New Mexico teacher and baseball coach ordered to pay thousands back

By John Cardinale

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    NEW MEXICO (KOAT) — Target 7 was the first to tell you about how some retired teachers who decided to go back to work and help with New Mexico’s teacher shortage are now being asked to repay the state thousands of dollars back to their retirement fund.

Orlando Griego is one of them.

In May 2021, Griego retired as a teacher and baseball coach from Rio Grande High School.

However, in the fall he decided to come out of retirement to coach another baseball season.

“I didn’t want to give up my true passion, which was being out of the baseball field and having those relationships with the kids,” Griego said.

Little did Griego know a curveball would be thrown his way two years later.

“They want ten months of benefits back, which totals, just under $30,000,” Griego said.

The Education Retirement Board, also known as the ERB, told Griego in 2023 that he owed the money for one reason.

“They suspended my retirement benefits because I didn’t sign a letter. It’s a one-page form that you check off a box, sign, and date at the bottom,” Griego said. “It lets the IRB know that you’re going back to work for the school system.”

Target 7 was first to tell you about the 42 teachers who mostly came out of retirement during the pandemic to help the teacher shortage.

They didn’t fill out a form required by the ERB.

“This is driven by the IRS. Basically, there’s a layout period. Right now, there’s a 90 day layout period for anyone wishing to return to work for up to 36 consecutive or nonconsecutive months that doesn’t have an earnings limit,” David Archuleta, the Executive Director of the ERB said. “When a local administrative unit brings on an employee, they are required to fill out a form that they send to us that requires them to certify if a member is a return-to-work applicant or a retiree. They need permission from the ERB to return to work.”

After Target 7’s original story aired, teachers like Griego started reaching out to them.

Griego argues because so many did not fill out the form there is an issue.

“If it was just one or two cases, that was probably our fault. But when 40 other people are in the same boat, there is a breakdown in the system somewhere,” Griego said.

Thats why Griego and many other teachers have turned to Albuquerque Attorney Jacob Candelaria.

“We are asking the district court to find that the penalties that are provided for under these rules and statutes are unconstitutional,” Candelaria said.

Candelaria explained to Target 7 why.

“The government can punish people civilly. It can impose civil fines on folks for not doing X, Y, and Z. But those penalties still have to bear some reasonable relationship to the gravity of the misconduct or the wrong committed. Here we’re literally talking about not submitting the right form,” Candelaria said.

State treasurer Laura Montoya who sits on the ERB has previously told Target 7 that she is trying to get the ERBs administrative rules changed so they can make exceptions to the rule in some cases.

Griego hopes exceptions can be made.

“Why are we trying to be punitive towards teachers and coaches who have dedicated their life to the children of New Mexico, it doesn’t make any sense.”

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