RTW Comparison Table
Return To Work Comparison Table
Return to Work (RTW) Program Provisions
Below is an overview of the RTW programs and a comparison table with the features and requirements of each program:
RTW .25 FTE or less
Question | .25 FTE or less |
Must retirement benefit be suspended to participate? |
No |
Application required prior to beginning employment? |
✔ |
Employee Contribution Required | No |
Employer Contribution Required | No |
Are contributions made during time working in RTW program refundable? |
N/A |
Layout Period Required? | No |
Can I purchase service credit while working under a RTW provision or for time worked in the RTW program? |
No |
Must employer and employee make contributions to RHCA while working under a RTW provision? |
✔ |
Are there any penalties for violating the RTW program rules? |
Yes, the retiree will be required to pay back all pension payments plus interest received during the period of ineligibility. |
Do RTW provisions apply to retirees who participated in the Alternative Retirement Plan (ARP)? |
✔ |
RTW Less than $15,000
Question | RTW less than $15,000 |
Must retirement benefit be suspended to participate? |
No |
Application required prior to beginning employment? |
✔ |
Employee Contribution Required | No |
Employer Contribution Required | No |
Are contributions made during time working in RTW program refundable? |
N/A |
Layout Period Required? | 90 days from Retirement Date |
Can I purchase service credit while working under a RTW provision or for time worked in the RTW program? |
No |
Must employer and employee make contributions to RHCA while working under a RTW provision? |
✔ |
Are there any penalties for violating the RTW program rules? |
Yes, the retiree will be required to pay back all pension payments plus interest received during the period of ineligibility. |
Do RTW provisions apply to retirees who participated in the Alternative Retirement Plan (ARP)? |
✔ |
RTW Program
Important Notice: Return to Work 12 Consecutive Month Layout Program – RTW Application required; Program sunsets January 1, 2024.
The Return to Work (RTW) 12 Consecutive Month Layout program authorized by Section 22-11-25.1(A) NMSA 1978 and 2.82.5.15 NMAC will sunset effective January 1, 2024.
As of December 31, 2023, this program will no longer be available for new participants. This program is only available to retired members who have: completed or will complete the 12-month layout; submitted a RTW application; received NMERB approval; provided a copy of the approved application to their employer; and began working on or before December 31, 2023.
Those participating in this program on December 31, 2023 may continue until they withdraw from the program. On or after January 1, 2024, an NMERB retiree withdrawing from the program will not be allowed to submit an application to return to this program.
Please view the complete RTW Comparison Table for additional information on the various return to work programs available to NMERB retirees.
Question | RTW Program (Sunsets 01/01/2024) |
Must retirement benefit be suspended to participate? |
No |
Application required prior to beginning employment? |
✔ |
Employee Contribution Required | ✔ |
Employer Contribution Required | ✔ |
Are contributions made during time working in RTW program refundable? |
No |
Layout Period Required? | 12 consecutive months from Retirement Date |
Can I purchase service credit while working under a RTW provision or for time worked in the RTW program? |
No |
Must employer and employee make contributions to RHCA while working under a RTW provision? |
✔ |
Are there any penalties for violating the RTW program rules? |
Yes, the retiree will be required to pay back all pension payments plus interest received during the period of ineligibility. |
Do RTW provisions apply to retirees who participated in the Alternative Retirement Plan (ARP)? |
✔ |
RTW 36 Months
Question | RTW 36 Months |
Must retirement benefit be suspended to participate? |
No |
Application required prior to beginning employment? |
✔ |
Employee Contribution Required | ✔ |
Employer Contribution Required | ✔ |
Are contributions made during time working in RTW program refundable? |
No |
Layout Period Required? | 90 days from Retirement Date |
Can I purchase service credit while working under a RTW provision or for time worked in the RTW program? |
No |
Must employer and employee make contributions to RHCA while working under a RTW provision? |
✔ |
Are there any penalties for violating the RTW program rules? |
Yes, the retiree will be required to pay back all pension payments plus interest received during the period of ineligibility. |
Do RTW provisions apply to retirees who participated in the Alternative Retirement Plan (ARP)? |
✔ |
Important Notice: Return to Work 12 Consecutive Month Layout Program – RTW Application required; Program sunsets January 1, 2024. (Select the arrow for more details.)
The Return to Work (RTW) 12 Consecutive Month Layout program authorized by Section 22-11-25.1(A) NMSA 1978 and 2.82.5.15 NMAC will sunset effective January 1, 2024.
As of December 31, 2023, this program will no longer be available for new participants. This program is only available to retired members who have: completed or will complete the 12-month layout; submitted a RTW application; received NMERB approval; provided a copy of the approved application to their employer; and began working on or before December 31, 2023.
Those participating in this program on December 31, 2023 may continue until they withdraw from the program. On or after January 1, 2024, an NMERB retiree withdrawing from the program will not be allowed to submit an application to return to this program.
Please view the RTW Comparison Table befow for additional information on the various return to work programs available to NMERB retirees.
Question | RTW .25 FTE or less | RTW less than $15,000 | RTW Program (Sunsets 01/01/2024) |
RTW 36 Months |
Must retirement benefit be suspended to participate? |
No | No | No | No |
Application required prior to beginning employment? |
✔ | ✔ | ✔ | ✔ |
Employee Contribution Required | No | No | ✔ | ✔ |
Employer Contribution Required | No | No | ✔ | ✔ |
Are contributions made during time working in RTW program refundable? |
N/A | N/A | No | No |
Layout Period Required? | No | 90 days from Retirement Date | 12 consecutive months from Retirement Date | 90 days from Retirement Date |
Can I purchase service credit while working under a RTW provision or for time worked in the RTW program? |
No | No | No | No |
Must employer and employee make contributions to RHCA while working under a RTW provision? |
✔ | ✔ | ✔ | ✔ |
Are there any penalties for violating the RTW program rules? |
Yes, the retiree will be required to pay back all pension payments plus interest received during the period of ineligibility. | |||
Do RTW provisions apply to retirees who participated in the Alternative Retirement Plan (ARP)? |
✔ | ✔ | ✔ | ✔ |
To learn more about the history of the program, vist the History of the Return to Work Program page.
For further assistance with the Return to Work Program, please contact NMERB via the Member Services contact form.

Managing the retirement assets of New Mexico Educators since 1957.
Contact Information
Santa Fe
(Main Office)
8am-5pm
Physical Address
701 Camino de los Marquez
Santa Fe, NM 87505
Mailing Address
PO Box 26129
Santa Fe, NM 87502
Toll-Free
1(866) 691-2345
Main Office
(505) 827-8030
Fax
(505) 827-1855
Albuquerque Office
8am-5pm
Email or call ahead for an appointment.
Physical Address
8500 Menaul Blvd. NE, Suite B-450
Albuquerque, NM 87112
Phone
(505) 888-1560
Fax
(505) 830-2976