Section 18. Return To Work 36 Months

A. A retired member may return to employment pursuant to Subsection I of Section 22-11-25.1 NMSA 1978 without affecting the retired member’s retirement benefit provided that: (1) the retired member has not rendered service to a local administrative unit for at least 90 consecutive days after the date of retirement; (2) the retired member returns to employment for a period of no more than 36 consecutive or nonconsecutive months; and (3) the retired member submits a return to work application and is approved by ERB prior to commencing employment. B. If a retired member returns to employment for more than 36 consecutive or nonconsecutive months pursuant to Subsection I of Section 22-11-25.1 NMSA 1978, the retired member becomes ineligible to receive retirement benefits and the retired member’s retirement benefit shall be suspended for the period of employment which exceeds 36 consecutive or nonconsecutive months and the retired member shall be returned to active status effective the first day of the month following the month in which the retired member’s employment 2.82.5 NMAC 7 exceeded 36 consecutive or nonconsecutive months. The retired member shall pay the educational retirement fund a sum equal to all retirement payments the retired member received while ineligible. C. If suspended, before the member’s monthly retirement benefits can resume, the suspended retired member must certify to ERB and provide documentation from their employer(s) verifying that they have terminated all LAU employment and must reapply for retirement. The member’s retirement will commence as of the first day of the month following the date ERB has received the necessary documentation. [2.82.5.18 NMAC - Rp, 2.82.5.18 NMAC, 7/1/2024] 2.82.5.19 TERMINATION OF PLAN; ACCRUED RIGHTS OF MEMBERS: The rights of members to benefits accrued, to the extent funded, will become vested to the extent required by and upon the events set forth in Treas. Reg. Section 1.401-6(a)(1). See 26 CFR 1.401-6.