Gov. Bill Richardson is still weighing whether to sign a bill that would limit "double dipping," in which retired government workers return to work and draw both a salary and a pension.
His deliberations include reviewing a new survey that shows most want him to veto the bill.
The State Personnel Office survey showed 53 percent of nearly 7,300 state employees who responded want him to veto the bill, while 47 percent want him to sign it.
The governor requested the survey as he faces a Friday deadline on what to do with House Bill 616, Richardson spokeswoman Alarie Ray-Garcia said. "He had originally been leaning toward signing this bill because he is aware of some instances of abuse ... but he felt like he hadn't heard from state employees," she said.
The bill underwent several changes as it worked through the Legislature, passing the House on a 49-13 vote and the Senate 40-0.
Richardson has received thousands of dollars in campaign contributions from state workers, but Ray-Garcia said that is not a factor in his asking for the survey.
The bill's author, state Rep. Lucky Varela, D-Santa Fe, expressed frustration at the survey. Varela, who has argued that the change in return-to-work rules would create more opportunities for advancement for younger employees, said he has no idea how the governor might act.
"That's pretty anemic, isn't it?" he said of the survey. "I think a better plan would have been to provide a poll to the public in general to see what kind of result came out of it."
State employees who return to work would naturally want the governor to veto the bill, Varela said. "If you're a younger employee, up and coming, it might be a detriment to speak out on issues like that."
Union lobbyist Carter Bundy said he sees the survey as a genuine attempt by the governor to get feedback. The political director of the American Federation of State, County and Municipal Employees said double dipping needs to be reformed.
"It's bad for the general fund, it's bad for PERA, and it's bad in terms of morale and mentoring younger people," Bundy said.
HB616 would allow local-government retirees in large cities and counties to receive both a salary and pension for two years after applying for retirement benefits. The limit would be five years for retired law-enforcement officers and retirees in smaller cities and counties. In subsequent years, those workers could go on to receive both a salary and pension until earning a maximum of $30,000 in a given year — at which time their pension payments would be suspended while they continue receiving a paycheck.
Ray-Garcia said about a third of the state's roughly 20,000 workers responded to the survey by e-mail between Friday and Tuesday's deadline. She said the governor also is considering a letter from the Attorney General's Office that raises constitutional issues. AG spokesman Phil Sisneros said the office conveyed concerns raised by a third party, but he declined to comment further, citing attorney-client privilege.
Varela said those concerns came from lawyers who represent return-to-work employees.
"If I were in return-to-work, I would (object to the bill) if I retire at 70 grand and I'm making $90,000 in salary," Varela said. He said he hadn't learned which lawyers approached the AG's office.
According to a Richardson news release on the survey, 7,286 state workers responded.
Of those:
- 26 percent are Public Employees Retirement Association retirees working for the state; and 74 percent are not retirees.
- 56 percent supported or strongly supported the ability to return to work for government; 34 percent oppose or strongly oppose it.
- 42 percent cited a financial reason as the main reason to return to work after retirement; 27 cited health care costs; and 15 percent said they were not ready to stop working.
- 65 percent said the issue should be studied more; 35 percent said there is no need for more study.
Contact Doug Mattson at 986-3087 or dmattson@sfnewmexican.com.