New Mexico Administrative Code
Title 2 - PUBLIC FINANCE
Chapter 80 - PUBLIC EMPLOYEES RETIREMENT
Part 400 - EMPLOYEE MEMBERSHIP
Section 2.80.400.10 - MEMBER COVERAGE UNDER PERA
Universal Citation: 2 NM Admin Code 2.80.400.10
Current through Register Vol. 35, No. 18, September 24, 2024
A. Full-time employees who work 40 or more hours in a week and part-time employees who work 20 or more hours but fewer than 40 hours in a week shall be members.
B. The following employees are excluded from coverage:
(1) Retired
members of PERA or retired members from any other state system as defined in
subsection D of 2.80.100.7 NMAC who subsequently become employees of affiliated
public employers. This exclusion does not apply to a previously retired member
whose pension has been suspended.
(2) Independent contractors. Persons who
render services to an affiliated public employer as independent contractors are
not employees who are entitled to PERA membership unless the employment
contract provides that they are "employees" for federal and state taxation
purposes, or the IRS had determined that they are "employees" under the
contract.
(3) Seasonal or student
employees.
(a) "Seasonal employee" or
"temporary employee" means an employee who works in a position designated by
the affiliated public employer as seasonal or temporary and created to last no
more than 9 consecutive months. Retired members returning to work with an
affiliated public employer shall not be re-employed under this subsection
3(a).
(b) "Student employee" means
an employee who during at least 8 months in any calendar year, or during the
period of employment, is enrolled at an educational institution whose academic
credits would be accepted by a state educational institution or a public school
district and carrying at least 12 credit hours or is enrolled in an educational
institution's graduate studies program and carrying at least 9 credit hours.
Any person who is a regular full-time employee is not a "student" for purposes
of exclusion from PERA membership.
(4) Elected officials who file with the
association a written application for exemption from membership using the form
prescribed by the association within twenty-four (24) months of taking office.
Prior to filing the application for exemption, the elected official shall be a
member. An application for exemption may be subsequently withdrawn by filing
with PERA an executed PERA membership application form.
Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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