New Mexico Administrative Code
Title 2 - PUBLIC FINANCE
Chapter 83 - JUDICIAL RETIREMENT
Part 1100 - RETIRED MEMBERS
Section 2.83.1100.20 - POST-RETIREMENT EMPLOYMENT
Current through Register Vol. 35, No. 18, September 24, 2024
A.A member who retires must remain unemployed by an employer covered by any state system or the educational retirement system. This section does not apply to a retired member who:
B. When a retired member is subsequently employed by an affiliated public employer or an employer covered by the educational retirement system, the retired member shall notify PERA immediately of the hire date, position and salary of the subsequently employed retired member.
C. The retired member's pension shall be suspended effective the first of the month following the month in which the subsequent employment begins.
D. If a retired member fails to report earnings from subsequent employment with an affiliated public employer or an employer covered by the educational retirement system, and consequently continues to receive pension payments after such payments should have been suspended pursuant to the requirements of Section 10-12B-17 NMSA 1978 and rules promulgated thereunder, the retired member will be required to repay to PERA any amounts erroneously received, plus interest at the rate set by the board for overpayments. If erroneously paid pension payments have not been repaid when the subsequent employment is terminated and the retired member has applied for reinstatement of the pension, the erroneously paid amount must be repaid in full before the pension may be reinstated or the subsequently employed retired member must make arrangements acceptable to PERA for the erroneously paid amount to be withheld from the reinstated pension until fully repaid.
