HB 154 PUBLIC RETIREES RETURNING TO WORK

Rep William Rehm

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Scheduled: Not Scheduled

 House Bill 154 (HB 154) This act is related to public employees in the state of New Mexico. The act outlines conditions under which certain public employees may retire and subsequently return to work for affiliated public employers.  

 House Bill 154 (HB 154) Normal Retirement Conditions:  
•	A member may retire under specific conditions, including filing a written application, terminating employment with covered employers, selecting an effective retirement date, and meeting age and service credit requirements.
Normal Retirement Pension:
•	The amount of normal retirement pension is determined according to the coverage plan applicable to the member.
Return to Employment After Retirement:
•	Retired members may be subsequently employed by an affiliated public employer under certain provisions.  
•	Conditions include a twelve-month break from employment with the same affiliated public employer, suspension of pension during subsequent employment, and resumption of pension upon termination of subsequent employment.
Exceptions to Return to Employment Conditions:
•	Certain exceptions apply, such as retired members employed by the legislature for legislative session work, temporary employment for election-related work, or retired members elected to serve a term as an elected official.
Entitlement to Retirement Benefits During Subsequent Employment:
•	Retired members returning to employment during retirement are entitled to receive retirement benefits but are not entitled to accrue service credit for the period of subsequent employment.
Option to Become a Member During Subsequent Employment:
•	Retired members during subsequent employment may choose to become a member, subject to specific conditions.
Provisions for Retired Members Returning to Work Before July 1, 2010:
•	Conditions for retired members who returned to work with an affiliated public employer prior to July 1, 2010, are outlined.
Special Provisions for Magistrate Retirement Act or Judicial Retirement Act:
•	Special provisions apply if a retired member is employed and covered under the Magistrate Retirement Act or Judicial Retirement Act.  
Determination of Pension for Members with Service Credit Under Multiple Plans:
•	Rules for determining the pension of a member who has earned service credit under more than one coverage plan are specified.
Subsequent Employment in Specific Positions:
•	Retired members may be subsequently employed in specific positions, such as certified law enforcement officers, municipal detention officers, water resource professionals, etc.
Conditions for Subsequent Employment in Specific Positions:
•	Specific conditions apply for retired members subsequently employed in certain positions, including a waiting period, limitations on the size of municipalities, retirement before December 31, 2023, continued payment of pension, and other provisions.

The effective date of the provisions of this act is July 1, 2024.