303 Neb. Admin. Code, ch. 13, § 003

Current through September 17, 2024
Section 303-13-003 - Compensation with respect to the School Plan
003.01 Compensation means gross wages or salaries payable to the member for personal services performed during the plan year and cludes (i) overtime pay, (ii) member retirement contributions, (iii) retroactive salary payments paid pursuant to court order, arbitration, or litigation and grievance settlements, (iv) amounts voluntarily contributed at the member's direction to plans under sections 125, 403(b), and 457 of the Internal Revenue Code or any other section of the code which defers or excludes such amounts from income, (v) flat salary amounts and (vii) other similar amounts, contributions or payments as determined by NPERS based on relevant facts and circumstances.
003.02 Compensation does not include (i) fraudulently obtained amounts as determined by NPERS, (ii) amounts for unused sick leave or unused vacation leave converted to cash payments, whether received directly by the member or mandatorily deposited at the employer's direction into to plans under sections 125, 403(b), and 457 of the Internal Revenue Code or any other section of the code which defers or excludes such amounts from income, (iii) insurance premiums converted into cash payments, whether received directly by the member or mandatorily deposited at the employer's direction into to plans under sections 125, 403(b), and 457 of the Internal Revenue Code or any other section of the code which defers or excludes such amounts from income, (iv) reimbursement for expenses incurred by the member, (v) fringe benefits, (vi) per diems paid as expenses, (vii) bonuses for services not actually rendered, including, but not limited to, early retirement inducements, cash awards, and severance pay, (viii) beginning on September 4, 2005, employer contributions made for the purposes of separation payments made at retirement and early retirement inducements as provided for in the School Employees Retirement Act and (ix) other similar amounts, contributions or payments as determined by NPERS based on relevant facts and circumstances.
003.03 For purposes of determining a member's final average compensation in connection with calculation of such member's retirement benefit Compensation shall be adjusted as provided in Title 303 NAC, Chapter 14.

303 Neb. Admin. Code, ch. 13, § 003