New Mexico
Register / Volume XXXV, Issue 3 / February 13, 2024
This is an amendment to
20.80.200 NMAC, Sections 30, 60, 70 and 80, effective February 13, 2024.
2.80.200.30 VACANCY
ON THE BOARD:
A. In the event any
member of the PERA board retires from his or her job, resigns from the board, is
removed from the board or dies, except the ex-officio members of the board,
that member shall be considered to have resigned from the board and the board
shall, by resolution, declare that office vacant as of the date of the adoption
of such resolution. Such resolution
shall be adopted within 30 days after the board member's retirement,
resignation, removal or death.
Members of the retirement board shall serve until their successors have
qualified.
B. In the event any
member of the PERA board, except the ex-officio members of the board, ceases
employment with an affiliated public employer, and is not reemployed by an
affiliated public employer from the same membership (state, county or
non-county municipal) group from which that member was elected within 30 days,
that member shall be considered to have resigned from the board. For purposes of 2.80.200.30 NMAC, the term
“ceases employment” shall include leave without pay status that extends for
more than 12 weeks.
C. The resolution
declaring the vacancy shall be publicized immediately in conjunction with a
notice inviting eligible individuals to apply for appointment to the position
within 30 days of the publication of notice of vacancy. Publication shall be, at the minimum, by
special notice to employees in the affected membership group through their
employers. The board shall select the
new member from among the interested persons who apply pursuant to the
publication of the notice of vacancy. If
no applications are received, the board shall entertain nominations by the
members present.
D. Any vacancy of
member, except ex-officio member, occurring on the board shall be filled by a
quorum of the remaining board members, [even though a quorum not be
present,] at a regularly scheduled board meeting or special board
meeting within 90 days after the adoption of the resolution declaring the
vacancy. The member selected to fill the
vacancy shall be selected from the membership group, whether state, county or
non-county municipal or retired member, which experienced the vacancy. If a vacancy in the municipal membership
group is that of a county member, the replacement member shall be a county
employee. The selected member must
meet all eligibility requirements of elected members and shall be appointed
to serve for the remainder of the vacated term.
[2.80.200.30
NMAC - Rp, 2.80.200.30 NMAC, 12/30/2015; A, 02/13/2024]
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] Except
as provided in Subsection F of this section, only a 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]
shall be 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 for inclusion on the ballot,
a candidate must have a minimum of 50 valid nominations by retired
members and the candidate shall otherwise be eligible as provided in this
section for the retired board member position. 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]
shall 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 eligible
candidates with the highest number of valid 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 valid nominations shall be placed on the
election ballot in descending order according to the number of valid
signatures received. In case of a
nominating tie, the election committee may recommend to the board a method
to determine the names and order and the board shall determine the names
and order in which [they] the eligible candidates subject to the
nominating tie are placed on the ballot by lottery or similar method.
D. In the event any
nominee is unable or unwilling to accept a nomination or is otherwise
ineligible for the position, 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] a
nominee who is unable or unwilling to accept a nomination [occurs after
the ballots have been printed] or a nominee who is ineligible for
election is included on the ballots, the election committee and
board shall treat all votes cast for that nominee as void.
E. If only one eligible
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.] Notwithstanding the provisions of Subsection
B of this section, a candidate shall be ineligible
for election to a retired board member position if the candidate previously
served on the board, representing any membership group, and during that
previous tenure the candidate was:
(1) subject to three or more separate
board resolutions of reprimand and censure; or
(2) removed from the board.
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; A, 02/13/2024]
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] Except
as provided in Paragraph (2) of this subsection, only non-retired, vested
members under the Public Employees Retirement Act, Judicial Retirement Act or
the Magistrate Retirement Act shall be eligible for election to a
non-retired board member position. [(2)]
Only state members, including members under the Judicial Retirement Act or
the Magistrate Retirement Act, may nominate state member candidates for
state board member positions. Only
county members may nominate county member candidates for the county
board member position. Only non-county
municipal members may nominate non-county municipal member candidates
for the [remaining] non-county municipal board member positions.
(2) Notwithstanding the provisions of
Paragraph (1) of this subsection, a candidate shall be ineligible for election
to a non-retired board member position if the candidate previously served on
the board, representing any membership group, and during that previous tenure
the candidate was:
(a) subject to three or more separate
board resolutions of reprimand and censure; or
(b) removed from the board.
(3) To
be eligible for inclusion on the ballot, a candidate must [have] provide
nominating petitions to PERA with a minimum of 150 valid nominations of
non-retired PERA members from the candidate’s membership group [on his or
her nominating petition] and the candidate shall otherwise be eligible
as provided in this section for that board member position. 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] shall
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 eligible candidates with the highest number of valid
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 valid nominations for a position shall be placed on the election
ballot in descending order according to the number of valid signatures
received. In case of a nominating tie,
the election committee may recommend to the board a method to determine the
names and order and the board shall determine the names and order in which
[they] the eligible candidates subject to the nominating tie 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] or is otherwise ineligible for the position, that nominee’s
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] a nominee who is unable or
unwilling to accept a nomination or a nominee who is ineligible for election is
included on the ballots, the election committee and board shall
treat all votes cast for that candidate as void.
(6) If
only one eligible 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] Paragraphs (8) and (9) of this
subsection and members shall only be eligible to vote in those elections in
which they are eligible to receive a ballot. 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; A, 02/13/2024]
2.80.200.80 ELECTIONS: The call of the annual meeting and secret
election ballots shall be mailed at least 30 days prior to the annual meeting
of the association. Mailed ballots shall
be returned to a designated United States post office locked box and picked up
by the election committee or an independent contractor hired by PERA to assist
with the election. To be counted,
ballots must be returned to the designated United States post office locked box
by 12:00 noon on the date set by the association. The call of the annual meeting and secret
election ballots may also be made available at least 30 days prior to the
annual meeting of the association online via a secure website maintained by an
independent contractor hired by PERA to assist with the election or by another
method specified in the resolution adopted by the board each January. To be counted, online ballots or votes cast
by another approved method must be received by 12:00 noon on the date set by
the association. An independent
contractor hired by PERA to assist with the election shall assign unique
identifiers to members to prevent voting more than one ballot per eligible
member.
A. Each ballot
shall contain an affirmation of the member’s eligibility to vote.
B. Ballots shall be
self-proving and shall be counted by the election committee or an independent
contractor hired by PERA to assist with the election. The candidate receiving the greatest number
of votes shall be declared the winner for each position. In the event of a tie, the election committee
may recommend to the board a method to name the winner and the board
shall select by lottery or similar method the name of the winner. The election committee or an independent
contractor hired by PERA to assist with the election shall report the results
of the election to the membership at the annual meeting.
C. Members
whose ballots have not been delivered to them may request and receive another
ballot if the original ballot is returned by the United States post office
undelivered to PERA or an independent contractor hired by PERA to assist with
the election prior to the close of the election. Members whose ballots have been mutilated or
spoiled may request and receive another ballot when, prior to the close of the
election, the original mailed ballot is returned by the member to PERA or an
independent contractor hired by PERA to assist with the election. In addition, PERA or an independent
contractor hired by PERA to assist with the election may assign unique
identifiers to members and issue replacement ballots using procedures to
prevent voting more than one ballot per eligible member.
D. If the election
committee or an independent contractor hired by PERA to assist with the
election recommends for good cause that the results of the election be
invalidated, and the board adopts such recommendation, a new election shall be
held as soon as possible thereafter and the annual meeting at which the
election results are announced shall be continued until completion of the new
election.
E. Insignificant
departures from the requirements set forth in these regulations pertaining to
the conduct of elections shall not invalidate the election unless the results
of the election are proven to have been substantially affected.
F. A
member shall be considered to be “qualified” for office pursuant to Subsection
D of Section 10-11-130 NMSA 1978 when the board has accepted the election
results and the newly-elected member has been sworn into office.
[2.80.200.80 NMAC - Rp, 2.80.200.80
NMAC, 12/30/2015; A, 3/14/2017; A, 02/13/2024]