TITLE 2 PUBLIC FINANCE
CHAPTER 80 PUBLIC EMPLOYEES RETIREMENT
PART 1700 AFFILIATED PUBLIC EMPLOYER ELECTION
FOR COVERAGE PLAN AND CHANGE IN COVERAGE PLAN
2.80.1700.1 ISSUING
AGENCY: Public Employees Retirement Association, P.
O. Box 2123, Santa Fe, New Mexico 87504-2123
[10-15-97; 2.80.1700.1 NMAC -
Rn, 2 NMAC 80.1700.1, 12-28-01]
2.80.1700.2 SCOPE: This rule
affects the affiliated public employers and their employees, the retirement
board and the association under the Public Employees Retirement Act.
[10-15-97; 12-15-99; 2.80.1700.2 NMAC - Rn, 2 NMAC 80.1700.2, 12-28-01]
2.80.1700.3 STATUTORY
AUTHORITY: This rule is authorized by NMSA 1978, Sections 10-11-130, 10-11-50, 10-11-55.1,
10-11-74, 10-11-80, 10-11-104, 10-11-110, as amended.
[10-15-97; 2.80.1700.3 NMAC - Rn, 2
NMAC 80.1700.3, 12-28-01]
2.80.1700.4 DURATION: Permanent.
[10-15-97; 2.80.1700.4 NMAC - Rn, 2
NMAC 80.1700.4, 12-28-01]
2.80.1700.5 EFFECTIVE
DATE:
November 1, 1994 unless a different date is cited at the end of a section.
[10-15-97; 2.80.1700.5 NMAC - Rn, 2
NMAC 80.1700.5, 12-28-01]
2.80.1700.6 OBJECTIVE: The objective
of this rule is to establish procedures for affiliated public employers to
conduct elections to adopt a new coverage plan or to change coverage plans for
their employees.
[10-15-97;
12-15-99; 2.80.1700.6 NMAC - Rn, 2 NMAC 80.1700.6, 12-28-01]
2.80.1700.7 DEFINITIONS: [Reserved]
2.80.1700.8 GENERAL
PROVISIONS
A. An
affiliated public employer desiring to conduct an election to adopt a new
coverage plan or for a change in coverage plan shall adopt and file with the
board a resolution so stating. In
addition to the resolution, the affiliated public employer shall also file for
board approval, a sample ballot and a list of employee election committee
members.
B. The
resolution shall specify the date of the election, which election shall be held
not fewer than thirty (30) nor more than sixty (60) days after the approval by
the board of the resolution, except as provided in subsection E below.
C. The
affiliated public employer shall give notice of the election to its members in
the form prescribed by the association.
Actual notice to each member is not required, but the manner in which
notice is given shall be reasonably calculated to inform all affected members of
the election.
D. Ballots
shall be prepared by the affiliated public employer in sufficient quantity for
all eligible members to vote and in the form prescribed by the
association. Ballots for an election for
a new coverage plan or a change in coverage plan shall be separate from the
ballots for any other question being voted on by the members.
E. The
association may postpone an election for coverage if it determines the
affiliated public employer has not substantially complied with the procedures
required by this rule and may require that remedial measures be taken,
including, but not limited to, requiring that a new notice be given to members,
preparing a new ballot or register, and rescheduling the election. The board may rescind an election if it determines
the affiliated public employer did not substantially comply with the procedures
required by this rule.
F. A
register shall be prepared by the affiliated public employer containing names
of members entitled to vote in the election.
Names shall be manually added to the printed register to include the
names of those members desiring to vote who become eligible to vote after
printing of the register, provided verification is made by the affiliated
public employer of the member's eligibility to vote in the election. An affiliated public employer may cease
manually adding names to the printed register twenty-four (24) hours prior to
the commencement of voting on election day. Members shall sign their names to the
register when issued a ballot. If a member
who has voted absentee subsequently ceases to be eligible prior to the date of
election, that vote shall be valid.
G. Before
issuing a ballot to a member, identification may be required of the member.
H. Voting
shall be permitted by absentee ballot.
Absentee ballots may be voted by the member and thereafter delivered to
the person designated by the affiliated public employer to receive absentee
ballots. Absentee ballots shall be made
available not later than 5 days prior to the election day. No absentee ballots may be counted unless
received at or before 5:00 p.m. on the day prior to the election
day. Absentee ballots shall not
be opened until voting has ceased on the election day.
I. Voting
shall be conducted at a minimum of one voting location continuously throughout
a minimum 9 hour period including the hours between 8:00 a.m. and 5:00 p.m.,
but if all eligible members have voted prior to the posted closing time, the
voting shall end at the earlier time.
J. The
affiliated public employer shall appoint a committee of employees of the
employer to be approved by the board.
The committee shall be present at the voting places during the election day and during the process of counting the
votes. The chair of the committee shall
sign his or her name to the final tally indicating that the tally is, to the
best of his or her information, a correctly computed tally. A representative of the affiliated public
employer shall be designated by the affiliated public employer as responsible
for the election, and he or she shall also so indicate on the tally by signing
his or her name.
K. The
final tally of votes shall be filed with the association within 72 hours after
closing of the election, unless the offices of the association are closed due
to weekends or holidays for a period of three consecutive days after the
election day, in which case the tally shall be filed on the next business day
following the election day.
L. Elections
for changes in coverage plan may be conducted for designated employee groups of
an affiliated public employer. A
designated group may be all members employed by the affiliated public employer,
an organizational group whose compensation is established by negotiated
contract or all members employed by the affiliated public employer whose
compensation is not established by negotiated contract. The resolution required in subsection A shall
state the designated employee group.
M. Insignificant
departures from the requirements set forth in these regulations pertaining to
the conduct of elections shall not invalidate the election provided the results
of the election would not have been affected.
N. "First
full pay period" for the purpose of adopting a new coverage plan shall
mean the first pay period that ends within the month in which the new coverage
plan becomes applicable to a member.
O. An
election adopting a coverage plan is irrevocable for the purpose of
subsequently adopting a coverage plan that would decrease employee or employer
contributions with respect to all current and future members of that affiliated
employer.
[10-15-97;
11-15-97; 12-15-99; 2.80.1700.8 NMAC - Rn, 2 NMAC 80.1700.8, 12-28-01; A, 9-30-03]
HISTORY of 2.80.1700 NMAC:
Pre-NMAC History: The material in this part was derived from that previously filed with
the State Records and Archives under: PERA Rule 1700.0, Municipal Election for
Change in Coverage Plan, filed on 10-21-88; PERA Rule 1700, Municipal Election
for Change in Coverage Plan, filed on 7-1-93; PERA Rule 1700, Municipal
Election for Change in Coverage Plan, filed on 11-1-94.