New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 80 - PUBLIC EMPLOYEES RETIREMENT › Part 1700 - MUNICIPAL ELECTION FOR CHANGE IN COVERAGE PLAN › Section 2.80.1700.8 - GENERAL PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. An
				affiliated public employer desiring to conduct an election to adopt a new
				coverage plan or for a change in coverage plan shall adopt and file with the
				board a resolution so stating. In addition to the resolution, the affiliated
				public employer shall also file for board approval, a sample ballot and a list
				of employee election committee members.
B. The resolution shall specify the date of
				the election, which election shall be held not fewer than thirty (30) nor more
				than sixty (60) days after the approval by the board of the resolution, except
				as provided in subsection E below.
C. The affiliated public employer shall give
				notice of the election to its members in the form prescribed by the
				association. Actual notice to each member is not required, but the manner in
				which notice is given shall be reasonably calculated to inform all affected
				members of the election.
D. Ballots
				shall be prepared by the affiliated public employer in sufficient quantity for
				all eligible members to vote and in the form prescribed by the association.
				Ballots for an election for a new coverage plan or a change in coverage plan
				shall be separate from the ballots for any other question being voted on by the
				members.
E. The association may
				postpone an election for coverage if it determines the affiliated public
				employer has not substantially complied with the procedures required by this
				rule and may require that remedial measures be taken, including, but not
				limited to, requiring that a new notice be given to members, preparing a new
				ballot or register, and rescheduling the election. The board may rescind an
				election if it determines the affiliated public employer did not substantially
				comply with the procedures required by this rule.
F. A register shall be prepared by the
				affiliated public employer containing names of members entitled to vote in the
				election. Names shall be manually added to the printed register to include the
				names of those members desiring to vote who become eligible to vote after
				printing of the register, provided verification is made by the affiliated
				public employer of the member's eligibility to vote in the election. An
				affiliated public employer may cease manually adding names to the printed
				register twenty-four (24) hours prior to the commencement of voting on election
				day. Members shall sign their names to the register when issued a ballot. If a
				member who has voted absentee subsequently ceases to be eligible prior to the
				date of election, that vote shall be valid.
G. Before issuing a ballot to a member,
				identification may be required of the member.
H. Voting shall be permitted by absentee
				ballot. Absentee ballots may be voted by the member and thereafter delivered to
				the person designated by the affiliated public employer to receive absentee
				ballots. Absentee ballots shall be made available not later than 5 days prior
				to the election day. No absentee ballots may be counted unless received at or
				before 5:00 p.m. on the day prior to the election day. Absentee ballots shall
				not be opened until voting has ceased on the election day.
I. Voting shall be conducted at a minimum of
				one voting location continuously throughout a minimum 9 hour period including
				the hours between 8:00 a.m. and 5:00 p.m., but if all eligible members have
				voted prior to the posted closing time, the voting shall end at the earlier
				time.
J. The affiliated public
				employer shall appoint a committee of employees of the employer to be approved
				by the board. The committee shall be present at the voting places during the
				election day and during the process of counting the votes. The chair of the
				committee shall sign his or her name to the final tally indicating that the
				tally is, to the best of his or her information, a correctly computed tally. A
				representative of the affiliated public employer shall be designated by the
				affiliated public employer as responsible for the election, and he or she shall
				also so indicate on the tally by signing his or her name.
K. The final tally of votes shall be filed
				with the association within 72 hours after closing of the election, unless the
				offices of the association are closed due to weekends or holidays for a period
				of three consecutive days after the election day, in which case the tally shall
				be filed on the next business day following the election day.
L. Elections for changes in coverage plan may
				be conducted for designated employee groups of an affiliated public employer. A
				designated group may be all members employed by the affiliated public employer,
				an organizational group whose compensation is established by negotiated
				contract or all members employed by the affiliated public employer whose
				compensation is not established by negotiated contract. The resolution required
				in subsection A shall state the designated employee group.
M. Insignificant departures from the
				requirements set forth in these regulations pertaining to the conduct of
				elections shall not invalidate the election provided the results of the
				election would not have been affected.
N. "First full pay period" for the purpose of
				adopting a new coverage plan shall mean the first pay period that ends within
				the month in which the new coverage plan becomes applicable to a
				member.
O. An election adopting a
				coverage plan is irrevocable for the purpose of subsequently adopting a
				coverage plan that would decrease employee or employer contributions with
				respect to all current and future members of that affiliated
				employer.