Current through Register Vol. 35, No. 18, September 24, 2024
A. Members or former members whose employment
has been terminated and who are reinstated PERA back benefits and the
associated back-pay from an affiliated public employer pursuant to a settlement
agreement, court order, or administrative decision may acquire service credit
and remit employee and employer contributions to PERA for the period reinstated
under the following conditions:
(1) the
settlement agreement, court order, or administrative decision provides that the
member or former member was reinstated PERA back benefits and the associated
back-pay;
(2) the service credit
reinstated shall not exceed the period of unemployment from affiliated public
employment between termination and the date designated in the settlement
agreement, court order or administrative decision. No service credit shall be
allowed for future service or future employment;
(3) the employee received back-pay in the
same amount as salary that would have been paid during the period of
unemployment or an amount that is 50% or more of the employee's regular monthly
salary; the back-pay may be offset by amounts of salary earned by the employee
in other employment; contributions shall be remitted on the full amount of
back-pay without any offset, unless contributions have previously been remitted
on the offset; salary shall not be posted for the member from more than one
affiliated public employer, except when the back-pay brings the employee's
salary to the level it would have been absent the termination;
(4) all employee and employer contributions
due, plus interest at the rate set by the board pursuant to subsection C of
2.80.500.8 NMAC, from the date the contributions should have been paid until
the date of payment, shall be paid before service credit and salary will be
posted for the member;
(5) service
credit shall be calculated in accordance with NMSA 1978, Section
10-11-4
and 2.80.600 NMAC; and
(6) this
subsection does not apply to retired members; no adjustment in pension shall be
made after the first pension payment.
B. Members or former members who are demoted
or fail to receive a promotion and who are reinstated PERA back benefits and
the associated back-pay from an affiliated public employer pursuant to a
settlement agreement, court order, or administrative decision may remit
employee and employer contributions to PERA for the period reinstated under the
following conditions:
(1) the settlement
agreement, court order, or administrative decision provides that the member or
former member was reinstated PERA back benefits and the associated
back-pay;
(2) the employee received
back-pay in the same amount as salary that would have been paid had the
employee not received the adverse employment decision;
(3) salary shall not be posted for the member
from more than one affiliated public employer, except when the back-pay brings
the employee's salary to the level it would have been absent the adverse
employment decision;
(4) all
employee and employer contributions due, plus interest at the rate set by the
board pursuant to subsection C of 2.80.500.8 NMAC, from the date the
contributions should have been paid until the date of payment, shall be paid
before salary will be posted for the member; and
(5) this subsection does not apply to retired
members; no adjustment in pension shall be made after the first pension
payment.
