AGO 97019.
Court | Nebraska |
[W]hether this individual has a legal right to the employer account despite the fact he has erroneously enrolled in the system while a temporary employee and excluding his time in the system while a temporary would result in this person having less than five years of participation in the system as required for vesting?For the most part, this issue is addressed by the provisions of the State Employees Retirement Act, Neb. Rev. Stat. §§ 84-1301 to 84-1333 (1994, Supp. 1995 and Cum. Supp. 1996) . Members of the Retirement System who terminate their employment prior to retirement are entitled to certain termination benefits. Neb. Rev. Stat. § 84-1321 (Cum. Supp. 1996) provides:
(1) Except as provided in section 42-1107, any member of the retirement system who ceases to be an employee before becoming eligible for retirement under section 84-1317 may, upon application to the board, receive:
(a)If not vested, a termination benefit not to exceed the amount in his or her employee account payable in a lump sum or an annuity with the lump-sum or first annuity payment made at any time after termination but no later than the sixtieth day after the end of the year in which the member attains the age of seventy and one-half years; or
(b)If vested, a termination benefit not to exceed (i) the amount in his or her employee account payable in a lump sum or an annuity with the lump-sum or first annuity payment made at any time after termination but no later than the sixtieth day after the end of the year in which the member attains the age of seventy and one-half years plus (ii) the...
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