdraw from the Public Employees’
Retirement System pursuant to subsection 3, the justice or judge will remain a
member of the Public Employees’ Retirement System.
6. A justice or judge who exercises the
option granted by this section may not re-establish the service for which the
liabilities were transferred.
7. No justice of the Supreme Court, judge
of the Court of Appeals or district judge or survivor of a justice of the
Supreme Court, judge of the Court of Appeals or district judge may receive
benefits under both this chapter and chapter 286
of NRS.
8. A justice of the Supreme Court, judge
of the Court of Appeals or district judge or survivor of a justice of the
Supreme Court, judge of the Court of Appeals or district judge who is receiving
a retirement allowance from the Public Employees’ Retirement System on January
1, 2003, is not eligible for transfer to the Judicial Retirement Plan.
(Added to NRS by 2001
Special Session, 73; A 2005,
1068; 2013,
1720)
Notes of Decisions
Nevada Pub. Employees' Ret. Bd. v. Smith, 310 P.3d 560 (Nev. 2013).
· cites it 7× “Smith, hereby elect to withdraw from the Public Employees’ Retirement System (PERS) and become a member of the Judicial Retirement System (JRS) pursuant to NRS 1A.280. I understand that this election is irrevocable and that I may not reestablish my service in PERS under any…”
Nev. Pub. Emps. Ret. Bd. v. Smith, No. 56801 (Nev. Oct. 3, 2013).
· cites it 8× “Smith, hereby elect to withdraw from the Public Employees' Retirement System (PERS) and become a member of the Judicial Retirement System (JRS) pursuant to NRS 1A.280. I understand that this election is irrevocable and that I may not reestablish my service in PERS under any…”
Walker v. Walker, 561 P.3d 1064 (Nev. 2025).
“See NRS 1A.280(1)-(6). Both programs are managed by the Nevada Public Retirement System, but the terms differ.”
Nev. Rev. Stat. § 1A.280(1): 1 case
Walker v. Walker, 561 P.3d 1064 (Nev. 2025).
“See NRS 1A.280(1)-(6). Both programs are managed by the Nevada Public Retirement System, but the terms differ.”
Nev. Rev. Stat. § 1A.280(3)(a): 1 case
Nev. Pub. Emps. Ret. Bd. v. Smith, No. 56801 (Nev. Oct. 3, 2013).
“Smith, hereby elect to withdraw from the Public Employees' Retirement System (PERS) and become a member of the Judicial Retirement System (JRS) pursuant to NRS 1A.280. I understand that this election is irrevocable and that I may not reestablish my service in PERS under any…”
Nev. Rev. Stat. § 1A.280(5): 2 cases
Nevada Pub. Employees' Ret. Bd. v. Smith, 310 P.3d 560 (Nev. 2013).
“Smith, hereby elect to withdraw from the Public Employees’ Retirement System (PERS) and become a member of the Judicial Retirement System (JRS) pursuant to NRS 1A.280. I understand that this election is irrevocable and that I may not reestablish my service in PERS under any…”
Nev. Pub. Emps. Ret. Bd. v. Smith, No. 56801 (Nev. Oct. 3, 2013).
“Smith, hereby elect to withdraw from the Public Employees' Retirement System (PERS) and become a member of the Judicial Retirement System (JRS) pursuant to NRS 1A.280. I understand that this election is irrevocable and that I may not reestablish my service in PERS under any…”
Nev. Rev. Stat. § 1A.280(6): 2 cases
Nevada Pub. Employees' Ret. Bd. v. Smith, 310 P.3d 560 (Nev. 2013).
“Smith, hereby elect to withdraw from the Public Employees’ Retirement System (PERS) and become a member of the Judicial Retirement System (JRS) pursuant to NRS 1A.280. I understand that this election is irrevocable and that I may not reestablish my service in PERS under any…”
Nev. Pub. Emps. Ret. Bd. v. Smith, No. 56801 (Nev. Oct. 3, 2013).
“Smith, hereby elect to withdraw from the Public Employees' Retirement System (PERS) and become a member of the Judicial Retirement System (JRS) pursuant to NRS 1A.280. I understand that this election is irrevocable and that I may not reestablish my service in PERS under any…”
Nev. Rev. Stat. § 1A.280(7): 2 cases
Nevada Pub. Employees' Ret. Bd. v. Smith, 310 P.3d 560 (Nev. 2013).
“Smith, hereby elect to withdraw from the Public Employees’ Retirement System (PERS) and become a member of the Judicial Retirement System (JRS) pursuant to NRS 1A.280. I understand that this election is irrevocable and that I may not reestablish my service in PERS under any…”
Nev. Pub. Emps. Ret. Bd. v. Smith, No. 56801 (Nev. Oct. 3, 2013).
“Smith, hereby elect to withdraw from the Public Employees' Retirement System (PERS) and become a member of the Judicial Retirement System (JRS) pursuant to NRS 1A.280. I understand that this election is irrevocable and that I may not reestablish my service in PERS under any…”
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