New Mexico Administrative Code
Title 2 - PUBLIC FINANCE
Chapter 82 - EDUCATIONAL RETIREMENT
Part 4 - SERVICE CREDIT
Section 2.82.4.11 - SICK LEAVE SERVICE CREDIT
Current through Register Vol. 35, No. 18, September 24, 2024
A. Beginning July 1, 2020, a member may pay to convert unused sick leave to earned service credit in accordance with Section 22-11-34.1 NMSA 1978. Earned service credit that is purchased in accordance with Section 22-11-34.1 NMSA 1978 shall be known as "sick leave service credit." To purchase sick leave service credit a member shall:
B. The member shall make full payment in a single lump sum within 90 calendar days of the date that the member is informed of the amount of the payment.
C. The board may accept rollovers or transfers for the purchase of sick leave service credit if the following conditions are met:
D. Any sick leave for which the member has been paid or which the member has otherwise used shall not be eligible for conversion to sick leave service credit.
E. The member shall only be eligible to convert his or her own earned sick leave to earned service credit. Donated sick leave or sick leave available to the member from a sick leave bank or similar repository shall not be eligible for conversion to sick leave service credit.
F. The LAU employing the member shall certify to ERB:
G. The director shall review the member's application for sick leave service credit and the information certified by the LAU. The director may request additional documentation or information from the LAU or the member that may be relevant to the processing of the application.
H. Unused sick leave that is converted to earned service credit shall be cancelled by the LAU and shall no longer be available to the member for use as sick leave or as a basis for monetary payment.
I.If a member receives a refund of the member's contributions, all sick leave service credit shall be cancelled from the member's account and shall not be available for purchase or be reinstated.
J. Conversion of unused sick leave to earned service credit is irrevocable. Sick leave service credit shall not convert back into or become unused sick leave.
K. Payments received by ERB for the purchase of sick leave service credit are nonrefundable.
L. A retired member who has not suspended their benefit and who has returned to employment with an LAU is not eligible to purchase sick leave service credit. Sick leave earned by a retired member who has not suspended their benefit and who has returned to employment with an LAU shall not be eligible for conversion to sick leave service credit.