N.M. Admin. Code § 2.83.1100.40

Current through Register Vol. 35, No. 23, December 10, 2024

Section 2.83.1100.40 - INDEPENDENT CONTRACTORS

If a retired member contracts to perform work for any public employer, the following conditions shall apply:

A. Post-retirement employment contracts with public employers must be submitted to PERA at least 15 working days prior to the effective date of the contract. PERA shall evaluate the contract to determine whether, under the terms of the contract, the retired member is an "employee" or an "independent contractor". In making this determination, PERA shall refer to the common-law control test guidelines as expressed in the Social Security Handbook published by the U.S. Department of Health and Human Services, as revised and amended. If PERA determines the retired member is actually an "employee" rather than an "independent contractor" under the terms of the contract, the retired member's pension will be suspended immediately. If the retired member disagrees with PERA's determination, the retired member may appeal PERA's decision pursuant to 2.83.1000 NMAC.

B. Renewals, amendments or modifications of previously approved post-retirement contracts shall also be submitted to PERA for evaluation 15 working days prior to their effective date. The provisions of this section will apply to such renewals, amendments or modifications.

N.M. Admin. Code § 2.83.1100.40

10-15-97; 11-15-97; 2.83.1100.40 NMAC - Rn & A, 2 NMAC 83.1100.40, 12-28-00

Adopted by New Mexico Register, Volume XXVI, Issue 12, June 30, 2015, eff. 7/1/2015