Section 16. Return To Work .25 Fte Or Less

A. A retired member may return to employment (includes “substitution”) at a level of .25 FTE or less without affecting the retired member’s retirement benefit provided the retired member submits a return to work application and is approved by ERB prior to commencing employment. B. In the event that a retired member enters into an agreement which provides for employment at a level greater than .25 FTE or actually works greater than .25 FTE becomes ineligible to receive retirement benefits. The retired member’s retirement benefit will be suspended for the unauthorized period of the employment, and the retired member will be returned to an active status effective the first day of the month following the month in which the retired member’s employment exceeded .25 FTE. The retired member shall pay the educational retirement fund a sum equal to all retirement benefits 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 employment that would disqualify them from retirement under the Educational Retirement Act and must reapply for retirement. [2.82.5.16 NMAC - Rp, 2.82.5.16 NMAC, 7/1/2024] 2.82.5.17 RETURN TO WORK LESS THAN $15,000 PER YEAR: A. A retired member may return to employment (includes “substitution”) pursuant to Subsection H 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 an LAU for at least 90 consecutive days after the date of retirement; (2) prior to the date of retirement or within 90 days after the date of retirement, the retired member did not enter into a formal or informal agreement with a LAU or a contractor providing services to a LAU to return to employment; (3) the retired member earns less than fifteen thousand ($15,000) per fiscal year; and (4) The retired member submits a return to wo days after the date of retirement; (2) prior to the date of retirement or within 90 days after the date of retirement, the retired member did not enter into a formal or informal agreement with a LAU or a contractor providing services to a LAU to return to employment; (3) the retired member earns less than fifteen thousand ($15,000) per fiscal year; and (4) The retired member submits a return to work application and is approved by ERB prior to commencing employment. B. If a retired member earns fifteen thousand ($15,000) or more per fiscal year, the retired member becomes ineligible to receive retirement benefits and the retired member’s retirement benefit shall be suspended for the duration of the employment 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 has earnings in excess of the above limit. The retired member shall pay the educational retirement fund a sum equal to all retirement benefits 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.