(REPRINTED WITH ADOPTED AMENDMENTS)
"                    FIRST REPRINT       A.B. 292" 


   Assembly Bill No. 292--Committee on Judiciary

                   March 7, 1995
                 _____________


        Referred to Committee on Judiciary


SUMMARY--Provides for disposition of certain pension 
          or retirement benefits upon dissolution of 
          marriage. (BDR 11-796)

FISCAL NOTE:  Effect on Local Government: No.
              Effect on the State or on Industrial Insurance: No.



EXPLANATION--Matter in italics is new; matter in bra
ckets [ ] is material to be omitted.

AN ACT relating to divorce; providing for the disposition of certain 
        pension or retirement benefits upon dissolution of marriage; 
        and providing other matters properly relating thereto.

     THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
                AND ASSEMBLY, DO ENACT AS FOLLOWS:



  Section 1.  Chapter 125 of NRS is hereby 
amended by adding thereto a new section to read as 
follows:\
  Unless the action is contrary to a premarital agreement 
between the parties which is enforceable pursuant to chapter 
123A of NRS or is prohibited by specific statute:
  1.  In making a disposition of community property pursuant 
to NRS 125.150, the court shall not make a disposition of 
any interest in or entitlement to a pension or retirement 
benefit unless the benefit is vested.
  2.  In making a disposition of a pension or retirement 
benefit which is vested, the court:
  (a) Shall consider any other pension or retirement benefit 
in which either party may have an interest or entitlement, 
including, but not limited to, federal, military, railroad, 
state, county, local or private pension or retirement 
benefits.
  (b) Shall consider the amount of a party's interest in or 
entitlement to benefits payable under the Federal Social 
Security Act if:
    (1) A party is not entitled to receive benefits payable 
under the Federal Social Security Act or will have his 
pension or retirement benefits reduced by an offset under 
that act because the party has an interest in or entitlement 
to a pension or retirement benefit; and
    (2) The other party is entitled to benefits payable 
under the Federal Social Security Act.
  3.  In determining the value of an interest in or 
entitlement to a pension or retirement benefit pursuant to 
this section to which only one party to the divorce has 
contributed, the court:
  (a) Shall base its determination upon the number of years 
or portion thereof that the contributing party was employed 
and received the interest or entitlement, beginning on the 
date of the marriage and ending on the date on which a 
decree of legal separation or divorce is entered; and
  (b) Shall not base its determination upon any estimated 
increase in the value of the interest or entitlement 
resulting from a promotion, raise or any other efforts made 
by the party who contributed to the interest or entitlement 
as a result of his continued employment after the date of a 
decree of legal separation or divorce.
  4.  If a pension or retirement plan provides for the 
payment of pension or retirement benefits directly to a 
party who is not a participant in the plan, the court shall, 
in making a disposition of the pension or retirement 
benefits pursuant to this section, require the benefits to 
be paid, in whole or in part, commencing:
  (a) On the date the divorce is granted;
  (b) On the date the participating party becomes eligible 
for retirement; or
  (c) On any date specified by agreement of the parties.
  5.  If a pension or retirement plan does not provide for 
the payment of pension or retirement benefits directly to a 
party who is not a participant in the plan but provides for 
the payment of such benefits only upon the retirement of the 
participating party, the court shall not, in making a 
disposition of the pension or retirement benefits pursuant 
to this section, require the benefits to be paid before the 
date on which the participating party retires. To ensure 
that the party who is not a participant will receive payment 
for the benefits, the court may:
  (a) On its own motion or pursuant to an agreement of the 
parties, require the participating party to furnish a 
performance or surety bond, executed by the participating 
party as principal and by a corporation qualified under the 
laws of this state as surety, made payable to the party who 
is not a participant under the plan, and conditioned upon 
the payment of the pension or retirement benefits. The bond 
must be in a principal sum equal to the amount of the 
determined interest of the nonparticipating party in the 
pension or retirement benefits and must be in a form 
prescribed by the court.
  (b) On its own motion or pursuant to an agreement of the 
parties, require the participating party to purchase a 
policy of life insurance. The amount payable under the 
policy must be equal to the determined interest of the 
nonparticipating party in the pension or retirement 
benefits. The nonparticipating party must be named as a 
beneficiary under the policy and must remain a named 
beneficiary until the participating party retires.
  (c) Pursuant to an agreement of the parties, increase the 
value of the determined interest of the nonparticipating 
party in the pension or retirement benefit as compensation 
for the delay in payment of the benefit to that party.
  (d) On its own motion or pursuant to an agreement of the 
parties, allow the participating party to provide, upon 
written consent of the nonparticipating party, any other 
form of security which ensures the payment of the determined 
interest of the nonparticipating party in the pension or 
retirement benefit.
  6.  Except as otherwise provided in subsection 4, if, 
because of a disposition made pursuant to this section, a 
party receives an interest in or entitlement to a pension or 
retirement benefit which the party would not otherwise have 
an interest in or be entitled to if not for the disposition, 
the interest or entitlement and any related obligation to 
pay that interest or entitlement terminates upon the death 
of either party.
  \\Sec. 2.  NRS 125.150 is hereby amended to read 
as follows:
  125.150  [Unless] \Except as otherwise provided in 
section 1 of this act and unless\\ the action is 
contrary to a premarital agreement between the parties which 
is enforceable pursuant to chapter 123A of NRS:
  1.  In granting a divorce, the court:
  (a) May award such alimony to the wife or to the husband, 
in a specified principal sum or as specified periodic 
payments, as appears just and equitable; and
  (b) Shall, to the extent practicable, make an equal 
disposition of the community property of the parties, except 
that the court may make an unequal disposition of the 
community property in such proportions as it deems just if 
the court finds a compelling reason to do so and sets forth 
in writing the reasons for making the unequal disposition.
  2.  Except as otherwise provided in this subsection, in 
granting a divorce, the court shall dispose of any property 
held in joint tenancy in the manner set forth in subsection 
1 for the disposition of community property. If a party has 
made a contribution of separate property to the acquisition 
or improvement of property held in joint tenancy, the court 
may [, in its discretion,] provide for the reimbursement of 
that party for his contribution. The amount of reimbursement 
must not exceed the amount of the contribution of separate 
property that can be traced to the acquisition or 
improvement of property held in joint tenancy, without 
interest or any adjustment because of an increase in the 
value of the property held in joint tenancy. The amount of 
reimbursement must not exceed the value, at the time of the 
disposition, of the property held in joint tenancy for which 
the contribution of separate property was made. In 
determining whether to provide for the reimbursement, in 
whole or in part, of a party who has contributed separate 
property, the court shall consider:
  (a) The intention of the parties in placing the property 
in joint tenancy;
  (b) The length of the marriage; and
  (c) Any other factor which the court deems relevant in 
making a just and equitable disposition of that property.
As used in this subsection, "contribution" includes a down 
payment, a payment for the acquisition or improvement of 
property, and a payment reducing the principal of a loan 
used to finance the purchase or improvement of property. The 
term does not include a payment of interest on a loan used 
to finance the purchase or improvement of property, or a 
payment made for maintenance, insurance or taxes on 
property.
  3.  Whether or not application for suit money has been 
made under the provisions of NRS 125.040, the court may 
award a reasonable attorney's fee to either party to an 
action for divorce if those fees are in issue under the 
pleadings.
  4.  In granting a divorce, the court may also set apart 
such portion of the husband's separate property for the 
wife's support, the wife's separate property for the 
husband's support or the separate property of either spouse 
for the support of their children as is deemed just and 
equitable.
  5.  In the event of the death of either party or the 
subsequent remarriage of the spouse to whom specified 
periodic payments were to be made, all the payments required 
by the decree must cease, unless it was otherwise ordered by 
the court.
  6.  If the court adjudicates the property rights of the 
parties, or an agreement by the parties settling their 
property rights has been approved by the court, whether or 
not the court has retained jurisdiction to modify them, the 
adjudication of property rights, and the agreements settling 
property rights, may nevertheless at any time thereafter be 
modified by the court upon written stipulation signed and 
acknowledged by the parties to the action, and in accordance 
with the terms thereof.
  7.  If a decree of divorce, or an agreement between the 
parties which was ratified, adopted or approved in a decree 
of divorce, provides for specified periodic payments of 
alimony, the decree or agreement is not subject to 
modification by the court as to accrued payments. Payments 
pursuant to a decree entered on or after July 1, 1975, which 
have not accrued at the time a motion for modification is 
filed may be modified upon a showing of changed 
circumstances, whether or not the court has expressly 
retained jurisdiction for the modification. In addition to 
any other factors the court considers relevant in 
determining whether to modify the order, the court shall 
consider whether the income of the spouse who is ordered to 
pay alimony, as indicated on the spouse's federal income tax 
return for the preceding calendar year, has been reduced to 
such a level that the spouse is financially unable to pay 
the amount of alimony he has been ordered to pay.
  8.  In granting a divorce the court shall consider the 
need to grant alimony to a spouse for the purpose of 
obtaining training or education relating to a job, career or 
profession. In addition to any other factors the court 
considers relevant in determining whether such alimony 
should be granted, the court shall consider:
  (a) Whether the spouse who would pay such alimony has 
obtained greater job skills or education during the 
marriage; and
  (b) Whether the spouse who would receive such alimony 
provided financial support while the other spouse obtained 
job skills or education.
  9.  If the court determines that alimony should be awarded 
pursuant to the provisions of subsection 8:
  (a) The court, in its order, shall provide for the time 
within which the spouse who is the recipient of the alimony 
must commence the training or education relating to a job, 
career or profession.
  (b) The spouse who is ordered to pay the alimony may, upon 
changed circumstances, file a motion to modify the order.
  (c) The spouse who is the recipient of the alimony may be 
granted, in addition to any other alimony granted by the 
court, money to provide for:
    (1) Testing of the recipient's skills relating to a job, 
career or profession;
    (2) Evaluation of the recipient's abilities and goals 
relating to a job, career or profession;
    (3) Guidance for the recipient in establishing a 
specific plan for training or education relating to a job, 
career or profession;
    (4) Subsidization of an employer's costs incurred in 
training the recipient;
    (5) Assisting the recipient to search for a job; or
    (6) Payment of the costs of tuition, books and fees for:
    (I) The equivalent of a high school diploma;
    (II) College courses which are directly applicable to 
the recipient's goals for his career; or
    (III) Courses of training in skills desirable for 
employment.
  Sec. 3.  The provisions of section 1 of this 
act apply to any action filed on or after the effective date 
of this act.
  Sec. 4.  This act becomes effective upon 
passage and approval.

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