4-108 Public benefits; state agency or political subdivision; verification of lawful presence; employee; participation in retirement system; restriction.
4-108. Public benefits; state agency or politicalsubdivision; verification of lawful presence; employee; participation in retirementsystem; restriction.(1) Notwithstanding any other provisions of law, unlessexempted from verification under section 4-110 or pursuant to federal law,no state agency or political subdivision of the State of Nebraska shall providepublic benefits to a person not lawfully present in the United States.(2) Except asprovided in section 4-110 or if exempted by federal law, every agency or politicalsubdivision of the State of Nebraska shall verify the lawful presence in theUnited States of any person who has applied for public benefits administeredby an agency or a political subdivision of the State of Nebraska. This sectionshall be enforced without regard to race, religion, gender, ethnicity, ornational origin.(3) On and after October1, 2009, no employee of a state agency or political subdivision of the Stateof Nebraska shall be authorized to participate in any retirement system, including,but not limited to, the systems provided for in the County Employees RetirementAct, the Judges Retirement Act, the Nebraska State Patrol Retirement Act,the School Employees Retirement Act, and the State Employees Retirement Act,unless the employee (a) is a United States citizen or (b) is a qualified alienunder the federal Immigration and Nationality Act, 8 U.S.C. 1101 et seq.,as such act existed on January 1, 2009, and is lawfully present in the UnitedStates. SourceLaws 2009, LB403, § 1. Cross ReferencesCounty Employees Retirement Act, see section 23-2331.Judges Retirement Act, see section 24-701.01.Nebraska State Patrol Retirement Act, see section 81-2014.01.School Employees Retirement Act, see section 79-901.State Employees Retirement Act, see section 84-1331.