New Mexico Administrative Code
Title 2 - PUBLIC FINANCE
Chapter 84 - MAGISTRATE RETIREMENT
Part 1100 - RETIRED MEMBERS
Section 2.84.1100.40 - INDEPENDENT CONTRACTORS

Universal Citation: 2 NM Admin Code 2.84.1100.40

Current through Register Vol. 35, No. 18, September 24, 2024

If a retired member contracts to perform work for any public employer, the following conditions shall apply:

A. Post-retirement employment contracts with public employers must be submitted to PERA at least 15 working days prior to the effective date of the contract. PERA shall evaluate the contract to determine whether, under the terms of the contract, the retired member is an "employee" or an "independent contractor". In making this determination, PERA shall refer to the common-law control test guidelines as expressed in the social security handbook published by the U.S. department of health and human services, as revised and amended. If PERA determines the retired member is actually an "employee" rather than an "independent contractor" under the terms of the contract, the retired member's pension will be suspended immediately. If the retired member disagrees with PERA's determination, the retired member may appeal PERA's decision pursuant to 2.84.1000 NMAC.

B. Renewals, amendments or modifications of previously approved post-retirement contracts shall also be submitted to PERA for evaluation 15 working days prior to their effective date. The provisions of this section will apply to such renewals, amendments or modifications.

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