HB 73 — EDUCATIONAL RETIREES RETURNING TO WORK

HOUSEAN BILLACT 73RELATING 55THTO LEGISLATUREEDUCATIONAL -RETIREMENT; STATEOFNEWMEXICO- SECOND SESSION , 2022 INTRODUCED BY Joy Garratt and Phelps Anderson and T.

RyanALLOWING LaneCERTAIN ThisRETIREES documentTO mayRETURN incorporateTO amendmentsWORK proposedWITHOUT byA aSUSPENSION committee,OF butRETIREMENT notBENEFITS. yet adopted, as well as amendments that have been adopted during the current legislative session.

The6 documentBE isIT aENACTED toolBY toTHE showLEGISLATURE amendmentsOF inTHE contextSTATE andOF cannotNEW beMEXICO: used for the purpose of adding amendments to legislation.

hSECTION AN1. ACT g o RELATING TO EDUCATIONAL RETIREMENT;

ALLOWINGSection CERTAIN22-11-25.1 RETIREESNMSA t1978 hr(being gLaws e2001, iChapter k283, TOSection RETURN2, TOas WORKamended) WITHOUTis Aamended SUSPENSIONto OFread: RETIREMENT BENEFITS.

h"22-11-25.1. r i s h , t, BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

eRETURN uTO gEMPLOYMENT--BENEFITS-- eCONTRIBUTIONS.-- bA. l e e h SECTION 1.

SectionExcept 22-11-25.1as NMSAotherwise 1978provided (beingin LawsSubsections 2001,B, nF, dH dand iI =of =this osection, huntil ChapterJanuary 283,1, Section2024, 2,a asretired amended)member who begins employment with a local administrative unit at a level greater than one-quarter full-time employee, regardless of salary level, is amendedrequired to read:suspend the member's retirement benefits until the end of that employment unless the member has not rendered service to a local administrative unit for at least twelve consecutive months after the date of retirement.

l ] b ,d i a º e "22-11-25.1.

RETURN TO EMPLOYMENT--BENEFITS-- r i = r t e w d m a n o CONTRIBUTIONS.-- d m :

b e d s º o t n = .221690.2AIC January 24, 2022 (3:30pm) s k m e e a n e d r e l u [ A d HB73/a A.

Except as otherwise provided in Subsections B, F, [and ] H and I of this section, until January 1, 2024, a retired member who begins employment with a local administrative unit at a level greater than one-quarter full- time employee, regardless of salary level, is required to suspend the member's retirement benefits until the end of that employment unless the member has not rendered service to a local administrative unit for at least twelve consecutive months after the date of retirement.

HB 73/a Page 1 C.

A retired member who returns to employment with h a local administrative unit in accordance with this section is u » r t h entitled to receive retirement benefits during that employment g e l i but is not entitled to acquire or purchase service credit for h r i s that employment.

h , e h D.

A retired member may return to employment with a t u g e b l e e , gh local administrative unit only if the member submits an n d d i = = o h application to return to work, on a form prescribed by the l ] b ,d i a º r board, the board approves the application and the applicant e r = t e w d m a n o complies with other application rules promulgated by the board.

dE. m :

bA rretired emember twho ºreturns oto temployment npursuant =to .221690.2AICSubsection JanuaryA, 24,B, 2022F (3:30pm)or sI kof mthis esection -2-shall emake anonrefundable ncontributions eto dthe rfund eas lwould ube [required Aby dSection HB73/a22-11-21 E.NMSA 1978 if the retired member were a non-retired employee.

A retired member who returns to employment pursuant to Subsection A, B HECºor F»HEC HECº, F or I»HEC of this section shall make nonrefundable contributions to the fund as would be required by Section 22-11-21 NMSA 1978 if the retired member were a non-retired employee.

Until January 1, 2024, a retired member who retired on or before January 1, 2001, who suspended or was required to suspend retirement benefits under the Educational Retirement Act is not required to suspend the member's retirement benefits if the retired member has not rendered service to a local administrative unit for an additional twelve or more consecutive months, not including any part of HB 73/a Page 2 a summer or other scheduled break or vacation period, after the initial date of retirement.

A retired member who returns to employment with h u a local administrative unit shall make contributions to the » r t h g e retiree health care fund during the period of that employment l i h r and in the amount specified in Section 10-7C-15 NMSA 1978.

The i s h , local administrative unit employing the retired member shall e h t u g e b l likewise make contributions during the period of that e e , gh n d d i employment and in the amount specified in that section.

= = o h l ] b ,d H.

A retired member may return to employment with a i a º r e r = t e w d local administrative unit without a suspension of the member's mretirement abenefits; n o d m :

b r e t º o t n = .221690.2AIC January 24, 2022 (3:30pm) s k m e -3- e a n e d r e l u [ A d HB73/a retirement benefits;

A retired member may return to employment with a local administrative unit without a suspension of the HB 73/a Page 3 member's retirement benefits;

(1) the retired member has not rendered service to a local administrative unit for at least ninety days h g o after the date of retirement;

and t hr g e (2) the retired member returns to employment i k h r for a period of no more than thirty-six consecutive or i s h , t, nonconsecutive months pursuant to this subsection.

e u g e b l [I.] J.

e e h n d d i (1) "rendered service" includes employment, = = o h l ] b ,d whether full or part time;

voluntarily i a º e r i = r t e w d performing duties that would otherwise be, or in the past have mbeen, performed by a npaid oemployee dor mindependent :contractor;

b e d s º o t n = .221690.2AIC January 24, 2022 (3:30pm) s k m e -4- e a n e d r e l u [ A d HB73/a been, performed by a paid employee or independent contractor;

and (2) "local administrative unit" includes any entity incorporated, formed or otherwise organized by, or subject to the control of, a local administrative unit, regardless of whether the entity is created for profit or nonprofit purposes." -5-HB »73/a gPage o4 »25 r h t i k l i g t h s , e h t l i w l b l e e , gh n d l h = = b , a l º d i a r e r = , a t e d m a n o d m :

b r e t º o t n = .221690.2AIC January 24, 2022 (3:30pm) s k m e e a n e d r e l u [ A d