Non ERA Employment
There is no limit on a retired member’s earnings if the employer is not covered by the provisions of the Educational Retirement Act. City, state or county, the federal government, private schools, public schools in another state, BIA schools, Walmart, Bill’s Insurance Agency… are all non ERA covered employers and have no effect on your pension.
$15,000 or .25 FTE Rule
A retired member may work with an ERB covered employer and earn up to $15,000 or an amount calculated under the .25 or less FTE (full-time equivalency) provision, whichever is greater, without affecting retirement benefits. The salary is calculated on a fiscal year basis, (July 1 through June 30). The determination of whether a position equals .25 FTE is made by the employer. The FTE salary is based on what the employee would make if they were working full time and is not related to their salary before retirement.
If the member exceeds the established limits in a fiscal year, he or she shall be considered to be removed from retirement status and shall forfeit the retirement benefits starting on the first day of the month in which cumulative earnings exceed $15,000 or the 25% FTE provision. It is the member’s responsibility to monitor their earnings from an ERB sponsored employer so that they do not exceed the maximum earnings.
ERA retirees may contract for services to ERB employers and continue to earn their pension. A retiree may earn an unlimited amount and have no effect on their ERB pension. The employer and employee must follow the IRS rules concerning who qualifies as a contractor vs. an employee. A retiree may not, according to IRS rules, return to the same job with the same employer as a contractor. If a retiree is returning
to work with the same employer with which they were employed at retirement they must complete the Employee or Independent Contractor forms (available on the ERB
website, www.nmerb.org/pdfs/IC_Determination.pdf ) and send them to ERB’s attorney for review. complete the Employee or Independent Contractor forms (available on the ERB website, www.nmerb.org/pdfs/IC_Determination.pdf) and send them to ERB’s attorney for review.