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.

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)?	✔	✔	✔	✔