New Mexico Administrative Code

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

The objective of this rule is to establish procedures for normal retirement.

[RESERVED]

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

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

This rules is authorized by NMSA 1978, Sections 10-11-4.2, 10-11-130, as amended.

Permanent.

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

The objective of this rule is to establish procedures for collecting pensions overpayments.

[Reserved]

The board directs the executive director to make all reasonable efforts to collect any pension overpayment made for any reason.

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

This rule affects beneficiaries of deceased PERA members, the retirement board and the association under the Public Employees Retirement Act.

This rule is authorized by Sections 10-11-14.5, 10-11-130 NMSA 1978, as amended.

Permanent.

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

The objective of this rule is to establish procedures for payment of pre-retirement survivor pensions.

[RESERVED]

The procedure for payment of a pre-retirement survivor pension is: A. Applicants for pre-retirement survivor pensions shall notify PERA of the death of the member and complete an application for benefits. B. The completed application shall be returned to PERA with the following d…

NM Retiree Health Care Authority.

Employment as the education retirement director, executive secretary of the public employees retirement association, or the swearing in of the state treasurer shall automatically constitute positions or offices. They may select designees who shall serve at the pleasure of the per…

Since the board may meet less often than monthly and continuity of board attendance is important, this Rule will be enforced. Any member of the board missing more than two board meetings in any calendar year shall be requested to explain his or her absence to the board. If the bo…

The board shall hold an annual meeting at such time as the board determines.

If one of the officers vacates their position as an officer of the board, the next lower officer shall automatically assume the duties of the higher officer. For example, if the presidency becomes vacant, the vice-president shall automatically assume the title and duties of presi…

The regular meetings of the board shall be held on those dates and times and in such places to be determined from time to time by the board. The date of any regular meeting may be changed by a majority vote of a quorum of the board. The president or vice-president may cancel a re…

Robert's rules of order are adopted by the board and shall be used for the conduct of all meetings to be held by the NMRHCA. Robert's rules of order shall be binding in all cases where they are not inconsistent with New Mexico statutes and rules and regulations adopted by the NMR…

A call for meetings of the board shall be as follows: A. Special Meetings: A special meeting of the board is a meeting other than a regular or emergency meeting and may be called by the president, vice-president or any three board members for the specific purposes specified in th…

The board shall conduct its meetings pursuant to the Open Meetings Act (Section 10-15-1 et seq. NMSA 1978) so as to assure reasonable citizen access to all board meetings. At least once a year, the board shall determine in a public meeting what notice for a public meeting is reas…

A majority of all of the board members shall constitute a quorum for conducting the affairs of the NMRHCA. In the event a position on the board is vacant due to resignation, removal or failure to appoint, a quorum shall be a majority of those persons holding office. The president…

The procedures for addressing the board shall be as follows: A. Individual and Subject Matter. An individual may speak on any item that appears on the adopted agenda, before a final vote is taken, by notifying and subsequently being recognized by the president or then presiding o…

Applies to the board of the retiree health care authority and to all employers, employees and eligible retirees, spouses and dependents participating in the coverages under the Act.

A. Board's Authority Vested by the Constitution of the State: The board retains and reserves unto itself all powers, rights, authority, duties and responsibilities conferred upon and vested in it by the Constitution of the state of New Mexico and statutes, including those prescri…

The NMRHCA shall pay per diem and mileage consistent with the Per Diem and Mileage Act, Section 10-8-1 et seq. NMSA 1978 and consistent with the per diem and mileage reimbursement requirements of the department of finance and administration as amended and as authorized from time …

This Rule is promulgated pursuant to the Retiree Health Care Act, the New Mexico Retiree Health Care Act (the "Act"), Sections 10-7C-1 et seq. NMSA 1978.

Permanent.

June 15, 1998 unless a later date is cited at the end of a section.

The objective of this Rule is to establish procedures governing the board of the retiree health care authority ("the board").

[RESERVED]

The board shall be composed of those persons or their designees as set out in Section 6 the Act.

Officers of the board shall consist of a president, vice president and a secretary who shall be elected from the board membership. The president shall preside over all board meetings and in his/her absence the vice-president shall preside and in the absence of both the president …

NM Retiree Health Care Authority ("NMRHCA").

Surviving spouses are counted as eligible retirees for purposes of determining post-1997 participating employers' employee/eligible retiree ration.

Post-1997 participating employers shall begin making their surplus-amount contribution and their employer/employee contributions on the July 1 immediately following the board's acceptance of the employer as a NMRHCA participating employer.

If complete statistics are not available at the time of calculating surplus-amount contributions and employer/employee contributions, the NMRHCA may use the available estimated figures to calculate the fees and contributions. When the complete statistics are provided to the NMRHC…

All post-1997 participating employers are obligated to cooperate fully with the NMRHCA in providing timely, complete and accurate information regarding employer's employees, retirees and dependents. The NMRHCA has the right to conduct a full audit of all participating employer's …

Applies to employers who opt to become NMRHCA participating employers after December 31, 1997 and to their employees.

This Rule is promulgated pursuant to the Retiree Health Care Act ("Act"), Sections 10-7C-1 et seq. NMSA 1978.

Permanent.

June 15, 1998.

The objective of this rule is to define and establish processes for determining the NMRHCA contribution and fee amounts for employers who opt to become NMRHCA participating employers after December 31, 1997 and for determining the NMRHCA contribution levels of their employees.