reglab/housing_qa huggingface dataset:
NM Stat § 10-11-115.1 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 11 - Retirement of Public Officers and Employees Generally|Section 10-11-115.1 - Municipal detention officer member coverage plan 1; applicability.

Municipal detention officer member coverage plan 1 is applicable to municipal detention officer members on the later of July 1, 2004 or the first day of the calendar month following certification of the election adopting municipal detention officer member coverage plan 1 by an affirmative vote of the majority of the affiliated public employer's municipal detention officer members. The election shall be conducted by the affiliated public employer. The certification shall be in the form prescribed by the retirement board. The election procedures shall afford all municipal detention officer members of the affiliated public employer an opportunity to vote. An election adopting municipal detention officer member coverage plan 1 for a given affiliated public employer is irrevocable for the purpose of subsequently adopting a coverage plan that would decrease employer or employee contributions with respect to all current and future municipal detention officer members of that affiliated public employer. History: Laws 2003, ch. 268, § 2. ANNOTATIONSEffective dates. — Laws 2003, ch. 268, § 17 made the act effective July 1, 2003.
NM Stat § 10-11-115.2 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 11 - Retirement of Public Officers and Employees Generally|Section 10-11-115.2 - Municipal detention officer member coverage plan 1; age and service requirements for normal retirement; calculation of credited service.

A. Under municipal detention officer member coverage plan 1, for a member who was a retired member or a member on June 30, 2013, the age and service requirements for normal retirement are:(1) age sixty-five years or older and five or more years of credited service;(2) age sixty-four years and eight or more years of credited service;(3) age sixty-three years and eleven or more years of credited service;(4) age sixty-two years and fourteen or more years of credited service;(5) age sixty-one years and seventeen or more years of credited service;(6) age sixty years and twenty or more years of credited service; or(7) any age and twenty-five or more years of credited service.B. For a member who was not a retired member or a member on June 30, 2013, the age and service requirements for normal retirement are:(1) age sixty years or older and five or more years of service credit; or(2) any age and twenty-five or more years of service credit.C. For the purposes of determining retirement eligibility and the amount of pension, the credited service of a municipal detention officer member who was a retired member or a member on June 30, 2013 shall be increased by twenty percent for the purposes of municipal detention officer member coverage plan 1.D. Except as provided in Subsection C of this section, the credited service of a municipal detention officer member shall be credited as provided under Section 10-11-4 NMSA 1978.History: Laws 2003, ch. 268, § 3; 2013, ch. 225, § 87; 2020, ch. 11, § 58. ANNOTATIONSThe 2020 amendment, effective July 1, 2020, changed the service credit requirement for certain retirees; and in Subsection B, Paragraph B(1), after "older and", deleted "six" and added "five".The 2013 amendment, effective July 1, 2013, increased the age and service requirements for normal retirement of members who retire after June 30, 2013; in Subsection A, in the introductory sentence, after "member coverage plan 1", added "for a member who was a retired member or a member on June 30, 2013"; added Subsection B; deleted a remnant of former Subsection B, which provided that "In calculating credited service", in Subsection C, after "detention officer member", added "who was a retired member or member on June 30, 2013" and after "June 30, 2013 shall", deleted "have actual credited service" and added "be"; and added Subsection D. Severability. — Laws 2013, ch. 225, § 93 provided that if any part or application of Laws 2013, ch. 225 is held invalid, the remainder or its application to other situations or persons shall not be affected.
NM Stat § 10-11-115.3 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 11 - Retirement of Public Officers and Employees Generally|Section 10-11-115.3 - Municipal detention officer member coverage plan 1; amount of pension; form of payment A.

Under municipal detention officer member coverage plan 1, the amount of pension under form of payment A is equal to three percent of the final average salary multiplied by credited service. The amount shall not exceed ninety percent of the final average salary. History: Laws 2003, ch. 268, § 4; 2013, ch. 225, § 88. ANNOTATIONSThe 2013 amendment, effective July 1, 2013, increased the maximum pension benefit; and in the second sentence, after "shall not exceed", deleted "sixty" and added "ninety". Severability. — Laws 2013, ch. 225, § 93 provided that if any part or application of Laws 2013, ch. 225 is held invalid, the remainder or its application to other situations or persons shall not be affected.
NM Stat § 10-11-115.4 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 11 - Retirement of Public Officers and Employees Generally|Section 10-11-115.4 - Repealed.

History: Laws 2003, ch. 268, § 5; repealed by Laws 2009, ch. 288, § 20. ANNOTATIONSRepeals. — Laws 2009, ch. 288, § 20 repealed 10-11-115.4 NMSA 1978, as enacted by Laws 2003, ch. 268, § 5, relating to municipal detention officer member coverage plan 1, final average salary, effective July 1, 2011. For provisions of former section, see the 2010 NMSA 1978 on NMOneSource.com.
NM Stat § 10-11-115.5 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 11 - Retirement of Public Officers and Employees Generally|Section 10-11-115.5 - Municipal detention officer member coverage plan 1; member contribution rate.

A member under municipal detention officer member coverage plan 1 shall contribute sixteen and sixty-five hundredths percent of salary with the first full pay period in the calendar month in which municipal detention officer member coverage plan 1 becomes applicable to the member, except that a member whose annual salary is greater than twenty-five thousand dollars ($25,000) shall contribute:A. prior to July 1, 2022, eighteen and fifteen-hundredths percent of salary;B. beginning July 1, 2022 and continuing through June 30, 2023, eighteen and sixty-five hundredths percent of salary;C. beginning July 1, 2023 and continuing through June 30, 2024, nineteen and fifteen-hundredths percent of salary;D. beginning July 1, 2024 and continuing through June 30, 2025, nineteen and sixty-five hundredths percent of salary; andE. beginning July 1, 2025 and thereafter, twenty and fifteen-hundredths percent of salary. History: Laws 2003, ch. 268, § 6; 2013, ch. 225, § 89; 2020, ch. 11, § 59. ANNOTATIONSThe 2020 amendment, effective July 1, 2020, increased member contribution rates by .5 percent each year for four years for members whose annual salary is greater than twenty-five thousand dollars, and increased the salary amount applicable to the increased member contribution rate; in the introductory clause, after "greater than", deleted "twenty thousand dollars ($20,000)" and added "twenty-five thousand dollars ($25,000)", and after "shall contribute", deleted "eighteen and fifteen-hundredths percent of salary"; and added Subsections A through E.The 2013 amendment, effective July 1, 2013, increased the employee contribution rate for employees earning more than twenty thousand dollars in salary annually; deleted the entire section, which provided for employee contributions at a rate of sixteen and sixty-five hundredths percent of salary; and added the current language. Severability. — Laws 2013, ch. 225, § 93 provided that if any part or application of Laws 2013, ch. 225 is held invalid, the remainder or its application to other situations or persons shall not be affected.
NM Stat § 10-11-115.6 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 11 - Retirement of Public Officers and Employees Generally|Section 10-11-115.6 - Municipal detention officer member coverage plan 1; employer contribution rate.

The affiliated public employer shall contribute the following percentages of the salary of each member under municipal detention officer member coverage plan 1 starting with the first pay period that ends within the calendar month in which municipal detention officer member coverage plan 1 becomes applicable to the member:A. prior to July 1, 2022, seventeen and three-tenths percent of salary;B. beginning July 1, 2022 and continuing through June 30, 2023, seventeen and eight-tenths percent of salary;C. beginning July 1, 2023 and continuing through June 30, 2024, eighteen and three-tenths percent of salary;D. beginning July 1, 2024 and continuing through June 30, 2025, eighteen and eight-tenths percent of salary; andE. beginning July 1, 2025 and thereafter, nineteen and three-tenths percent of salary.History: Laws 2003, ch. 268, § 7; 2013, ch. 225, § 90; 2019, ch. 237, § 17; 2020, ch. 11, § 60.ANNOTATIONSThe 2020 amendment, effective July 1, 2020, increased affiliated public employer contribution rates by .5 percent each year for four years; in the introductory clause, after "shall contribute", deleted "seventeen and three-tenths percent" and added "the following percentages"; and added Subsections A through E.The 2019 amendment, effective July 1, 2019, increased employer contribution rates to the funds included under the Public Employees Retirement Act; after "shall contribute seventeen and", deleted "five hundredths" and added "three-tenths", and after "applicable to the member", deleted "except that, from July 1, 2013 through June 30, 2014, the affiliated public employer contribution rate shall be sixteen and sixty-five hundredths percent of the salary of each member".The 2013 amendment, effective July 1, 2013, increased the employer contribution rate; after "contribute", deleted "sixteen and sixty-five hundredths" and added "seventeen and five-hundredths"; and after "applicable to the member", added the remainder of the sentence. Severability. — Laws 2013, ch. 225, § 93 provided that if any part or application of Laws 2013, ch. 225 is held invalid, the remainder or its application to other situations or persons shall not be affected.
NM Stat § 10-11-115.7 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 11 - Retirement of Public Officers and Employees Generally|Section 10-11-115.7 - Municipal detention officer member coverage plan 1; service credit required for municipal detention officer members.

Notwithstanding other provisions of the Public Employees Retirement Act, to qualify for retirement pursuant to municipal detention officer member coverage plan 1, a municipal detention officer member shall have eighteen months of service credit earned under that coverage plan. History: Laws 2003, ch. 268, § 8. ANNOTATIONSEffective dates. — Laws 2003, ch. 268, § 17 made the act effective July 1, 2003.
NM Stat § 10-11-118.1 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 11 - Retirement of Public Officers and Employees Generally|Section 10-11-118.1 - Adjustment of benefits.

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 which would otherwise be paid out which 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 a 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 Public Employees Retirement Act. C. The provisions of this section are mandatory and may 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 Public Employees 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: 1978 Comp., § 10-11-118.1, enacted by Laws 1992, ch. 116, § 9; 1993, ch. 160, § 5; 1997, ch. 189, § 18. ANNOTATIONSThe 1997 amendment, effective June 20, 1997, in Subsection D, deleted "retirement" preceding "board" in two places and substituted "director" for "secretary". The 1993 amendment, effective June 18, 1993, rewrote this section to the extent that a detailed comparison would be impracticable.
NM Stat § 10-11-119 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 11 - Retirement of Public Officers and Employees Generally|Section 10-11-119 - Commencement, change and termination of a pension.

A. A normal or disability pension shall commence the first day of the month following retirement. A preretirement survivor pension shall commence the first day of the month following the date of the death resulting in the pension. A postretirement survivor pension shall commence the first day of the month following the date of the death resulting in the pension. B. Termination of payment of a pension shall occur at the end of the month in which the event causing termination occurs. Payment shall be made for the full month of termination. C. A change in the amount of a pension shall occur the first day of the month following the date of the event causing the change. History: Laws 1987, ch. 253, § 119. ANNOTATIONSEffect of 1987 recodification. — The 1987 recodification of the public employees retirement act does not permit a normal or disability retirement pension to be made retroactive. 1988 Op. Att'y Gen. No. 88-15. Retroactive award prohibited. — The Public Employees Retirement Association may not award disability benefits retroactive to the date on which the member's name last appeared on the payroll with pay. 1989 Op. Att'y Gen. No. 89-18.
NM Stat § 10-11-120 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 11 - Retirement of Public Officers and Employees Generally|Section 10-11-120 - Denial of benefit claim; appeals.

A. A benefit claimant shall be notified in writing of a denial of a claim for benefits within thirty days of the denial. The notification shall give the reason for the denial. A claimant may appeal the denial and request a hearing. The appeal shall be in writing filed with the association within ninety days of the denial. The appeal shall contain a statement of the claimant's reason for claiming the denial to be improper. The retirement board shall schedule a de novo hearing of the appeal before the retirement board or, at the discretion of the retirement board, a designated hearing officer or committee of the retirement board within sixty days of receipt of the appeal. A final decision on the matter being appealed shall be made by the retirement board. B. Appeals from a final decision of the retirement board may be filed pursuant to the provisions of Section 39-3-1.1 NMSA 1978. History: Laws 1987, ch. 253, § 120; 1997, ch. 189, § 8; 1998, ch. 55, § 22; 1999, ch. 265, § 22. ANNOTATIONSCross references. — For procedures governing administrative appeals to the district court, see Rule 1-074 NMRA. The 1999 amendment, effective July 1, 1999, substituted "Section 39-3-1.1" for "Section 12-8A-1" in Subsection B. The 1998 amendment, effective September 1, 1998, rewrote Subsection B. The 1997 amendment, effective June 20, 1997, in Subsection A, rewrote the first sentence, and in the second sentence, inserted "de novo" and inserted "designated hearing officer or". Burden of proof. — The burden of showing entitlement to benefits rests on the claimant. Johnson v. Pub. Emps. Ret. Bd., 1998-NMCA-174, 126 N.M. 282, 968 P.2d 793, cert. denied, 126 N.M. 532, 972 P.2d 351. Plaintiffs must exhaust their administrative remedies. — Where plaintiff husband, a retired member of the public employees retirement association, sought declaratory relief under the Declaratory Judgment Act, 44-6-1 to -15 NMSA 1978 (1975) after he executed and delivered a one-time irrevocable option to deselect his wife as his survivor beneficiary and designate his daughter as the new survivor beneficiary, but later claimed that the deselection of wife and designation of daughter was a mistake, and where the public employees retirement board declined plaintiff's request to void the action, the district court properly dismissed plaintiff's action for failure to exhaust his administrative remedies, because 10-11-120 NMSA 1978 provides the exclusive remedy for the denial of benefits under the Public Employees Retirement Act and the declaratory judgment exception for the exhaustion of administrative remedies was not available to plaintiff. Gzaskow v. Public Employees Ret. Bd., 2017-NMCA-064.
NM Stat § 10-11-121 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 11 - Retirement of Public Officers and Employees Generally|Section 10-11-121 - Group health insurance; continuation; group life insurance.

A. Any member or survivor pension beneficiary may continue to be insured under the provisions of any affiliated public employer's group health insurance plan in effect at the time of retirement or death or under the terms of any separate subsequent group health insurance plan of the affiliated public employer if the retired member or survivor pension beneficiary pays the periodic premium charges and consents to have the association deduct the periodic premium charges from the retired member's or survivor pension beneficiary's pension. The affiliated public employer shall furnish to the association in the manner prescribed by the association a monthly listing of all members or survivor pension beneficiaries who have elected to continue to be insured in accordance with this section and shall also provide the association with written notification of any changes in insurance providers at least sixty days prior to any such change. The association shall make any such changes no later than sixty days after the date of notification. B. Any member who retires after July 1, 1990, may be insured under the provisions of any affiliated public employer's group life insurance plan for retirees in effect at the time of retirement or death or under the terms of any separate subsequent group life insurance plan for retirees of the affiliated public employer if the retired member pays the periodic premium charges and consents to have the association deduct the periodic premium charges from the retired member's pension. The affiliated public employer shall furnish to the association in the manner prescribed by the association a monthly listing of all members who have elected to continue to be insured in accordance with this section and shall also provide the association with written notification of any changes in insurance providers at least sixty days prior to any such change. The association shall make any such changes no later than sixty days after the date of notification. History: Laws 1987, ch. 253, § 121; 1989, ch. 347, § 2; 1990, ch. 128, § 2. ANNOTATIONSCross references. — For amounts of group insurance contributions of governmental entities, see 10-7-4 NMSA 1978. For right of retiree of affiliated public employer to participate in group health insurance plan, see 10-7-5.1 NMSA 1978.
NM Stat § 10-11-122 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 11 - Retirement of Public Officers and Employees Generally|Section 10-11-122 - Public employer affiliation.

A. A public employer who is an affiliated public employer on the effective date of the Public Employees Retirement Act shall continue to be an affiliated public employer. B. A public employer who is not an affiliated public employer on the effective date of the Public Employees Retirement Act may become an affiliated public employer by resolution or ordinance adopted by its governing body. Affiliation shall be effective the first day of the month following completion of each of the following requirements: (1) the public employer files a certified copy of the resolution or ordinance with the association; and (2) the public employer furnishes the association with all information requested by the association. C. An affiliated public employer may adopt a coverage plan by resolution or ordinance of its governing body, unless a procedure for adopting the change is otherwise provided in the Public Employees Retirement Act. The change shall be effective the first day of the month following completion of each of the following requirements: (1) the public employer files a certified copy of the resolution or ordinance with the association; and (2) the public employer furnishes the association with all information requested by the association. D. A public employer created by one of the methods specified in this subsection shall be an affiliated public employer with the coverage plan that provides the highest pension applicable to any of the groups of members brought under its employment. (1) This subsection applies to a public employer created: (a) by a merger of two or more affiliated public employers; (b) pursuant to a joint powers agreement between two or more affiliated public employers; (c) pursuant to a statute that authorizes two or more affiliated public employers to jointly create the public employer; or (d) pursuant to a statute that creates the public employer by expanding the jurisdiction or assuming the powers and duties of an existing affiliated public employer. (2) The public employer shall be an affiliated public employer on the first day of the month following the later of: (a) the date that the public employer files with the association a certified copy of the statute, ordinance, resolution or joint powers agreement under which the public employer is created; or (b) the date that the public employer furnishes the association with all information requested by the association. History: Laws 1987, ch. 253, § 122; 2005, ch. 333, § 3. ANNOTATIONSThe 2005 amendment, effective June 17, 2005, added Subsection D to provide for the affiliation of new public employers.