New Mexico Administrative Code

Educational Retirement Board, P. O. Box 26129, Santa Fe, New Mexico 87502-0129

This rule applies to retirees combining service from PERA and ERA for retirement purposes. The governing boards of both systems must adopt these rules.

The Educational Retirement Act, Sections 22-11-1 to 22-11-53, NMSA 1978, the Retirement Reciprocity Act, Sections 10-13A-2 to 10-13A-3, NMSA 1978.

Permanent.

June 16, 2015, unless a later date is cited at the end of a section.

Clarification of reciprocity retirement requirements adopted by the ERA and PERA boards.

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…

Educational Retirement Board, P. O. Box 26129, Santa Fe, New Mexico 87502-0129.

A. The hearing shall not be open to the public. B. The rules of evidence do not apply. The medical appeals hearing officer or the medical appeals panel may admit any evidence and may give probative effect to evidence that is of a kind commonly relied upon by reasonably prudent pe…

A. The medical appeals hearing officer or the medical appeals panel will issue to the educational retirement board a recommended decision, based on the record, which will be filed at ERB's offices and a copy mailed by certified mail to the appellant. B. The medical appeals hearin…

A. As a general rule, the educational retirement board shall only consider the medical appeals hearing officer's or the medical appeals panel's recommended decision, exceptions, briefs, and response to exceptions, if any. Where circumstances warrant, the board may review all or a…

This rule sets forth the process for appealing a denial of a claim for retirement benefits or a recommended denial of a claim for disability benefits.

The Educational Retirement Act, Sections 22-11-1 to 22-11-55 NMSA 1978.

Permanent.

June 30, 1999, unless a later date is cited at the end of a section.

Specification of procedures for the disability appeals process.

[RESERVED]

A. A final written decision of the director which results in a denial of a claim for retirement-related benefits or a recommendation of the medical review committee for a denial of an application for disability or termination of disability benefits may be appealed by an affected …

A. Upon receipt of a timely filed request for hearing, ERB staff shall confer with the chairman of the educational retirement board. The chairman is authorized to determine whether the hearing will be held before a medical appeals hearing officer or before a medical appeals panel…

Educational Retirement Board P.O. Box 26129 Santa Fe, New Mexico 87502-0129

A. A member who is receiving retirement benefits in accordance with Section 22-11-29 or 22-11-30 or disability benefits in accordance with Section 22-11-37, or a beneficiary who is receiving survivor benefits following the death of the member, shall be entitled to receive an Exce…

A. The ERB shall pay all benefits arising under the qualified excess benefit arrangement and all costs, charges, and expenses related thereto, but only to the extent that ERB has sufficient funds as derived from contributions made pursuant to Sections 22-11-21 and 22-11-21.1, and…

Except as specifically provided in the Educational Retirement Act and Subsection B and C of Section 22-11-42, benefits under the qualified excess benefit arrangement shall not be assignable in either law or in equity or be subject to execution, levy, attachment, garnishment, guar…

The ERB may amend or terminate this qualified excess benefit arrangement at any time.

This rule applies to employees hired before July 1, 1999, who are not receiving retirement benefits pursuant to Section 22-11-30 or disability benefits pursuant to Section 22-11-37 as of that date, and whose benefits are limited by section 415(b) of the Internal Revenue Code. The…

The Educational Retirement Act, Section 22-11-1 to 22-11-53, NMSA 1978.

Permanent

April 15, 2002, unless a later date is cited as the end of a section.

Establish a "qualified excess benefit arrangement" within the meaning of section 415(m) of the Internal Revenue Code.

A. "Excess Benefit" means the monthly actuarial equivalent of the difference between the Unrestricted Benefit and the Maximum Benefit. B. "Maximum Benefit" means the monthly actuarial equivalent of the maximum benefit permitted by section 415(b) of the Internal Revenue Code to be…

A member shall be considered eligible for Excess Benefits if the following conditions are met: A. He or she shall have been hired before July 1, 1999. B. He or she shall have elected (i) the retirement benefit as provided in Section 22-11-30 or an optional benefit pursuant to Sec…

A member or a member's beneficiary who applies to the Director for benefits shall be automatically deemed to have also applied for an Excess Benefit.

Educational Retirement Board, P.O. Box 26129, Santa Fe, New Mexico 87502-0129.

A. Any provisional member employed by any of the following local administrative units may elect to be covered under the public employees retirement association in lieu of coverage under the Educational Retirement Act within the first six months of employment or re-employment, but…

A. Any person enrolled as a student in any of the local administrative units outlined in Subsection A of 2.82.2.8 NMAC, and who is also employed by the local administrative unit in which he is enrolled, shall be considered a student and not eligible for either "regular" or "provi…

For the purposes of 2.82.5.15 NMAC, 2.82.5.16 NMAC and 2.82.5.17 NMAC, a retired member shall be defined as any member who has retired pursuant to the Educational Retirement Act.

A. Enrollment; changes in contact information. (1) Members are required to complete a new employment form each time that they are hired or rehired by a local administrative unit and to provide the board with contact information, including their mailing address and e-mail address.…

This rule defines membership status and processes within the Educational Retirement Act, Sections 22-11-1 through 22-11-55 NMSA 1978.

The Educational Retirement Act, Sections 22-11-1 to 22-11-55 NMSA 1978.

Permanent.

October 31, 2017, unless a later date is cited at the end of a section.

The purpose of this rule is to govern operations and define the types of membership eligible for coverage, as well as employees excluded from coverage.

A. Employers who are designated by statute as "local administrative units" shall be the following schools, institutions, and agencies: (1) all public school districts in New Mexico; (2) educational institutions enumerated in Article 12, Section 11 of the constitution of New Mexic…

A. In four-year colleges, technical and vocational institutes and community or junior colleges, public school districts, and state operated schools, "regular members" shall be all employees other than retired members, retired members who have returned to work under 2.82.5.15 NMAC…

Educational Retirement Board, P. O. Box 26129, Santa Fe, New Mexico 87502-0129

A. In the event of the death of an active member who is not vested, member contributions together with interest calculated at the refund rate shall be refunded to the member's beneficiary or to the member's estate upon completion of the proper refund forms as provided for herein.…

A. Member contributions which have been withdrawn from the fund by a member who has terminated employment may be returned to the fund, together with interest at the rate set by the board, without the member being required to return to employment if the termination was under one o…

A. Non-reported service must be purchased at the time it is discovered. Payment for non-reported service shall be at the contribution rate in effect at the time the non-reported service is discovered. The full fiscal year salary for the position for which the member was hired sha…