Returning to Work after Retirement

Q: Do I still have to apply to participate in the Return to Work programs?
A: Yes. NMERB retirees who return to work for a Local Administrative Unit (LAU), which is an NMERB affiliated employer, must submit a Return to Work application. The Return to Work application is available on the Forms page of the NMERB website. Retirees working under the .25 FTE or less RTW program, or the Less than $15,000.00 per fiscal year program, or 36 consecutive or non-consecutive month program must also submit a Return to Work application to NMERB.

Q: Do I need to complete the Return to Work application every year?
A: No. Once you have completed the Return to Work application and are approved and eligible, you only need to complete a new application if you move from the one program to another.

Q: How soon after I retire can I turn in my Return to Work Application into NMERB and how long will it take NMERB to approve? Does the retiree have to wait for approval prior to working under the Return to Work provision?
A: If a member is a .25 FTE employee, they can submit the 2nd of the month from their effective date. Example: July 1st retirees who are returning to work as a .25 FTE employee can submit the application July 2nd but must wait until they have an approval letter from ERB before returning or even looking for a job.

Members who are doing a 90-day layout can submit their application 30 days prior to the completion of their layout period. Example: July 1st retirees can file submit a Return to Work application September 1st.

It’s important to note, no work may begin until the member has been approved for the Return to Work programs.

Q: Do the Return to Work programs apply to Alternative Retirement Plan (ARP) members?
A: Yes. An ARP retiree who returns to work for a Local Administrative Unit (LAU) must do so under NMERB’s Return to Work programs. ARP retirees must also complete a Return to Work Application prior to beginning work after retirement.

Important Notice: Return to Work 12 Consecutive Month Layout Program is no longer available to new applicants.

Those participating in this program prior to January 1, 2024, may continue working in it until they withdraw from the program. After January 1, 2024, an NMERB retiree withdrawing from this program will be unable to return to this program.

Please view the RTW Comparison Table on for additional information on the various return to work programs available to NMERB retirees.

Q: What are the consequences for violating the Return to Work Programs rules?
A: Retirees are responsible for complying with all Return to Work statutes and rules. There are consequences if a retiree returns to work without complying with applicable statutes and rules. A violation of RTW statutes and rules will cause a retiree to be required to pay back all pension payments received during the period of ineligibility.

Q: If I wanted to suspend my retirement and go back to work full time, would there be consequences?
A: No. Welcome back!

Q: If I suspend my retirement, work from 2019 to 2025 and then decide to re-retire, and start getting my retirement check, will there be any consequences?
A: No. In fact, you will likely have an increase in your retirement benefit due to the additional years you have worked after you have suspended your retirement. However, every situation is unique and different. You may wish to speak with an analyst for more information about your specific account and retirement, or email our help desk.

Q: May I work for a Public Employees Retirement Association (PERA) employer as part of my layout?
A: Yes, NMERB Retirees may work for a PERA employer during their layout period. The only exception would be if the NMERB retiree is a licensed educator working for a state agency in an education-related program. If this would be the case for you, you could not work for that employer unless you have already completed your layout. Check with NMERB to determine whether a layout would be required before accepting a position in such a program. Remember, if you are an NMERB retiree and you work for a PERA employer, you cannot contribute to PERA; and you cannot earn time toward a PERA pension.

Q: Do PERA Retirees now pay non-refundable NMERB contributions?
A: As of June 1, 2020, PERA retirees who work for an NMERB employer will no longer pay contributions to NMERB. However, any contributions paid into NMERB from July 1, 2019 through May 30, 2020 will remain in your NMERB account until you terminate your employment. Upon termination you can request a refund of those contributions plus interest.

Q: Do I need to complete an Application to Withdraw from Return to Work Program form if I want to be removed from the Return to Work program and begin working under one of the other provisions?
A: Yes. In order to be removed from the Return to Work program you must submit an Application to Withdraw from the Return to Work Program. This form is available on the Retiree Forms and Documents page of the NMERB website. Upon approval of the fully completed form, you may complete a Return to Work application under the .25FTE or Less, or the Less than $15,000.00 per fiscal year, or the 36 consecutive or non-consecutive month provision.

Q: Do I need to complete an Application to Withdraw from Return to Work Program form if I want to be removed from the Less than $15,000.00 per fiscal year and begin working under the Return to Work program?
A: No. You only need to complete the Application to Withdraw from Return to Work Program form when removing yourself from the Return to Work program as described in Section 22-11-25.1 NMSA 1978 and 2.82.5.15 NMAC.

Q: Will I be able to receive a refund of my retirement contributions made during the time I am working under the Return to Work Program?
A: If you’re participating in the RTW program your contributions are non-refundable.

Q: What if I decide to begin employment with ABC temp services and return to the classroom in the fall?

A: ERB cannot advise against working for a temp agency that provides services to a local administrative unit, however, if ERB can determine that the above-mentioned return to work laws have been violated, ERB may suspend your pension and reclaim any pension payments made during the period of ineligibility.