New Mexico Register / Volume XXXII, Issue 24 / December 28, 2021
This is an amendment to 2.80.200 NMAC, Sections 50, 60
and 70, effective 12/28/2021.
2.80.200.50 COMMITTEES:
A. The
chair shall appoint no more than six board members to each of the following
standing committees: rules and administration, audit and budget, legislative,
investments, [and] deferred compensation, investment plan, and
governance. The disability review
committee shall have at least three but no more than five board members. The chair of the board shall appoint the
chair of each committee. Though the
board shall have standing committees, the board chair reserves the right to
cancel any committee meeting and allow the entire board to discuss and act on
matters that may be within the subject matter of standing committees.
(1) The rules and administration committee shall consider and recommend to the board new rules and amendments to or repeal of existing rules governing the organization and operation of the board and the association. Administrative matters requiring specific direction from the board may also be considered by the committee.
(2) The audit and budget committee shall provide policy assistance to the board and the executive director of PERA in fulfilling PERA's responsibilities for accounting, auditing, budgeting, and the quality and integrity of the financial reports of the association.
(3) The legislative committee shall consider and recommend to the board proposals for new statutes and amendments to or repeal of existing statutes. The committee shall also monitor the introduction and progress of proposed legislation affecting the board or association and report this information to the board.
(4) The disability review committee is described in 2.80.1000.20 NMAC.
(5) The investment committee shall review and monitor the administration of the investment policy adopted by the board.
(6) The deferred compensation committee shall review and monitor the administration of the deferred compensation plan investment policy adopted by the board.
(7) The governance committee shall develop, review and monitor
compliance with the board’s policies and procedures, code of conduct, and board
complaint procedure and recommend to the board proposed board disciplinary actions.
B. The
chair, with the advice and consent of the board, [shall] may appoint
an election committee to consist of nine members of the association: four
members from state departments, two members from non-county municipal
employers, one member from a county employer and two retired members.
(1) The election committee shall serve until replaced by the chair and shall receive no compensation other than that authorized by the Per Diem and Mileage Act.
(2) The duties of the election committee are described in 2.80.200.60, 2.80.200.70 and 2.80.200.80 NMAC.
C. From
time to time, the board may authorize, and the chair may appoint, such ad hoc
committees as the board finds necessary.
D. Board
members appointed to committees shall adhere to the standards set forth in and
be subject to the enforcement provisions of the New Mexico Governmental Conduct
Act.
[2.80.200.50 NMAC - Rp, 2.80.200.50 NMAC, 12/30/2015; A, 12/28/2021]
2.80.200.60 ELECTION OF RETIRED BOARD MEMBERS:
A. During the January monthly meeting, the retirement board shall adopt a resolution specifying when nominating petitions are due to be returned to PERA or an independent contractor hired by PERA to assist with the election. These nominating petitions are due not earlier than six months prior and not later than one month prior to the election for the position of retired board member. The resolution shall also specify whether the method of voting shall include mailed paper ballots, online electronic ballots or other method approved by the board.
B. Any retired member who is receiving a disability or normal retirement pension under the Public Employees Retirement Act, Judicial Retirement Act or the Magistrate Retirement Act is eligible for election to a retired board member position.
C. Nominating petitions shall be signed only by retired members under the Public Employees Retirement Act, Judicial Retirement Act or the Magistrate Retirement Act. To be eligible, a candidate must have a minimum of 50 nominations. A valid nomination shall include a signature, legible printing of the retiree’s name, and one of the following:
(1) the last four digits of the retiree’s social security number;
(2) the retiree’s date of birth;
(3) the retiree’s PERA identification number. A nomination that does not include at least one of these elements may not be counted. For purposes of this subsection, “signature” shall include an electronic signature, in any digital format, from a single identifiable e-mail address. A retired member may sign more than one nominating petition for different candidates. The five candidates with the highest number of nominations shall be included on the ballot and the other or others shall be eliminated. The names of the five retired members receiving the highest number of nominations shall be placed on the election ballot in descending order according to the number of signatures received. In case of a nominating tie, the election committee shall determine the names and order in which they are placed on the ballot by lottery or similar method.
D. In the event any nominee is unable or unwilling to accept a nomination, that nominee's name shall be removed from the ballot and the resulting vacancy on the ballot shall not be filled. If the inability or unwillingness to accept a nomination occurs after the ballots have been printed the election committee shall treat all votes cast for that nominee as void.
E. If only one retiree is nominated for a retired board member position, the election shall be cancelled and that retiree shall automatically be declared the winner for the retired board member position pursuant to 2.80.200.80 NMAC.
F. Only retired members under the Public Employees Retirement Act, Judicial Retirement Act or the Magistrate Retirement Act shall be eligible to participate in the election of retired board members.
G. The campaign contribution limit of $25.00 contained in Subsection B of Section 10-11-130.1 NMSA 1978 (2000) shall apply to each four year term retired board member election.
[2.80.200.60
NMAC - Rp, 2.80.200.60 NMAC, 12/30/2015; A, 3/14/2017; A, 12/28/2021]
2.80.200.70 ELECTION OF NON-RETIRED BOARD MEMBERS:
A. During the January monthly meeting, the retirement board shall adopt a resolution specifying when nominating petitions are due to be returned to PERA or an independent contractor hired by PERA to assist with the election. These nominating petitions are due not earlier than six months prior and not later than one month prior to the election for the position of non-retired board member. The resolution shall also specify whether the method of voting shall include mailed paper ballots, online electronic ballots or other method approved by the board.
(1) Candidates nominated for any non-retired board member position shall be vested members under the Public Employees Retirement Act, Judicial Retirement Act or the Magistrate Retirement Act.
(2) Only state members, including members under the Judicial Retirement Act or the Magistrate Retirement Act, may nominate candidates for state board member positions. Only county members may nominate candidates for the county board member position. Only non-county municipal members may nominate candidates for the remaining municipal board member positions.
(3) To be eligible, a candidate must have a minimum of 150 valid nominations of non-retired PERA members from the candidate’s membership group on his or her nominating petition. A valid nomination shall include a signature, a legible printing of the member’s name, the member’s current employer and one of the following:
(a) the last four digits of the member’s social security number;
(b) the member’s date of birth; or
(c) the member’s PERA identification number.
A nomination that does not include at least one of these elements may not be counted. For purposes of this subsection, “signature” shall include an electronic signature, in any digital format, from a single identifiable e-mail address. A member may sign more than one nominating petition for different candidates.
(4) The five candidates with the highest number of nominations for each non-retired position shall be included on the ballot and the other or others shall be eliminated. The names of the five non-retired members receiving the highest number of nominations for a position shall be placed on the election ballot in descending order according to the number of signatures received. In case of a nominating tie, the election committee shall determine the names and order in which they are placed on the ballot by lottery or similar method.
(5) In the event any nominee is unable or unwilling to accept the nomination, his or her name shall be removed from the ballot and the vacancy on the ballot shall not be filled. If such a vacancy occurs after the ballots have been printed, the election committee shall treat all votes cast for that candidate as void.
(6) If only one member is nominated for a non-retired board member position, the election shall be cancelled and that member shall automatically be declared the winner for the non-retired board member position pursuant to 2.80.200.80 NMAC.
(7) All members of record of the membership group for which the election is held shall be eligible to receive a ballot as provided in Subparagraph (a) of Paragraph (8) below, except that only county members shall vote in elections for the county member position, and shall not be eligible to vote in elections for non-county municipal positions. The applicable membership group for any member who is no longer a currently employed, contributing employee of an affiliated public employer shall be determined as of the last date on which the member was a currently employed, contributing employee of an affiliated public employer.
(8) For purposes of the election of non-retired board members, “member of record” shall mean the following:
(a) all persons listed in PERA electronic membership history records as members, including members covered under the Public Employees Retirement Act, Judicial Retirement Act or the Magistrate Retirement Act, no more than 60 days prior to the date of mailing ballots;
(b) all persons who have filed with PERA a valid application for membership form 60 days or more prior to the date of mailing ballots;
(c) while members of record shall qualify to receive a ballot, in the case of those new members listed in Subparagraph (b) of Paragraph (8) of Subsection A of 2.80.200.70 NMAC, a written request for a ballot must be made to PERA.
(9) For purposes of the election of non-retired board members:
(a) ballots shall be mailed to all non-county municipal members of record in the case of an election of a non-county municipal board position;
(b) ballots shall be mailed to all county municipal members of record in the case of an election of the county municipal board position; and
(c) ballots shall be mailed to all state members of record in the case of an election of a state board position.
B. The campaign contribution limit of $25.00 contained in Subsection B of Section 10-11-130.1 NMSA 1978 (2000) shall apply to each four year term non-retired board member election.
[2.80.200.70 NMAC - Rp, 2.80.200.70 NMAC, 12/30/2015; A, 3/14/2017; A, 12/28/2021]