reglab/housing_qa huggingface dataset:
NM Stat § 10-12B-13 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 12B - Judicial Retirement|Section 10-12B-13 - Disability retirement pension.

A. A judge or justice with the applicable minimum number of years of service credit accrued pursuant to the provisions of the Judicial Retirement Act who becomes unable to carry out the duties of that office due to physical or mental disability shall, upon determination of the disability and relinquishment of office, receive a pension from the fund so long as the disability continues. Determination of disability shall be made by the board in accordance with the provisions of the Public Employees Retirement Act [Chapter 10, Article 11 NMSA 1978] and rules promulgated pursuant to that act. B. The amount of the pension shall be calculated using the formula for normal retirement set out in Section 10-12B-9 NMSA 1978. C. The applicable service credit requirement shall be waived if the board finds the disability to have been the natural and proximate result of causes arising solely and exclusively out of and in the course of the member's performance of duty as a judge or justice, and the amount of pension shall be computed as if the member had the applicable minimum number of years of service credit as a judge or justice. History: Laws 1992, ch. 111, § 13; 2014, ch. 35, § 9. ANNOTATIONSThe 2014 amendment, effective July 1, 2014, based the disability pension on the applicable minimum number of years of service credit; in Subsection A, after "justice with", deleted "five" and added "the applicable minimum number of", and after "minimum number of years" deleted "or more"; and in Subsection C, after "The", deleted "five-year" and added "applicable", and after "computed as if the member had", deleted "five" and added "the applicable minimum number of". Severability. — Laws 2014, ch. 35, § 16 provided that if any part or application of Laws 2014, ch. 35 is held invalid, the remainder or its application to other situations or persons shall not be affected.
NM Stat § 10-12B-14 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 12B - Judicial Retirement|Section 10-12B-14 - Survivor's pension.

For a member whose initial term of office began prior to July 1, 2014: A. unless that member has designated a survivor beneficiary in accordance with Subsection B of this section, a survivor pension shall be paid for life to a member's or retired member's surviving spouse; B. the member may designate, in writing in a form prescribed by the association, a survivor beneficiary to receive the survivor's pension described in this section. If the member is married, a designation of survivor beneficiary other than the member's spouse may only be made with the written consent of the member's spouse. Marriage subsequent to a designation of survivor beneficiary shall automatically revoke the designation of survivor beneficiary. A designation of survivor beneficiary made pursuant to a court order issued under Section 10-12B-7 NMSA 1978 shall not require the consent of the member's spouse, if any, and shall not be revoked by the subsequent remarriage of the member. A designation of survivor beneficiary may be revoked by the member at any time prior to the member's retirement. If the member is married, a revocation of designation of survivor beneficiary may only be made with the written consent of the member's spouse; C. if there is no surviving spouse and no designated survivor beneficiary or if the surviving spouse dies while there are still minor and dependent children of the member, the survivor's pension shall be paid to all minor and dependent children, if any, of the member, in equal shares, so long as each child remains a minor or dependent child. As each child ceases to be a minor or dependent child, the number of shares shall be reduced and the amount payable to each remaining child increased proportionately so that the total survivor's pension remains unchanged as long as there is any such child; D. the survivor's pension is equal to seventy-five percent of the member's pension; E. survivor beneficiaries shall be eligible for other benefits provided pursuant to the provisions of the Judicial Retirement Act, including cost-of-living adjustments and continuation of group insurance benefits; and F. if the member dies while receiving a disability retirement pension, the survivor beneficiary shall receive the survivor pension provided pursuant to the provisions of the Judicial Retirement Act. History: Laws 1992, ch. 111, § 14; 2014, ch. 35, § 10. ANNOTATIONSThe 2014 amendment, effective July 1, 2014, provided for survivor's pension for judges; and at the beginning of the subsection, added "For a member whose initial term of office began prior to July 1, 2014". Severability. — Laws 2014, ch. 35, § 16 provided that if any part or application of Laws 2014, ch. 35 is held invalid, the remainder or its application to other situations or persons shall not be affected.
NM Stat § 10-12B-15.1 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 12B - Judicial Retirement|Section 10-12B-15.1 - Qualified pension recipient; cost-of-living-adjustment wait period; declining increase.

A. Pursuant to the Judicial Retirement Act, a qualified pension recipient is a: (1) normal retired member who retires: (a) on or before June 30, 2014 and has been retired for at least two full calendar years from the effective date of the latest retirement prior to July 1 of the year in which the pension is being adjusted; (b) between July 1, 2014 and June 30, 2015 and has been retired for at least three full calendar years from the effective date of the latest retirement prior to July 1 of the year in which the pension is being adjusted; (c) between July 1, 2015 and June 30, 2016 and has been retired for at least four full calendar years from the effective date of the latest retirement prior to July 1 of the year in which the pension is being adjusted; or (d) on or after July 1, 2016 and has been retired for at least seven full calendar years from the effective date of the latest retirement prior to July 1 of the year in which the pension is being adjusted; (2) normal retired member who is at least sixty-five years of age and has been retired for at least one full calendar year from the effective date of the latest retirement prior to July 1 of the year in which the pension is being adjusted; (3) disability retired member who has been retired for at least one full calendar year from the effective date of the latest retirement prior to July 1 of the year in which the pension is being adjusted; (4) survivor beneficiary who has received a survivor pension for at least two full calendar years; or (5) survivor beneficiary of a deceased retired member who otherwise would have been retired at least two full calendar years from the effective date of the latest retirement prior to July 1 of the year in which the pension is being adjusted. B. A qualified pension recipient may decline an increase in a pension by giving the association written notice of the decision to decline the increase at least thirty days prior to the date the increase would take effect. History: 1978 Comp., § 10-12B-15.1, enacted by Laws 2014, ch. 35, § 15. ANNOTATIONSEffective dates. — Laws 2014, ch. 35, § 17 provided that Laws 2014, ch. 35, § 15 was effective July 1, 2014. Severability. — Laws 2014, ch. 35, § 16 provided that if any part or application of Laws 2014, ch. 35 is held invalid, the remainder or its application to other situations or persons shall not be affected.
NM Stat § 10-12B-16 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 12B - Judicial Retirement|Section 10-12B-16 - Group insurance; continuation.

If the provisions of the Retiree Health Care Act [Chapter 10, Article 7C NMSA 1978] do not apply to a retired member, that retired member may continue to be insured under the provisions of any state group insurance plan in effect at the time of retirement or under the terms of any separate subsequent state group insurance plan, if the retired member pays the entire periodic premium charges for such insurance and consents to have the periodic premium charges deducted from the retired member's pension. History: Laws 1992, ch. 111, § 16.
NM Stat § 10-12B-17 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 12B - Judicial Retirement|Section 10-12B-17 - Suspension or forfeiture of benefits.

A. If a member retires and is subsequently employed by any employer covered by any state system or the educational retirement system, the retired member's pension shall be suspended effective the first day of the month following the month in which the subsequent employment begins. The suspended pension of a previously retired member shall resume and be effective the first day of the month following the month in which the member leaves office or terminates the subsequent employment. B. The right to receive a pension pursuant to the provisions of the Judicial Retirement Act shall be forfeited if the member is removed from office pursuant to the provisions of Article 6, Section 32 of the constitution of New Mexico and the member's only entitlement from the fund shall be the refund of the member's own contributions. History: Laws 1992, ch. 111, § 17.
NM Stat § 10-12B-18 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 12B - Judicial Retirement|Section 10-12B-18 - Adjustment of pension.

A. If payment of a pension or other retirement benefit causes a decrease in the amount of monetary payments or other needs-based benefits due to a payee from any other governmental agency, the pension or other retirement benefit shall be reduced for the period during which the pension or other retirement benefit prevents payment of another needs-based benefit to result in payment of the maximum amount possible by the association and the other governmental agency to the payee. Any amounts that would otherwise be paid out that are not paid in accordance with the provisions of this section shall not be recoverable by a payee at any later date. B. If there is a change in the effect of pension or other retirement benefit on any monetary payments or other needs-based benefits due to a payee from any other governmental agency, the pension or other retirement benefits shall be adjusted to result in the maximum total benefit to the payee. In no event shall any pension be increased in an amount greater than that authorized by the Judicial Retirement Act. C. The provisions of this section are mandatory and shall not be waived or declined by a payee. Each payee shall provide the association with all information necessary for the association to carry out the requirements imposed by this section. D. If the payee fails to provide all the facts necessary to comply with the requirements imposed by this section, and payment of a pension or other retirement benefit is made without making the adjustment required by this section, neither the board, the executive director nor any officer or employee of the association or the board shall be liable to any third party because the adjustment was not made as required. E. As used in this section: (1) "pension" means a normal retirement, survivor or disability retirement pension payable to a retired member or survivor beneficiary pursuant to the Judicial Retirement Act; (2) "governmental agency" means the federal government, any department or agency of the federal government, any state and any department, agency or political subdivision of a state; (3) "total benefits" means pensions plus any other monetary payments or other needs-based benefits due to the payee from any governmental agency; (4) "needs-based benefit" means monetary or other benefits for which a determination of eligibility is based upon the recipient's level of income and resources; and (5) "payee" means a retired member or the refund beneficiary or survivor beneficiary of a retired member. History: Laws 1995, ch. 115, § 4; 1997, ch. 189, § 13. ANNOTATIONSThe 1997 amendment, effective June 20, 1997, in Subsection D, deleted "retirement" preceding "board" in two places and substituted "director" for "secretary".
NM Stat § 10-12B-19 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 12B - Judicial Retirement|Section 10-12B-19 - Corrections of errors and omissions; estoppel.

A. If an error or omission results in overpayment to a member or beneficiary of a member, the association shall correct the error or omission and adjust all future payments accordingly. The association shall recover all overpayments made for a period of up to one year prior to the date the error or omission was discovered. B. A person who is paid more than the amount that is lawfully due him as a result of fraudulent information provided by the member or beneficiary shall be liable for the repayment of that amount to the association plus interest on that amount at the rate set by the board plus all costs of collection, including attorney fees if necessary. Recovery of such overpayment shall extend back to the date the first payment was made based on the fraudulent information. C. Statements of fact or law made by board members or employees of the board or the association shall not estop the board or the association from acting in accordance with the applicable statutes. History: Laws 1995, ch. 115, § 5; 1997, ch. 189, § 14. ANNOTATIONSThe 1997 amendment, effective June 20, 1997, in Subsection A, in the first sentence, deleted "in an application or its supporting documents" preceding "results" and added the language beginning "the association" and made a stylistic change in Subsection B.
NM Stat § 10-12C-4 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 12C - Magistrate Retirement|Section 10-12C-4 - Membership.

Every magistrate while in office shall become a member and shall be subject to the provisions of the Magistrate Retirement Act; provided, however, that a magistrate who, prior to July 1, 2014, applied for and received an exemption from membership shall not become a member until such exemption ends. A magistrate who is retired under any state system or the educational retirement system shall: A. pay the applicable member contributions and the state, through the administrative office of the courts, shall pay the applicable employer contributions as provided pursuant to the Magistrate Retirement Act; and B. not accrue a service credit and shall not be eligible to purchase service credit nor to retire pursuant to the Magistrate Retirement Act. History: Laws 1992, ch. 118, § 4; 2014, ch. 39, § 3; 2014, ch. 43, § 3. ANNOTATIONSThe 2014 amendment, effective July 1, 2014, eliminated the optional exemption from membership in the magistrate retirement system; required membership; in the first sentence, deleted the former language which provided an exception for magistrates who elected to be covered by the Public Employees Retirement Act and magistrates who previously retired pursuant to a state system or the educational retirement system; after "Every magistrate", added "while", after "while in office", deleted "on or after the effective date of the Magistrate Retirement Act", after "become a member", deleted "upon appointment or election to that office", and after "Magistrate Retirement Act", deleted "upon taking office; unless a written application for exemption from membership is filed with the association within ninety days of taking office", deleted the former second sentence which provided for an exemption from membership in the magistrate retirement system, added the second sentence, including Subsections A and B, and deleted the former third sentence which provided for the resumption of membership upon revocation of the exemption. Laws 2014, ch. 39, § 3 and Laws 2014, ch. 43, § 3, both effective July 1, 2014, enacted identical amendments to this section. The section was set out as amended by Laws 2014, ch. 43, § 3. See 12-1-8 NMSA 1978. Severability. — Laws 2014, ch. 43, § 16 provided that if any part or application of Laws 2014, ch. 43 is held invalid, the remainder or its application to other situations or persons shall not be affected.
NM Stat § 10-12C-6 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 12C - Magistrate Retirement|Section 10-12C-6 - Refund of contributions.

A. If a member leaves office, the member may, with the written consent of the member's spouse, if any, withdraw the member's accumulated member contributions, upon making written request in a form prescribed by the association. Upon written request of the member in the form prescribed by the association, a refund of member contributions may be made by a trustee-to-trustee transfer of the contributions from the member contribution fund directly to another qualified plan as allowed by the Internal Revenue Code of 1986. Withdrawal of member contributions shall result in forfeiture of the service credit accrued for the period during which the contributions were made. B. A member shall, upon commencement of membership, designate a refund beneficiary who shall receive the refund of the member contributions, plus interest if any, if the member dies and no survivor pension is payable. If the member is married at the time of designation, written spousal consent shall be required if the designated refund beneficiary is a person other than the spouse. Marriage subsequent to the designation shall automatically revoke a previous designation, and the spouse shall become the refund beneficiary unless or until another designation is filed with the association. Divorce subsequent to the designation shall automatically revoke designation of the former spouse as refund beneficiary, or the right of the former spouse to be refund beneficiary if no designation has been filed, and the refund shall be paid to the deceased member's estate unless the member filed a designation of refund beneficiary subsequent to the divorce. The refund shall be paid to the refund beneficiary named in the most recent designation of refund beneficiary on file with the association unless that beneficiary is deceased. If there is not a living refund beneficiary named in the most recent designation of refund beneficiary on file with the association, the deceased member's accumulated member contributions shall be paid to the estate of the deceased member. History: Laws 1992, ch. 118, § 6; 1995, ch. 115, § 12. ANNOTATIONSCross references. — For the federal Internal Revenue Code, see 26 U.S.C. § 1 et seq. The 1995 amendment, effective June 16, 1995, rewrote this section to the extent that a detailed comparison is impracticable.
NM Stat § 10-12C-8 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 12C - Magistrate Retirement|Section 10-12C-8 - Age and service credit requirements for normal retirement.

A. For a magistrate who was a member on June 30, 2014, the age and service credit requirements for retirement provided for in the Magistrate Retirement Act are: (1) age sixty-five years or older and five or more years of service credit; (2) age sixty years or older and fifteen or more years of service credit; or (3) any age and twenty-four or more years of service credit. B. For a magistrate who initially became a member on or after July 1, 2014, the age and service requirements for normal retirement provided for in the Magistrate Retirement Act are: (1) age sixty-five years or older and eight or more years of service credit; (2) age sixty years or older and fifteen or more years of service credit; or (3) any age and twenty-four or more years of service credit. C. Except for a member who is retired under any state system or the educational retirement system, if a member leaves office for any reason, other than removal pursuant to Article 6, Section 32 of the constitution of New Mexico before meeting the age and service credit requirements for retirement pursuant to the provisions of this section and if that member leaves the member contributions on deposit in the fund, that member may apply for retirement when that member meets the age and service credit requirements for retirement pursuant to the provisions of the Magistrate Retirement Act or provisions of the Public Employees Retirement Reciprocity Act [Chapter 10, Article 13A NMSA 1978]. D. No member shall be eligible to receive a pension pursuant to the provisions of the Magistrate Retirement Act while still in office. History: Laws 1992, ch. 118, § 8; 2014, ch. 39, § 5; 2014, ch. 43, § 5. ANNOTATIONSThe 2014 amendment, effective July 1, 2014, changed the age and service requirements for normal retirement; in Subsection A, in the introductory sentence, added "For a magistrate who was a member on June 30, 2014"; in Subsection A, Paragraph (1), after "age", deleted "sixty-four" and added "sixty-five"; added Subsection B; in Subsection C, at the beginning of the sentence, added "Except for a member who is retired under any state system or the educational retirement system", and at the end of the sentence, deleted "if enacted by the second session of the fortieth legislature of the state of New Mexico". Laws 2014, ch. 39, § 5 and Laws 2014, ch. 43, § 5, both effective July 1, 2014, enacted identical amendments to this section. The section was set out as amended by Laws 2014, ch. 43, § 5. See 12-1-8 NMSA 1978. Severability. — Laws 2014, ch. 43, § 16 provided that if any part or application of Laws 2014, ch. 43 is held invalid, the remainder or its application to other situations or persons shall not be affected.