N.M. Admin. Code § 2.82.5.15
Current through Register Vol. 35, No. 16, August 27, 2024
Section 2.82.5.15 - RETURN TO WORK PROGRAMA. A retired member cannot return to employment with any LAU until the member submits and ERB approves a return to work application prescribed by the Board verifying their eligibility for the return to work program.B. For purposes of return to work, including Sections 15 through 18 of 2.82.5 NMAC, a retired member is deemed "employed" if a retired member is or should be included in the work report provided by the employing LAU to the ERB pursuant to 2.82.9.8. NMAC as being paid a wage.C. If a retired member who would otherwise qualify for a return to work program receives a written notice ("Notice of Violation") from ERB notifying the member that the member failed to submit the required return to work application prior to returning to employment, the member shall:(1) Immediately terminate employment and notify ERB of such termination; or(2) Submit a completed return to work application for the appropriate return to work program within 30 days of the date of the Notice of Violation.D. A retired member who receives a Notice of Violation who would qualify for a return to work program but fails to terminate employment or submit a return to work application within 30 days of the date of the Notice of Violation shall have their retirement suspended immediately and before their monthly retirement benefits can resume must: (1) certify to ERB and provide documentation from their employer(s) verifying that they have terminated all LAU employment, and(2) reapply for retirement by completing the application process provided in 2.82.5.9 NMAC as if a first-time applicant.E. A retired member who receives a Notice of Violation who would not qualify for a return to work program because the member has not satisfied the 90-day layout has not had a bona fide termination and is ineligible to receive a retirement benefit and shall have their retirement suspended immediately and shall pay to the educational retirement fund a sum equal to the total retirement benefits the member received while employed and before their monthly retirement benefits can resume must:(1) certify to ERB and provide documentation from their employer(s) verifying that they have terminated all LAU employment, and(2) reapply for retirement by completing the application process provided in 2.82.5.9 NMAC as if a first-time applicant.F. If the retired member did not render service to any LAU for at least 90 consecutive days after the date of retirement ("layout") and before they returned to employment, the member is not required to layout for an additional 90 consecutive days and shall be deemed to have satisfied the 90-day non-service requirement under Paragraph (1) of Subsection A of 2.82.5.17 NMAC and Paragraph (1) of Subsection A of 2.82.5.18 NMAC.G. Periods of employment or wages received by a retired member prior to their approval in a return to work program under this Paragraph C shall count against the limits provided in rules 2.82.5.16, 2.82.5.17, and 2.82.5.18 NMAC.H. No time that a retired member has been employed by a local administrative unit ("LAU") under any return to work ("return to work") program may be used in the calculation of retirement benefits and a retired member cannot acquire or purchase service credit for the period of the retired member's re-employment with a LAU under any return to work program.I. A retired member who returns to work under an approved return to work program may, if qualified, change programs once per year by submitting a return to work application for the different program within the month of July. If mailed, an application will be deemed submitted as of the postmark date.J. Independent Contractors. A retired member who is not employed by an LAU and whose independent contractor application has been approved by ERB may provide services to that LAU as an independent contractor.(1) A retired member who wants to provide services as an independent contractor to an LAU or through an arrangement with a third party contracting with an LAU shall submit and obtain approval of an independent contractor application from ERB prior to providing such services.(2) A retired member who fails to submit and obtain approval as an independent contractor prior to providing services to an LAU may be subject to any appropriate action contained in this rule if ERB determines that the member was employed during the period of providing services to the LAU.K. Each LAU shall create, maintain and distribute to its employees an internal return to work policy consistent with the applicable statutes and 2.82.5 NMAC.L. A final written decision of the director which results in a suspension of benefits for a violation of Sections 15 through 18 of 2.82.5 NMAC may be appealed pursuant to 2.82.11 NMAC.M. All Notices of Violation shall be mailed certified via the United States postal service.N. All applications, notices and other communications required from members pursuant to Sections 15 through 18 of 2.82.5 NMAC should be mailed certified via the United States postal service; provided that ERB shall accept delivery of any such applications, notices and other communications when received regardless of the delivery method. By accepting delivery of an application, notice or other communications, ERB does not waive any deadline, requirement for completion or other requirement contained in Sections 15 through 18 of 2.82.5 NMAC.N.M. Admin. Code § 2.82.5.15
2.82.5.15 NMAC - N, 11-30-2001; A, 12-14-2001; A, 10-31-2002; A, 7-15-2003; A; 12-31-2008, Amended by New Mexico Register, Volume XXVI, Issue 11, June 16, 2015, eff. 6/16/2015, Amended by New Mexico Register, Volume XXVIII, Issue 19, October 17, 2017, eff. 10/17/2017, Amended by New Mexico Register, Volume 30, Issue 21, November 12, 2019, eff. 11/12/2019, Amended by New Mexico Register, Volume XXXI, Issue 13, July 14, 2020, eff. 7/14/2020, Adopted by New Mexico Register, Volume XXXV, Issue 12, June 25, 2024, eff. 7/1/2024