Current through September 17, 2024
Section 303-5-006 - Proof of Parental Relationship006.01 Evidence of natural parent-child relationships006.01(a) Preferred evidence. If a member or beneficiary is the natural parent or child of a member, preferred evidence of the relationship is a copy of the member's or child's public or religious birth record made before the child was five (5) years of age.006.01(b) Other evidence. When the preferred evidence of a parent-child relationship cannot be obtained, NPERS may ask the applicant for evidence of one of the following: 006.01(b)(i) Evidence of the member's marriage or of the marriage of the member's parents, if needed to remove any reasonable doubt of the relationship;006.01(b)(ii) Evidence that the person claiming to be a child of the presumed parent would be able to inherit under intestate succession laws of the state where the death occurred (or in which the presumed parent had a permanent home); or006.01(b)(iii) A signed statement from the presumed parent that the person in question is his or her natural child006.01(b)(iv) A copy of a court order showing that the person in question has been declared to be the child of the presumed parent, or a copy of a court order requiring the presumed parent in question to contribute to the support of the person in question because such person is his or her child,006.01(b)(v) Or other such supporting evidence as may be required in order to establish the parent/child relationship.006.02 Evidence of a stepparent / stepchild relationship Evidence of a stepparent / stepchild relationship: NPERS may require evidence by means of the measures as specified in 005.01 or 005.02 to show a child's relationship (natural or adoptive) with the spouse of the presumed stepparent and that a valid marriage existed between the presumed stepparent and the spouse.
006.03 Evidence of a parent-child relationship by legal adoption 006.03(a) Preferred evidence of legal adoption include:006.03(a)(i) A copy of the decree or order of adoption, certified by the custodian of the record;006.03(a)(ii) A photocopy of the decree or order of adoption; or006.03(a)(iii) Evidence that the spouse of a decedent adopted the children of the decedent after the decedent's death, as specified in the above two subsections.006.03(b) Other evidence of legal adoption: In the event that the record of adoption is sealed by court order or by law, NPERS will accept as proof of adoption an official notice received by the adopting parents at the time of adoption that the adoption has been completed or a birth certificate issued as a result of the adoption proceeding.303 Neb. Admin. Code, ch. 5, § 006