New Mexico · NMERB · Working after retirement

Back to work after NMERB retirement: 3 programs, approval first

You can work for an NMERB employer after you retire and keep your pension, but only in an approved Return to Work program. SB 133 raised the limits to less than $25,000 a year and 60 months.

Approval comes first

A retiree may work for an NMERB employer (local administrative unit, LAU) only after applying for and receiving NMERB approval in a Return to Work (RTW) program and giving the employer a copy of the approval. RTW employment earns no service credit. Violations can mean suspension and repaying benefits received while ineligible. Member Handbook 2025, p. 25, Working after Retirement

The three programs

The three programs (New Mexico NMERB)
ProgramLimitLayout
Return to Work 60 Months ProgramContributions: You and your employerNo more than 60 months90 days
Return to Work 0.25 FTE or LessContributions: None25% of full time or lessNone
Return to Work Less Than $25,000Contributions: NoneLess than $25,000 a fiscal year90 days

Retiree and employer must make retiree health care (NMRHCA) contributions while working under any RTW program. NMERB web page RTW Comparison Table; NMSA 1978, §22-11-25.1(G) (See retiree health.) Still deciding whether to retire at all? See one more year.

Checking a plan against the limits

Checking a plan against the limits (New Mexico NMERB)
PlanAllowed?
$24,999 in a fiscal year, after a 90-day layoutYes
Exactly $25,000 in a fiscal yearNoEarnings must be less than $25,000 per fiscal year.
Starting on day 89 of the layoutNoNeeds a 90-day layout after retirement.
Month 61 under the Return to Work 60 Months ProgramNoNo more than 60 months under this program.

The limit is "less than": $25,000 itself is too much. Member Handbook 2025, p. 26, Option 3: Return to Work Less Than $25,000

What changed, and what closed

The Return to Work 12 Consecutive Month Layout Program (§22-11-25.1(A)) is closed to new applicants from January 1, 2024. Participants before then may stay until they withdraw; once withdrawn they cannot return to it. Member Handbook 2025, p. 25, Note; NMERB web page RTW Comparison Table

Older rules still in print Check with NMERB

2.82.5.17 and 2.82.5.18 NMAC (eff. 07/01/2024) still say 'less than $15,000' and '36 months'. SB 133 (2025) changed §22-11-25.1(H) and (I) to less than $25,000 and 60 months; the handbook and web pages use the new limits. Our calculator uses the statute and handbook. The handbook also says the 60-month program is 'effective May 18, 2022' (the date the 36-month program began under Laws 2022, ch. 20); the 60-month limit came from SB 133 in 2025.

2.82.5.17-.18 NMAC; SB 133 (2025) §1; Member Handbook 2025, pp. 25-26; NMERB web page Recent Legislation

The fine print

NMERB has no DROP. No DROP (deferred retirement option plan) appears in the Member Handbook 2025, NMERB's saved web pages or the Educational Retirement Act. Retirees who go back to work use the return-to-work programs instead. Member Handbook 2025 (no DROP section); NMSA 1978, §§22-11-1 to 22-11-55 (no DROP provision) Closed to new applicants since January 1, 2024: the 12-month layout program. Estimate your pension first with the calculator.

Questions

Can I work for a New Mexico school after I retire?

Yes, but only after NMERB approves you for a Return to Work program. Return to Work 60 Months Program: No more than 60 months; Return to Work 0.25 FTE or Less: 25% of full time or less; Return to Work Less Than $25,000: Less than $25,000 a fiscal year.

What is the earnings limit for NMERB retirees?

Under the Return to Work Less Than $25,000 program your gross earnings from all NMERB employers must be less than $25,000 each fiscal year (July 1 to June 30), after a 90-day layout. The Return to Work 60 Months Program has no earnings limit.

Is the 12-month layout program still open?

No. The Return to Work 12 Consecutive Month Layout Program (§22-11-25.1(A)) is closed to new applicants from January 1, 2024. Participants before then may stay until they withdraw; once withdrawn they cannot return to it.

Source: NMERB Member Handbook, 2025 edition, pp. 25, 25-26, 25-28, 26, 26-27, 27, 27-28, 28. Also: NMERB web pages 'RTW Comparison Table', 'Recent Legislation', 'Returning to Work after Retirement'; SB 133 (2025); 2.82.5.15- NMAC; NMSA 1978 §§ 22-11-25, 22-11-25.1; 2.82.5 NMAC. Last reviewed .