N.M. Admin. Code § 2.82.2.9

Current through Register Vol. 35, No. 24, December 23, 2024

Section 2.82.2.9 - REGULAR MEMBERS

A. In four-year colleges, technical and vocational institutes and community or junior colleges, public school districts, and state operated schools, "regular members" shall be all employees other than retired members, retired members who have returned to work under 2.82.5.15 NMAC, 2.82.5.16 NMAC, or 2.82.5.17 NMAC, participants in the alternative retirement plan (ARP) or employees excluded under 2.82.2.11 NMAC.

B. Any member except retired members who have returned to work under 2.82.5.15 NMAC, 2.82.5.16 NMAC, or 2.82.5.17 NMAC, participants in the alternative retirement plan (ARP), or employees excluded under 2.82.2.11 NMAC, who is regularly employed in any of the following local administrative units, shall be a "regular member" if the member holds a license issued by the public education department at the time of commencement of employment in such local administrative units:

(1) northern New Mexico college;

(2) New Mexico boys' school;

(3) girls' welfare home;

(4) Los Lunas medical center;

(5) public education department;

(6) educational retirement board;

(7) New Mexico school for the blind and visually impaired;

(8) New Mexico school for the deaf;

(9) New Mexico activities association; and

(10) regional education cooperatives.

C. Except retired members who have returned to work under 2.82.5.15 NMAC, 2.82.5.16 NMAC, or 2.82.5.17 NMAC, participants in the alternative retirement plan (ARP) or employees excluded under 2.82.2.11 NMAC, regular membership is a condition of employment and all local administrative unit employees who qualify as "regular members" must be covered under the Educational Retirement Act, commencing with the first day of employment.

D. Except retired members who have returned to work under 2.82.5.15 NMAC, 2.82.5.16 NMAC, or 2.82.5.17 NMAC, participants in the alternative retirement plan (ARP) or employees excluded under 2.82.2.11 NMAC, any person regularly employed, whether full-time or part-time, in any state institution or agency described in Subsection B of 2.82.2.8 NMAC, shall be a regular member if employed in an educational program and holds a license issued by the public education department.

N.M. Admin. Code § 2.82.2.9

6-30-99; 2.82.2.9 NMAC - Rn & A, 2 NMAC 82.2.9, 11-30-2001; A, 5-31-2012, Amended by New Mexico Register, Volume XXVII, Issue 18, September 30, 2016, eff. 9/30/2016, Adopted by New Mexico Register, Volume XXVIII, Issue 20, October 31, 2017, eff. 10/31/2017, 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