NM
New Mexico Senate Bill SB133

New Mexico 2025 Regular Session

New Mexico Senate Bill SB133 Compare Versions

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1-SB 133
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28+SENATE BILL 133
29+57
30+TH LEGISLATURE
31+-
32+
33+STATE
34+
35+OF
36+
37+NEW
38+
39+MEXICO
40+
41+-
42+ FIRST SESSION
43+,
44+
45+2025
46+INTRODUCED BY
47+Peter Wirth
2848 AN ACT
2949 RELATING TO EDUCATIONAL RETIREMENT; INCREASING THE SALARY A
3050 RETIRED MEMBER MAY EARN WITHOUT A SUSPENSION OF THE MEMBER'S
31-RETIREMENT BENEFITS WHEN RETURNING TO WORK; INCREASING THE
32-TIME ALLOWED FOR RETURNING TO WORK.
51+RETIREMENT BENEFITS WHEN RETURNING TO WORK.
3352 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
34-SECTION 1. Section 22-11-25.1 NMSA 1978 (being
35-Laws 2001, Chapter 283, Section 2, as amended) is amended
36-to read:
53+SECTION 1. Section 22-11-25.1 NMSA 1978 (being Laws 2001,
54+Chapter 283, Section 2, as amended) is amended to read:
3755 "22-11-25.1. RETURN TO EMPLOYMENT--BENEFITS--
3856 CONTRIBUTIONS.--
3957 A. Except as otherwise provided in Subsections B,
4058 F, H and I of this section, until January 1, 2024, a retired
4159 member who begins employment with a local administrative unit
4260 at a level greater than one-quarter full-time employee,
43-regardless of salary level, is required to suspend the
44-member's retirement benefits until the end of that employment
45-unless the member has not rendered service to a local
46-administrative unit for at least twelve consecutive months
47-after the date of retirement.
48-B. Until January 1, 2024, a retired member who
49-retired on or before January 1, 2001, has not suspended or
50-been required to suspend retirement benefits pursuant to the
51-Educational Retirement Act and returns to employment with a SB 133
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61+regardless of salary level, is required to suspend the member's
62+retirement benefits until the end of that employment unless the
63+.229120.1 underscored material = new
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90+member has not rendered service to a local administrative unit
91+for at least twelve consecutive months after the date of
92+retirement.
93+B. Until January 1, 2024, a retired member who
94+retired on or before January 1, 2001, has not suspended or been
95+required to suspend retirement benefits pursuant to the
96+Educational Retirement Act and returns to employment with a
7897 local administrative unit is not required to suspend the
7998 member's retirement benefits.
8099 C. A retired member who returns to employment with
81-a local administrative unit in accordance with this section
82-is entitled to receive retirement benefits during that
83-employment but is not entitled to acquire or purchase service
84-credit for that employment.
85-D. A retired member may return to employment with
86-a local administrative unit only if the member submits an
100+a local administrative unit in accordance with this section is
101+entitled to receive retirement benefits during that employment
102+but is not entitled to acquire or purchase service credit for
103+that employment.
104+D. A retired member may return to employment with a
105+local administrative unit only if the member submits an
87106 application to return to work, on a form prescribed by the
88107 board, the board approves the application and the applicant
89-complies with other application rules promulgated by the
90-board.
108+complies with other application rules promulgated by the board.
91109 E. A retired member who returns to employment
92-pursuant to Subsection A, B, F or I of this section shall
93-make nonrefundable contributions to the fund as would be
94-required by Section 22-11-21 NMSA 1978 if the retired member
95-were a non-retired employee. The local administrative unit
96-employing the retired member shall likewise make
97-contributions as would be required by that section.
98-F. Until January 1, 2024, a retired member who
99-retired on or before January 1, 2001, who suspended or was
100-required to suspend retirement benefits under the Educational
101-Retirement Act is not required to suspend the member's
102-retirement benefits if the retired member has not rendered SB 133
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110+pursuant to Subsection A, B, F or I of this section shall make
111+nonrefundable contributions to the fund as would be required by
112+Section 22-11-21 NMSA 1978 if the retired member were a non-
113+retired employee. The local administrative unit employing the
114+retired member shall likewise make contributions as would be
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129-service to a local administrative unit for an additional
130-twelve or more consecutive months, not including any part of
131-a summer or other scheduled break or vacation period, after
132-the initial date of retirement.
143+required by that section.
144+F. Until January 1, 2024, a retired member who
145+retired on or before January 1, 2001, who suspended or was
146+required to suspend retirement benefits under the Educational
147+Retirement Act is not required to suspend the member's
148+retirement benefits if the retired member has not rendered
149+service to a local administrative unit for an additional twelve
150+or more consecutive months, not including any part of a summer
151+or other scheduled break or vacation period, after the initial
152+date of retirement.
133153 G. A retired member who returns to employment with
134154 a local administrative unit shall make contributions to the
135155 retiree health care fund during the period of that employment
136-and in the amount specified in Section 10-7C-15 NMSA 1978.
137-The local administrative unit employing the retired member
138-shall likewise make contributions during the period of that
156+and in the amount specified in Section 10-7C-15 NMSA 1978. The
157+local administrative unit employing the retired member shall
158+likewise make contributions during the period of that
139159 employment and in the amount specified in that section.
140-H. A retired member may return to employment with
141-a local administrative unit without a suspension of the
142-member's retirement benefits; provided that:
160+H. A retired member may return to employment with a
161+local administrative unit without a suspension of the member's
162+retirement benefits; provided that:
143163 (1) the retired member has not rendered
144-service to a local administrative unit for at least ninety
145-days after the date of retirement;
146-(2) prior to the date of retirement, or
147-within ninety days after the date of retirement, the retired
148-member did not enter into any formal or informal agreement
149-with a local administrative unit or with any contractor
150-providing services to a local administrative unit to return
151-to employment; and
152-(3) the retired member earns a salary of
153-less than twenty-five thousand dollars ($25,000) per year. SB 133
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164+service to a local administrative unit for at least ninety days
165+after the date of retirement;
166+(2) prior to the date of retirement, or within
167+ninety days after the date of retirement, the retired member
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180-I. A retired member may return to employment with
181-a local administrative unit without a suspension of the
182-member's retirement benefits; provided that:
196+did not enter into any formal or informal agreement with a
197+local administrative unit or with any contractor providing
198+services to a local administrative unit to return to
199+employment; and
200+(3) the retired member earns a salary of less
201+than [fifteen thousand dollars ($15,000) ] twenty-five thousand
202+dollars ($25,000) per year.
203+I. A retired member may return to employment with a
204+local administrative unit without a suspension of the member's
205+retirement benefits; provided that:
183206 (1) the retired member has not rendered
184-service to a local administrative unit for at least ninety
185-days after the date of retirement; and
207+service to a local administrative unit for at least ninety days
208+after the date of retirement; and
186209 (2) the retired member returns to employment
187-for a period of no more than sixty consecutive or
210+for a period of no more than thirty-six consecutive or
188211 nonconsecutive months pursuant to this subsection.
189212 J. As used in this section:
190213 (1) "rendered service" includes employment,
191214 whether full or part time; substitute teaching; voluntarily
192-performing duties that would otherwise be, or in the past
193-have been, performed by a paid employee or independent
194-contractor; and performing duties as an independent
195-contractor or an employee of an independent contractor; and
215+performing duties that would otherwise be, or in the past have
216+been, performed by a paid employee or independent contractor;
217+and performing duties as an independent contractor or an
218+employee of an independent contractor; and
196219 (2) "local administrative unit" includes any
197220 entity incorporated, formed or otherwise organized by, or
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198249 subject to the control of, a local administrative unit,
199250 regardless of whether the entity is created for profit or
200251 nonprofit purposes."
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