New Mexico Register / Volume XXXII, Issue 24 / December 28, 2021
This is an amendment to 2.80.1800 NMAC,
Sections 1, 8, 9, 10 and 11, effective 12/28/2021.
2.80.1800.1 ISSUING
AGENCY: Public Employees Retirement
Association, [P. O. Box 2123] 33 Plaza La Prensa, Santa Fe, New
Mexico [87504-2123] 87507.
[10/15/1997; 2.80.1800.1 NMAC - Rn, 2 NMAC 80.1800.1, 12/28/2001; A, 12/28/2021]
2.80.1800.8 GENERAL PROVISIONS
A. The
board, at a regular meeting, shall employ an executive director who shall serve
at the pleasure of the board and at a salary set by the board. The
executive director shall be the chief administrative officer of the board and
of the association and serve as a fiduciary to the retirement fund. [He or she] The executive director
shall attest to official actions of the board when required [and shall serve
at the pleasure of the board].
B. The executive director is authorized to approve duly executed applications for affiliation by public employers, and applications for normal, disability and survivor pensions in order to insure timely processing of retirement pensions. In cases of disability retirement applications, approval by the disability review committee is necessary prior to approval by the executive director. All approvals by the executive director for pensions must be submitted for ratification by the board at its next regular meeting.
C. The executive director is authorized to perform any acts required of the board pursuant to a proper delegation of authority and rules and policies and procedures adopted by the board.
D. The board shall conduct an annual written evaluation of the executive director by the anniversary date of the appointment of the executive director.
E. The
executive director shall adhere to the standards set forth in and be subject to
the enforcement provisions of the New Mexico Governmental Conduct Act.
[10/15/1997; 11/15/1997; 2.80.1800.8 NMAC - Rn, 2 NMAC 80.1800.8, 12/28/2001; A, 12/28/2021]
2.80.1800.9 CONDUCT OF BUSINESS
A. The
business affairs of the board shall be conducted by the executive director
within the authority outlined by the public employees retirement act and rules
and policies and procedures adopted by the board.
B. On
behalf of the board, the executive director is authorized to execute vouchers,
delegate others to execute vouchers, buy and sell, or assign, or otherwise
acquire or dispose of stocks, bonds, notes, or other securities held by the
board, and execute such other documents as may be necessary to the
administration of the public employees retirement act.
C. The
executive director shall obtain the board’s approval before requesting a formal
opinion interpreting the law from the attorney general. The director may,
however, obtain advice, either oral or written, from the attorney general as
the need may arise.
D. The
executive director is authorized to decide whether the association will seek
lead plaintiff status in securities class action lawsuits in order to ensure a
timely decision is made in accordance with applicable deadlines set out by the
court. The executive director shall promptly apprise the board chair of such
decisions. All such decisions shall be presented at the next board meeting and
the board may ratify or reject the executive director’s decision. If the board
rejects the executive director’s decision, the association shall seek to remove
itself from lead plaintiff status.
E. The
executive director may recommend and propose repeal, replacement, amendments,
or new rules for action by the board. Any such recommendation shall be provided
to each board member with the agenda for the meeting at which the
recommendation will be considered, within a reasonable time, prior to being
considered by the board.
[2.80.1800.9 NMAC – N, 12/28/2021]
2.80.1800.10 ADMINISTRATIVE BUDGETS:
A. The
executive director shall prepare budgets and requests for appropriations, which
shall be considered and approved by the board prior to submission to the
department of finance and administration or legislature.
B. The
executive director shall annually prepare an organizational chart coincident
with the adoption of the budget. This chart shall include a description of all
positions required for the operation of the association, and the executive
director shall be responsible for staffing these positions. This responsibility
shall include the authority for the employment, promotion, demotion and
dismissal of all employees.
[2.80.1800.10 NMAC – N, 12/28/2021]
2.80.1800.11 ACTUARY:
The executive director shall contract with
an actuarial firm to be engaged for the purpose of performing routine actuarial
services and annual actuarial valuations to be provided for in a contract to be
approved by the board, subject to compliance with the procurement code rules
and procedures.
[2.80.1800.11 NMAC – N, 12/28/2021]