reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 84 - MAGISTRATE RETIREMENT › Part 800 - SURVIVOR PENSION › Section 2.84.800.8 - PROCEDURE

Current through Register Vol. 35, No. 13, July 16, 2024
The procedure for payment of a 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 along with the following
				documents:
(1) A certified copy of the death
				certificate or other proof of death acceptable in a court of law;
(2) If the application is for a surviving
				spouse: copy of the marriage license or other proof of marital status
				acceptable in a court of law, and an affidavit of the surviving spouse that he
				or she and the deceased member were married at the time of death and stating
				whether there are any surviving minor children of the deceased;
(3) Proof of age of the surviving spouse,
				surviving minor children or other designated beneficiary or the proof of age
				for a beneficiary to a supplemental needs trust. Acceptable documents for proof
				of age shall be a birth certificate, a baptismal certificate, a copy of a life
				insurance policy, a certified copy of a voter registration issued over 10 years
				prior, or proof of age meeting a standard at least equivalent to that applied
				by the social security administration.
(4) Documents required under the Probate Code
				for payments to a minor if the application is on behalf of minor and dependent
				children.
(5) Affidavit that the
				applicant or beneficiary of a special needs trust is not married or otherwise
				emancipated if the applicant is a child of the deceased member or a
				supplemental needs trust formed for the benefit of a child of the deceased
				member.
(6) Copies of social
				security cards for all prospective payees.
(7) If the member has been divorced, the
				applicant shall provide PERA with complete endorsed copies of all court
				documents the association deems necessary to ascertain the marital status of
				the member at the time of death and whether any ex-spouse of the member is
				entitled to any portion of any benefits payable. Such documents shall include
				the final decrees and marital property settlements of all marriages during the
				member's covered employment as a magistrate. 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.
(8) a copy of the
				documents related to the formation of the supplemental needs trust, an
				affidavit from the trustee that the trust is formed as a supplemental needs
				trust as authorized by the federal Social Security Act and any additional
				information requested by the association if the application is on behalf of a
				supplemental needs trust.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 84 - MAGISTRATE RETIREMENT › Part 900 - GROUP INSURANCE CONTINUATION › Section 2.84.900.1 - 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 84 - MAGISTRATE RETIREMENT › Part 900 - GROUP INSURANCE CONTINUATION › Section 2.84.900.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule affects retired members who are not covered by the
				  Retiree Health Care Act and the association under the Magistrate Retirement
				  Act.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 84 - MAGISTRATE RETIREMENT › Part 900 - GROUP INSURANCE CONTINUATION › Section 2.84.900.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is authorized by NMSA 1978, Sections
				  10-12C-3
				  and
				  10-12C-15,
				  as amended.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 84 - MAGISTRATE RETIREMENT › Part 900 - GROUP INSURANCE CONTINUATION › Section 2.84.900.8 - GENERAL PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each
				retired member who desires to continue insurance coverage under the provisions
				of any state group insurance plan in effect at the time of retirement, is
				required to file with the association the appropriate documentation.
B. In the event a retired member desires to
				terminate his or her insurance coverage, written notification shall be
				submitted to PERA. Notification received after the fifteenth day of a calendar
				month shall not result in termination of coverage until the first day of the
				following month.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 84 - MAGISTRATE RETIREMENT › Part 1000 - APPEAL OF DENIAL OF CLAIM OF BENEFITS › Section 2.84.1000.1 - 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 84 - MAGISTRATE RETIREMENT › Part 1000 - APPEAL OF DENIAL OF CLAIM OF BENEFITS › Section 2.84.1000.2 - 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
				  Magistrate Retirement Act.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 84 - MAGISTRATE RETIREMENT › Part 1000 - APPEAL OF DENIAL OF CLAIM OF BENEFITS › Section 2.84.1000.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is authorized by NMSA 1978, Section
				  10-12C-3,
				  as amended.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 84 - MAGISTRATE RETIREMENT › Part 1000 - APPEAL OF DENIAL OF CLAIM OF BENEFITS › Section 2.84.1000.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 1992 unless a different date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 84 - MAGISTRATE RETIREMENT › Part 1000 - APPEAL OF DENIAL OF CLAIM OF BENEFITS › Section 2.84.1000.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to establish procedures and
				  requirements for appealing denials of claims for benefits.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 84 - MAGISTRATE RETIREMENT › Part 1000 - APPEAL OF DENIAL OF CLAIM OF BENEFITS › Section 2.84.1000.8 - GENERAL PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The provisions of 2.80.1500 NMAC shall govern the appeal of a
				  denial of a claim for benefits by a magistrate or retiree under the Magistrate
				  Retirement Act.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 84 - MAGISTRATE RETIREMENT › Part 1100 - RETIRED MEMBERS › Section 2.84.1100.1 - 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 84 - MAGISTRATE RETIREMENT › Part 1100 - RETIRED MEMBERS › Section 2.84.1100.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule affects the members, retirees, beneficiaries,
				  public employers, retirement board and the association under the Magistrate
				  Retirement Act (MRA).
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 84 - MAGISTRATE RETIREMENT › Part 1100 - RETIRED MEMBERS › Section 2.84.1100.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is authorized by Sections
				  10-12C-3
				  and
				  10-12C-17
				  NMSA 1978, as amended.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 84 - MAGISTRATE RETIREMENT › Part 1100 - RETIRED MEMBERS › Section 2.84.1100.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to establish standards and
				  procedures for the payment, suspension, and reinstatement of pensions of
				  retired members; to establish notification and reporting requirements for
				  post-retirement employment; and to establish conditions for retired members who
				  work for affiliated public employers as independent
				  contractors.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 84 - MAGISTRATE RETIREMENT › Part 1100 - RETIRED MEMBERS › Section 2.84.1100.10 - PAYMENT OF PENSION

Current through Register Vol. 35, No. 13, July 16, 2024
Pension payments will be processed or mailed monthly, not
				  later than the last day of the month for which they are paid.
A. A retired member may have the pension
				warrant mailed directly to any location specified in writing by the retired
				member; provided however, that after December 31, 1998, the provisions of
				Paragraph (4) of Subsection B of 2.84.700.10 NMAC shall apply. Arrangements
				providing for electronic transfer of pension payments to the retiree's banking
				institution are permitted so long as the retired member's right to receipt of
				the funds is not altered except as ordered by a court of competent
				jurisdiction.
B. In the event a
				retired member is incapacitated or unable to sign his or her pension warrant,
				proof that a guardian has been appointed for the retired member, or proof of
				appointment of a conservator for the estate, or a copy of a durable power of
				attorney for a third party shall be fled with PERA.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 84 - MAGISTRATE RETIREMENT › Part 1100 - RETIRED MEMBERS › Section 2.84.1100.20 - POST-RETIREMENT EMPLOYMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A.A member
				who retires must remain unemployed by an employer covered by any state system
				or the educational retirement system. This section does not apply to a retired
				member who:
(1) performs work for an employer
				covered by any state system or the educational retirement system as an
				independent contractor under a contract approved by PERA;
(2) is elected to serve a term as an elected
				official and fled an irrevocable exemption from membership in any state system
				with PERA within 30 days of taking office; or
(3) is appointed to serve as a magistrate
				judge pro tempore.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 84 - MAGISTRATE RETIREMENT › Part 1100 - RETIRED MEMBERS › Section 2.84.1100.30 - REINSTATEMENT OF PENSION

Current through Register Vol. 35, No. 13, July 16, 2024
When a retired member is subsequently employed by an
				  affiliated public employer, causing suspension of pension and resulting in
				  re-establishment of PERA membership, that person will be eligible to reinstate
				  his or her pension at the termination of the subsequent employment period under
				  the following conditions:
A. the
				retired member's subsequent employer shall provide PERA with a certificate, in
				the form prescribed by PERA, of the date of termination of
				employment;
B. the pension shall be
				reinstated effective the first day of the month following the month of
				termination;
C. unless the Public
				Employees Retirement Reciprocity Act applies, the amount of the reinstated
				pension shall be the same amount as the suspended pension.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 84 - MAGISTRATE RETIREMENT › Part 1100 - RETIRED MEMBERS › Section 2.84.1100.40 - INDEPENDENT CONTRACTORS

Current through Register Vol. 35, No. 13, July 16, 2024
If a retired member contracts to perform work for any public
				  employer, the following conditions shall apply:
A. Post-retirement employment contracts with
				public employers must be submitted to PERA at least 15 working days prior to
				the effective date of the contract. PERA shall evaluate the contract to
				determine whether, under the terms of the contract, the retired member is an
				"employee" or an "independent contractor". In making this determination, PERA
				shall refer to the common-law control test guidelines as expressed in the
				social security handbook published by the U.S. department of health and human
				services, as revised and amended. If PERA determines the retired member is
				actually an "employee" rather than an "independent contractor" under the terms
				of the contract, the retired member's pension will be suspended immediately. If
				the retired member disagrees with PERA's determination, the retired member may
				appeal PERA's decision pursuant to 2.84.1000 NMAC.
B. Renewals, amendments or modifications of
				previously approved post-retirement contracts shall also be submitted to PERA
				for evaluation 15 working days prior to their effective date. The provisions of
				this section will apply to such renewals, amendments or
				modifications.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 84 - MAGISTRATE RETIREMENT › Part 1200 - REMITTANCE OF CONTRIBUTIONS › Section 2.84.1200.1 - 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 84 - MAGISTRATE RETIREMENT › Part 1200 - REMITTANCE OF CONTRIBUTIONS › Section 2.84.1200.2 - 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 Magistrate Retirement Act.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 84 - MAGISTRATE RETIREMENT › Part 1200 - REMITTANCE OF CONTRIBUTIONS › Section 2.84.1200.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is authorized by NMSA 1978, Section
				  10-12C-3,
				  as amended.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 84 - MAGISTRATE RETIREMENT › Part 1300 - CORRECTION OF ERRORS AND OMISSIONS › Section 2.84.1300.1 - 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 84 - MAGISTRATE RETIREMENT › Part 1300 - CORRECTION OF ERRORS AND OMISSIONS › Section 2.84.1300.2 - 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 Magistrate Retirement Act.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 84 - MAGISTRATE RETIREMENT › Part 1300 - CORRECTION OF ERRORS AND OMISSIONS › Section 2.84.1300.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is authorized by NMSA 1978, Sections
				  10-12C-3
				  and
				  10-12C-18,
				  as amended.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 84 - MAGISTRATE RETIREMENT › Part 1300 - CORRECTION OF ERRORS AND OMISSIONS › Section 2.84.1300.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 15, 1995 unless a different date is cited at the end
				  of a section.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 84 - MAGISTRATE RETIREMENT › Part 1300 - CORRECTION OF ERRORS AND OMISSIONS › Section 2.84.1300.8 - GENERAL PROVISIONS

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 85 - DEFERRED COMPENSATION › Part 100 - GENERAL PROVISIONS › Section 2.85.100.8 - GENERAL PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Unforeseeable emergency withdrawal applications. The deferred compensation
				third party administrator shall handle the processing of unforeseeable
				emergency withdrawal applications including, but not limited to:
(1) sending out withdrawal
				applications;
(2) answering
				questions on the process and rules;
(3) reviewing applications for completeness
				and compliance;
(4) making
				decisions concerning whether or not withdrawal applications are
				approved;
(5) sending appropriate
				notices to participants (approved or denied);
(6) sending detailed denial letters
				explaining specific reason(s) why application was denied and instructions for
				reapplication and notice of the right to appeal, if any.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 85 - DEFERRED COMPENSATION › Part 100 - GENERAL PROVISIONS › Section 2.85.100.9 - ADOPTION OF PLAN

Current through Register Vol. 35, No. 13, July 16, 2024
In accordance with the Deferred Compensation Act, the board
				  shall adopt and amend a deferred compensation plan. The plan shall comply with
				  the requirements of Internal Revenue Code Section 457, as amended, and may be
				  amended to include provisions that allow for trustee-to-trustee transfers and
				  rollovers into and out of the plan.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 85 - DEFERRED COMPENSATION › Part 200 - DIVISION OF DEFERRED COMPENSATION ACCOUNTS AT DIVORCE › Section 2.85.200.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Public Employees Retirement Association, P.O. Box 2123, Santa
				  Fe, New Mexico 87503-2123
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 85 - DEFERRED COMPENSATION › Part 200 - DIVISION OF DEFERRED COMPENSATION ACCOUNTS AT DIVORCE › Section 2.85.200.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule affects participants, ex-spouses of participants,
				  former participants, ex-spouses of former participants, and the deferred
				  compensation third party administrator under the Deferred Compensation
				  Act.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 85 - DEFERRED COMPENSATION › Part 200 - DIVISION OF DEFERRED COMPENSATION ACCOUNTS AT DIVORCE › Section 2.85.200.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is authorized by NMSA 1978, Sections
				  10-7A-11
				  and
				  10-7A-12.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 85 - DEFERRED COMPENSATION › Part 200 - DIVISION OF DEFERRED COMPENSATION ACCOUNTS AT DIVORCE › Section 2.85.200.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 1991 unless a different date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 85 - DEFERRED COMPENSATION › Part 200 - DIVISION OF DEFERRED COMPENSATION ACCOUNTS AT DIVORCE › Section 2.85.200.6 - 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 deferred compensation
				  plans.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 85 - DEFERRED COMPENSATION › Part 200 - DIVISION OF DEFERRED COMPENSATION ACCOUNTS AT DIVORCE › Section 2.85.200.8 - GENERAL PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Funds
				from a deferred compensation account may be paid to an alternate payee upon
				submission of a domestic relations order that conforms to the requirements of
				this rule and the deferred compensation plan. Funds may also be paid as a
				result of an approved unforeseen emergency as defined in 26 C.F.R. Section
				1.457 - 2(h)(4). Divorce is not an unforeseeable emergency.
B. A conformed copy of a plan-approved
				domestic relations court order which determines the community interest in or
				child support obligation from a participating employee's state of New Mexico
				deferred compensation plan ["plan"] and assigns a separate interest to the
				participating employee's spouse, former spouse, child or other dependent shall
				be provided to the deferred compensation third party administrator
				["administrator"] within a reasonable time after entry of the order.
C. The following information must be
				contained in the domestic relations order:
(1)
				the name, social security number and last known mailing address of the
				participating employee and the alternate payee;
(2) the amount or percentage of the
				participating employee's benefit to be paid to the alternate payee, or the
				manner in which such amount is to be determined;
(3) the relationship of the alternate payee
				to the participating employee;
(4)
				the number of payments or the period to which the domestic relations order
				applies;
(5) the specific name of
				each plan covered by the domestic relations order;
(6) all required signatures must be signed by
				the court.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 85 - DEFERRED COMPENSATION › Part 300 - DISTRIBUTION › Section 2.85.300.1 - 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 85 - DEFERRED COMPENSATION › Part 300 - DISTRIBUTION › Section 2.85.300.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule affects participants, former participants,
				  beneficiaries, and the deferred compensation third party administrator under
				  the Deferred Compensation Act.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 85 - DEFERRED COMPENSATION › Part 300 - DISTRIBUTION › Section 2.85.300.8 - GENERAL PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A participant shall make a distribution election or
				  determination as provided for in the deferred compensation plan and as allowed
				  by in the Internal Revenue Code, Section 457, as amended. The election shall be
				  filed with the deferred compensation third party administrator by the
				  participant.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 85 - DEFERRED COMPENSATION › Part 400 - PARTICIPATION › Section 2.85.400.1 - 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 85 - DEFERRED COMPENSATION › Part 400 - PARTICIPATION › Section 2.85.400.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule affects participants, former participants, local
				  public bodies, the retirement board and the deferred compensation administrator
				  under the Deferred Compensation Act.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 85 - DEFERRED COMPENSATION › Part 400 - PARTICIPATION › Section 2.85.400.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is authorized by NMSA 1978, Sections
				  10-7A-8
				  and
				  10-7A-11,
				  as amended.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 85 - DEFERRED COMPENSATION › Part 400 - PARTICIPATION › Section 2.85.400.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to set forth standards and
				  procedures for establishing and terminating local public employee participation
				  in the deferred compensation plan.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 85 - DEFERRED COMPENSATION › Part 400 - PARTICIPATION › Section 2.85.400.8 - GENERAL PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A local
				public body electing to participate in the deferred compensation plan shall
				file an agreement, in a form acceptable to the board, with the deferred
				compensation administrator and the board within fifteen (15) working days of
				approval by the governing authority of the local public body. Such agreement
				shall state the local public body agrees to be bound by the association's
				deferred compensation rules and regulations and that it shall remain in effect
				not less than two years from its effective date participation. A model notice
				of participation shall be available upon request from the deferred compensation
				administrator.
B. A local public
				body electing to terminate participation in the deferred compensation plan
				shall file a certified copy of its written notice of termination with the
				deferred compensation administrator and the board within fifteen (15) working
				days of approval by the governing body of the local public body. A model notice
				of termination shall be available upon request from the deferred compensation
				administrator. A local body may terminate its participation in the deferred
				compensation plan not less than two years after the date its participation
				became effective.
C. A local public
				body electing to participate in the deferred compensation plan shall submit
				payment data and contributions electronically. The third party administrator
				shall assist the local public body on the selection of a method for electronic
				submission for the local public body and provide specific submission
				requirements.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 86 - PUBLIC EMPLOYEES RETIREMENT RECIPROCITY › Part 200 - SERVICE CREDIT › Section 2.86.200.1 - 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 86 - PUBLIC EMPLOYEES RETIREMENT RECIPROCITY › Part 200 - SERVICE CREDIT › Section 2.86.200.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule affects the affiliated public employers and
				  employees under the coverage plans of the Public Employees Retirement Act, the
				  educational retirement association, the educational retirement board and the
				  public employees retirement board.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 86 - PUBLIC EMPLOYEES RETIREMENT RECIPROCITY › Part 200 - SERVICE CREDIT › Section 2.86.200.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is authorized by NMSA 1978, Section
				  10-13A-3,
				  as amended.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 86 - PUBLIC EMPLOYEES RETIREMENT RECIPROCITY › Part 200 - SERVICE CREDIT › Section 2.86.200.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to establish standards and
				  procedures to reinstate forfeited service credit by repayment of withdrawn
				  member contributions.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 86 - PUBLIC EMPLOYEES RETIREMENT RECIPROCITY › Part 200 - SERVICE CREDIT › Section 2.86.200.8 - GENERAL PROVISION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Forfeited service credit may be reinstated by repayment of withdrawn member
				contributions, together with interest at the rate set by the board from the
				date of withdrawal to the date of repayment, 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. 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 at the rate set by
				the board from the date of withdrawal to the date of repayment.
(3) 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 may include a current pay stub, certification by the employer, in the
				form prescribed by the association, or certification by the educational
				retirement association (ERA).
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 86 - PUBLIC EMPLOYEES RETIREMENT RECIPROCITY › Part 300 - NORMAL RETIREMENT › Section 2.86.300.1 - 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 86 - PUBLIC EMPLOYEES RETIREMENT RECIPROCITY › Part 300 - NORMAL RETIREMENT › Section 2.86.300.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule affects the affiliated public employers and
				  employees under the coverage plans of the Public Employees Retirement Act, the
				  educational retirement association, the educational retirement board and the
				  public employees retirement board.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 86 - PUBLIC EMPLOYEES RETIREMENT RECIPROCITY › Part 300 - NORMAL RETIREMENT › Section 2.86.300.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is authorized by NMSA 1978, Section
				  10-13A-4,
				  as amended.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 86 - PUBLIC EMPLOYEES RETIREMENT RECIPROCITY › Part 300 - NORMAL RETIREMENT › Section 2.86.300.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to establish standards and
				  procedures to allow members who have accrued eligible reciprocal service credit
				  to retire and obtain the aggregate of all pension components.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 86 - PUBLIC EMPLOYEES RETIREMENT RECIPROCITY › Part 300 - NORMAL RETIREMENT › Section 2.86.300.8 - GENERAL PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				Public Employees Retirement Reciprocity Act applies only to normal retirement
				pensions, and not to disability retirement or survivor pensions.
B. Members with eligible reciprocal service
				credit shall retire according to the provisions of the state system retirement
				act under which the member's last employer is covered, and rules promulgated
				thereunder.
C. For the purpose of
				compliance with NMSA 1978, Section 10-13A-4(D) (1) (C), the PERA final average
				salary shall be the amount of pension calculated under form of payment
				A.
D. If the total amount of the
				pension calculated under the provisions of the Public Employees Retirement
				Reciprocity Act exceeds the amount allowed under NMSA 1978, Section
				10-13A-4(D)(1), each component of the pension shall be reduced by the same
				percentage as the ratio of that component to the total amount of the
				pension.
E. Pursuant to NMSA 1978,
				Section 10-13A-4(E), the payor fund shall be reimbursed on a monthly basis by
				any or all state systems under which the member has accrued eligible reciprocal
				service credit. If a state system must reimburse a payor fund on behalf of more
				than one member, the amount of reimbursement shall be the aggregate of all
				pension components attributable to eligible reciprocal service credit accrued
				by each member under that state system. Payment shall be made in the form
				authorized by the department of finance and administration.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 87 - VOLUNTEER FIREFIGHTERS › Part 100 - GENERAL PROVISIONS › Section 2.87.100.1 - 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 87 - VOLUNTEER FIREFIGHTERS › Part 100 - GENERAL PROVISIONS › Section 2.87.100.6 - 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 Volunteer
				  Firefighters Retirement Act.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 87 - VOLUNTEER FIREFIGHTERS › Part 100 - GENERAL PROVISIONS › Section 2.87.100.10 - GENERAL PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				chief of each fire department shall file an executed member enrollment form for
				each new volunteer firefighter member within 30 days after the firefighter
				joins the department.
B. Service
				shall be credited by calendar year.
C. In order to post service credit for any
				member, the chief of each fire department shall electronically report those
				members who met and those who did not meet the minimum qualifications for
				service credit through the PERA website, and shall submit an annual reporting
				form, as prescribed by the association, which acknowledges the truth of the
				reporting under oath before a notary public no later than March 31 of the year
				following the year for which service credit is to be credited.
D. The failure to timely provide these
				records to PERA shall result in the loss of the member's service credit for the
				preceding calendar year.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 87 - VOLUNTEER FIREFIGHTERS › Part 100 - GENERAL PROVISIONS › Section 2.87.100.11 - APPEAL OF DENIAL OF CLAIM OF BENEFITS

Current through Register Vol. 35, No. 13, July 16, 2024
The denial of any claim for volunteer firefighters
				  retirement benefits may be appealed by a claimant. Appeals shall follow the
				  procedures set forth in 2.80.1500 NMAC.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 87 - VOLUNTEER FIREFIGHTERS › Part 100 - GENERAL PROVISIONS › Section 2.87.100.20 - SERVICE CREDIT FOR PRIOR CALENDAR YEARS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Service shall be credited by calendar
				year.
B. In order to post or adjust
				service credit for any member for not more than the two preceding calendar
				years the member must file with the association the following completed
				records:
(1) membership enrollment
				form;
(2) "corrected qualification
				record" or "adjusted qualification record" as prescribed by the
				association;
(3) adjusted
				qualification record executed under oath before a notary public.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 91 - GRANTS › Part 2 - REVIEW AND SELECTION OF COLONIAS INFRASTRUCTURE PROJECTS › Section 2.91.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All persons or entities applying for financial assistance
				  under the colonias infrastructure project fund administered by the New Mexico
				  finance authority, NMSA 1978,
				  6-30-6 and NMSA
				  1978,
				  6-30-8.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 91 - GRANTS › Part 2 - REVIEW AND SELECTION OF COLONIAS INFRASTRUCTURE PROJECTS › Section 2.91.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978,
				  6-30-6 and NMSA
				  1978,
				  6-30-8.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 91 - GRANTS › Part 2 - REVIEW AND SELECTION OF COLONIAS INFRASTRUCTURE PROJECTS › Section 2.91.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
February 15, 2012, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 91 - GRANTS › Part 2 - REVIEW AND SELECTION OF COLONIAS INFRASTRUCTURE PROJECTS › Section 2.91.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Section
				6-30-5, NMSA 1978
				provides that the New Mexico colonias infrastructure board is required to adopt
				rules governing the acceptance, evaluation and prioritization of applications
				by qualified entities for financial assistance from the colonias infrastructure
				project fund; authorizes the board to prioritize the qualified projects for
				financial assistance; and authorizes the board to recommend the prioritized
				qualified projects to the New Mexico finance authority for financial
				assistance.
B. Section
				6-30-3, NMSA 1978,
				provides that a qualified project eligible for consideration for financial
				assistance by the board shall be a capital outlay project which may include a
				water system, a wastewater system, solid waste disposal facilities, flood and
				drainage control, roads or housing infrastructure, but does not include general
				operation and maintenance, equipment, housing allowance payments or mortgage
				subsidies. The purpose of these rules is to set forth the intent of the board
				and to outline, in general terms, the criteria and procedures to be used in
				evaluating, prioritizing and funding qualified projects from the colonias
				infrastructure project fund.
C.
				Section
				6-30-6, NMSA
				1978, provides that the authority shall provide staff support for the colonias
				infrastructure board; administer the colonias infrastructure project fund; at
				the direction of the board, process, review and evaluate applications for
				financial assistance received from qualified entities; and at the direction of
				the board, administer qualified projects that receive financial
				assistance.
D. Section
				6-30-8,
				NMSA 1978, provides that the authority may adopt separate procedures and rules
				to administer the colonias infrastructure project fund, originate grants or
				loans for qualified projects recommended by the board; recover from the
				colonias infrastructure project fund the costs of administering the fund and
				originating the grants and loans; and govern the process through which
				qualified entities may apply for financial assistance from the colonias
				infrastructure project fund.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 91 - GRANTS › Part 2 - REVIEW AND SELECTION OF COLONIAS INFRASTRUCTURE PROJECTS › Section 2.91.2.8 - ELIGIBILITY: PRIORITIZATION OF COLONIAS INFRASTRUCTURE PROJECTS

Current through Register Vol. 35, No. 13, July 16, 2024
The board will develop and consider a variety of factors in
				  reviewing and evaluating colonias infrastructure project proposals to determine
				  which colonias infrastructure projects to recommend to the authority as
				  qualified projects for financial assistance from the colonias infrastructure
				  project fund. The board shall give priority to projects that have urgent needs
				  that ensure adequate financial resources for infrastructure development for
				  colonia recognized communities, that provide for the planning and development
				  of infrastructure in an efficient and cost-effective manner, and that develop
				  infrastructure projects to improve quality of life and encourage economic
				  development. The board shall seek to identify opportunities to leverage federal
				  and other funding. The board shall establish policies for prioritization of
				  colonias infrastructure projects.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 91 - GRANTS › Part 2 - REVIEW AND SELECTION OF COLONIAS INFRASTRUCTURE PROJECTS › Section 2.91.2.9 - COLONIAS INFRASTRUCTURE PROJECT PROPOSAL, REVIEW, PRIORITIZATION AND APPROVAL PROCESS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The board
				and the authority will administer an outreach program to notify qualified
				entities that colonias infrastructure project proposals are being accepted to
				identify colonias infrastructure projects for review by the project review
				committee and the board for prioritization and recommendation for funding to
				the authority as qualified projects.
B. The authority will provide forms and
				guidelines for colonias infrastructure project proposals and applications for
				financial assistance.
C. The
				authority staff will complete an initial evaluation of the application for
				financial assistance and colonias infrastructure project proposals promptly
				following receipt. Such evaluation will include, to the extent applicable, an
				evaluation of colonias infrastructure project feasibility, administrative
				capacity of the qualified entity, financial position, debt management and
				economic and demographic factors. The authority may rely upon the advice of an
				interdisciplinary team in evaluating colonias infrastructure project proposals
				and applications for financial assistance.
D. The authority staff will forward all
				completed colonias infrastructure project proposals and the initial evaluation
				of applications for financial assistance and colonias infrastructure project
				proposals to the project review committee. The project review committee will
				consider the proposed colonias infrastructure project and may confer with
				outside parties, including any local interdisciplinary teams familiar with the
				proposed colonias infrastructure project, as necessary to obtain more
				information on the feasibility, merit, and cost of the proposed colonias
				infrastructure project. The project review committee will make a recommendation
				to the board on each colonias infrastructure project proposal.
E. Upon the recommendation of the project
				review committee, the board will prioritize the proposed colonias
				infrastructure projects for recommendation to the authority for
				funding.
F. After completion of the
				review process by the project review committee and the board and receipt of a
				favorable recommendation on the colonias infrastructure project proposal, the
				prioritized colonias infrastructure projects will be recommended by the board
				to the authority for funding as qualified projects to the extent of the
				available moneys in the colonias infrastructure project fund.
G. At least annually, the board will
				recommend to the authority a list of qualified projects recommended for
				funding. The authority will provide financial assistance for qualified projects
				as recommended by the board under policies jointly established by the board and
				authority.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 91 - GRANTS › Part 2 - REVIEW AND SELECTION OF COLONIAS INFRASTRUCTURE PROJECTS › Section 2.91.2.10 - COLONIAS INFRASTRUCTURE QUALIFIED PROJECTS AND ELIGIBLE COSTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The board may
				authorize the authority to provide financial assistance from the colonias
				infrastructure project fund to qualified entities only for qualified colonias
				infrastructure projects as provided by Section
				6-30-3 and Section
				6-30-5, NMSA
				1978.
B. Financial assistance from
				the colonias infrastructure project fund shall be made only for eligible items,
				which include:
(1) planning, designing,
				construction, improving or expanding a qualified project;
(2) developing engineering feasibility
				reports for qualified projects;
(3)
				inspecting construction of qualified projects;
(4) providing professional
				services;
(5) completing
				environmental assessments or archeological clearances and other surveys for
				qualified projects;
(6) acquiring
				land, water rights, easements or rights of way; and
(7) paying legal costs and fiscal agent fees
				associated with development of qualified projects, within limits set by the
				board.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 91 - GRANTS › Part 2 - REVIEW AND SELECTION OF COLONIAS INFRASTRUCTURE PROJECTS › Section 2.91.2.11 - QUALIFIED PROJECT FINANCING

Current through Register Vol. 35, No. 13, July 16, 2024
The authority may recommend structured financial assistance
				  packages that include loans, grants and any other type of assistance authorized
				  by the authority . The structure, terms and conditions of the financial
				  assistance will be determined by the authority in accordance with the policies
				  jointly established by the board and the authority. Any variance from the
				  policies in connection with financial assistance for any qualified project
				  shall be approved by the authority . Financial assistance for qualified
				  projects may be pooled, at the sole discretion of the authority, under policies
				  jointly established by the board and authority.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 91 - GRANTS › Part 2 - REVIEW AND SELECTION OF COLONIAS INFRASTRUCTURE PROJECTS › Section 2.91.2.12 - FINANCING APPROVAL REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Based on the priority and evaluation factors set forth in
				  Sections 8, 9, and 10, the board may recommend to the authority approval of the
				  qualified project for financial assistance.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 91 - GRANTS › Part 2 - REVIEW AND SELECTION OF COLONIAS INFRASTRUCTURE PROJECTS › Section 2.91.2.13 - RECONSIDERATION OF BOARD DECISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Any applicant or qualified entity affected by a decision of
				  the board may request reconsideration of the decision of the board by notifying
				  the board in writing within 15 days following the meeting at which the decision
				  was made. Notice of a decision made in an open meeting of the board is deemed
				  to be given on the date of the meeting, and the time for notification of a
				  request for reconsideration shall run from that date, regardless whether any
				  written notice of the decision is given by the board. A request for
				  reconsideration shall state with particularity the grounds for reconsideration,
				  including any factual or legal matter on which the applicant or qualified
				  entity believes that there was an error by the board. Upon receiving a timely
				  and proper request for reconsideration, the chairman of the board will set the
				  matter for reconsideration at the board's next regularly scheduled meeting or
				  at a special meeting called for the purpose, at the chairman's discretion. Upon
				  reconsideration by the board, the board will notify the applicant or qualified
				  entity of the board's decision, in writing, within five working days of the
				  decision. The decision of the board on reconsideration is final. A request for
				  reconsideration not timely or properly made will not be considered by the
				  board.