New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 80 - PUBLIC EMPLOYEES RETIREMENT › Part 200 - ORGANIZATION AND OPERATION OF THE PUBLIC EMPLOYEES RETIREMENT BOARD › Section 2.80.200.70 - ELECTION OF NON-RETIRED BOARD MEMBERS

Current through Register Vol. 35, No. 13, July 16, 2024
A. During the January monthly meeting, the
				retirement board shall adopt a resolution specifying when nominating petitions
				are due to be returned to PERA or an independent contractor hired by PERA to
				assist with the election. These nominating petitions are due not earlier than
				six months prior and not later than one month prior to the election for the
				position of non-retired board member. The resolution shall also specify whether
				the method of voting shall include mailed paper ballots, online electronic
				ballots or other method approved by the board.
(1) Except as provided in Paragraph (2) of
				this subsection, only non-retired, vested members under the Public Employees
				Retirement Act, Judicial Retirement Act or the Magistrate Retirement Act shall
				be eligible for election to a non-retired board member position. Only state
				members, including members under the Judicial Retirement Act or the Magistrate
				Retirement Act, may nominate state member candidates for state board member
				positions. Only county members may nominate county member candidates for the
				county board member position. Only non-county municipal members may nominate
				non-county municipal member candidates for the non-county municipal board
				member positions.
(2)
				Notwithstanding the provisions of Paragraph (1) of this subsection, a candidate
				shall be ineligible for election to a non-retired board member position if the
				candidate previously served on the board, representing any membership group,
				and during that previous tenure the candidate was:
(a) subject to three or more separate board
				resolutions of reprimand and censure; or
(b) removed from the board.
(3) To be eligible for inclusion
				on the ballot, a candidate must provide nominating petitions to PERA with a
				minimum of 150 valid nominations of non-retired PERA members from the
				candidate's membership group and the candidate shall otherwise be eligible as
				provided in this section for that board member position. A valid nomination
				shall include a signature, a legible printing of the member's name, the
				member's current employer and one of the following:
(a) the last four digits of the member's
				social security number;
(b) the
				member's date of birth; or
(c) the
				member's PERA identification number.
A nomination that does not include at least one of these
				  elements shall not be counted. For purposes of this subsection, "signature"
				  shall include an electronic signature, in any digital format, from a single
				  identifiable e-mail address. A member may sign more than one nominating
				  petition for different candidates.
(4) The five eligible candidates with the
				highest number of valid nominations for each non-retired position shall be
				included on the ballot and the other or others shall be eliminated. The names
				of the five non-retired members receiving the highest number of valid
				nominations for a position shall be placed on the election ballot in descending
				order according to the number of valid signatures received. In case of a
				nominating tie, the election committee may recommend to the board a method to
				determine the names and order and the board shall determine the names and order
				in which the eligible candidates subject to the nominating tie are placed on
				the ballot by lottery or similar method.
(5) In the event any nominee is unable or
				unwilling to accept the nomination, or is otherwise ineligible for the
				position, that nominee's name shall be removed from the ballot and the vacancy
				on the ballot shall not be filled. If a nominee who is unable or unwilling to
				accept a nomination or a nominee who is ineligible for election is included on
				the ballots, the election committee and board shall treat all votes cast for
				that candidate as void.
(6) If only
				one eligible member is nominated for a non-retired board member position, the
				election shall be cancelled and that member shall automatically be declared the
				winner for the non-retired board member position pursuant to
				2.80.200.80 NMAC.
(7) All members of record of the membership
				group for which the election is held shall be eligible to receive a ballot as
				provided in Paragraphs (8) and (9) of this subsection and members shall only be
				eligible to vote in those elections in which they are eligible to receive a
				ballot. The applicable membership group for any member who is no longer a
				currently employed, contributing employee of an affiliated public employer
				shall be determined as of the last date on which the member was a currently
				employed, contributing employee of an affiliated public employer.
(8) For purposes of the election of
				non-retired board members, "member of record" shall mean the following:
(a) all persons listed in PERA electronic
				membership history records as members, including members covered under the
				Public Employees Retirement Act, Judicial Retirement Act or the Magistrate
				Retirement Act, no more than 60 days prior to the date of mailing
				ballots;
(b) all persons who have
				filed with PERA a valid application for membership form 60 days or more prior
				to the date of mailing ballots;
(c)
				while members of record shall qualify to receive a ballot, in the case of those
				new members listed in Subparagraph (b) of Paragraph (8) of Subsection A of
				2.80.200.70 NMAC, a written request
				for a ballot must be made to PERA.
(9) For purposes of the election of
				non-retired board members:
(a) ballots shall
				be mailed to all non-county municipal members of record in the case of an
				election of a non-county municipal board position;
(b) ballots shall be mailed to all county
				municipal members of record in the case of an election of the county municipal
				board position; and
(c) ballots
				shall be mailed to all state members of record in the case of an election of a
				state board position.