reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 81 - RETIREE HEALTH CARE FUNDS › Part 10 - POST-1997 PARTICIPATING EMPLOYER/EMPLOYEE CONTRIBUTIONS RULE › Section 2.81.10.9 - EMPLOYER/EMPLOYEE CONTRIBUTIONS (MADE IN ADDITION TO SURPLUS-AMOUNT CONTRIBUTIONS)

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to surplus-amount contributions, post-1997
				  participating employers are responsible for making employer/employee
				  contributions in the amount determined by the NMRHCA board. Post-1997
				  participating employer/employee monthly contributions shall be the greater of
				  the following:
A. employer
				contributions in the amount of one percent of each participating employee's
				annual salary and employee contributions in an amount equal to one-half of one
				percent of the each employee's salary; or
B. the average monthly employer/employee
				contribution per participating employee received by the NMRHCA during the
				previous fiscal year multiplied by the NMRHCA ratio of contributing employees
				vs. eligible retirees during the previous fiscal year multiplied by the
				post-1997 participating employer's current number of retirees;
example:
Employer Red has 10 retirees, the average monthly
				combined employer and employee contributions received by the NMRHCA per retiree
				for the previous fiscal year is $35.00; the NMRHCA ratio of contributing
				employees vs. eligible retirees for the previous fiscal year is 5:1; Employer
				Red must make a monthly combined employer/employee contribution of $175.00
				($35.00 x 5) multiplied by the total number of Employer Red's retirees (10) for
				a total monthly combined contribution of $1,750.00;
(1) the NMRHCA shall calculate its average
				monthly employer/employee contribution per retiree on an annual basis and make
				the amount public by July 30th of each year or as soon as possible;
(2) the NMRHCA shall calculate the current
				NMRHCA ratio of contributing employees vs. eligible retirees on an annual basis
				and make the ratio information public by July 30th of each year or as soon as
				possible;
(3) the number of each
				post-1997 participating employer's current retirees and employees shall be
				updated monthly;
(4) the post-1997
				participating employer can determine the percentage of the combined
				employer/employees contribution to be paid by its employees, provided that the
				employees' percentage does not exceed one-third of the total amount.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 81 - RETIREE HEALTH CARE FUNDS › Part 10 - POST-1997 PARTICIPATING EMPLOYER/EMPLOYEE CONTRIBUTIONS RULE › Section 2.81.10.10 - SURVIVING SPOUSE

Current through Register Vol. 35, No. 13, July 16, 2024
Surviving spouses are counted as eligible retirees for
				  purposes of determining post-1997 participating employers' employee/eligible
				  retiree ration.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 81 - RETIREE HEALTH CARE FUNDS › Part 10 - POST-1997 PARTICIPATING EMPLOYER/EMPLOYEE CONTRIBUTIONS RULE › Section 2.81.10.11 - POST-1997 PARTICIPATING EMPLOYER/EMPLOYEES CONTRIBUTIONS START DATE

Current through Register Vol. 35, No. 13, July 16, 2024
Post-1997 participating employers shall begin making their
				  surplus-amount contribution and their employer/employee contributions on the
				  July 1 immediately following the board's acceptance of the employer as a NMRHCA
				  participating employer.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 81 - RETIREE HEALTH CARE FUNDS › Part 10 - POST-1997 PARTICIPATING EMPLOYER/EMPLOYEE CONTRIBUTIONS RULE › Section 2.81.10.12 - ESTIMATES AND ADJUSTMENTS OF SURPLUS-AMOUNT CONTRIBUTIONS AND EMPLOYER/EMPLOYEE CONTRIBUTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
If complete statistics are not available at the time of
				  calculating surplus-amount contributions and employer/employee contributions,
				  the NMRHCA may use the available estimated figures to calculate the fees and
				  contributions. When the complete statistics are provided to the NMRHCA, the
				  NMRHCA shall promptly make any necessary adjustments to the surplus-amount
				  contributions and employer/employee contributions.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 81 - RETIREE HEALTH CARE FUNDS › Part 10 - POST-1997 PARTICIPATING EMPLOYER/EMPLOYEE CONTRIBUTIONS RULE › Section 2.81.10.13 - EMPLOYER'S OBLIGATION AND RIGHT TO AUDIT

Current through Register Vol. 35, No. 13, July 16, 2024
All post-1997 participating employers are obligated to
				  cooperate fully with the NMRHCA in providing timely, complete and accurate
				  information regarding employer's employees, retirees and dependents. The NMRHCA
				  has the right to conduct a full audit of all participating employer's with
				  respect to any and all information the NMRHCA deems necessary to administer the
				  NMRHCA plans and programs.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 81 - RETIREE HEALTH CARE FUNDS › Part 11 - ESTABLISHING SUBSIDY LEVELS ON THE BASIS OF YEARS OF CREDITABLE SERVICE › Section 2.81.11.1 - ISSUING AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Retiree HealthCare Authority
				  ("NMRHCA")
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 81 - RETIREE HEALTH CARE FUNDS › Part 11 - ESTABLISHING SUBSIDY LEVELS ON THE BASIS OF YEARS OF CREDITABLE SERVICE › Section 2.81.11.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to eligible retirees of
				  NMRHCA-participating employers who become eligible on or after July 1, 2001,
				  and to the dependents of such retirees.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 81 - RETIREE HEALTH CARE FUNDS › Part 11 - ESTABLISHING SUBSIDY LEVELS ON THE BASIS OF YEARS OF CREDITABLE SERVICE › Section 2.81.11.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is promulgated pursuant to the Retiree Health Care
				  Act ("Act"), Sections
				  10-7C-1 et
				  seq. NMSA 1978, as amended.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 81 - RETIREE HEALTH CARE FUNDS › Part 11 - ESTABLISHING SUBSIDY LEVELS ON THE BASIS OF YEARS OF CREDITABLE SERVICE › Section 2.81.11.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
February 14, 2002 unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 81 - RETIREE HEALTH CARE FUNDS › Part 11 - ESTABLISHING SUBSIDY LEVELS ON THE BASIS OF YEARS OF CREDITABLE SERVICE › Section 2.81.11.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to establish subsidy levels
				  commensurate with a retiree's years of credited service with a participating
				  employer for employees who become eligible for enrollment into the NMRHCA
				  health care program on or after July 1, 2001, and their dependents, and subject
				  to a minimum retiree age for employees who become eligible for enrollment into
				  the NMRHCA health care program on or after July 31, 2021.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 81 - RETIREE HEALTH CARE FUNDS › Part 11 - ESTABLISHING SUBSIDY LEVELS ON THE BASIS OF YEARS OF CREDITABLE SERVICE › Section 2.81.11.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Board"
means, the board of directors of the NMRCHA.
B.
"Credited service"
means the
				number of full years of employment with a participating employer as verified by
				the authority.
C.
"Disabled
				retiree"
means an eligible retiree who has been authorized to retire due
				to disability by the appropriate state retirement agency.
D.
"Member of an enhanced retirement
				plan"
means a member of a retirement plan as defined by Section
				10-7C-15
				NMSA 1978.
E.
"Retiree health
				care authority" or "authority" or "NMRHCA"
means, the retiree health
				care authority established by chapter 6 laws of New Mexico, 1990 (Sections
				10-7C-1
et seq
., NMSA 1978).
F.
"State retirement agency"
means each of the agencies created and authorized by law to administer the
				educational retirement act, the public employees retirement act, the judicial
				retirement act, the magistrate retirement act, the public employees retirement
				reciprocity act, or the retirement program of an independent public employer on
				or before July 1, 1990.
G.
"Subsidy"
means a set portion of the cost of an eligible retiree's
				monthly coverage, a varying percentage of which is borne by the authority as
				determined by the board.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 81 - RETIREE HEALTH CARE FUNDS › Part 11 - ESTABLISHING SUBSIDY LEVELS ON THE BASIS OF YEARS OF CREDITABLE SERVICE › Section 2.81.11.8 - NMRHCA CONTRIBUTION OF A PERCENTAGE OF A SUBSIDY TO MONTHLY PREMIUMS OF ELIGIBLE RETIREES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Except
				as otherwise provided in
				2.81.11.9
				NMAC, for eligible retirees who are members of an enhanced retirement plan and
				become eligible for participation on or after July 1, 2001, or are not members
				of an enhanced retirement plan and become eligible for participation on or
				after July 1, 2001 but before July 31, 2021, and the eligible dependents of
				such retirees, the NMRHCA will contribute the following percentages of the
				subsidy to the monthly premiums according to the corresponding numbers of years
				of credited service with an NMRHCA-participating employer:
(1) Example: If the subsidy for a particular
				plan is one half the premium cost, then for a retiree with 20 years of credited
				service the NMRHCA would provide one hundred percent of the subsidy; half the
				cost.
(2) Example: For the same
				subsidy of one half the premium cost, the percent of subsidy for a retiree with
				eight years of credited service would be twenty-five percent of the fifty
				percent subsidy: twelve and one-half percent of the cost.
Years of credited service
Percentage of subsidy
5
6.25
6
12.50
7
18.75
8
25.00
9
31.25
10
37.50
11
43.75
12
50.00
13
56.25
14
62.50
15
68.75
16
75.00
17
81.25
18
87.50
19
93.75
20
100.00
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 81 - RETIREE HEALTH CARE FUNDS › Part 11 - ESTABLISHING SUBSIDY LEVELS ON THE BASIS OF YEARS OF CREDITABLE SERVICE › Section 2.81.11.9 - SUBSIDIES FOR DISABLED RETIREES

Current through Register Vol. 35, No. 13, July 16, 2024
Notwithstanding any other provision of this rule:
A. The subsidy paid by the NMRHCA for a
				disabled retiree with a "duty disability," as described in Subsection B of
				2.81.7.10
				NMAC, and to the dependents of such a retiree, shall be at the one hundred
				percent level, corresponding to the applicable maximum year level set forth in
				2.81.11.8
				NMAC, regardless of such retiree's period of credited service and
				age.
B. The subsidy paid by the
				NMRHCA for a disabled retiree with a "non-duty disability," as described in
				Subsection C of
				2.81.7.10
				NMAC, and to the dependents of such a retiree, shall be as set forth in
				Subsection A of 2.81.11.9 NMAC,
provided,
that, as a condition
				of eligibility for benefits, such retiree has five or more years of credited
				service.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 81 - RETIREE HEALTH CARE FUNDS › Part 11 - ESTABLISHING SUBSIDY LEVELS ON THE BASIS OF YEARS OF CREDITABLE SERVICE › Section 2.81.11.10 - AGE REQUIREMENT FOR SUBSIDIES

Current through Register Vol. 35, No. 13, July 16, 2024
Except as otherwise provided in
				  2.81.11.9
				  NMAC, for eligible retirees who are not members of an enhanced retirement plan
				  and become eligible for participation on or after July 31, 2021, the minimum
				  retiree age requirement to be eligible for subsidies is 55.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 81 - RETIREE HEALTH CARE FUNDS › Part 12 - ELECTION OF THE CLASSIFIED STATE EMPLOYEE BOARD MEMBER › Section 2.81.12.1 - ISSUING AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NM Retiree Health Care Authority ("NMRHCA")
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 81 - RETIREE HEALTH CARE FUNDS › Part 12 - ELECTION OF THE CLASSIFIED STATE EMPLOYEE BOARD MEMBER › Section 2.81.12.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is promulgated pursuant to the Retiree Health Care
				  Act ("Act"), Sections
				  10-7C-1 et
				  seq. NMSA 1978.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 81 - RETIREE HEALTH CARE FUNDS › Part 12 - ELECTION OF THE CLASSIFIED STATE EMPLOYEE BOARD MEMBER › Section 2.81.12.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to establish rules and
				  procedures for the election of a classified state employee member of the NMRHCA
				  Board of Directors, as required by Section 10-7C-6(B)(10) of the
				  Act.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 81 - RETIREE HEALTH CARE FUNDS › Part 12 - ELECTION OF THE CLASSIFIED STATE EMPLOYEE BOARD MEMBER › Section 2.81.12.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Act" means the
				Retiree Health Care Act (Sections
				10-7C-1 et
				seq. N.M. Stat. Ann. 1978).
B.
				"Classified State Employee Board Member" means the member of the NMRHCA Board
				of Directors to be selected by the active state employees pursuant to Section
				10-7C-6(B)(10) of the Act.
C.
				"Election Committee" means the Executive Committee of the NMRHCA Board of
				Directors.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 81 - RETIREE HEALTH CARE FUNDS › Part 12 - ELECTION OF THE CLASSIFIED STATE EMPLOYEE BOARD MEMBER › Section 2.81.12.8 - TERM OF THE CLASSIFIED STATE EMPLOYEE BOARD MEMBER

Current through Register Vol. 35, No. 13, July 16, 2024
A. The Classified State Employee Board Member
				shall be elected for a term of four years and, unless removed or otherwise
				vacated from his/her office, shall serve until his/her successor is duly
				elected and has qualified.
B. The
				election of the Classified state Employee Board Member shall be held every four
				years, with the completion of the election to coincide with the completion of
				the term of the current Classified State Employee Board Member as closely as
				possible.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 81 - RETIREE HEALTH CARE FUNDS › Part 12 - ELECTION OF THE CLASSIFIED STATE EMPLOYEE BOARD MEMBER › Section 2.81.12.9 - ELECTION COMMITTEE

Current through Register Vol. 35, No. 13, July 16, 2024
The executive committee of the NMRHCA Board shall also serve
				  as the election committee under these rules and regulations.
A. The election Committee may utilize and
				shall oversee any contractors hired by the Board to help conduct the election.
				The election committee may utilize NMRHCA staff to assist in the election
				committee's oversight responsibilities.
B. The further duties of the election
				committee are described in the rules below.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 81 - RETIREE HEALTH CARE FUNDS › Part 12 - ELECTION OF THE CLASSIFIED STATE EMPLOYEE BOARD MEMBER › Section 2.81.12.10 - NOMINATIONS FOR CLASSIFIED STATE EMPLOYEE BOARD MEMBER

Current through Register Vol. 35, No. 13, July 16, 2024
A. At the earliest possible Board meeting
				during the Classified state Employee Board Member election year, the NMRHCA
				Board shall adopt a resolution specifying when nominating petitions shall be
				made available for distribution and when the nominating petitions are due to be
				returned to the NMRHCA. These nominating petitions are due not earlier than
				three months prior and not later than one month prior to the date set for
				canvassing the election ballots. Within 5 days of the adoption of the
				resolution, the NMRHCA shall give public notice of said resolution by arranging
				for the resolution to be published in the state employee newsletter and in a
				New Mexico newspaper of general circulation.
B. Nominating petition forms may be obtained
				from the NMRHCA offices located at 810 West San Mateo, Suite D, Santa Fe, New
				Mexico 87505.
C. In order to be
				eligible to hold the position of Classified State Employee NMRHCA Board member
				an individual must:
(1) Not be an employee of
				the New Mexico Retiree Health Care Authority, and
(2) Be a current classified state employee
				who contributes to the NMRHCA fund pursuant to the Act (N.M.Stat.Ann.
				10-7C-1 et
				seq.)
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 81 - RETIREE HEALTH CARE FUNDS › Part 12 - ELECTION OF THE CLASSIFIED STATE EMPLOYEE BOARD MEMBER › Section 2.81.12.11 - ELECTION OF CLASSIFIED STATE EMPLOYEE BOARD MEMBER

Current through Register Vol. 35, No. 13, July 16, 2024
A. Secret election ballots shall be mailed at
				least thirty days prior to the deadline for their return. Ballots shall be held
				by the NMRHCA in a locked box until the date and time set by the election
				committee for canvassing. To be counted, ballots must have been received at the
				Santa Fe Post Office by 12:00 noon on the date set by the Board to canvass the
				election returns.
B. All active
				state employees shall be eligible to receive a ballot and vote in the election
				as provided below.
(1) For purposes of the
				election of the Classified State Employee Board Member, "active state
				employees" are the following:
(a) All persons
				who are current state employees at least sixty (60) days prior to the mailing
				of the ballots and who contribute from their paycheck to the NMRHCA fund
				pursuant to the Retiree Health Care Act; and
(b) All persons who became current state
				employees contributing from their paycheck to the NMRHCA fund pursuant to
				Retiree Health Care Act (N.M.Stat.Ann.
				10-7C-1 et
				seq.) within the sixty (60) day period prior to the mailing of the
				ballots.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 81 - RETIREE HEALTH CARE FUNDS › Part 12 - ELECTION OF THE CLASSIFIED STATE EMPLOYEE BOARD MEMBER › Section 2.81.12.12 - VACANCY ON THE BOARD BY CLASSIFIED STATE EMPLOYEE MEMBER

Current through Register Vol. 35, No. 13, July 16, 2024
A. In the event the classified state employee
				board member of the NMRHCA board ceases to be a classified state employee for
				any reason, is removed from the board, resigns from the board, or dies, that
				member shall be considered to have resigned from the board and the board shall,
				by resolution, declare that office vacant as of the date of the adoption of
				such resolution. Such resolution shall be adopted within 30 days after the
				board member's retirement, resignation or death.
B. In the event the classified state employee
				member of the NMRHCA board ceases to be employed as a classified state
				employee, and is not reemployed as a classified state employee within thirty
				(30) days, that member shall be considered to have resigned from the
				board.
C. In the event the
				classified state employee board member of the NMRHCA board ceases to be a
				classified state employee or resigns from the board, that member shall, within
				15 days of the board's adoption of the resolution of vacancy, designate an
				active classified state employee to complete the balance of the member's term
				as classified state employee member by identifying such person in a letter to
				the chairperson of the board, who shall, by letter to the person so designated,
				appoint such person as successor classified state employee member.
D. In the event the classified state employee
				board member of the NMRHCA board is removed from the board or dies, an active
				classified state employee shall be designated as successor classified state
				employee board member by vote of the remaining members of the board within 15
				days of the board's adoption of the resolution of vacancy.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 82 - EDUCATIONAL RETIREMENT › Part 1 - GENERAL PROVISIONS › Section 2.82.1.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The Educational Retirement Act, Section
				  22-11-1 to
				  22-11-55,
				  NMSA 1978.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 82 - EDUCATIONAL RETIREMENT › Part 1 - GENERAL PROVISIONS › Section 2.82.1.8 - BOARD MEMBERS AND OFFICERS

Current through Register Vol. 35, No. 13, July 16, 2024
Ex-officio members of the board shall take office upon their
				  qualifying for the offices enumerated in Section
				  22-11-3
				  NMSA 1978. The board member elected by the New Mexico educational association
				  shall be elected in the manner prescribed by the constitution of that body and
				  shall take office on January 1 following such election. The board member
				  elected by the New Mexico members of the American association of university
				  professors shall be elected in accordance with the constitution of that body
				  and shall take office on July 1 following such election. The board member
				  elected by the New Mexico association of educational retirees shall be elected
				  in the manner prescribed by the constitution of that body and shall take office
				  on July 1 following such election. The board member elected by the American
				  federation of teachers New Mexico shall be elected in the manner prescribed by
				  the constitution of that body and shall take office on July 1 following such
				  election. The board members appointed by the governor shall take office upon
				  their receipt of appointment. All board members shall hold office until their
				  successors qualify regardless of the length of the term and office. At the
				  regular August meeting of each year, the members of the board shall elect a
				  chairman, a vice-chairman, and a secretary. The duties of the officers shall
				  include the following.
A. The chairman
				shall preside at all meetings of the board.
B. The vice-chairman shall serve as the
				chairman in the absence of the chairman.
C. The secretary shall attest to the official
				actions of the board when such is required. The vice-chairman may attest to the
				official actions of the board in the secretary's absence.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 82 - EDUCATIONAL RETIREMENT › Part 1 - GENERAL PROVISIONS › Section 2.82.1.9 - MEETINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The New Mexico
				educational retirement board shall hold regular meetings in the months of
				February, April, June, August, October and December; provided however, that the
				board may change the date of a meeting by board action, which action shall be
				noted in the minutes. Special board meetings may be held in accordance with
				state law at the call of the chairman or by any three board members. Committee
				meetings shall be scheduled as directed by the chairman of each
				committee.
B. Five members of the
				board shall constitute a quorum at any regular or special meeting.
C. Notice of all meetings of the board and
				its committees shall be made in accordance with the Open Meetings Act (Chapter
				10, Article 15, NMSA 1978) and the Open Meetings Resolution adopted by the
				board and shall be posted on the board's website and distributed as otherwise
				directed by the board. Notice shall be given at least eight days in advance of
				any regular meeting scheduled by the board at its last meeting. Notice shall be
				given at least three days in advance of any special meeting called by the
				chairman or any three members of the board.
D. The chairman shall set the agenda of board
				meetings; provided however, that if the chairman refuses to place an item on
				the agenda, three individual board members may petition in writing and place an
				item on the agenda without the chairman's consent. Committee chairmen shall set
				the agendas of their respective committees. Notice of agendas shall be made in
				accordance with the Open Meetings Act and the Open Meetings Resolution adopted
				by the board and the director shall distribute board and committee agendas to
				board members, post the agendas to the board's website, and distribute the
				agendas as otherwise directed by the board.
E. Board members and their designees may
				attend and participate in any regular or special board meeting by telephone or
				other electronic device if:
(1) the member or
				designee cannot attend the meeting due to an emergency or unforeseen
				circumstance;
(2) the member or
				designee can clearly be heard by everyone attending the meeting and the member
				or designee clearly identifies themself before speaking or participating in a
				vote;
(3) the member or designee
				has not attended regular meetings electronically more than twice in a rolling
				12 month period;
(4) no more than
				two members or designees who otherwise qualify for participation under this
				section may do so at the same meeting; and
(5) the member or designee otherwise complies
				with the Open Meetings Act.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 82 - EDUCATIONAL RETIREMENT › Part 1 - GENERAL PROVISIONS › Section 2.82.1.11 - FUNCTION OF THE BOARD

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				board shall function primarily as a policy making body and except for such
				ministerial acts as may be required by law, administrative matters shall be the
				responsibility of the director. The board shall adopt administrative rules and
				regulations through which the director shall implement the policies of the
				board.
B. In the consideration of
				cases involving individual members of the educational retirement system, it
				shall be the stated policy of the board to consider all appeals on their
				merits, guided by the Educational Retirement Act and the rules or regulations
				adopted by this board.
C. Pursuant
				to the board's fiduciary duty to the fund, the board has sole discretion in
				determining whether there is adequate funding for any proposed change in
				benefits or the funding formula.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 82 - EDUCATIONAL RETIREMENT › Part 1 - GENERAL PROVISIONS › Section 2.82.1.12 - ADMINISTRATIVE BUDGETS

Current through Register Vol. 35, No. 13, July 16, 2024
The director shall prepare budgets and requests for
				  appropriations, which shall be considered and approved by the board prior to
				  submission to the department of finance and administration or
				  legislature.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 82 - EDUCATIONAL RETIREMENT › Part 1 - GENERAL PROVISIONS › Section 2.82.1.13 - EMPLOYMENT OF STAFF

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				board, at a regular meeting, shall employ a director who shall serve at the
				pleasure of the board and at a salary to be set by the board.
B. The board shall annually approve an
				organizational chart coincident with the adoption of the budget. This chart
				shall include a description of all positions required for the operation of the
				office, and the director shall be responsible for staffing these positions.
				This responsibility shall include the authority for the employment, promotion
				and dismissal of all employees.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 82 - EDUCATIONAL RETIREMENT › Part 1 - GENERAL PROVISIONS › Section 2.82.1.14 - INVESTMENT COMMITTEE

Current through Register Vol. 35, No. 13, July 16, 2024
The investments of the retirement fund shall be under the
				  direction of an investment committee composed of the chairman of the board, and
				  two members of the board appointed by the chairman and approved by the board,
				  for terms of one year. The chairman shall appoint two members to the investment
				  committee at the board's regular October meeting each year. In the event of a
				  vacancy on the committee, the chairman shall appoint a member of the board to
				  serve for the remaining portion of the one year term. The appointment shall
				  become effective immediately; provided, however, that it shall be subject to
				  the approval by the board at its first meeting occurring after said
				  appointment. The actions of the committee shall be subject to applicable
				  statutes governing investment of the educational retirement fund, and the
				  administrative rules and policies adopted by the board relating to investments
				  of the fund.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 82 - EDUCATIONAL RETIREMENT › Part 1 - GENERAL PROVISIONS › Section 2.82.1.15 - MEDICAL REVIEW AUTHORITY AND APPEAL OF RECOMMENDATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The board shall engage a medical review
				authority. The authority shall review all disability examination reports and
				advise the board of the nature and extent of disability for all applicants for
				disability benefits and the nature and extent of disability for those members
				already approved for benefits when it becomes necessary to determine their
				continued eligibility.
B. The
				director may engage physicians and other qualified persons throughout the state
				to perform independent medical examinations upon applicants for disability, if
				necessary. Results of such examinations shall be reported in detail to, and
				reviewed by, the medical review authority. The director is authorized to pay a
				reasonable fee for the examinations.
C. Applicants for disability benefits and
				recipients of disability benefits whose benefits are subject to re-examination
				shall be given written notice of those recommendations of the medical review
				authority which propose denial of the application for disability or termination
				of disability benefits. The written notice shall contain the following:
(1) the recommendation of the medical review
				authority, and a clear and concise statement of the reasons supporting the
				recommendation;
(2) a statement
				that the applicant or disability recipient may appeal the recommendation within
				thirty (30) days after receipt of the notice in accordance with 2.82.11
				NMAC.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 82 - EDUCATIONAL RETIREMENT › Part 1 - GENERAL PROVISIONS › Section 2.82.1.16 - ACTUARY

Current through Register Vol. 35, No. 13, July 16, 2024
The director shall recommend an actuarial firm to be engaged
				  for the purpose of performing routine actuarial services and actuarial
				  investigations and evaluations to be provided for in a contract to be approved
				  by the board.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 82 - EDUCATIONAL RETIREMENT › Part 1 - GENERAL PROVISIONS › Section 2.82.1.17 - CONDUCT OF BUSINESS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				business affairs of the board shall be conducted by the director within the
				authority outlined by the Educational Retirement Act and rules and procedures
				adopted by the board.
B. On behalf
				of the board, the director is authorized to execute vouchers, delegate others
				to execute vouchers, buy and sell, or assign, or otherwise acquire or dispose
				of stocks, bonds, notes, or other securities held by the board, and execute
				such other documents as may be necessary to the administration of the
				Educational Retirement Act.
C. The
				director shall obtain the board's approval before requesting a formal opinion
				interpreting the law from the attorney general. The director may, however,
				obtain advice, either oral or written, from the attorney general as the need
				may arise.
D. The director is
				authorized to decide whether the agency will seek lead plaintiff status in
				securities class action lawsuits in order to insure a timely decision is made
				in accordance with applicable deadlines set out by the court. The director
				shall promptly apprise the chair of such decisions. All such decisions shall be
				presented at the next board meeting and the board may ratify or reject the
				director's decision. If the board rejects the director's decision, the agency
				shall seek to remove itself from lead plaintiff status.
E. The rules and procedures of the board may
				be amended or expanded in the following manner:
(1) At any regular meeting, the board may
				request the director to prepare amendments or new rules for action at a
				subsequent meeting of the board.
(2) The director may, at any time, propose
				amendments or new rules for action at any meeting of the board.
(3) Any proposed amendment or new rule shall
				be drafted by the director and sent to each board member with the agenda for
				the meeting at which the proposal will be considered, and all proposed rule
				changes will be sent to all local administrative units, within a reasonable
				time, prior to being considered by the board.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 82 - EDUCATIONAL RETIREMENT › Part 2 - MEMBERSHIP › Section 2.82.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule defines membership status and processes within the
				  Educational Retirement Act, Sections
				  22-11-1
				  through
				  22-11-55
				  NMSA 1978.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 82 - EDUCATIONAL RETIREMENT › Part 2 - MEMBERSHIP › Section 2.82.2.3 - 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 2 - MEMBERSHIP › Section 2.82.2.8 - EMPLOYEES AND EMPLOYERS COVERED BY THE EDUCATIONAL RETIREMENT ACT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Employers who
				are designated by statute as "local administrative units" shall be the
				following schools, institutions, and agencies:
(1) all public school districts in New
				Mexico;
(2) educational
				institutions enumerated in Article 12, Section 11 of the constitution of New
				Mexico;
(3) public education
				department;
(4) educational
				retirement board;
(5) girls'
				welfare home;
(6) New Mexico boys'
				school;
(7) Los Lunas medical
				center;
(8) technical and
				vocational institutes created pursuant to the Technical and Vocational
				Institute Act;
(9) community
				colleges (also known as "junior colleges") created pursuant to the Community
				College Act;
(10) New Mexico
				activities association; and
(11)
				regional education cooperatives.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 82 - EDUCATIONAL RETIREMENT › Part 2 - MEMBERSHIP › Section 2.82.2.9 - REGULAR MEMBERS

Current through Register Vol. 35, No. 13, July 16, 2024
A. In four-year
				colleges, technical and vocational institutes and community or junior colleges,
				public school districts, and state operated schools, "regular members" shall be
				all employees other than retired members, retired members who have returned to
				work under
				2.82.5.15
				NMAC,
				2.82.5.16
				NMAC, or
				2.82.5.17
				NMAC, participants in the alternative retirement plan (ARP) or employees
				excluded under
				2.82.2.11
				NMAC.
B. Any member except retired
				members who have returned to work under
				2.82.5.15
				NMAC,
				2.82.5.16
				NMAC, or
				2.82.5.17
				NMAC, participants in the alternative retirement plan (ARP), or employees
				excluded under
				2.82.2.11
				NMAC, who is regularly employed in any of the following local administrative
				units, shall be a "regular member" if the member holds a license issued by the
				public education department at the time of commencement of employment in such
				local administrative units:
(1) northern New
				Mexico college;
(2) New Mexico
				boys' school;
(3) girls' welfare
				home;
(4) Los Lunas medical
				center;
(5) public education
				department;
(6) educational
				retirement board;
(7) New Mexico
				school for the blind and visually impaired;
(8) New Mexico school for the deaf;
(9) New Mexico activities association;
				and
(10) regional education
				cooperatives.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 82 - EDUCATIONAL RETIREMENT › Part 2 - MEMBERSHIP › Section 2.82.2.10 - PROVISIONAL MEMBERS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any
				provisional member employed by any of the following local administrative units
				may elect to be covered under the public employees retirement association in
				lieu of coverage under the Educational Retirement Act within the first six
				months of employment or re-employment, but may not be exempted completely from
				being covered under either retirement system unless excluded from coverage
				under
				2.82.2.11
				NMAC:
(1) New Mexico boys' school;
(2) girls' welfare home;
(3) New Mexico school for the deaf;
(4) educational retirement board
(5) public education department;
(6) northern New Mexico college;
(7) Los Lunas medical center;
(8) New Mexico school for the blind and
				visually impaired;
(9) until or
				unless such provisional member does elect coverage under the Public Employees
				Retirement Act that provisional member must be covered under the Educational
				Retirement Act commencing with the first day of his employment, or
				re-employment in any of the local administrative units enumerated in this
				section. Likewise, the election of coverage under the Public Employees
				Retirement Act requires continued coverage under that act for the duration of
				employment or re-employment in any of the units specified in this
				section.
(10) It shall be the
				policy of the board, in cooperation with the public employees retirement
				association ("PERA"), to determine annually if there are provisional members
				employed by these local administrative units who are retired from one system
				while having elected to participate in the second system.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 82 - EDUCATIONAL RETIREMENT › Part 2 - MEMBERSHIP › Section 2.82.2.11 - EMPLOYEES EXCLUDED FROM COVERAGE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any person enrolled as a student in any of
				the local administrative units outlined in Subsection A of
				2.82.2.8
				NMAC, and who is also employed by the local administrative unit in which he is
				enrolled, shall be considered a student and not eligible for either "regular"
				or "provisional" membership under the Educational Retirement Act, except that
				members of the faculty or full-time staff, who may be incidentally enrolled in
				classes, shall not be affected by this rule. Under no circumstances shall
				graduate assistants, teaching fellows, or students in positions of similar
				nature, be considered eligible for coverage under the Educational Retirement
				Act. This includes any and all participation in the teacher enhancement program
				or participation in similar graduate programs.
B. Any person whose full time equivalency
				("FTE") is .25 or less, and who is not a covered employee of another local
				administrative unit, shall not be covered for contribution purposes. For
				purposes of calculating a person's FTE, employment with all local
				administrative units shall be aggregated. Any person employed on July 1, 1994
				who was then covered under the Educational Retirement Act shall continue to be
				covered for the duration of that employment.
C. Independent contractors who perform
				services for local administrative units on a fee basis are not eligible for
				membership under the Educational Retirement Act as a result of having performed
				such service, and sums paid for such service shall not be covered for purposes
				of contributions. The following factors shall be considered in determining
				whether an individual qualifies as an independent contractor:
(1) registration with the New Mexico
				department of taxation and revenue to pay gross receipts tax;
(2) the existence of a written contract with
				the local administrative unit setting forth the services to be provided and the
				compensation to be paid;
(3)
				whether the person receives benefits such as paid annual or sick leave, health
				insurance and other benefits that the local administrative unit provides its
				regular employees or is paid as an employee by the local administrative
				unit;
(4) whether the person
				satisfies internal revenue service guidelines for determining that an
				individual is an independent contractor rather than an employee;
(a) as necessary, the director shall make
				available forms for use by local administrative units for use in making this
				determination;
(b) the board
				reserves the right to examine the complete forms, contracts and other
				agreements, and any other materials as may be necessary for the purpose of
				determining whether an individual is an independent contractor or
				employee.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 82 - EDUCATIONAL RETIREMENT › Part 2 - MEMBERSHIP › Section 2.82.2.12 - RETIRED MEMBERS

Current through Register Vol. 35, No. 13, July 16, 2024
For the purposes of
				  2.82.5.15
				  NMAC,
				  2.82.5.16
				  NMAC and
				  2.82.5.17
				  NMAC, a retired member shall be defined as any member who has retired pursuant
				  to the Educational Retirement Act.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 82 - EDUCATIONAL RETIREMENT › Part 2 - MEMBERSHIP › Section 2.82.2.13 - MEMBERSHIP ENROLLMENT; RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Enrollment; changes in contact information.
(1) Members are required to complete a new
				employment form each time that they are hired or rehired by a local
				administrative unit and to provide the board with contact information,
				including their mailing address and e-mail address.
(2) Active members and retirees are
				responsible for providing the board notice in writing of any change of their
				mailing address or e-mail address on forms made available for this purpose by
				the director.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 82 - EDUCATIONAL RETIREMENT › Part 3 - MEMBER AND ADMINISTRATIVE UNIT CONTRIBUTIONS › Section 2.82.3.1 - 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 3 - MEMBER AND ADMINISTRATIVE UNIT CONTRIBUTIONS › Section 2.82.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule defines earnings on which member contributions
				  shall be made, refund of contributions, purchase of contributory employment and
				  non-reported service, and the payment of interest on refunds.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 82 - EDUCATIONAL RETIREMENT › Part 3 - MEMBER AND ADMINISTRATIVE UNIT CONTRIBUTIONS › Section 2.82.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The Educational Retirement Act, Section
				  22-11-1 to
				  22-11-55,
				  NMSA 1978.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 82 - EDUCATIONAL RETIREMENT › Part 3 - MEMBER AND ADMINISTRATIVE UNIT CONTRIBUTIONS › Section 2.82.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
Clarification of the definition of earnings on which member
				  contributions shall be made, the process to obtain refunds and to purchase
				  contributory employment and non-reported service and the calculation of
				  interest on such refunds and purchases.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 82 - EDUCATIONAL RETIREMENT › Part 3 - MEMBER AND ADMINISTRATIVE UNIT CONTRIBUTIONS › Section 2.82.3.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Terms used
				herein shall have the definitions as set forth in the Educational Retirement
				Act. Additional definitions used in this regulation are set forth
				below.
B. "Non-reported service"
				means service for which contributions should have been made by both a member
				and a local administrative unit pursuant to the Educational Retirement Act, but
				which were not made.
C. "Refund
				rate" means the rates at which interest is calculated for refunds to a member
				pursuant to Section
				22-11-15
				NMSA 1978, or to the beneficiary or estate of a member for refunds pursuant to
				Section
				22-11-29
				NMSA 1978. The refund rate shall be calculated based upon the process adopted
				by the board in its resolution entitled "the educational retirement board of
				trustees' adoption of a revised process for calculating and credit interest for
				refunds", June 4, 2010, or by a superseding resolution.
D. "Student teacher" means a person engaged
				in classroom teaching as part of a teacher education or training program whose
				employment in a local administrative unit is incidental to that person's status
				as a student. For purposes of example, a student in a teacher training program
				who receives a stipend, salary or other compensation while student teaching is
				a "student teacher"; a regular employee of a local administrative unit who also
				is enrolled in classes, possibly related to that employee's employment, in that
				or another local administrative unit, is not a student teacher.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 82 - EDUCATIONAL RETIREMENT › Part 3 - MEMBER AND ADMINISTRATIVE UNIT CONTRIBUTIONS › Section 2.82.3.11 - RETURN OF REFUNDED CONTRIBUTIONS AND RETIREMENT ELIGIBILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Member
				contributions which have been withdrawn from the fund by a member who has
				terminated employment may be returned to the fund, together with interest at
				the rate set by the board, without the member being required to return to
				employment if the termination was under one of the following circumstances:
(1) the member terminated employment for
				reasons other than by retirement, disability or death;
(2) the member exempted himself or herself
				from the Educational Retirement Act; or
(3) the member has not been reemployed
				following a period of disability during which the member received disability
				benefits.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 82 - EDUCATIONAL RETIREMENT › Part 3 - MEMBER AND ADMINISTRATIVE UNIT CONTRIBUTIONS › Section 2.82.3.12 - PURCHASE OF NON-REPORTED SERVICE; FAILURE TO DEDUCT MEMBER CONTRIBUTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Non-reported
				service must be purchased at the time it is discovered. Payment for
				non-reported service shall be at the contribution rate in effect at the time
				the non-reported service is discovered. The full fiscal year salary for the
				position for which the member was hired shall determine whether a member pays
				the contribution rate applicable to members who earn $24,000 or less per year
				in accordance with Section
				22-11-21
				NMSA 1978.
B. If the local
				administrative unit fails to deduct the applicable contribution from the salary
				paid to a member for each payroll period, the local administrative unit shall
				be responsible to remit to the fund the total amount due for both the member
				and the local administrative unit plus interest at a rate set by the
				board.