44th legislature - STATE OF NEW MEXICO - second session, 2000

RELATING TO EDUCATIONAL RETIREMENT; AMENDING THE EDUCATIONAL RETIREMENT ACT TO ALLOW SUBSEQUENT PART-TIME EMPLOYMENT WITHOUT THE LOSS OF BENEFITS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 22-11-25 NMSA 1978 (being Laws 1967, Chapter 16, Section 148) is amended to read:

"22-11-25. RETIREMENT--REEMPLOYMENT.--

A. A member retired pursuant to the provisions of the Educational Retirement Act may remove himself from retirement status by returning to employment. A reemployed member shall make regular contributions pursuant to the Educational Retirement Act. Upon termination of reemployment, the member shall be eligible for retirement benefits again based upon all service credit acquired. In no case shall the retirement benefits be less than the member was receiving prior to his reemployment. Except as provided in Subsection B of this section, the member shall not receive greater retirement benefits than he was receiving prior to his reemployment unless he has not less than five years of employment subsequent to July 1, 1957 with all contributions required by the Educational Retirement Act having been paid on the earnings derived through this employment.

B. A member retired pursuant to the provisions of the Educational Retirement Act returning to employment for not less than one year after July 1, 1957 and prior to July 1, 1963 shall be eligible for retirement benefits pursuant to this section if the following conditions occur:

(1) the member's contributions on the salary earned during that period of reemployment [must] shall be paid at the rate [which] that was in effect at that time. If this contribution is made, the local administrative unit employing the member during that period shall pay the local administrative [units] unit's contribution at the rate in effect at that time; and

(2) the member shall have fulfilled the five-year contributory employment requirement specified in Section [77-9-23 New Mexico Statutes Annotated, 1953 Compilation]

22-11-24 NMSA 1978.

C. At the time of retirement following a period of reemployment, the member's retirement benefits shall be paid in accordance with the terms of the option selected at the time of the first retirement. A member qualified to retire pursuant to this section after having reentered employment after retiring prior to July 1, 1957 shall be eligible to retire under the options specified in Section [77-9-28 New Mexico Statutes Annotated, 1953 Compilation] 22-11-29 NMSA 1978.

D. A retired member is not reemployed pursuant to this section and is not required to be removed from retirement status or make regular contributions if the employment for a local administrative unit after retirement is one-half of a full-time equivalency or less."