New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 80 - PUBLIC EMPLOYEES RETIREMENT › Part 100 - GENERAL PROVISIONS › Section 2.80.100.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
As used in the Public Employees Retirement Act:
A.
"Accumulated member
				contributions"
means amounts deducted from the salary of a member and
				credited to the member's individual account, together with interest if any,
				credited to that account; it also includes repaid withdrawn contributions not
				including interest paid thereon, or amounts paid to purchase service credit as
				allowed under the PERA Act.
B.
"Active duty"
for purposes of acquiring service credit under
				Section
				10-11-7
				NMSA 1978, as amended, for periods of active duty with uniformed service of the
				United States, means full-time duty in the active uniformed service of the
				United States, including full-time training duty, annual training duty, and
				attendance while in the active military service, at a school designated as a
				service school by law or by the secretary of the military department concerned.
				"Active duty" does not include full-time national guard duty, which is training
				or other duty performed by a member of the air or army national guard of a
				state or territory, for which the member is entitled to pay from the United
				States or for which the member has waived pay from the United States. "Active
				duty" includes duty in the full-time military service reserve components
				activated pursuant to a federal call to duty, deployment for a peacekeeping
				mission or other declared national emergency.
C.
"Adult correctional officer
				member"
means a person who is an adult correctional officer or an adult
				correctional officer specialist employed by the corrections department or its
				successor agency.
D.
"Adult
				probation and parole officer member"
means a person who is an adult
				probation and parole officer employed by the corrections department or its
				successor agency.
E.
"Another
				retirement program"
means retirement plans established by the Judicial
				Retirement Act, Magistrate Retirement Act, and the Educational Retirement
				Act.
F.
"Elected
				official"
means a person elected to a public office by registered
				voters, who is paid a salary; "elected official" includes a person who is
				appointed to fill an unexpired term of an elected public office, who is paid a
				salary.
G.
"Filed"
means that PERA has received the complete document as evidenced by a writing on
				the document indicating the date of receipt by PERA.
H.
"Fire member"
means any
				member who is employed as a firefighter by an affiliated public employer, is
				paid a salary and has taken the oath prescribed for firefighters. The term
				shall not include volunteer firefighters or any civilian employees of a fire
				department.
I.
"Juvenile
				correctional officer member"
means a member who is employed as a
				juvenile correctional officer by the children, youth and families department or
				its successor agency, but does not include any member who is a "police member"
				or a "fire member".
J.
"Juvenile probation and parole officer member"
means a person who
				is a juvenile probation and parole officer employed by the children, youth and
				families department or its successor agency.
K.
"Leave office"
means an
				elected official's successor has been duly elected or appointed and qualified
				for office, or upon the date of death of an elected official.
L.
"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.
M.
"Municipal detention officer"
means a member who is employed by an affiliated public employer other than the
				state who has inmate custodial responsibilities at a facility used for the
				confinement of persons charged or convicted of a violation of a law or
				ordinance. "Municipal detention officer" includes both juvenile and adult
				municipal detention officers.
N.
"Permissive service credit"
means service credit recognized by the
				retirement system for purposes of calculating a member's retirement benefit,
				which is available only by making a voluntary additional contribution which
				does not exceed the amount necessary to fund the benefit attributable to such
				service credit.
O.
"Police
				member"
means any member who is employed as a police officer by an
				affiliated public employer, who is paid a salary, and who has taken the oath
				prescribed for police officers. The term shall not include volunteers, juvenile
				correctional officer members, or employees who do not perform primarily police
				functions including, but not limited to jailers, cooks, matrons, radio
				operators, meter checkers, pound employees, crossing guards, police judges,
				park conservation officers, and game wardens. A member who is employed by an
				affiliated public employer as a police officer and as a non-police officer
				employee shall be regarded as a police member if more than fifty percent of the
				member's total salary is paid as a police officer.
P.
"Private retirement program"
for the purpose of exclusion from membership under Paragraph (5) of Subsection
				B of Section
				10-11-3
				NMSA 1978, means a retirement program of the affiliated public employer which
				meets the internal revenue service minimum standards regarding benefits as
				outlined in 26 C.F.R. Section 31.3121(b) (7) F of the Employment Tax
				Regulations and IRS Rev. Proc. 91-40.
Q.
"Reenlistment"
as used in
				Paragraph (3) of Subsection A of Section
				10-11-6
				NMSA 1978, means enlistment or voluntary entry into one of the armed services
				as either enlisted personnel or as a commissioned officer.
R.
"Retired member"
means a
				person who is being paid a normal, deferred or disability pension on account of
				that person's membership in the association. "Retired member" shall not include
				any persons receiving a pre-retirement survivor pension, post-retirement
				survivor pension, or reciprocity retirement pension where the payer system is
				not PERA, or any other person unless specifically included by definition as a
				"retired member".
S.
"Salary"
means the base salary or wages paid a member, including
				longevity pay, for personal services rendered to an affiliated public employer.
				"Salary" includes a member's fixed, periodical compensation from full or part
				time employment; shift differentials; and wages paid while absent from work on
				account of vacation, holiday, injury or illness, which means payment made by
				continuing the member on the regular payroll. "Salary" includes incentive pay
				that is not temporary and becomes part of member's base salary. "Salary" also
				includes temporary promotions, temporary salary increases, but no other
				temporary differentials. "Salary" shall not include overtime pay, unless the
				overtime payment is required for a regular scheduled tour of duty as set forth
				in Section 207 (k) of Title 29 of the United States code and is made on the
				regular payroll for the period represented by the payment. "Salary" for
				overtime pay required for a regular tour of duty does not include on-call or
				special events duty, or other duty performed by a member on a voluntary or ad
				hoc basis, which is temporary and does not become part of the member's base
				salary. "Salary" shall not include allowances for housing, clothing, equipment
				or travel, payments for unused sick leave, unless the unused sick leave payment
				is made through continuation of the member on the regular payroll for the
				period represented by that payment. "Salary" also shall not include lump sum
				payments which are not part of the member's fixed periodical compensation, such
				as lump sum annual and sick leave or occasional payments to elected officials
				for attending meetings, allowances for any purpose, employer contributions to a
				private retirement program, or other fringe benefits, even if they are paid to
				or for a member on a regular basis, and any other form of remuneration not
				specifically designated by law as included in salary for Public Employees
				Retirement Act purposes.
T.
"State legislator member"
means a person who is currently serving
				or who has served as a state legislator or lieutenant governor and who has
				elected to participate in a state legislator member coverage plan. A former
				legislator or former lieutenant governor may be a "state legislator member"
				whether or not currently receiving a pension under a state legislator member
				coverage plan.
U.
"State
				system"
means a retirement program provided for in the Public Employees
				Retirement Act, Magistrate Retirement Act, or Judicial Retirement
				Act.
V.
"Terminate
				employment"
means that a member has a complete break in service and an
				absolute cessation of employment with all affiliated public employers,
				including employment as an elected official, as evidenced by a personnel action
				form or other equivalent document, and the member is not reemployed by an
				affiliated public employer for 30 days; or upon the date of death of a
				member.