A. An employee who is retired pursuant to the Public Employees Retirement Act [Chapter 10, Article 11 NMSA 1978] and who has not suspended retirement benefits received pursuant to that act shall not make contributions to the fund as otherwise required by the Educational Retirement Act. A local administrative unit that employs such a retiree shall make contributions to the fund as required by that act.
B. An employee who receives retirement benefits pursuant to the Public Employees Retirement Act is not entitled to acquire or purchase service credit for the period of employment with a local administrative unit.
History: Laws 2003, ch. 248, § 1; 2019, ch. 258, § 4; 2020, ch. 10, § 3.
The 2020 amendment, effective May 20, 2020, exempted retirees under the Public Employees Retirement Act from contribution requirements under the Educational Retirement Act if they have not suspended retirement benefits; in Subsection A, after "shall", added "not"; and deleted former Subsection B, which related to certain employees exempted from contribution requirements, and redesignated the succeeding subsection accordingly.
The 2019 amendment, effective July 1, 2019, provided that an employee hired prior to July 1, 2019 by a local administrative unit as a police officer, who is retired and who has not suspended retirement benefits, shall not make contributions to the fund so long as the employee remains working as a certified police officer, and provided that the local administrative unit that hired the certified police officer shall make contributions to the fund; in Subsection A, after "that act shall", deleted "not", and added the last sentence; added a new Subsection B and redesignated former Subsection B as Subsection C; in Subsection C, after "Retirement Act", deleted "and who does not make contributions to the fund", and after "service credit", deleted "or to acquire or purchase service credit in the future"; and deleted former Subsection C.
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.