reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 82 - EDUCATIONAL RETIREMENT › Part 9 - ADMINISTRATIVE UNIT REPORTS AND REMITTANCES › Section 2.82.9.8 - EMPLOYER REPORTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Instructions
				for the preparation and handling of employer reports and monthly remittances by
				the local administrative units shall be outlined in detail once each year and
				electronically transmitted to each local administrative unit by the
				director.
B. Employer reports shall
				encompass all local administrative unit employees including those employees
				whom the local administrative unit has identified as excluded from coverage
				except that an employer may omit student employees and resident
				physicians.
C. Monthly
				contributions from employees and local administrative units shall be
				electronically transmitted no later than the 15th
				day of the month following the month for which contributions are withheld.
(1) Employer reports and contributions shall
				be electronically transmitted or postmarked no later than the
				15th of the following month. The director may enter
				into an agreement with a local administrative unit for an extension of this
				deadline for the employer report. No such extension is available for submission
				of the contributions.
(2) When the
				15th of the month falls on a weekend or holiday, the
				report and contributions are due on the next workday.
(3) Local administrative units shall be
				assessed late charges for not submitting reports or contributions in accordance
				with the above schedule. A charge of fifty dollars ($50) per day shall be
				assessed for untimely reports. Upon a written showing of good cause, the
				director may waive charges to the local administrative unit for untimely
				reports. No such waiver of charges is available for late contributions. The
				charges for late contributions will be calculated at a rate equal to the state
				treasurer's overnight investment program rate plus one percent. The rate will
				be applied daily and cumulatively for the period of time from the
				15th to the date of postmark. The late charge shall
				be the greater amount calculated by applying the foregoing rate or ten dollars
				($10). The director shall report any and all such assessments and waivers to
				the board.
(4) A local
				administrative unit shall be assessed a penalty for each report filed that
				fails to correctly include or identify an individual as employed or to
				mis-categorize an employee when submitting a work report reflecting payment of
				wages as required pursuant to this rule. The penalty shall be payable to ERB
				and shall be assessed for each report filed incorrectly as follows:
				1st failure - five hundred dollars ($500),
				2nd failure - one thousand dollars ($1,000),
				3rd and each subsequent failure - one thousand five
				hundred dollars ($1,500). Upon a written showing of good cause, the director
				may waive the penalty for a first failure. Upon a written showing of good
				cause, the Board may waive the penalty for a second and any subsequent
				failure.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 82 - EDUCATIONAL RETIREMENT › Part 10 - RETIREMENT RECIPROCITY › Section 2.82.10.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Educational Retirement Board, P. O. Box 26129, Santa Fe, New
				  Mexico 87502-0129
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 82 - EDUCATIONAL RETIREMENT › Part 10 - RETIREMENT RECIPROCITY › Section 2.82.10.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to retirees combining service from PERA and
				  ERA for retirement purposes. The governing boards of both systems must adopt
				  these rules.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 82 - EDUCATIONAL RETIREMENT › Part 10 - RETIREMENT RECIPROCITY › Section 2.82.10.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 82 - EDUCATIONAL RETIREMENT › Part 10 - RETIREMENT RECIPROCITY › Section 2.82.10.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
June 16, 2015, unless a later date is cited at the end of a
				  section.
Compiler's note: The words or paragraph, above, are no
					 longer applicable. Later dates are now cited only at the end of sections, in
					 the history notes appearing in brackets.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 82 - EDUCATIONAL RETIREMENT › Part 10 - RETIREMENT RECIPROCITY › Section 2.82.10.8 - RETIREMENT RECIPROCITY

Current through Register Vol. 35, No. 13, July 16, 2024
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 Retirement Reciprocity Act applies to normal retirement only,
				and does not apply to disability retirement or preretirement survivor
				pensions.
C. If a retired member
				whose service credit at retirement was acquired only under PERA, is
				subsequently employed by an employer covered under ERA; and the retired member
				becomes a contributing member of ERA; and the retired member's PERA pension is
				suspended for the period of membership under ERA; and the retired member
				acquires service credit under ERA; the subsequently acquired service credit is
				eligible reciprocal service credit. When the member terminates the subsequent
				employment and retires again, the subsequent retirement shall be governed by
				the provisions of the Public Employees Retirement Reciprocity Act.
D. If a retired member whose service credit
				at retirement was acquired only under ERA is subsequently employed by an
				employer covered under PERA; the member may remove himself from a retirement
				status and become a contributing member of PERA; and the member may acquire
				service credit under PERA which shall be eligible for reciprocity service
				credit. When the member terminates the subsequent employment and retires again,
				the subsequent retirement shall be governed by the provisions of the Public
				Employees Retirement Reciprocity Act.
E. If a member has service credit for the
				same period of time for employment by public employers covered under different
				state systems, service credit may only be acquired under one state system for
				the period of overlapping service credit.
F. If a member retires with service credit
				under more than one state system for an overlapping period, the member shall be
				granted service credit for this overlapping period as follows:
(1) PERA shall grant service credit earned
				for the months the member was employed by an employer covered under PERA in
				accordance with all applicable PERA statutes and rules.
(2) ERA shall grant service credit for the
				quarters of ERA service credited to the member in accordance with all
				applicable ERA statutes and rules less the amount of service credit granted by
				PERA in subsection 8.6.a (now Paragraph (1) of Subsection F of 2.82.10.8 NMAC)
				above.
(3) In no case shall a
				member be credited with more than one month of service credit for all service
				in any calendar month.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 82 - EDUCATIONAL RETIREMENT › Part 11 - ADMINISTRATIVE APPEALS › Section 2.82.11.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Educational Retirement Board, P. O. Box 26129, Santa Fe, New
				  Mexico 87502-0129.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 82 - EDUCATIONAL RETIREMENT › Part 11 - ADMINISTRATIVE APPEALS › Section 2.82.11.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 82 - EDUCATIONAL RETIREMENT › Part 11 - ADMINISTRATIVE APPEALS › Section 2.82.11.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The Educational Retirement Act, Sections
				  22-11-1 to
				  22-11-55
				  NMSA 1978.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 82 - EDUCATIONAL RETIREMENT › Part 11 - ADMINISTRATIVE APPEALS › Section 2.82.11.9 - PRE-HEARING PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
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 of not less than two (2) board
				members and is authorized to appoint the hearing officer or panel members to
				conduct the hearing.
B. Within
				fifteen (15) days from the date a request for hearing is filed, ERB shall mail
				to the applicant or recipient, hereinafter "appellant", notice of appointment
				of the medical appeals hearing officer or medical appeals panel. A lawyer or
				non-lawyer may serve as hearing officer. The director may serve as a member of
				the medical appeals panel.
C. ERB
				shall set a date for the hearing, which hearing must occur within sixty (60)
				days from the date of the filing of the request for hearing, except that
				continuances may be granted by the medical appeals hearing officer or medical
				appeals panel upon a showing of good cause. Notice of the date, time and place
				of the hearing must be mailed by certified mail to the appellant at least
				twenty (20) days prior to the date of the hearing.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 82 - EDUCATIONAL RETIREMENT › Part 11 - ADMINISTRATIVE APPEALS › Section 2.82.11.10 - HEARING PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
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 people in the conduct of serious affairs. The
				medical appeals hearing officer or the medical appeals panel may, in their
				discretion, exclude incompetent, irrelevant or unduly repetitious evidence.
				Documentary evidence may be received in the form of copies or excerpts.
				Physician reports, medical treatises, guidelines established by the social
				security administration, vocational opinions, guides, books or reports and any
				other relevant information may be considered.
C. An appellant, either personally and/or by
				means of a representative, including counsel, may present evidence and state
				his/her position, present a written summary of his/her case, enter written
				statements about the facts and law material to his/her case, submit and examine
				documentary evidence, and present and question witnesses.
D. Appellant's failure to appear at the
				hearing, either personally or by means of a representative, shall result in the
				recommendation becoming final.
E.
				The medical appeals hearing officer and the medical appeals panel have the duty
				to undertake a full inquiry and to fully and fairly develop the facts on both
				sides. The medical appeals hearing officer and the medical appeals panel are
				the only presenters of evidence that is against the appellant. All evidence
				that is against the appellant must be introduced by the medical appeals hearing
				officer or the medical appeals panel. If the medical appeals hearing officer or
				the medical appeals panel know of or require information that will be useful in
				making a decision, they have a duty to assure that it is received and taken
				into account.
F. Subpoenas, if
				necessary for a full presentation of the case and to obtain evidence not
				otherwise available, may be issued by ERB at the direction of the medical
				appeals hearing officer or medical appeals panel. Any enforcement must occur
				through the courts.
G. A record of
				the proceedings shall be made by either tape recording or by using a court
				reporter. An appellant must make arrangements with ERB or the court reporter,
				if applicable, to receive a transcript or duplicate tapes and copies of
				evidence.
H. The medical appeals
				hearing officer or the medical appeals panel may continue a hearing to a later
				date, or may reopen a hearing before a recommended decision is issued, if
				additional evidence should be received.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 82 - EDUCATIONAL RETIREMENT › Part 11 - ADMINISTRATIVE APPEALS › Section 2.82.11.11 - RECOMMENDED DECISION

Current through Register Vol. 35, No. 13, July 16, 2024
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
				hearing officer or the medical appeals panel will propose findings of fact and
				conclusions of law as part of the recommended decision.
C. Exceptions to the recommended decision may
				be filed at ERB's offices with supporting briefs within thirty (30) days from
				the date of issuance of the recommended decision.
D. Exceptions to the recommended decision
				shall state the precise issue to which exception is made and shall be based
				solely on evidence contained in the hearing record. Any exception not made in
				the manner required by this rule is waived.
E. The medical appeals hearing officer or the
				medical appeals panel may file a response to the exceptions within fifteen (15)
				days from the date of filing of the exceptions.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 82 - EDUCATIONAL RETIREMENT › Part 11 - ADMINISTRATIVE APPEALS › Section 2.82.11.12 - DECISION BY THE EDUCATIONAL RETIREMENT BOARD

Current through Register Vol. 35, No. 13, July 16, 2024
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 portion of the hearing record.
B. The board shall not consider any
				additional oral argument, evidence or affidavits in the hearing
				record.
C. The board will
				deliberate the matter in closed session. Any final action must occur in open
				session.
D. Under appropriate
				circumstances, the board may remand a recommended decision to the medical
				appeals hearing officer or the medical appeals panel for additional
				findings.
E. If the board wishes to
				modify proposed findings of fact, it may do so only after a review of the
				hearing record.
F. The medical
				appeals hearing officer's or the medical appeals panel's written recommendation
				is a public record.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 82 - EDUCATIONAL RETIREMENT › Part 12 - QUALIFIED EXCESS BENEFIT ARRANGEMENT › Section 2.82.12.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Educational Retirement Board P.O. Box 26129 Santa Fe, New
				  Mexico 87502-0129
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 82 - EDUCATIONAL RETIREMENT › Part 12 - QUALIFIED EXCESS BENEFIT ARRANGEMENT › Section 2.82.12.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
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 preceding sentence shall apply to an employee who is rehired
				  on or after July 1, 1999, if such employee was originally hired before July 1,
				  1999.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 82 - EDUCATIONAL RETIREMENT › Part 12 - QUALIFIED EXCESS BENEFIT ARRANGEMENT › Section 2.82.12.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The Educational Retirement Act, Section
				  22-11-1 to
				  22-11-53,
				  NMSA 1978.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 82 - EDUCATIONAL RETIREMENT › Part 12 - QUALIFIED EXCESS BENEFIT ARRANGEMENT › Section 2.82.12.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
Establish a "qualified excess benefit arrangement" within the
				  meaning of section 415(m) of the Internal Revenue Code.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 82 - EDUCATIONAL RETIREMENT › Part 12 - QUALIFIED EXCESS BENEFIT ARRANGEMENT › Section 2.82.12.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
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 paid to a member or a beneficiary of the member
				during any Limitation Year,
C.
				"Limitation Year" means the calendar year.
D. "Unrestricted Benefit" means the maximum
				monthly retirement benefit payable to a member during any Limitation Year under
				Section
				22-11-30
				or
				22-11-37, as
				applicable, determined without regard to the application of section 415(b) of
				the Internal Revenue Code.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 82 - EDUCATIONAL RETIREMENT › Part 12 - QUALIFIED EXCESS BENEFIT ARRANGEMENT › Section 2.82.12.8 - ELIGIBILITY

Current through Register Vol. 35, No. 13, July 16, 2024
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 Section
				22-11-29,
				or (ii) a disability benefit pursuant to Section
				22-11-37.
C. He or she shall not have commenced
				receiving retirement or disability benefits as of July 1, 1999.
D. The amount of his or her retirement
				benefit or disability is limited by the application of section 415(b) of the
				Internal Revenue Code.
E. He or she
				shall not have elected to participate in an alternative retirement plan
				established pursuant to Section
				22-11-47.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 82 - EDUCATIONAL RETIREMENT › Part 12 - QUALIFIED EXCESS BENEFIT ARRANGEMENT › Section 2.82.12.9 - APPLICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 82 - EDUCATIONAL RETIREMENT › Part 12 - QUALIFIED EXCESS BENEFIT ARRANGEMENT › Section 2.82.12.10 - COMPUTATION, COMMENCEMENT AND FORM OF EXCESS BENEFIT

Current through Register Vol. 35, No. 13, July 16, 2024
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 Excess Benefit for any month in which
				he or she receives a monthly retirement or survivor benefit.
B. Any Excess Benefit payable to a member or
				a beneficiary shall be paid at such time or times and in such a form to the
				member or the member's beneficiary as the retirement benefit under Section
				22-11-29
				or
				22-11-30
				or the disability benefit under Section
				22-11-37 is
				paid. The member or beneficiary shall have the right to receive as a portion of
				his or her first payment hereunder an amount equal to the sum of the Excess
				Benefit otherwise payable to him or her since July 1, 1999, had this
				arrangement been in effect as of July 1, 1999.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 82 - EDUCATIONAL RETIREMENT › Part 12 - QUALIFIED EXCESS BENEFIT ARRANGEMENT › Section 2.82.12.11 - SOURCE OF PAYMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
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 for those costs normally borne by other agencies or offices of the
				State of New Mexico or its political subdivisions.
B. The ERB may establish a grantor trust
				within the meaning of sections 671 through 678 of the Internal Revenue Code to
				pay benefits arising hereunder. In that event, benefits hereunder shall be paid
				from such trust to the extent permitted under the terms of the trust.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 82 - EDUCATIONAL RETIREMENT › Part 12 - QUALIFIED EXCESS BENEFIT ARRANGEMENT › Section 2.82.12.12 - NON-ASSIGNABILITY OF BENEFITS

Current through Register Vol. 35, No. 13, July 16, 2024
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, guarantee fund or similar assessment or any other legal
				  process.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 83 - JUDICIAL RETIREMENT › Part 100 - GENERAL PROVISIONS › Section 2.83.100.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Public Employees Retirement Association, P. O. Box 2123,
				  Santa Fe, New Mexico 87504-2123
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 83 - JUDICIAL RETIREMENT › Part 100 - GENERAL PROVISIONS › Section 2.83.100.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule affects the members, former members, retirees,
				  beneficiaries, public employers, the retirement board, and the association
				  under the Judicial Retirement Act.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 83 - JUDICIAL RETIREMENT › Part 100 - GENERAL PROVISIONS › Section 2.83.100.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Judicial
				agency" means the district courts, the metropolitan courts, the court of
				appeals, the supreme court, or the administrative office of the courts or the
				employer that pays the member's salary.
B. "Public employer" means any employer
				covered under any state system or the Educational Retirement Act.
C. "Legal representative" means "personal
				representative" as defined in the Probate Code of New Mexico which includes
				executor, administrator, successor personal representative, special
				administrator and persons who perform substantially the same functions under
				the law governing their status, or an attorney or a person acting pursuant to a
				power of attorney for a member, retired member or beneficiary.
D. "State system" means a retirement program
				provided for in the Public Employees Retirement Act, Magistrate Retirement Act,
				or Judicial Retirement Act.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 83 - JUDICIAL RETIREMENT › Part 200 - ADMINISTRATION › Section 2.83.200.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule affects the members, former members, retirees,
				  beneficiaries, public employers, retirement board, and the association under
				  the Judicial Retirement Act.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 83 - JUDICIAL RETIREMENT › Part 200 - ADMINISTRATION › Section 2.83.200.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to establish procedures for
				  rulemaking, to provide for payment of expenses for investing and administering
				  the judicial retirement fund, to establish procedures and requirements for the
				  remittance of contributions, and to establish procedures for collecting pension
				  overpayments.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 83 - JUDICIAL RETIREMENT › Part 200 - ADMINISTRATION › Section 2.83.200.10 - RULEMAKING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Prior to the
				adoption, amendment or repeal of any rule, the board shall, at least thirty
				days prior to its proposed action:
(1) publish
				notice of its proposed action in a newspaper with a general statewide
				circulation. The notice shall:
(a) give the
				time and place of any public hearing and state the manner in which data, views
				or arguments may be submitted to the board by any interested person;
(b) describe the substance of the proposed
				action, and state the subjects and issues involved;
(c) include any additional matter required by
				any law, together with specific reference to the statutory authority under
				which the rule is proposed; and
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 83 - JUDICIAL RETIREMENT › Part 200 - ADMINISTRATION › Section 2.83.200.20 - EXPENSES OF ADMINISTRATION

Current through Register Vol. 35, No. 13, July 16, 2024
Expenses related to the investment of the judicial retirement
				  fund and administration of the Judicial Retirement Act shall be paid from the
				  fund. Such expenses shall include:
A.
				the cost of annual and special actuarial valuations necessary to determine the
				contribution rate required to support plan benefits in accordance with the
				plan's funding objectives; special actuarial valuations may also be necessary
				to measure the impact of proposed legislation;
B. the cost of an annual independent audit of
				the fund's financial statements;
C.
				the cost of investment management services as determined by the
				board;
D. the cost of
				administration of benefit provisions in the same proportion as the proportion
				of JRA members to members of the association; and
E. any other expenses associated with the
				administration of the fund as determined by the board.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 83 - JUDICIAL RETIREMENT › Part 200 - ADMINISTRATION › Section 2.83.200.40 - OVERPAYMENT OF PENSION

Current through Register Vol. 35, No. 13, July 16, 2024
The board directs the executive director to make all
				  reasonable efforts to collect any pension overpayment made for any
				  reason.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 83 - JUDICIAL RETIREMENT › Part 300 - MEMBERSHIP › Section 2.83.300.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Public Employees Retirement Association (PERA), P. O. Box
				  2123, Santa Fe, New Mexico 87504-2123.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 83 - JUDICIAL RETIREMENT › Part 300 - MEMBERSHIP › Section 2.83.300.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule affects judges or justices in office on or after
				  July 1, 1992, judicial agencies and the association under the Judicial
				  Retirement Act.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 83 - JUDICIAL RETIREMENT › Part 300 - MEMBERSHIP › Section 2.83.300.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is authorized by Sections
				  10-12B-3
				  and
				  10-12B-4
				  NMSA, 1978, as amended.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 83 - JUDICIAL RETIREMENT › Part 300 - MEMBERSHIP › Section 2.83.300.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to establish procedures for
				  obtaining membership applications and applications for exemption from
				  membership under the Judicial Retirement Act.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 83 - JUDICIAL RETIREMENT › Part 300 - MEMBERSHIP › Section 2.83.300.10 - MEMBERSHIP APPLICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Judges or justices in office on or after July 1, 1992 shall
				  be members.
A.Each judicial agency
				must provide to PERA a membership application, in the form prescribed by PERA,
				completed by each member within 30 days after the member takes office.
B.The member is responsible for
				providing to the association any change of the member's address.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 83 - JUDICIAL RETIREMENT › Part 400 - SERVICE CREDIT › Section 2.83.400.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Public Employees Retirement Association (PERA), P. O. Box
				  2123, Santa Fe, New Mexico 87504-2123.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 83 - JUDICIAL RETIREMENT › Part 400 - SERVICE CREDIT › Section 2.83.400.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule affects the members, former members, judicial
				  agencies, the administrative office of the courts, retirement board and the
				  association under the Judicial Retirement Act.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 83 - JUDICIAL RETIREMENT › Part 400 - SERVICE CREDIT › Section 2.83.400.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is authorized by Sections
				  10-12B-3
				  and
				  10-12B-5
				  NMSA 1978, as amended.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 83 - JUDICIAL RETIREMENT › Part 400 - SERVICE CREDIT › Section 2.83.400.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to establish standards and
				  procedures for awarding and reinstating service credit under the Judicial
				  Retirement Act.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 83 - JUDICIAL RETIREMENT › Part 400 - SERVICE CREDIT › Section 2.83.400.8 - GENERAL PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Members
				may receive one month of service credit for any calendar month in which the
				member becomes a member on or before the sixteenth day of that month, or for
				any calendar month in which the member leaves office on or after the fifteenth
				day of the month, provided that all other requirements for awarding service
				credit are met.
B. Service credit
				that was forfeited when a member left office and withdrew his or her
				accumulated member contributions may be reinstated by repayment of withdrawn
				member contributions, together with interest from the date of withdrawal to the
				date of repayment at the rate or rates set by the board under the following
				conditions.
(1) Service credit may be
				reinstated in one-year increments, beginning with the most recently forfeited
				service credit. A one-year increment is 12 consecutive, but not necessarily
				continuous, months of service credit. For the purpose of eligibility to retire
				only, less than one year of service credit may be purchased. After
				reinstatement of all 12-month "years" as defined herein, any remaining service
				credit that totals less than 12 months may be reinstated by payment in one lump
				sum as provided herein.
(2) All
				forfeited service credit may also be reinstated by repayment of the total
				amount of all member contributions withdrawn from each period of service
				together with interest from the date of withdrawal to the date of repayment at
				the rate set by the board.
(3) The
				rate or rates of interest for the purchase or reinstatement of service credit
				shall be set annually by the board at a July meeting and shall be effective
				beginning the next succeeding January 1.
(4) A former member who is employed by an
				employer covered under the Educational Retirement Act must provide evidence of
				current contributing membership in the educational retirement association; such
				evidence shall be either certification by the employer, in the form prescribed
				by the association, or certification by the educational retirement association
				(ERA).
(5) Payment for reinstated
				service credit must be received by the association prior to the member's
				effective date of retirement.
(6)
				Interest received to reinstate forfeited service credit under this subsection
				shall not be refunded to the member. The purchase cost received to reinstate
				forfeited service credit, which is determined to be unnecessary to provide the
				maximum pension applicable to the member and which is purchased in reliance on
				information provided by PERA shall be refunded to the member.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 83 - JUDICIAL RETIREMENT › Part 500 - MEMBER CONTRIBUTIONS › Section 2.83.500.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Public Employees Retirement Association, P. O. Box 2123,
				  Santa Fe, New Mexico 87504-2123
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 83 - JUDICIAL RETIREMENT › Part 500 - MEMBER CONTRIBUTIONS › Section 2.83.500.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is authorized by NMSA 1978, Sections
				  10-12B-3
				  and
				  10-12B-6,
				  as amended.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 83 - JUDICIAL RETIREMENT › Part 500 - MEMBER CONTRIBUTIONS › Section 2.83.500.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to establish procedures and
				  requirements for the remittance of contributions under the Judicial Retirement
				  Act.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 83 - JUDICIAL RETIREMENT › Part 500 - MEMBER CONTRIBUTIONS › Section 2.83.500.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Another
				qualified plan," for the purposes of the direct rollover provisions in Section
				10-11-124(C) NMSA 1978, means an eligible retirement plan, including:
(1) an individual retirement account
				described in Internal Revenue Code Section 408(a);
(2) an individual retirement annuity
				described in Internal Revenue Code Section 408(b);
(3) a qualified trust described in Internal
				Revenue Code Section 401(a) that accepts the distributee's eligible rollover
				distribution,
(4) an annuity plan
				described in Internal Revenue Code Section 403(a);
(5) effective January 1, 2002, an annuity
				contract described in Internal Revenue Code Section 403(b);
(6) effective January 1, 2002, a plan
				eligible under Internal Revenue Code Section 457(b) that is maintained by a
				state, political subdivision of a state or any agency or instrumentality of a
				state or political subdivision of a state that agrees to separately account for
				amounts transferred into the plan; or
(7) effective January 1, 2008, a Roth IRA
				described in Internal Revenue Code Section 408A.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 83 - JUDICIAL RETIREMENT › Part 500 - MEMBER CONTRIBUTIONS › Section 2.83.500.8 - GENERAL PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				member who leaves office for reasons other than retirement may request a refund
				of his or her total accumulated member contributions. Refunds shall include
				interest as provided in Subsection D of this section.
B. No partial refund of a member's
				contributions is permitted.
C.
				Requests for refunds of member contributions shall be made on forms provided by
				the association.
(1) The member or the
				member's legal representative, or the member's designated refund beneficiary or
				the beneficiary's legal representative, if the member is deceased, must
				complete and sign the request for refund.
(2) If the member is deceased, the applicant
				for refund must provide PERA with a copy of the member's death certificate. If
				the deceased member has no living beneficiary, then the personal representative
				of the estate must provide PERA with a copy of the letters of administration or
				order of appointment of personal representative, signed and fled in court; or
				must comply with NMSA 1978, Section
				45-3-1201.
(3) The member's judicial agency
				must certify that the member has left office before a refund may be
				made.
(4) If the member has been
				divorced, the member shall provide the association with complete endorsed
				copies of all court documents the association deems necessary to ascertain the
				current marital status of the member and whether any ex-spouse of the member is
				entitled to any portion of the member's contributions. Such documents shall
				include the final decrees and marital property settlements for all marriages
				during the member's employment as a judge or justice. If the member's only
				divorce was prior to becoming a member, then the final divorce decree is
				required, but no marital property settlement is required. If the member was
				divorced more than once before becoming a member, then only the most recent
				final decree is required. If the member's former spouse is entitled to a
				portion of a refund of member contributions pursuant to a court order entered
				pursuant to NMSA 1978, Section
				10-12B-7,
				as amended, the member's former spouse may request, on a form prescribed by the
				association that his or her share of a refund of member contributions be
				transferred directly to another qualified plan as allowed by the Internal
				Revenue Code, as specified under Subsection H of 2.83.500.8 NMAC.
(5) After tax employee contributions that are
				not includible in gross income may be directly refunded to the
				member.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 83 - JUDICIAL RETIREMENT › Part 600 - INTERCEPTION OR DIVISION OF PAYMENTS › Section 2.83.600.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Public Employees Retirement Association (PERA), P. O. Box
				  2123, Santa Fe, New Mexico 87504-2123
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 83 - JUDICIAL RETIREMENT › Part 600 - INTERCEPTION OR DIVISION OF PAYMENTS › Section 2.83.600.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule affects members, former members, retirees,
				  beneficiaries, and the association under the Judicial Retirement Act. This rule
				  also affects the spouses and ex-spouses of members, former members and retirees
				  under the act.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 83 - JUDICIAL RETIREMENT › Part 600 - INTERCEPTION OR DIVISION OF PAYMENTS › Section 2.83.600.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is authorized by Sections
				  10-12B-3
				  and
				  10-12B-7
				  NMSA 1978, as amended.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 83 - JUDICIAL RETIREMENT › Part 600 - INTERCEPTION OR DIVISION OF PAYMENTS › Section 2.83.600.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to establish standards and
				  procedures for dividing the community interest in retirement pensions or
				  contributions and for withholding from retirement pensions/contributions the
				  amounts due pursuant to a child support enforcement order.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 83 - JUDICIAL RETIREMENT › Part 600 - INTERCEPTION OR DIVISION OF PAYMENTS › Section 2.83.600.10 - DIVORCE DECREE OR ORDER

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				following information must be contained in a divorce decree or order which
				divides the community interest in Judicial Retirement Act (JRA) retirement
				pensions or contributions:
(1) specific
				information identifying the parties, i.e., full names, addresses, social
				security numbers, retirement numbers if any;
(2) a declaration that there is a community
				interest in a member's pension or member contributions;
(3) the percentage or dollar amount of each
				party's interest in the gross pension as calculated at the time of
				retirement;
(4) the percentage or
				dollar amount of each party's interest in member contributions;
(5) a direct order to PERA restraining refund
				of member contributions except according to the provisions of the decree or
				order, if such a restraint is desired;
(6) liability for and payment of federal and
				state income taxes;
(7) a direct
				order to PERA to issue separate warrants to each party.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 83 - JUDICIAL RETIREMENT › Part 600 - INTERCEPTION OR DIVISION OF PAYMENTS › Section 2.83.600.20 - CHILD SUPPORT OBLIGATION ENFORCEMENT ORDER

Current through Register Vol. 35, No. 13, July 16, 2024
A. The following information must be
				contained in an order to withhold amounts due in satisfaction of current or
				delinquent child support obligations.
(1)
				specific information identifying the member or retired member, i.e., full name,
				address, social security number, retirement number, if any;
(2) specific information identifying the
				third party payee, i.e., full name, address, social security number, if any, or
				account code for child support enforcement bureau;
(3) dollar amount to be withheld from the
				monthly pension payment or a refund of member contributions;
(4) a direct order to PERA to issue separate
				warrants to each party.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 83 - JUDICIAL RETIREMENT › Part 600 - INTERCEPTION OR DIVISION OF PAYMENTS › Section 2.83.600.30 - FEDERAL PREEMPTIVE ORDERS

Current through Register Vol. 35, No. 13, July 16, 2024
Pursuant to Section
				  10-12B-7
				  NMSA 1978, JRA retirement accounts are not subject to legal process under other
				  state laws, except for division of a community interest in such accounts or in
				  enforcement of child support obligations, both as provided in Section
				  10-12B-7
				  NMSA 1978. In the following instances, however, federal laws pre-empt the
				  provisions of Section
				  10-12B-7
				  NMSA 1978.
A. IRS notices of levy for
				unpaid taxes will be honored if the account is in pay status, i.e., if the
				member has terminated employment and requested a refund of contributions, or if
				a pension is payable. If the levy is applied against a refund of member
				contributions, non-tax deferred contributions shall be paid before tax-deferred
				contributions.
B. Orders issued by
				a U.S. bankruptcy court will be honored if the account is in pay status, i.e.,
				if the member has terminated employment and requested a refund of
				contributions, or if a pension is payable. If the order is applied against a
				refund of member contributions, non-tax deferred contributions shall be paid
				before tax-deferred contributions.
C. Orders of garnishment for fines or
				restitution by a federal court in a criminal case will be honored if the
				account is in pay status, i.e. if the member has terminated employment and
				requested a refund of contributions, or if a pension is payable. If the order
				is applied against a refund of member contributions, non-tax deferred
				contributions shall be paid before tax-deferred contributions.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 83 - JUDICIAL RETIREMENT › Part 700 - RETIREMENT › Section 2.83.700.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is authorized by Sections
				  10-12B-3 and
				  10-12B-8 NMSA
				  1978.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 83 - JUDICIAL RETIREMENT › Part 700 - RETIREMENT › Section 2.83.700.10 - PROCEDURE FOR RETIREMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				following procedure governs the process for retirement:
(1) The member shall request an application
				for retirement from PERA. To ensure that the member may retire on the date the
				member has chosen, the completed application should be returned to PERA, with
				the required documents described in Subsection B below, at least 60 days prior
				to the selected date of retirement. The completed application and all
				supporting documentation must be filed with PERA no later than the close of
				business on the last working day of the month prior to the selected date of
				retirement.
(2) PERA shall furnish
				the member an estimate of retirement pension payable within a reasonable time
				of receipt of the properly completed application and required
				documents.
(3) When the application
				is filed, PERA shall furnish the member's last judicial agency with an
				employer's certification of earnings form to be completed and returned to PERA.
				The final calculation of pension cannot be processed until PERA receives the
				properly completed employer's certification form.
(4) PERA will furnish the member a final
				calculation of retirement pension based on the information provided by the
				judicial agency.
(5) The completed
				application form must either include or be accompanied by a signed notarized
				statement of consent by the member's spouse to the survivor beneficiary elected
				by the member or an affidavit that the member is not married. An affidavit
				naming all former spouses must also accompany the final application
				form.
(6) Retirement will be
				effective on the first day of the month following:
a) the filing with PERA of the completed,
				signed application with all required documentation;
b) the member's qualifying for retirement
				based on service credit and age; and
c) the member's leaving office. An
				application will be deemed to be "filed" when received by PERA as evidenced by
				a writing on the application indicating the date of receipt by PERA.
(7) The retirement of the judge
				shall be submitted to the board for ratification at the next regular meeting
				following the effective date of retirement.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 83 - JUDICIAL RETIREMENT › Part 700 - RETIREMENT › Section 2.83.700.20 - BENEFIT PAYMENT

Current through Register Vol. 35, No. 13, July 16, 2024
The maximum annual benefit limits contained in Internal
				  Revenue Code Section 415(b), as amended and adjusted, are incorporated herein
				  by reference. Notwithstanding any other provision of the Judicial Retirement
				  Act and regulations, all benefits paid from the Judicial Retirement trust fund
				  shall be distributed in accordance with the requirements of Internal Revenue
				  Code Section 401(a)(9) and the regulations under that section. In order to meet
				  these requirements, the trust fund must be administered in accordance with the
				  following provisions:
A. The entire
				interest of the judge shall:
(1) be completely
				distributed to the judge not later than the required beginning date;
				or
(2) shall be distributed,
				beginning not later than the required beginning date, in accordance with
				internal revenue service regulations, over a period not extending beyond the
				life expectancy of the judge or the life expectancy of the judge and a
				designated beneficiary.