State Public Pensions in New Mexico

State Public Pensions in New Mexico: key facts

Systems

Public Employees Retirement Association (PERA) for state and local government employees; Educational Retirement Board (NMERB) for public educators.

Active PERA member death

The survivor beneficiary designation takes effect once the member is vested, or if the member dies from duty-related causes before vesting; it pays a monthly lifetime pension to the designated survivor beneficiary (amounts differ for duty-related and non-duty-related deaths). A member who dies before vesting from a non-duty-related cause has their member contributions plus interest paid in a lump sum to the designated refund beneficiary, or to the estate if no refund beneficiary was named.

Retiree death

Continuing benefits depend on the option elected at retirement. NMERB Option A (straight life) ends payments at death; Option B continues a 100% survivor benefit and Option C a 50% survivor benefit to the designated beneficiary for life. NMERB also pays survivors of a retired member a one-time lump-sum death benefit based on the retiree's years of service.

Reporting a death

PERA: report online through PERA's death notification form, by telephone at 866-678-0670, by mail, or in person — the member's employer can also report it directly; PERA then audits the account for benefits payable to the survivor beneficiary or the estate. NMERB: call 1-866-691-2345, write to PO Box 26129, Santa Fe, NM 87502-6129, or report in person, then send a copy of the death certificate.

Contacts

PERA: 1-866-678-0670 (toll-free) or (505) 542-6220. NMERB: 1-866-691-2345 for death reporting; general call center 505-585-3510 or 1-800-663-1919.

Governing law: NMSA 1978, § 10-11-1 et seq. (Public Employees Retirement Act); NMSA 1978, § 22-11-1 et seq. (Educational Retirement Act)

Steps to take when someone dies

1. Identify whether the deceased was a member of PERA or NMERB.
2. Report the death to the system — PERA at 866-678-0670 (or through PERA's online death notification), NMERB at 1-866-691-2345 — so payments stop and the account can be reviewed.
3. Send the documents the system requires: a copy of the death certificate showing cause or manner of death, a marriage certificate (or proof a marriage ended), a domestic partnership registration certificate (or proof the registered partnership ended), birth certificates of a survivor or children to be paid, letters of administration or letters testamentary if the estate is to be paid, and a certification of trust form if a trust is to be paid. PERA also lists an affidavit of successor as a document that may be required, and provides a copy on request.
4. Return to PERA any warrant issued to a retiree or benefit recipient for the month after their death.
5. Confirm the beneficiary designation on file and ask what survivor pension, refund of contributions, or lump-sum death benefit is payable. PERA processing can take up to 60 days after it receives all required documents.

Frequently asked questions