LB918 LB918
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LEGISLATURE OF NEBRASKA
ONE HUNDRED EIGHTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 918
Introduced by Wayne, 13.
Read first time January 04, 2024
Committee: Judiciary
1 A BILL FOR AN ACT relating to law enforcement; to amend sections 4-108,
2 4-111, 23-2306, 81-1410, 81-2016, and 84-1504, Reissue Revised
3 Statutes of Nebraska, and sections 81-1401 and 84-1307, Revised
4 Statutes Cumulative Supplement, 2022; to allow individuals who have
5 received Deferred Action for Childhood Arrivals status to receive
6 law enforcement officer training and certification; to allow such
7 persons to participate in retirement programs for such law
8 enforcement positions; to define a term; to harmonize provisions;
9 and to repeal the original sections.
10 Be it enacted by the people of the State of Nebraska,
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1 Section 1. Section 4-108, Reissue Revised Statutes of Nebraska, is
2 amended to read:
3 4-108 (1) Notwithstanding any other provisions of law, unless
4 exempted from verification under section 4-110 or pursuant to federal
5 law, no state agency or political subdivision of the State of Nebraska
6 shall provide public benefits to a person not lawfully present in the
7 United States.
8 (2) Except as provided in section 4-110 or if exempted by federal
9 law, every agency or political subdivision of the State of Nebraska shall
10 verify the lawful presence in the United States of any person who has
11 applied for public benefits administered by an agency or a political
12 subdivision of the State of Nebraska. This section shall be enforced
13 without regard to race, religion, gender, ethnicity, or national origin.
14 (3) On and after October 1, 2009, no employee of a state agency or
15 political subdivision of the State of Nebraska shall be authorized to
16 participate in any retirement system, including, but not limited to, the
17 systems provided for in the Class V School Employees Retirement Act, the
18 County Employees Retirement Act, the Judges Retirement Act, the Nebraska
19 State Patrol Retirement Act, the School Employees Retirement Act, and the
20 State Employees Retirement Act, unless the employee (a) is a United
21 States citizen, or (b) is a qualified alien under the federal Immigration
22 and Nationality Act, 8 U.S.C. 1101 et seq., as such act existed on
23 January 1, 2009, and is lawfully present in the United States, or (c) is
24 an eligible immigrant employed as a law enforcement officer, as such
25 terms are defined in section 81-1401.
26 Sec. 2. Section 4-111, Reissue Revised Statutes of Nebraska, is
27 amended to read:
28 4-111 (1) Verification of lawful presence in the United States
29 pursuant to section 4-108 requires that the applicant for public benefits
30 attest in a format prescribed by the Department of Administrative
31 Services that:
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1 (a) He or she is a United States citizen; or
2 (b) He or she is a qualified alien under the federal Immigration and
3 Nationality Act, 8 U.S.C. 1101 et seq., as such act existed on January 1,
4 2009, and is lawfully present in the United States; or .
5 (c) For purposes of attendance at a law enforcement training academy
6 under section 81-1410, certification and employment as a law enforcement
7 officer as defined in section 81-1401, or receipt of any public benefits
8 relating to such attendance, certification, or employment, that he or she
9 is an eligible immigrant as defined in section 81-1401.
10 (2) A state agency or political subdivision of the State of Nebraska
11 may adopt and promulgate rules and regulations or procedures for the
12 electronic filing of the attestation required under subsection (1) of
13 this section if such attestation is substantially similar to the format
14 prescribed by the Department of Administrative Services.
15 (3)(a) The Legislature finds that it is in the best interest of the
16 State of Nebraska to make full use of the skills and talents in the state
17 by ensuring that a person who is work-authorized is able to obtain a
18 professional or commercial license and practice his or her profession.
19 (b) For purposes of a professional or commercial license, the
20 Legislature finds that a person not described in subdivision (1)(a) or
21 (1)(b) of this section who submits (i) an unexpired employment
22 authorization document issued by the United States Department of Homeland
23 Security, Form I-766, and (ii) documentation issued by the United States
24 Department of Homeland Security, the United States Citizenship and
25 Immigration Services, or any other federal agency, such as one of the
26 types of Form I-797 used by the United States Citizenship and Immigration
27 Services, demonstrating that such person is described in section 202(c)
28 (2)(B)(i) through (x) of the federal REAL ID Act of 2005, Public Law
29 109-13, has demonstrated lawful presence pursuant to section 4-108 and is
30 eligible to obtain such license. Such license shall be valid only for the
31 period of time during which such person's employment authorization
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1 document is valid. Nothing in this subsection shall affect the
2 requirements to obtain a professional or commercial license that are
3 unrelated to the lawful presence requirements demonstrated pursuant to
4 this subsection.
5 (c) Nothing in this subsection shall be construed to grant
6 eligibility for any public benefits other than obtaining a professional
7 or commercial license.
8 (d) Any person who has complied with the requirements of this
9 subsection shall have his or her employment authorization document
10 verified through the Systematic Alien Verification for Entitlements
11 Program operated by the United States Department of Homeland Security or
12 an equivalent program designated by the United States Department of
13 Homeland Security.
14 (e) The Legislature enacts this subsection pursuant to the authority
15 provided in 8 U.S.C. 1621(d), as such section existed on January 1, 2016.
16 Sec. 3. Section 23-2306, Reissue Revised Statutes of Nebraska, is
17 amended to read:
18 23-2306 (1) The membership of the retirement system shall be
19 composed of all persons who are or were employed by member counties and
20 who maintain an account balance with the retirement system.
21 (2) The following employees of member counties are authorized to
22 participate in the retirement system: (a) All permanent full-time
23 employees who have attained the age of eighteen years shall begin
24 participation in the retirement system upon employment and full-time
25 elected officials shall begin participation in the retirement system upon
26 taking office, (b) all permanent part-time employees who have attained
27 the age of eighteen years may exercise the option to begin participation
28 in the retirement system within the first thirty days of employment, and
29 (c) all part-time elected officials may exercise the option to begin
30 participation in the retirement system within thirty days after taking
31 office. An employee who exercises the option to begin participation in
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1 the retirement system shall remain in the system until termination or
2 retirement, regardless of any change of status as a permanent or
3 temporary employee.
4 (3) On and after July 1, 2010, no employee of a member county shall
5 be authorized to participate in the retirement system provided for in the
6 County Employees Retirement Act unless the employee (a) is a United
7 States citizen, or (b) is a qualified alien under the federal Immigration
8 and Nationality Act, 8 U.S.C. 1101 et seq., as such act existed on
9 January 1, 2009, and is lawfully present in the United States, or (c) is
10 an eligible immigrant employed as a law enforcement officer, as such
11 terms are defined in section 81-1401.
12 (4)(a) The board may determine that a governmental entity currently
13 participating in the retirement system no longer qualifies, in whole or
14 in part, under section 414(d) of the Internal Revenue Code as a
15 participating employer in a governmental plan.
16 (b)(i) To aid governmental entities in their business decisionmaking
17 process, any governmental entity currently participating in the
18 retirement system contemplating a business transaction that may result in
19 such entity no longer qualifying, in whole or in part, under section
20 414(d) of the Internal Revenue Code may notify the board in writing as
21 soon as reasonably practicable, but no later than one hundred eighty days
22 before the transaction is to occur.
23 (ii) The board when timely notified shall, as soon as is reasonably
24 practicable, obtain from its contracted actuary the cost of any actuarial
25 study necessary to determine the potential funding obligation. The board
26 shall notify the entity of such cost.
27 (iii) If such entity pays the board's contracted actuary pursuant to
28 subdivision (4)(c)(vi) of this section for any actuarial study necessary
29 to determine the potential funding obligation, the board shall, as soon
30 as reasonably practicable following its receipt of the actuarial study,
31 (A) determine whether the entity's contemplated business transaction will
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1 cause the entity to no longer qualify under section 414(d) of the
2 Internal Revenue Code, (B) determine whether the contemplated business
3 transaction constitutes a plan termination by the entity, (C) determine
4 the potential funding obligation, (D) determine the administrative costs
5 that will be incurred by the board or the Nebraska Public Employees
6 Retirement Systems in connection with the entity's removal from the
7 retirement system, and (E) notify the entity of such determinations.
8 (iv) Failure to timely notify the board pursuant to subdivision (4)
9 (b)(i) of this section may result in the entity being treated as though
10 the board made a decision pursuant to subdivision (4)(a) of this section.
11 (c) If the board makes a determination pursuant to subdivision (4)
12 (a) of this section, or if the entity engages in the contemplated
13 business transaction reviewed under subdivision (4)(b) of this section
14 that results in the entity no longer qualifying under section 414(d) of
15 the Internal Revenue Code:
16 (i) The board shall notify the entity that it no longer qualifies
17 under section 414(d) of the Internal Revenue Code within ten business
18 days after the determination;
19 (ii) The affected plan members shall be immediately considered fully
20 vested;
21 (iii) The affected plan members shall become inactive within ninety
22 days after the board's determination;
23 (iv) The entity shall pay to the County Employees Retirement Fund an
24 amount equal to any funding obligation;
25 (v) The entity shall pay to the County Employees Cash Balance
26 Retirement Expense Fund an amount equal to any administrative costs
27 incurred by the board or the Nebraska Public Employees Retirement Systems
28 in connection with the entity's removal from the retirement system; and
29 (vi) The entity shall pay directly to the board's contracted actuary
30 an amount equal to the cost of any actuarial study necessary to aid the
31 board in determining the amount of such funding obligation, if not
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1 previously paid.
2 (d) For purposes of this subsection:
3 (i) Business transaction means a merger; consolidation; sale of
4 assets, equipment, or facilities; termination of a division, department,
5 section, or subgroup of the entity; or any other business transaction
6 that results in termination of some or all of the entity's workforce; and
7 (ii) Funding obligation means the financial liability of the
8 retirement system to provide benefits for the affected plan members
9 incurred by the retirement system due to the entity's business
10 transaction calculated using the methodology and assumptions recommended
11 by the board's contracted actuary and approved by the board. The
12 methodology and assumptions used must be structured in a way that ensures
13 the entity is financially liable for all the costs of the entity's
14 business transaction, and the retirement system is not financially liable
15 for any of the cost of the entity's business transaction.
16 (e) The board may adopt and promulgate rules and regulations to
17 carry out this subsection including, but not limited to, the methods of
18 notifying the board of pending business transactions, the acceptable
19 methods of payment, and the timing of such payment.
20 (5) Within the first one hundred eighty days of employment, a full-
21 time employee may apply to the board for vesting credit for years of
22 participation in another Nebraska governmental plan, as defined by
23 section 414(d) of the Internal Revenue Code. During the years of
24 participation in the other Nebraska governmental plan, the employee must
25 have been a full-time employee, as defined in the Nebraska governmental
26 plan in which the credit was earned. The board may adopt and promulgate
27 rules and regulations governing the assessment and granting of vesting
28 credit.
29 (6) Any employee who qualifies for membership in the retirement
30 system pursuant to this section may not be disqualified from membership
31 in the retirement system solely because such employee also maintains
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1 separate employment which qualifies the employee for membership in
2 another public retirement system, nor may membership in this retirement
3 system disqualify such an employee from membership in another public
4 retirement system solely by reason of separate employment which qualifies
5 such employee for membership in this retirement system.
6 (7) A full-time or part-time employee of a city, village, or
7 township who becomes a county employee pursuant to a merger of services
8 shall receive vesting credit for his or her years of participation in a
9 Nebraska governmental plan, as defined by section 414(d) of the Internal
10 Revenue Code, of the city, village, or township.
11 (8) A full-time or part-time employee of a city, village, fire
12 protection district, or township who becomes a municipal county employee
13 shall receive credit for his or her years of employment with the city,
14 village, fire protection district, or township for purposes of the
15 vesting provisions of this section.
16 (9) A full-time or part-time employee of the state who becomes a
17 county employee pursuant to transfer of assessment function to a county
18 shall not be deemed to have experienced a termination of employment and
19 shall receive vesting credit for his or her years of participation in the
20 State Employees Retirement System of the State of Nebraska.
21 (10) Cou