New Mexico Administrative Code

This rule affects the members, former members, retirees, beneficiaries, public employers, retirement board, and the association under the Public Employees Retirement Act.

This rule is authorized by NMSA 1978, Sections 10-11-2 and 10-11-130, as amended.

Permanent.

December 15, 1995 unless a different date is cited at the end of a section.

The objective of Part 100 of Chapter 80 is to define terms used in the Public Employees Retirement Act and its rules and regulations.

As used in the Public Employees Retirement Act: A. "Accumulated member contributions" means amounts deducted from the salary of a member and credited to the member's individual account, together with interest if any, credited to that account; it also includes repaid withdrawn con…

Public Employees Retirement Association, 33 Plaza La Prensa, Santa Fe, New Mexico 87507

This rule affects the members, disability retirees, beneficiaries, affiliated public employers, the retirement board and the association under the Public Employees Retirement Act.

A. The disability review committee shall consist of at least one physician licensed in New Mexico and at least three, but not more than five members of the board; the physician need not be either a board member or association member, but may be either or both. The committee may a…

Sections 10-11-10.1 and 10-11-130 NMSA 1978.

A. Application. The association shall provide application forms for members to use in complying with these provisions. No member shall be deemed an applicant for disability retirement until the member or his or her representative or employer has completed and filed the disability…

Permanent.

If the committee denies disability retirement benefits, the applicant may appeal the action. Any appeals under this section shall be conducted according to Section 10-11-120 NMSA 1978 and 2.80.1500 NMAC. An applicant's withdrawal or refund of contributions at any time before or d…

October 10, 2023, unless a different date is cited at the end of a section.

A. At the end of the first year that a disability retirement pension is paid, the disability retired member's condition shall be reevaluated to determine eligibility for continuation of payment of a disability retirement pension. B. The disability retired member must submit a cop…

The objectives of this rule are to define terms used in the disability retirement provision of the PERA Act; to set forth with particularity the membership of the committee; to clarify the compensation applicable to various members of the committee; to set forth procedures for in…

A. A disability retired member who desires to return to employment for a trial period of not more than 120 calendar days shall first request, in writing, approval from the association not less than 30 days before the first day of work. The request for approval shall contain the f…

For purposes of disability retirement the following definitions shall apply: A. "Commensurate" employment means that the applicant is able to engage in some profitable employment or enterprise in the state of New Mexico, which approximates to a substantial degree the applicant's …

A. Except for trial employment, a disability retired member who desires to return to employment by an employer covered by any state system shall comply with the applicable rule regarding post-retirement employment, Subsection G of 2.80.700.10 NMAC for PERA retirees, 2.84.1100.20 …

When a disability retired member reaches the combined age and years of service that qualifies a member for normal retirement benefits under the coverage plan under which the disability retired member was last employed before receiving disability retirement benefits, PERA shall re…

Public Employees Retirement Association, P. O. Box 2123, Santa Fe, New Mexico 87504-2123

Pension payments will be processed or mailed monthly, not later than the last day of the month for which they are paid. A. A retired member may have the pension warrant mailed directly to any location specified in writing by the retired member; provided, however, that after Decem…

A. To exercise his or her one-time irrevocable option to change the beneficiary designated at retirement to another survivor beneficiary under the same form of payment or to have future payments made under form of payment A pursuant to NMSA 1978, Section 10-11-116(D), the retired…

This rule affects retirees, beneficiaries, affiliated public employers and the association under the Public Employees Retirement Act.

A. When a retired member is subsequently employed by an affiliated public employer, the retired member shall notify PERA immediately on the form prescribed by the association of the hire date, position and salary of the subsequently employed retired member. B. If a retired member…

This rule is authorized by NMSA 1978, Sections 10-11-8, 10-11-118, 10-11-118.1, 10-11-119, and 10-11-130, as amended.

A. A previously retired member who is subsequently employed by an affiliated public employer and whose pension is suspended pursuant to NMSA 1978, Section 10-11-8(C) shall not become a member. The previously retired member will be eligible to reinstate his or her pension upon ter…

Permanent.

A retired member who intends to render services to an affiliated public employer as an independent contractor shall submit the contract to the association at least fifteen (15) working days prior to the effective date of the contract. If a retired member contracts to perform work…

December 15, 1995 unless a different date is cited at the end of a section.

The objective of this rule is to establish standards and procedures for the payment, suspension and reinstatement of pensions of retired members; to establish notification and reporting requirements for post-retirement employment; and to establish conditions for retired members w…

[Reserved]

Public Employees Retirement Association, P. O. Box 2123, Santa Fe, New Mexico 87504-2123

A. Service under state legislator member coverage plan 1 or state legislator member coverage plan 2 shall be credited by the calendar year. B. One year of service credit may be earned for each calendar year during which the member fulfilled the obligations of the position of legi…

Member contributions for the current calendar year are due within the calendar year, and no interest shall be charged by PERA on contributions timely paid. Interest will be assessed on unremitted member contributions for calendar years preceding the current calendar year at a rat…

The administration of state legislator member coverage plan 1 was suspended from December 29, 1988 through November 2, 1993 and July 12, 1994 through the thirtieth day after the effective date of this rule. Retirees or their beneficiaries who were receiving benefits or who had fi…

Persons who are eligible for but are not yet receiving benefits under the plan may apply for benefits pursuant to the procedures set forth in the PERA Act and PERA rules. The effective date of the pension shall be no earlier than the first day of the month following the month in …

All persons who are eligible and desire to claim service credit or receive benefits under the legislative retirement provisions of the Public Employees Retirement Act.

Sections 10-11-39 through 43 NMSA 1978 create state legislator member coverage plan 1. Sections 10-11-43.1 through 10-11-43.5 NMSA 1978 create state legislator member coverage plan 2. Section 10-11-129.1 creates the legislative retirement fund. Section 10-11-130, NMSA 1978, autho…

Permanent.

June 15, 1996 unless a later date is cited at the end of a section.

The objective of Part 1200 is to establish the procedures for acquiring benefits under the legislative retirement provisions of the Public Employees Retirement Act. Included are procedures which address persons whose membership or benefits under state legislator member coverage p…

Definitions of terms used in this rule are found in 2.80.100.7 NMAC, Definitions, and Section 10-11-2, NMSA 1978.

Section 30 of 2.80.1200 NMAC is hereby amended and moved to subsection 10.C of this rule. This rule repeals in their entirety sections 1200.10 and 1200.20 of PERA Rule 1200, Legislative Retirement, filed July 1, 1987. Note: The July 1, 1987 version of Rule 1200 superseded the ori…

A. Participation in state legislator member coverage plan 1 is voluntary for legislators and lieutenant governors whose terms of office ended on or before December 21, 2002. Legislators and lieutenant governors may enroll in state legislator member coverage plan 1 by completing a…

Public Employees Retirement Association, P. O. Box 2123, Santa Fe, New Mexico 87504-2123

A. "Salary" is defined by each state system for that state system. Each system shall certify the member's salary as defined by that system to the payor system, and the payor system shall accept that salary for pension calculation purposes where applicable. B. The Public Employees…

This rule affects the members, former members, normal retirees (as distinguished from disability retirees), beneficiaries, public employers, retirement board, and the association under the Public Employees Retirement Act.

This rule is authorized by NMSA 1978, Sections 10-13A-2, 10-13A-3, 10-13A-4, and 10-11-130 as amended.