TITLE 2 PUBLIC
FINANCE
CHAPTER 81 RETIREE HEALTH CARE FUNDS
PART 1 GENERAL PROVISIONS
2.81.1.1 ISSUING AGENCY: NM Retiree Health Care Authority.
[6-15-98; 2.81.1.1 NMAC - Rn, 2 NMAC 81.1.1, 12-30-02]
2.81.1.2 SCOPE:
Applies to the board of the retiree health care authority and to all
employers, employees and eligible retirees, spouses and dependents
participating in the coverages under the Act.
[6-15-98; 2.81.1.2 NMAC - Rn, 2 NMAC 81.1.2, 12-30-02]
2.81.1.3 STATUTORY AUTHORITY: This Rule is promulgated pursuant to the
Retiree Health Care Act, the New Mexico Retiree Health Care Act (the
"Act"), Sections 10-7C-1 et seq. NMSA 1978.
[6-15-98; 2.81.1.3 NMAC - Rn, 2 NMAC 81.1.3, 12-30-02]
2.81.1.4 DURATION: Permanent.
[6-15-98; 2.81.1.4 NMAC - Rn, 2 NMAC 81.1.4, 12-30-02]
2.81.1.5 EFFECTIVE DATE: June 15, 1998 unless a later date is cited
at the end of a section.
[6-15-98; 2.81.1.5 NMAC - Rn &A, 2 NMAC 81.1.5, 12-30-02]
2.81.1.6 OBJECTIVE: The objective of this Rule is to establish
procedures governing the board of the retiree health care authority ("the
board").
[6-15-98; 2.81.1.6 NMAC - Rn, 2 NMAC 81.1.6, 12-30-02]
2.81.1.7 DEFINITIONS: [RESERVED]
[6-15-98; 2.81.1.7 NMAC - Rn, 2 NMAC 81.1.7, 12-30-02]
2.81.1.8 MEMBERSHIP OF THE BOARD: The board shall be composed of those persons
or their designees as set out in Section 6 the Act.
[6-15-98; 2.81.1.8 NMAC - Rn, 2 NMAC 81.1.8, 12-30-02]
2.81.1.9 BOARD OFFICERS/TERMS OF OFFICE: Officers of the board shall consist of a
president, vice president and a secretary who shall be elected from the board
membership. The president shall preside over all board meetings and in his/her
absence the vice-president shall preside and in the absence of both the
president and the vice-president then the secretary shall preside. The terms of
officers shall be for one year and they shall be elected at the annual meeting
of the board. An officer may be reelected to the same position or elected to
fill another position as an officer of the board. Any officer of the board
shall serve in the capacity to which the officer was elected until written
notification of the replacement is filed with the board pursuant to Section 10
[now 2.81.1.10 NMAC] of this Rule or until the member resigns their position as
an officer of the board, or until authorized written notification of a change
of a board member is filed with the NMRHCA by the proper person or entity.
[6-15-98; 2.81.1.9 NMAC - Rn, 2 NMAC 81.1.9, 12-30-02]
2.81.1.10 NOTIFICATION OF APPOINTMENT AND REMOVAL OF BOARD MEMBERS AND
ALTERNATES: Employment as the
education retirement director, executive secretary of the public employees
retirement association, or the swearing in of the state treasurer shall
automatically constitute positions or offices. They may select designees who
shall serve at the pleasure of the person holding the position or office. Other
members of the board shall not be authorized to appoint alternates/designees to
the board. The remaining board members shall serve at the pleasure of the
person or entity authorized to select the board member. The board member shall
assume office at the time the selecting person or entity files written
notification of the appointment of the board member or designee at the offices
of the NMRHCA. The written notice shall contain the name, title, business
address and business and home telephone number of the board member or designee.
Ex officio board members and their designees shall only serve as board members
during the ex officio board member's period of employment or election in the
capacity employed or elected. Each remaining board member or designee shall
only serve until authorized written notification of a change is filed with the
NMRHCA.
[6-15-98; 2.81.1.10 NMAC - Rn, 2 NMAC 81.1.10, 12-30-02]
2.81.1.11 ABSENCES FROM MEETINGS:
Since the board may meet less often than monthly and continuity of board
attendance is important, this Rule will be enforced. Any member of the board
missing more than two board meetings in any calendar year shall be requested to
explain his or her absence to the board. If the board determines that the
excessive absences are due to the board member's or designee board member's
neglect, the selecting entity or ex officio officer may be requested by the
board to select or designate another person. Presence of a designee of an ex
officio board member shall be counted as presence of the board member.
[6-15-98; 2.81.1.11 NMAC - Rn, 2 NMAC 81.1.11, 12-30-02]
2.81.1.12 ANNUAL MEETING OF THE BOARD:
The board shall hold an annual meeting at such time as the board
determines.
[6-15-98; 2.81.1.12 NMAC - Rn, 2 NMAC 81.1.12, 12-30-02]
2.81.1.13 VACANCY IN OFFICE: If one
of the officers vacates their position as an officer of the board, the next
lower officer shall automatically assume the duties of the higher officer. For
example, if the presidency becomes vacant, the vice-president shall
automatically assume the title and duties of president and the secretary shall
automatically assume the title and duties of vice-president. After due notice,
a new secretary will be elected by the board. Each of the officers shall serve
until election of officers at the next annual meeting.
[6-15-98; 2.81.1.13 NMAC - Rn, 2 NMAC 81.1.13, 12-30-02]
2.81.1.14 REGULAR MEETING OF THE BOARD:
The regular meetings of the board shall be held on those dates and times
and in such places to be determined from time to time by the board. The date of
any regular meeting may be changed by a majority vote of a quorum of the board.
The president or vice-president may cancel a regularly scheduled meeting of the
board by giving notice of the cancellation in advance of any regularly
scheduled meeting.
[6-15-98; 2.81.1.14 NMAC - Rn, 2 NMAC 81.1.14, 12-30-02]
2.81.1.15 ADOPTION OF ROBERT'S RULES OF ORDER FOR THE CONDUCT OF BOARD BUSINESS: Robert's rules of order are adopted by the
board and shall be used for the conduct of all meetings to be held by the
NMRHCA. Robert's rules of order shall be binding in all cases where they are
not inconsistent with New Mexico statutes and rules and regulations adopted by
the NMRHCA.
[6-15-98; 2.81.1.15 NMAC - Rn, 2 NMAC 81.1.15, 12-30-02]
2.81.1.16 CALL FOR MEETINGS OF THE BOARD:
A call for meetings of the board shall be as follows:
A. Special
Meetings: A special meeting of the board is a meeting other than a regular
or emergency meeting and may be called by the president, vice-president or any
three board members for the specific purposes specified in the call.
B. Emergency
Meeting: An emergency meeting of the board is a meeting other than a
regular or special meeting and may be called by the president, vice-president,
or any two members of the board to consider a sudden or unexpected set of
circumstances affecting the NMRHCA which require the immediate attention of the
board.
[6-15-98; 2.81.1.16 NMAC - Rn, 2 NMAC 81.1.16, 12-30-02]
2.81.1.17 OPEN MEETINGS: The board
shall conduct its meetings pursuant to the Open Meetings Act (Section 10-15-1
et seq. NMSA 1978) so as to assure reasonable citizen access to all board
meetings. At least once a year, the board shall determine in a public meeting
what notice for a public meeting is reasonable when applied to the board. At a
minimum, that notice shall include broadcast stations licensed by the federal
communications commission and newspapers of general circulation that have
provided a written request for such notice (see: Open Meetings Act 10-15-1(D)
NMSA 1978). That notice shall also include an agenda containing a list of
specific items of business to be discussed or transacted at the meeting or
information on how the public may obtain a copy of such an agenda (see Open
Meetings Act Section 10-15-1(F) NMSA 1978).
[6-15-98; 2.81.1.17 NMAC - Rn, 2 NMAC 81.1.17, 12-30-02]
2.81.1.18 QUORUM: A majority of all
of the board members shall constitute a quorum for conducting the affairs of
the NMRHCA. In the event a position on the board is vacant due to resignation,
removal or failure to appoint, a quorum shall be a majority of those persons
holding office. The president of the board is a voting member of the board,
shall be entitled to debate any issue and vote on any issue in the same manner
as other members of the board and shall be considered when present as a member
of the board for purposes of a quorum.
[6-15-98; 2.81.1.18 NMAC - Rn, 2 NMAC 81.1.18, 12-30-02]
2.81.1.19 PROCEDURES FOR ADDRESSING THE BOARD: The procedures for addressing the board shall be as follows:
A. Individual
and Subject Matter. An individual may speak on any item that appears on the
adopted agenda, before a final vote is taken, by notifying and subsequently
being recognized by the president or then presiding officer. The president or
then presiding officer may, in his discretion, limit the time any individual or
entity is allotted to make a presentation and the president or then presiding
officer may in his discretion, limit the time allotted for any subject.
B. Advance
Notice of Matter to be Presented. A person with a matter to present to the
board shall submit the request in writing with appropriate supporting materials
four days in advance of a regularly scheduled meeting, twenty-four hours in
advance of a special meeting and three hours in advance of an emergency
meeting.
[6-15-98; 2.81.1.19 NMAC - Rn, 2 NMAC 81.1.19, 12-30-02]
2.81.1.20 DUTIES AND POWERS OF THE BOARD:
A. Board’s
Authority Vested by the Constitution of the State: The board retains and reserves unto itself all powers,
rights, authority, duties and responsibilities conferred upon and vested in it
by the Constitution of the state of New Mexico and statutes, including those
prescribed by Sections 10-7C-1 et seq. NMSA 1978 and such other power and
authority as may be conferred upon the board from time to time.
B. Board
Hearing Authority Delegable: In any
instance in which the board is authorized to conduct an adjudicatory hearing
pursuant to the New Mexico Retiree Health Care Act, or pursuant to these
regulations, the board may delegate the authority to conduct such an
adjudication to a hearing authority, designation of which shall be in the sole
and exclusive authority of the board, pursuant to procedures to be adopted by
the hearing authority in consultation with the board’s general counsel. Upon completion of the hearing, the hearing
authority shall issue a disposition to the board, and, upon the application of
either party to the adjudication, the board shall determine by majority vote
whether to adopt the hearing authority’s disposition as its own or to consider
the matter further itself. In the event
the board votes to consider the matter further, it shall also determine whether
such consideration will include the parties’ written submissions only, such
written submissions plus oral argument before the board, or rehearing of all or
part of the matter before the board.
C. Authority
of the Board to be Liberally Construed:
The authority of the board shall be liberally construed in all
doubtful cases to be inclusive of the actions taken by the board.
[6-15-98; 2.81.1.20 NMAC - Rn & A, 2 NMAC 81.1.20, 12-30-02]
2.81.1.21 PAYMENT OF PER DIEM AND MILEAGE:
The NMRHCA shall pay per diem and mileage consistent with the Per Diem
and Mileage Act, Section 10-8-1 et seq. NMSA 1978 and consistent with the per
diem and mileage reimbursement requirements of the department of finance and
administration as amended and as authorized from time to time by the board
acting in a board meeting.
A. Payment
to NMRHCA Employees: The NMRHCA
employees are entitled to receive per diem and mileage for travel incurred in the
normal course and scope of their employment. No employee shall be entitled to
receive per diem and mileage for travel outside of the state without obtaining
the board's prior approval for the travel or without obtaining the prior
approval of an officer of the board if the board has delegated to such officer
the authority to grant such approval.
B. Payment
to NMRHCA Board Members: An NMRHCA
board member is entitled to receive per diem and mileage for travel incurred
for attending all regular, special and emergency board meetings called pursuant
to the Open Meetings Act and the NMRHCA's open meetings resolution. In
addition, the NMRHCA board members named to serve on the NMRHCA board agenda
committee is entitled to receive per diem and mileage for travel incurred for
attending all agenda committee meetings. NMRHCA board members shall not be
entitled to receive per diem and mileage for any other travel, inside or
outside of the state, without obtaining prior approval of an officer of the
board or the executive director if the board has delegated to such officer or
executive director the authority to grant such approval.
C. Payment
to NMRHCA Alternate Board Members or to Designees of Ex Officio Board Members: An NMRHCA alternate board member or board member
by designation of an ex officio board member is entitled to receive per diem
and mileage for travel incurred for attending regular, special and emergency
board meetings called pursuant to the Open Meetings Act and the NMRHCA's open
meetings resolution only when the NMRHCA board member or ex officio board
member is not present at the board meeting and the alternate or designee
attends in the place of the board member or ex officio board member. The NMRHCA
shall not pay per diem and mileage to the alternate board member or designee
and to the board member or ex officio board member for attendance at the same
meeting on the same day. NMRHCA alternate board members shall not be entitled
to receive per diem and mileage for any other travel, inside or outside of the
state, without obtaining prior approval of the board.
D. Payment
to NMRHCA Advisory Committee Members:
An NMRHCA advisory committee member named by the board to serve on an
advisory committee is entitled to receive per diem and mileage for travel
incurred for attending an NMRHCA advisory committee meeting which has been
scheduled in writing by the board or by the executive director. NMRHCA advisory
committee members shall not be entitled to receive per diem and mileage for any
other travel, inside or outside of the state, without obtaining prior approval
of the board.
[6-15-98; 2.81.1.21 NMAC - Rn, 2 NMAC 81.1.21, 12-30-02]
History of 2.81.1 NMAC:
Pre-NMAC History: The
material in this Part was derived from that previously filed with the State Records
Center and Archives under:
RHCA Rule 90-1, Board Membership, General Authority,
Procedures, Per Diem and Mileage, 6-5-90.
History of Repealed
Material: [RESERVED]
Other History: 2 NMAC 81.1, General Provisions, filed
6-02-98 is renumbered, reformatted and amended to 2.81.1 NMAC, effective
12-30-02.
