New Mexico Administrative Code
Title 2 - PUBLIC FINANCE
Chapter 81 - RETIREE HEALTH CARE FUNDS
Part 10 - POST-1997 PARTICIPATING EMPLOYER/EMPLOYEE CONTRIBUTIONS RULE
Section 2.81.10.8 - SURPLUS-AMOUNT CONTRIBUTION
Current through Register Vol. 35, No. 18, September 24, 2024
Post-1997 participating employers must pay the applicable surplus-amount contribution for each NMRHCA fiscal year beginning with FY91 through the fiscal year in which the employer is accepted into the NMRHCA program.
A. The surplus-amount contribution for each of the NMRHCA's fiscal years since the inception of the NMRHCA (Paragraph (2) of Subsection C of 2.81.10.8 NMAC) is calculated by using either the retiree formula or the active employee formula. On a case by case basis, the formula which results in the greater contribution payment to the NMRHCA shall be used to set the surplus-amount contribution of each post-1997 participating employer.
B. EXTENDED PAYMENTS AND INTEREST: Post-1997 participating employers may either pay the entire surplus-amount contribution upon being accepted into the NMRHCA program or choose to pay the fee over an extended period of time. Post-1997 participating employers that elect to pay the surplus-amount contribution over time, shall have no more than 13 years to complete such payments. Interest in the amount of seven and one-half percent (7.5 %) per annum shall accrue and be charged on all surplus-amount contribution amounts not paid within 30 days of the employer's acceptance into the program, except that, on the basis of its unique equitable circumstances in having submitted its participation petition prior to January 1, 1998, and having been denied participation at that time solely due to its technical ineligibility, the middle Rio Grande conservancy district, notwithstanding the other provisions of this section, in paying its surplus-amount contribution over time, may pay interest at the rate of five percent (5 %) per annum. The NMRHCA will provide each employer with a payment schedule of monthly principal/interest payments.
C. The NMRHCA trust fund surplus amounts for past years (through FY97) are as follows:
Fiscal Year 91 = $888.18 per retiree (Paragraph (2) of Subsection C of 2.81.10.8 NMAC) $129.19 per active employee.
Fiscal Year 92 = $679.54 per retiree - $102.19 per active employee.
Fiscal Year 93 = $358.76 per retiree - $ 56.73 per active employee.
Fiscal Year 94 = $801.74 per retiree - $137.41 per active employee.
Fiscal Year 95 = $713.84 per retiree - $132.82 per active employee.
Fiscal Year 96 = $887.07 per retiree - $174.64 per active employee.
Fiscal Year 97 = $993.61 per retiree - $213.07 per active employee.
D. The post-1997 participating employer can determine the percentage of the surplus-amount contributions and interest to be paid by its employees, provided that the employees' percentage does not exceed one-third of the total amount.
E. Notwithstanding and in lieu of Subsection A, post 2006 participating employers must pay the actuarial accrued liability associated with their participating retirees and active employees determined in accordance with the statements of the governmental accounting standards board (GASB).