Summary:

 Senate Bill 292 (SB 292): This legislation adds “protective service worker” to the list of positions eligible for the return-to-work provisions under PERA. By doing so, it enables these retirees to keep their pension while resuming public employment—subject to specific constraints on break-in-service, position vacancy rates, contribution requirements, and time limits on receiving pension payments while re-employed. 

Legislation Overview:

 Senate Bill 292 (SB 292):  Current PERA “Return to Work” Provisions
Under Subsection J of Section 10-11-8 NMSA 1978, certain retirees in “protective” roles can be re-employed by a PERA-affiliated employer if they:
•	Wait at least 90 consecutive days after retiring before returning to a PERA-affiliated employer (the employer they retired from).
•	Are re-employed in specific job categories (e.g., police officer, firefighter, detention officer, etc.).
•	Continue receiving their pension during the period of re-employment, but do not earn new service credit.
•	Must pay the standard PERA contributions (along with the employer) during re-employment, though these contributions are not refundable.
•	Are limited to receiving up to 36 consecutive months of pension payments while re-employed under this program.
•	Begin their subsequent employment prior to July 1, 2027.
Key Change: Inclusion of “Protective Service Worker”
•	The proposed amendment adds “protective service worker” to the list of job roles that qualify for the “return-to-work” exception described above. Under this bill:
•	A retiree who was previously employed as a protective service worker could, after satisfying the 90-day break requirement, return to employment with a PERA-affiliated employer as a protective service worker (or possibly another listed protective position) and keep drawing a PERA pension.
•	The same restrictions and conditions that apply to other protective positions (e.g., municipal police officer, firefighter, correctional officer) would apply.
Other Provisions
•	The employer must track and document details about the retired employee’s re-employment (start/end dates, position, monthly vacancy rate, etc.).
•	If an employer faces budgetary layoffs, they must first lay off those retirees who returned to work under this provision before laying off active PERA members.
•	The retiree does not gain seniority for shift selection based on pre-retirement employment.