4-108. Public benefits; state agency or political subdivision; verification of lawful presence; employee; participation in retirement system; approved identification document; maintain; produce.
496 words·~2 min read·
/ne/chapter-4/4-108A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)Notwithstanding any other provisions of law, unless exempted from verification under section 4-110 or pursuant to federal law, no state agency or political subdivision of the State of Nebraska shall provide public benefits to a person not lawfully present in the United States.
(2)Except as provided in section 4-110 or if exempted by federal law, every agency or political subdivision of the State of Nebraska shall verify the lawful presence in the United States of any person who has applied for public benefits administered by an agency or a political subdivision of the State of Nebraska. This section shall be enforced without regard to race, religion, gender, ethnicity, or national origin.
(3)No employee of a state agency or political subdivision of the State of Nebraska shall be authorized to participate in any retirement system, including, but not limited to, the systems provided for in the Class V School Employees Retirement Act, the County Employees Retirement Act, the Judges Retirement Act, the Nebraska State Patrol Retirement Act, the School Employees Retirement Act, and the State Employees Retirement Act, unless the employee is a United States citizen or is lawfully present in the United States. The employing state agency or political subdivision of the State of Nebraska and the employee shall:
(a)Maintain at least one approved identification document; and
(b)Produce any such approved identification document so maintained upon request of the Public Employees Retirement Board or the Nebraska Public Employees Retirement Systems.
(4)For purposes of this section and sections 23-2306 , 24-703.01 , 79-915 , 79-9,118 , 81-2016 , 84-1307 , and 84-1504 , approved identification document means a document that is:
(a)Unexpired if applicable to the particular document or that has an expiration date that has been extended by the United States Department of Homeland Security or the United States Citizenship and Immigration Services so that such document is still valid;
(b)Used to demonstrate United States citizenship or lawful presence in the United States as of the employee's date of hire; and
(c)(i) A state-issued driver's license;
(ii)A state-issued identification card;
(iii)A state-issued motor vehicle learner's permit;
(iv)A certified copy of a birth certificate or delayed birth certificate issued in any state, territory, or possession of the United States;
(v)A Consular Report of Birth Abroad issued by the United States Department of State;
(vi)A United States passport;
(vii)A foreign passport with a United States visa;
(viii)A United States Certificate of Naturalization;
(ix)A United States Certificate of Citizenship;
(x)A tribal certificate of Native American blood or similar document;
(xi)A United States Citizenship and Immigration Services Employment Authorization Document, Form I-766;
(xii)A United States Citizenship and Immigration Services Permanent Resident Card, Form I-551; or
(xiii)Any other document issued by the United States Department of Homeland Security or the United States Citizenship and Immigration Services granting employment authorization in the United States and approved by the Public Employees Retirement Board.