2020 New Mexico Statutes
Chapter 22 - Public Schools
Article 11 - Educational Retirement
Section 22-11-25 - Retirement; reemployment.

A. A member retired pursuant to the provisions of the Educational Retirement Act may be removed from retirement status by returning to employment. A reemployed member shall make regular contributions pursuant to the Educational Retirement Act. Upon termination of reemployment, the member shall be eligible for retirement benefits again based upon all service credit acquired. In no case shall the retirement benefits be less than the member was receiving prior to the member's reemployment.

B. At the time of retirement following a period of reemployment, the member's retirement benefits shall be paid in accordance with the terms of the option selected at the time of the first retirement.

History: 1953 Comp., § 77-9-24, enacted by Laws 1967, ch. 16, § 148; 2017, ch. 21, § 10.

The 2017 amendment, effective June 16, 2017, removed outdated provisions in the section regarding retirement benefits following reemployment; in Subsection A, after "Education Retirement Act may", deleted "remove himself" and added "be removed", after "based upon all", deleted "service-credit" and added "service credit", after "receiving prior to", deleted "his" and added "the member's", and after the next occurrence of "reemployment", deleted the remainder of the subsection, which related to the amount of retirement benefits following reemployment; deleted former Subsection B and redesignated former Subsection C as Subsection B; and in Subsection B, after "first retirement.", deleted the remainder of the subsection.

Suspension of benefits upon resumption of employment. — An employee of a public school system, retired pursuant to the provisions of the Educational Retirement Act, may not resume employment with the department of education without suspension of her educational retirement benefits. 1987 Op. Att'y Gen. No. 87-38 (decided under former Section 10-11-8 NMSA 1978).

The suspension provisions of the disbursing system apply to the benefits granted pursuant to the [Public Employees Retirement] Reciprocity Act to a member retired under the public employee retirement association and the educational retirement system who resumes employment. 1988 Op. Att'y Gen. No. 88-22.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Validity of legislation providing for additional retirement or disability allowances for public employees previously retired or disabled, 27 A.L.R.2d 1442.