42-110. Marriage certificate; provided to parties; form. Whenever a marriage shall have been solemnized pursuant to the provisions of sections 42-101 to 42-117, the minister or magistrate who solemnized the same shall give to each of the parties, on request, a certificate under his hand, specifying the names, ages and places of residence of the […]
42-1101. Act, how cited. Sections 42-1101 to 42-1113 shall be known and may be cited as the Spousal Pension Rights Act. Source Laws 1996, LB 1273, § 1.
42-1102. Terms, defined. For purposes of the Spousal Pension Rights Act: (1) Alternate payee means a spouse, former spouse, child, or other dependent of a member who is recognized by a domestic relations order as having a right to receive all or a portion of the benefits payable by a statewide public retirement system with […]
42-1103. Qualified domestic relations order; requirements. A domestic relations order is a qualified domestic relations order only if such order or accompanying document: (1) Clearly specifies the following: (a) The name, social security number, and last-known mailing address, if any, of the member; (b) The name, social security number, and last-known mailing address, if any, […]
42-1104. Order; payment of benefits; alternate payee. (1) A qualified domestic relations order may provide for the payment of benefits to an alternate payee beginning on or after the member’s earliest retirement date but before the member terminates employment. Payment of the benefit to the alternate payee pursuant to a qualified domestic relations order shall […]
42-1105. Order; form of benefit payment. An alternate payee under a qualified domestic relations order shall receive the form of benefit payment specified in the order or, if not specified, selected by the alternate payee, if such form is a form available to the member and is not a joint and survivor annuity with the […]
42-1106. Death of alternate payee; effect. If the alternate payee dies prior to receiving any payment of his or her interest in the member’s benefit under a qualified domestic relations order, such interest reverts to the member. If the alternate payee dies after commencement of payments of his or her interest, then the alternate payee’s […]
42-1107. Order; surviving spouse; payment option. A qualified domestic relations order may provide that a spouse under a judgment for separate maintenance or a former spouse is considered the surviving spouse under the plan. If the order requires the member to select a payment option with survivorship rights, the Public Employees Retirement Board shall require […]
42-1108. Order; alternate payee; file with board; notice. The alternate payee shall file a copy of the domestic relations order involving benefits under a statewide public retirement system with the Public Employees Retirement Board within ninety days after the date that the order was entered. Upon good cause shown, the board may accept an order […]
42-1109. Rules and regulations. The Public Employees Retirement Board shall adopt and promulgate rules and regulations to establish reasonable procedures to determine the qualified status of domestic relations orders and to administer distributions under such orders. Such procedures shall allow an alternate payee to designate a representative for receipt of copies of notices. Source Laws […]
42-1110. Qualified domestic relations order; how determined; procedure. (1) The Public Employees Retirement Board, or the board’s designee, shall determine, within a reasonable period of time after receiving a domestic relations order, if the order is a qualified domestic relations order under the Spousal Pension Rights Act. The board may determine that an order is […]
42-1111. Director; separate accounting required; when; investment authority. (1) During the period of time that a determination, by the board, its designee, or a court of competent jurisdiction, is being made as to whether a domestic relations order is a qualified domestic relations order, the director of the statewide public retirement systems shall separately account […]
42-1112. Order filed prior to July 19, 1996; applicability. A domestic relations order filed with the Public Employees Retirement Board prior to July 19, 1996, shall be deemed a qualified domestic relations order under the Spousal Pension Rights Act if the statewide public retirement system is making payments under the order on July 19, 1996, […]
42-1113. Liability. The member and alternate payee shall hold the statewide public retirement system and its fiduciaries harmless from any liabilities which arise from (1) treating a domestic relations order as being, or not being, a qualified domestic relations order, or (2) taking action pursuant to section 42-1111. The system’s obligation to the member and […]
42-112. Returns; record. The county clerk of each county in the state shall record all such returns of such marriages in a book to be kept for that purpose within one month after receiving the returns. Source R.S.1866, c. 34, § 12, p. 255; R.S.1913, § 1551; C.S.1922, § 1500; C.S.1929, § 42-112; R.S.1943, § […]
42-113. Violations; penalty. If any justice, minister, or other person whose duty it is to make and transmit to the county clerk such certificate shall neglect to make and deliver the same; if the county clerk shall neglect to record such certificate; if any person shall undertake to join others in marriage, knowing that he […]
42-114. Want of jurisdiction; marriage not void, when. No marriage solemnized before any person professing to be a minister of the gospel, shall be deemed or adjudged to be void, nor shall the validity thereof be in any way affected on account of any want of jurisdiction or authority in such supposed minister; Provided, the […]
42-115. Marriage according to custom of religious society; certificate; transmission to county clerk. It shall be lawful for every religious society to join together in marriage such persons as are of the society, according to the rites and customs of the society to which they belong. The clerk or keeper of the minutes, proceedings, or […]
42-116. Marriage certificate and record as evidence. The original certificate and record of marriage made by the minister, officer, or person, as prescribed in sections 42-101 to 42-117, and the record thereof, made as prescribed, a copy of such record, duly certified by such officer, or an abstract of marriage as defined in section 71-601.01, […]
42-117. Marriage contracted out of state; when valid. All marriages contracted without this state, which would be valid by the laws of the country in which the same were contracted, shall be valid in all courts and places in this state. Source R.S.1866, c. 34, § 17, p. 257; R.S.1913, § 1556; C.S.1922, § 1505; […]
