New Mexico 2025 Regular Session

New Mexico House Bill HB254 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	underscored material = new
2	2	[bracketed material] = delete
3	3	1
4	4	2
5	5	3
6	6	4
7	7	5
8	8	6
9	9	7
10	10	8
11	11	9
12	12	10
13	13	11
14	14	12
15	15	13
16	16	14
17	17	15
18	18	16
19	19	17
20	20	18
21	21	19
22	22	20
23	23	21
24	24	22
25	25	23
26	26	24
27	27	25
28	28	HOUSE BILL 254
29	29	57
30	30	TH LEGISLATURE
31	31	-
32	32
33	33	STATE
34	34
35	35	OF
36	36
37	37	NEW
38	38
39	39	MEXICO
40	40
41	41	-
42	42	FIRST SESSION
43	43	,
44	44
45	45	2025
46	46	INTRODUCED BY
47	47	Tanya Mirabal Moya and Joy Garratt and Brian G. Baca
48	48	and Anita Gonzales
49	49	AN ACT
50	50	RELATING TO EDUCATIONAL RETIREMENT; CHANGING THE PERIOD OF TIME
51	51	THAT CERTAIN RETIREES ARE ABLE TO RETURN TO EMPLOYMENT.
52	52	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
53	53	SECTION 1. Section 22-11-25.1 NMSA 1978 (being Laws 2001,
54	54	Chapter 283, Section 2, as amended) is amended to read:
55	55	"22-11-25.1. RETURN TO EMPLOYMENT--BENEFITS--
56	56	CONTRIBUTIONS.--
57	57	A. Except as otherwise provided in Subsections B,
58	58	F, H and I of this section, until January 1, 2024, a retired
59	59	member who begins employment with a local administrative unit
60	60	at a level greater than one-quarter full-time employee,
61	61	regardless of salary level, is required to suspend the member's
62	62	retirement benefits until the end of that employment unless the
63	63	member has not rendered service to a local administrative unit
64	64	.229348.3 underscored material = new
65	65	[bracketed material] = delete
66	66	1
67	67	2
68	68	3
69	69	4
70	70	5
71	71	6
72	72	7
73	73	8
74	74	9
75	75	10
76	76	11
77	77	12
78	78	13
79	79	14
80	80	15
81	81	16
82	82	17
83	83	18
84	84	19
85	85	20
86	86	21
87	87	22
88	88	23
89	89	24
90	90	25
91	91	for at least twelve consecutive months after the date of
92	92	retirement.
93	93	B. Until January 1, 2024, a retired member who
94	94	retired on or before January 1, 2001, has not suspended or been
95	95	required to suspend retirement benefits pursuant to the
96	96	Educational Retirement Act and returns to employment with a
97	97	local administrative unit is not required to suspend the
98	98	member's retirement benefits.
99	99	C. A retired member who returns to employment with
100	100	a local administrative unit in accordance with this section is
101	101	entitled to receive retirement benefits during that employment
102	102	but is not entitled to acquire or purchase service credit for
103	103	that employment.
104	104	D. A retired member may return to employment with a
105	105	local administrative unit only if the member submits an
106	106	application to return to work, on a form prescribed by the
107	107	board, the board approves the application and the applicant
108	108	complies with other application rules promulgated by the board.
109	109	E. A retired member who returns to employment
110	110	pursuant to Subsection A, B, F or I of this section shall make
111	111	nonrefundable contributions to the fund as would be required by
112	112	Section 22-11-21 NMSA 1978 if the retired member were a non-
113	113	retired employee. The local administrative unit employing the
114	114	retired member shall likewise make contributions as would be
115	115	required by that section.
116	116	.229348.3
117	117	- 2 - underscored material = new
118	118	[bracketed material] = delete
119	119	1
120	120	2
121	121	3
122	122	4
123	123	5
124	124	6
125	125	7
126	126	8
127	127	9
128	128	10
129	129	11
130	130	12
131	131	13
132	132	14
133	133	15
134	134	16
135	135	17
136	136	18
137	137	19
138	138	20
139	139	21
140	140	22
141	141	23
142	142	24
143	143	25
144	144	F. Until January 1, 2024, a retired member who
145	145	retired on or before January 1, 2001, who suspended or was
146	146	required to suspend retirement benefits under the Educational
147	147	Retirement Act is not required to suspend the member's
148	148	retirement benefits if the retired member has not rendered
149	149	service to a local administrative unit for an additional twelve
150	150	or more consecutive months, not including any part of a summer
151	151	or other scheduled break or vacation period, after the initial
152	152	date of retirement.
153	153	G. A retired member who returns to employment with
154	154	a local administrative unit shall make contributions to the
155	155	retiree health care fund during the period of that employment
156	156	and in the amount specified in Section 10-7C-15 NMSA 1978. The
157	157	local administrative unit employing the retired member shall
158	158	likewise make contributions during the period of that
159	159	employment and in the amount specified in that section.
160	160	H. A retired member may return to employment with a
161	161	local administrative unit without a suspension of the member's
162	162	retirement benefits; provided that:
163	163	(1) the retired member has not rendered
164	164	service to a local administrative unit for at least ninety days
165	165	after the date of retirement;
166	166	(2) prior to the date of retirement, or within
167	167	ninety days after the date of retirement, the retired member
168	168	did not enter into any formal or informal agreement with a
169	169	.229348.3
170	170	- 3 - underscored material = new
171	171	[bracketed material] = delete
172	172	1
173	173	2
174	174	3
175	175	4
176	176	5
177	177	6
178	178	7
179	179	8
180	180	9
181	181	10
182	182	11
183	183	12
184	184	13
185	185	14
186	186	15
187	187	16
188	188	17
189	189	18
190	190	19
191	191	20
192	192	21
193	193	22
194	194	23
195	195	24
196	196	25
197	197	local administrative unit or with any contractor providing
198	198	services to a local administrative unit to return to
199	199	employment; and
200	200	(3) the retired member earns a salary of less
201	201	than fifteen thousand dollars ($15,000) per year.
202	202	I. A retired member may return to employment with a
203	203	local administrative unit without a suspension of the member's
204	204	retirement benefits; provided that:
205	205	(1) the retired member has not rendered
206	206	service to a local administrative unit for at least ninety days
207	207	after the date of retirement; and
208	208	(2) the retired member returns to employment
209	209	for a period of no more than [thirty-six ] eighty-four
210	210	consecutive or nonconsecutive months pursuant to this
211	211	subsection.
212	212	J. As used in this section:
213	213	(1) "rendered service" includes employment,
214	214	whether full or part time; substitute teaching; voluntarily
215	215	performing duties that would otherwise be, or in the past have
216	216	been, performed by a paid employee or independent contractor;
217	217	and performing duties as an independent contractor or an
218	218	employee of an independent contractor; and
219	219	(2) "local administrative unit" includes any
220	220	entity incorporated, formed or otherwise organized by, or
221	221	subject to the control of, a local administrative unit,
222	222	.229348.3
223	223	- 4 - underscored material = new
224	224	[bracketed material] = delete
225	225	1
226	226	2
227	227	3
228	228	4
229	229	5
230	230	6
231	231	7
232	232	8
233	233	9
234	234	10
235	235	11
236	236	12
237	237	13
238	238	14
239	239	15
240	240	16
241	241	17
242	242	18
243	243	19
244	244	20
245	245	21
246	246	22
247	247	23
248	248	24
249	249	25
250	250	regardless of whether the entity is created for profit or
251	251	nonprofit purposes."
252	252	- 5 -
253	253	.229348.3