Section 287.371 - Eligibility of officer or employee to join opt-out plan; ineligibility of officer or employee to continue participation in opt-out plan1. If an officer or employee is eligible to join an opt-out plan at the commencement of his or her employment, the officer or employee must, upon commencing employment: (a) Elect to join the opt-out plan; or(b) Decline coverage under the opt-out plan.2. If an officer or employee becomes eligible to join an opt-out plan after the commencement of his or her employment, the officer or employee must, at the time of his or her eligibility:(a) Elect to join the opt-out plan; or(b) Decline coverage under the opt-out plan. If the officer or employee is a member of the Program at the time he or she becomes eligible to join the opt-out plan, the officer or employee shall terminate coverage by the Program.
3. Except as otherwise provided in subsection 4, if an officer or employee in an opt-out plan becomes ineligible to continue participation in the opt-out plan, the officer or employee must terminate coverage by the opt-out plan and:(a) If the officer or employee is eligible to join a different opt-out plan: (1) Elect to join the other opt-out plan, subject to the requirements for enrollment in the opt-out plan; or(2) Decline coverage under the other opt-out plan.(b) If the officer or employee is eligible to join the Program: (1) Elect to join the Program, subject to the requirements for enrollment of the Program; or(2) Decline coverage under the Program.4. If an officer or employee in an opt-out plan becomes ineligible to continue participation in the opt-out plan because he or she is no longer employed by a participating public agency, the officer or employee may elect to continue coverage under the opt-out plan pursuant to the Public Health Service Act, 42 U.S.C. § 300bb-1 et seq. or the Consolidated Omnibus Budget Reconciliation Act, Public Law 99-272, as applicable.5. It is the responsibility of an officer or employee who is eligible to join an opt-out plan or who is ineligible to continue participation in the opt-out plan or the administrator of the opt-out plan to notify the Program of the eligibility or ineligibility, as applicable, of the officer or employee to participate in an opt-out plan. Failure to provide such notification to the Program may result in the ineligibility of the employee to participate in an opt-out plan or the Program, as applicable. Such notification must be given to the Program within 60 days after the officer or employee has become: (a) Eligible to join an opt-out plan; or(b) Ineligible to continue participation in an opt-out plan, as applicable.6. The Program shall not consider a decision by an officer or employee to join an opt-out plan to be a declination of coverage.7. No lapse in coverage may occur to an officer or employee when he or she changes coverage pursuant to this section.Nev. Admin. Code § 287.371
Added to NAC by Bd. of Pub. Employees' Benefits Prog. by R097-03, eff. 9-24-2003; A by R002-12, 6-29-2012