A. Commencing on July 1, 1998, each local administrative unit may, solely for the purpose of compliance with Section 414(h) of the Internal Revenue Code of 1986, pick up, for the purposes specified in that section, member contributions permitted by Section 22-11-17 NMSA 1978; Subsection C of Section 22-11-33 NMSA 1978; or Paragraph (4) of Subsection A of Section 22-11-34 NMSA 1978. Member contributions picked up under the provisions of this subsection shall be treated as local administrative unit contributions for purposes of determining income tax obligations under the Internal Revenue Code of 1986; however, such picked-up member contributions shall be included in the determination of the member's gross annual salary for all other purposes under federal and state laws. Member contributions picked up under this section shall continue to be designated member contributions for all purposes of the Educational Retirement Act and shall be considered as part of the member's annual salary for purposes of determining the amount of the member's contribution. The provisions of this section are voluntary, and the member shall have no option concerning the pick up to receive the contributed amounts directly instead of having them paid by the local administrative unit to the fund. The contribution may be paid through the local administrative unit's payroll deduction.
B. Commencing July 1, 1998, the board may accept rollover contributions from other retirement funds solely for and subject to the restrictions set forth in Section 22-11-17 NMSA 1978 and Subsection B of Section 22-11-34 NMSA 1978 and the applicable restrictions set forth in the Internal Revenue Code of 1986 for pension plan qualification.
History: Laws 1998, ch. 38, § 1; 2003, ch. 227, § 2; 2017, ch. 21, § 9.
Cross references. — For the Internal Revenue Code of 1986, see 26 U.S.C.
The 2017 amendment, effective June 16, 2017, in Subsection A, after "member contributions permitted by", deleted "Subsection D of".
The 2003 amendment, effective June 20, 2003, inserted "of 1986" following "Internal Revenue Code" throughout the section, in Subsection A inserted "Subsection D of Section 22-11-17 NMSA 1978; Subsection C of Section 22-11-33 NMSA 1978; or" following "member contributions permitted by," added the last sentence; in Subsection B, deleted "educational retirement" near the beginning, inserted "Section 22-11-17 NMSA 1978 and" following "set forth in."
Structure New Mexico Statutes
Article 11 - Educational Retirement
Section 22-11-1 - Short title.
Section 22-11-2 - Definitions.
Section 22-11-3 - Educational retirement board; members; terms; vacancies.
Section 22-11-4 - Board; regular and special meetings.
Section 22-11-5 - Board; record; quorum; compensation.
Section 22-11-5.1 - Restrictions on receipt of gifts.
Section 22-11-6 - Board; powers; duties.
Section 22-11-7 - Educational retirement director; bond.
Section 22-11-8 - Medical authority; fees.
Section 22-11-9 - Actuary; fees.
Section 22-11-10 - Salaries; fees; expenditures.
Section 22-11-11 - Educational retirement fund; suspense fund.
Section 22-11-12 - Fund; suspense fund; disbursements.
Section 22-11-14 - Fund; restrictions.
Section 22-11-15 - Fund; refunds; payments.
Section 22-11-16 - Regular membership.
Section 22-11-16.1 - Regular membership continuation of certain transferred employees.
Section 22-11-16.2 - Substitutes; membership status.
Section 22-11-17 - Provisional membership.
Section 22-11-19 - Regular or provisional membership; optional coverage.
Section 22-11-19.2 - Regular or provisional membership; regional education cooperatives.
Section 22-11-21 - Contributions; members; local administrative units.
Section 22-11-21.1 - Member contributions; tax treatment.
Section 22-11-21.2 - Salary calculation; limitations.
Section 22-11-21.3 - Pick up; rollover.
Section 22-11-22 - Payment; records; audits.
Section 22-11-23 - Retirement eligibility; initial membership prior to July 1, 2010.
Section 22-11-23.1 - Retirement eligibility; initial membership on or after July 1, 2010.
Section 22-11-23.2 - Retirement eligibility membership on or after July 1, 2013.
Section 22-11-23.3 - Retirement eligibility; initial membership on or after July 1, 2019.
Section 22-11-24 - Retirement benefits; minimum contributory employment.
Section 22-11-25 - Retirement; reemployment.
Section 22-11-25.1 - Return to employment; benefits; contributions.
Section 22-11-26 - Death during reemployment.
Section 22-11-27 - Deferred retirement; restriction.
Section 22-11-28 - Applications for retirement; effective date.
Section 22-11-29 - Retirement benefit options.
Section 22-11-30 - Retirement benefits; reductions.
Section 22-11-30.1 - Educational retirement; qualified excess benefit.
Section 22-11-32 - Adjustment of benefits.
Section 22-11-33 - Earned service credit.
Section 22-11-34 - Allowed service credit.
Section 22-11-34.1 - Sick leave service credit.
Section 22-11-35 - Disability benefit; eligibility; medical examination.
Section 22-11-36 - Disability benefit; continued eligibility; re-examinations.
Section 22-11-37 - Disability benefit.
Section 22-11-38 - Disability retirement.
Section 22-11-39 - Report of improved health; penalty.
Section 22-11-40 - Restoration to fund.
Section 22-11-43 - Insurance or banking laws inapplicable.
Section 22-11-44 - Saving clause; retirement benefits; disability benefits.
Section 22-11-44.1 - Repealed.
Section 22-11-47 - Alternative retirement plan; election of coverage.
Section 22-11-48 - Alternative retirement plan; contributory employment.
Section 22-11-49 - Alternative retirement plan; contributions.
Section 22-11-50 - Alternative retirement plan; tax treatment.
Section 22-11-51 - Alternative retirement plans; benefits; transfer upon unemployment.
Section 22-11-52 - Alternative retirement plan; selection of contractor or carrier; administration.
Section 22-11-53 - Correction of errors and omissions; estoppel.
Section 22-11-54 - Disclosure of third-party marketers; penalty.
Section 22-11-55 - Disclosure of member or retired member information; penalty.