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Return-to-Work for Public Safety Positions for Employers

Effective July 1st, 2024, House Bill 236 (HB 236) was signed into law. The legislation allows for retirees who were retired on or before December 31, 2023, and have not been employed or retained as an independent contractor by the employer from which the member retired for 90 consecutive days can return to certain public safety related positions for up to 36 consecutive months. The subsequent employment must begin no earlier than July 1, 2024, and no later than June 30, 2027.When filling eligible public safety positions, a retiree shall not be hired for re-employment into a position with a vacancy rate that is lower than 10%. The employer is required to track and document the following information:

Please email PERA-memberservices@state.nm.us if you have any questions or further clarification of this legislation is required. On April 5, 2021, Governor Lujan Grisham signed Senate Bill 90 (SB 90). SB 90 includes certain overtime pay for a regular scheduled tour of duty paid to eligible fire protection and law enforcement employees in the definition of “salary” under the PERA Act. Effective July 1, 2021, 12345SB 90 also increases employee contribution rates for all eligible wages under Municipal General Fire Plans 1, 2, 3, 4 and 5 by 1.5%. Employers should now report all mandatory/scheduled overtime hours, in addition to their current reported FLSA hours, for all members under Municipal Fire Plans, Municipal Police Plans and Detention Officer Plans. Please note that the 1.5% employee contribution rate increase required by SB 90 is in addition to the contribution increases contained in Senate Bill 72. In 2020, Senate Bill 72 (SB 72) increased employee and employer contributions by a total of 2% over a 4-year period. The contributions rate increases for State General Plan 3, State Plan 3 - Peace Officer and Juvenile Correction Officer Plan 2 was effective the first full pay period of July 2020 (FY21). The Contributions rates for all Municipal General Plans, Municipal Fire Plans, Municipal Police Plans and Municipal Detention Officer Plans will see increased contributions rates of .50% each fiscal year to begin the first full pay period of July 1, 2022 (FY22). Contributions for employees earning less than $25,000 will not increase. The State Police and Adult Correctional Officer Plan 1 contribution rate remains unchanged. Should you have any questions please contact your PERA contribution accounting representative.