NRS286.523. Employment of retired employee: Exception for reemployment of certain retired employees to fill positions for which critical labor shortage exists; determination and designation of such positions; limitation on length of designation of position. [Effective through June 30, 2015.]

      1.  It is the policy of this State to ensure that the reemployment of a retired public employee pursuant to this section is limited to positions of extreme need. An employer who desires to employ such a retired public employee to fill a position for which there is a critical labor shortage must make the determination of reemployment based upon the appropriate and necessary delivery of services to the public.

      2.  The provisions of subsections 1 and 2 of NRS 286.520 do not apply to a retired employee who accepts employment or an independent contract with a public employer under the System if:

      (a) The retired employee fills a position for which there is a critical labor shortage; and

      (b) At the time of the retired employee’s reemployment, the retired employee is receiving:

             (1) A benefit that is not actuarially reduced pursuant to subsection 6 of NRS 286.510; or

             (2) A benefit actuarially reduced pursuant to subsection 6 of NRS 286.510 and has reached the required age at which the retired employee could have retired with a benefit that was not actuarially reduced pursuant to subsection 6 of NRS 286.510.

      3.  A retired employee who is reemployed under the circumstances set forth in subsection 2 may reenroll in the System as provided in NRS 286.525.

      4.  Positions for which there are critical labor shortages must be determined in an open public meeting held by the designating authority as follows:

      (a) Except as otherwise provided in this subsection, the State Board of Examiners shall designate positions in State Government for which there are critical labor shortages.

      (b) The Supreme Court shall designate positions in the Judicial Branch of State Government for which there are critical labor shortages.

      (c) The Board of Regents shall designate positions in the Nevada System of Higher Education for which there are critical labor shortages.

      (d) The board of trustees of each school district shall designate positions within the school district for which there are critical labor shortages.

      (e) The governing body of a charter school shall designate positions within the charter school for which there are critical labor shortages.

      (f) The governing body of a local government shall designate positions with the local government for which there are critical labor shortages.

      (g) The Board shall designate positions within the System for which there are critical labor shortages.

      5.  In determining whether a position is a position for which there is a critical labor shortage, the designating authority shall make findings based upon the criteria set forth in this subsection that support the designation. Before making a designation, the designating authority shall consider all efforts made by the applicable employer to fill the position through other means. The written findings made by the designating authority must include:

      (a) The history of the rate of turnover for the position;

      (b) The number of openings for the position and the number of qualified candidates for those openings after all other efforts of recruitment have been exhausted;

      (c) The length of time the position has been vacant;

      (d) The difficulty in filling the position due to special circumstances, including, without limitation, special educational or experience requirements for the position; and

      (e) The history and success of the efforts to recruit for the position, including, without limitation, advertising, recruitment outside of this State and all other efforts made.

      6.  A designating authority that designates a position as a critical need position shall submit to the System its written findings which support that designation made pursuant to subsection 5 on a form prescribed by the System. The System shall compile the forms received from each designating authority and provide a biennial report on the compilation to the Interim Retirement and Benefits Committee of the Legislature.

      7.  A designating authority shall not designate a position pursuant to subsection 4 as a position for which there is a critical labor shortage for a period longer than 2 years. To be redesignated as such a position, the designating authority must consider and make new findings in an open public meeting as to whether the position continues to meet the criteria set forth in subsection 5.

      (Added to NRS by 2001, 2400; A 2003, 2062; 2005, 1077; 2009, 1549, 1550; R 2011, 90, effective June 30, 2015)