TITLE 2 PUBLIC FINANCE
CHAPTER 80 PUBLIC EMPLOYEES RETIREMENT
PART 1800 EXECUTIVE DIRECTOR
2.80.1800.1 ISSUING AGENCY: Public Employees Retirement Association, 33 Plaza La Prensa, Santa Fe, New Mexico 87507.
[10/15/1997; 2.80.1800.1 NMAC - Rn, 2 NMAC 80.1800.1, 12/28/2001; A, 12/28/2021]
2.80.1800.2 SCOPE: This rule applies to the retirement board and the executive director under the Public Employees Retirement Act. This rule affects the members, former members, retirees, beneficiaries, public employers and the association under the Public Employees Retirement Act.
[10/15/1997; 11/15/1997; 2.80.1800.2 NMAC - Rn, 2 NMAC 80.1800.2, 12/28/2001]
2.80.1800.3 STATUTORY AUTHORITY: This rule is authorized by Section 10-11-130, 10-11-131 NMSA 1978, as amended.
[10/15/1997; 2.80.1800.3 NMAC - Rn, 2 NMAC 80.1800.3, 12/28/2001]
2.80.1800.4 DURATION: Permanent.
[10/15/1997; 2.80.1800.4 NMAC - Rn, 2 NMAC 80.1800.4, 12/28/2001]
2.80.1800.5 EFFECTIVE DATE: July 1, 1993 unless a different date is cited at the end of a section.
[10/15/1997; 2.80.1800.5 NMAC - Rn, 2 NMAC 80.1800.5, 12/28/2001]
2.80.1800.6 OBJECTIVE: The objective of this rule is to clarify the authority of the executive director, and to provide for an annual evaluation of the executive director by the retirement board.
[10/15/1997; 11/15/1997; 2.80.1800.6 NMAC - Rn, 2 NMAC 80.1800.6, 12/28/2001]
2.80.1800.7 DEFINITIONS: [RESERVED]
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. The executive director shall attest to official actions of the board when required.
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]
HISTORY of 2.80.1800 NMAC:
Pre-NMAC History: The material in this part was derived from that previously filed with the State Records Center and Archives under: PERA Rule 1800.0, Executive Secretary, filed on 10/21/1988; PERA Rule 1800, Executive Secretary, filed on 7/1/1993.