Santa Fe New Mexican

Educators working in retirement face benefit loss, suit says

Dispute could leave schools short of special-ed teachers, counselors, speech therapists

- By Robert Nott

An organizati­on that hires education workers and contracts them out to schools is suing the state pension fund for public education employees, saying the fund is threatenin­g to suspend the pension benefits of some retirees who work for the group and seek repayment of past benefits paid.

Cooperativ­e Educationa­l Services of Albuquerqu­e filed the lawsuit recently in state District Court against the Educationa­l Retirement Board and its executive director, Jan Goodwin.

The dispute between Cooperativ­e Educationa­l Services and the Educationa­l Retirement Board could leave public schools short of special-education teachers, counselors, speech therapists and others when classes resume this month.

“Given the school year is about to begin, CES and contracts with school districts may have to be cancelled because of the threat by ERB,” says the lawsuit filed by Cooperativ­e Educationa­l Services.

The lawsuit is seeking a court order barring the Educationa­l Retirement Board from suspending the pension benefits of any retirees working for Cooperativ­e Educationa­l Services or

attempting to claw back benefits previously paid.

An attorney for the pension fund declined to comment on the lawsuit.

State law requires that pension benefits be suspended for any education retiree who returns to work for a public school full time less than a year after retirement. The benefits don’t resume until the retiree stops working for a school.

Cooperativ­e Educationa­l Services has employed education workers who were receiving pension benefits and had been retired less than a year. It argues those workers shouldn’t have their benefits suspended or be forced to pay back benefits because they are employed by Cooperativ­e Educationa­l Services and not a public school.

The Educationa­l Retirement Board counters that the education workers are in effect working for public schools.

According to the lawsuit, representa­tives of Cooperativ­e Educationa­l Services and the Educationa­l Retirement Board met to discuss the question of whether retirees could return to work through a third party within a year and still receive benefits. The complaint says the retirement board assured the cooperativ­e that teachers who go to work for them would not be penalized.

But in mid-July, Roderick Ventura, an attorney for the Educationa­l Retirement Board, sent Cooperativ­e Education Services a letter saying: “Such a strategy does not comply with ERB statute and rule and can place the retiree in a situation in which their retirement benefits may be terminated and any benefits paid to the employee during such an arrangemen­t be paid back.”

As a result, the lawsuit says, some employees of Cooperativ­e Educationa­l Services are now uncertain about whether they can work for the group without being penalized.

It is unclear how many employees the dispute could impact.

Santa Fe Public Schools uses Cooperativ­e Educationa­l Services to fill vacancies in its special-education department, but not all of those educators are retired, district spokesman Jeff Gephart said Thursday.

Santa Fe Public Schools has six vacancies for special-education teachers, Gephart said, but the district is not relying on Cooperativ­e Educationa­l Services to fill those positions.

Charles Goodmacher, spokesman for the National Education Associatio­n of New Mexico, declined to comment on the lawsuit, saying the union was unfamiliar with it.

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