reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 9 - Personnel › Section 10-9-12 - Director duties.

The director shall:
A. supervise all administrative and technical personnel activities of the state;
B. act as secretary to the board;
C. establish, maintain and publish annually a roster of all employees of the state, showing for each employee his division, title, pay rate and other pertinent data;
D. make annual reports to the board;
E. recommend to the board rules he considers necessary or desirable to effectuate the Personnel Act; and
F. supervise all tests and prepare lists of persons passing them to submit to prospective employers.
History:
1953 Comp., § 5-4-35, enacted by Laws 1961, ch. 240, § 8; 1967, ch. 181, § 4.
ANNOTATIONS
State law designates the position of personnel director to be a major advisory position.
Perez v. N.M. Dep't of Workforce Solutions
, 2014-NMCA-035.
Personnel director was not entitled to unemployment compensation.
— Where petitioner, who was terminated from petitioner's position as personnel director, sought unemployment compensation; and pursuant to the Personnel Act, the personnel director is the administrative director of a governmental office in charge of Personnel Act matters throughout the entirety of state government, must supervise and advise other employees, agencies, departments, divisions, bureaus, sections, boards and commissions in regard to personnel issues and problems, and must recommend and advise the entity responsible for adopting rules for administration of the Personnel Act, petitioner was not entitled to unemployment compensation because the position of personnel director is designated pursuant to state law as a major advisory position which is subject to the exclusion in 51-1-44(A)(5)(a) NMSA 1978.
Perez v. N.M. Dep't of Workforce Solutions
, 2014-NMCA-035.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
67 C.J.S. Officers and Public Employees § 197.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 9 - Personnel › Section 10-9-13.1 - Legislative finding; purpose of act.

The legislature finds that residents of the state are a valuable resource in state employment because of their dedication and commitment to the state they live in. Therefore, the purpose of this act [10-9-13, 10-9-13.1 NMSA 1978] is to encourage residents to remain in the state rather than moving out of state because of unsatisfactory employment opportunities in New Mexico.
History:
Laws 1983, ch. 28, § 1.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 9 - Personnel › Section 10-9-13.2 - Veteran's preference.

A. In establishing the list of eligibles for appointment, the board shall provide preference points for veterans honorably discharged from the armed forces of the United States. Veterans with a service-connected disability shall be awarded ten points over and above their regular test scores. Veterans without a service-connected disability shall be awarded five points over and above their regular test scores.
B. The board shall determine the rank on any employment list by adding the points to the veteran's final passing grade on the examination after the veteran has submitted proof of having status as a veteran at the time of application for employment with a state agency. In the case of a veteran having a service-connected disability, the veteran shall provide proof of a service-connected disability in the form of a certification by the federal veterans' administration. A veteran with or without a service-connected disability shall have his name placed on the list in accordance with the numerical rating of other veterans and nonveterans.
History:
Laws 1989, ch. 43, § 1 and Laws 1989, ch. 284, § 1.
ANNOTATIONS
Cross references.
— For act's purpose of encouraging residents to remain in state because of favorable employment opportunities,
see
10-9-13.1 NMSA 1978.
For reemployment of person in armed forces,
see
28-15-1 NMSA 1978.
Compiler's notes.
— Laws 1989, ch. 43, § 1 and Laws 1989, ch. 284, § 1 enacted virtually identical versions of this section. Subsection A was identical in both versions, but Subsection B in the Laws 1989, ch. 43, § 1 version read "The board shall determine the rank on any employment list by adding the points to the veteran's final passing grade on the examination after the veteran has submitted proof of having status as a veteran at the time of application for employment with a state agency. In the case of having a service-connected disability, the veteran shall provide proof of a service-connected disability in the form of a certification by the United States veterans' administration. A veteran in both five and ten point categories shall have his name placed on the list in accordance with the numerical rating of other veterans and nonveterans." The section was set out as enacted by Laws 1989, ch. 284, § 1.
See
12-1-8 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
67 C.J.S. Officers and Public Employers §§ 37 to 39.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 9 - Personnel › Section 10-9-14 - Blind not barred from competitive examination; method of testing.

A. No agency or officer of the state or any of its political subdivisions shall prohibit, prevent, disqualify or discriminate against any blind person, otherwise qualified, from registering, taking or competing in a competitive entrance or promotion test for any position for which the blind person makes application.
B. The state personnel board and all political subdivisions of the state which require competitive or promotion tests for any position shall provide an adequate and equal test by an appropriate method for any blind person requesting such a test at the time of submitting his application.
History:
1953 Comp., § 5-4-36.1, enacted by Laws 1967, ch. 71, § 1.
ANNOTATIONS
Cross references.
— For definition of "agency",
see
10-9-3 NMSA 1978.
For the Handicapped Employment Act,
see
28-10-9 NMSA 1978 et seq.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
67 C.J.S. Officers and Public Employees §§ 15, 16, 60, 61; 81A C.J.S. States § 86.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 9 - Personnel › Section 10-9-15 - Duties of state officers and employers.

All officers and employers of the state shall comply with the Personnel Act. All employers shall hire employees only from employment lists of applicants who meet prescribed minimum requirements and have passed the prescribed tests, provided by the director. All officers and employers shall furnish any records or information which the director or the board requests.
History:
1953 Comp., § 5-4-37, enacted by Laws 1961, ch. 240, § 10.
ANNOTATIONS
Cross references.
— For definition of "employer",
see
10-9-3 NMSA 1978.
Employees in journeyman occupations must obtain certificate of competency.
— The Personnel Act does not exempt state employees in journeyman occupations from obtaining a certificate of competency. 1981 Op. Att'y Gen. No. 81-11.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
67 C.J.S. Officers and Public Employees § 197.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 9 - Personnel › Section 10-9-16 - Status of present employees.

All employees of the state holding positions brought into the classified service by the Personnel Act shall be continued in their positions and become regular employees without original examinations, if they have held the position for at least one year immediately prior to the effective date of the Personnel Act. All other employees of the state holding positions brought into the service by the Personnel Act shall be continued in their positions as probationers until they have, not later than one year from the effective date of the Personnel Act, taken and passed a qualifying test prescribed by the director for the position held. An employee who fails to qualify shall be dismissed within thirty days after the establishment of an employment or promotion list for his position. Nothing in the Personnel Act shall preclude the reclassification or reallocation of any position held by an incumbent.
This section shall not apply to employees of the grant-in-aid agencies whose status as employees or probationers shall be recognized under rules to be promulgated by the board.
History:
1953 Comp., § 5-4-38, enacted by Laws 1961, ch. 240, § 11.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
67 C.J.S. Officers and Public Employees §§ 60, 61, 64.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 9 - Personnel › Section 10-9-17 - Certification of payroll.

No person shall make or approve payment for personnel services to any person in the service, unless the payroll voucher or account of the pay is certified by the director that the person being paid was employed in accordance with the Personnel Act.
History:
1953 Comp., § 5-4-39, enacted by Laws 1961, ch. 240, § 12.
ANNOTATIONS
Only concern of personnel department (personnel director) under this section
is to certify whether the person shown on a payroll voucher is employed in accordance with the Personnel Act, and this would involve such matters as eligibility for the particular covered position at the particular salary shown on the payroll voucher. 1963 Op. Att'y Gen. No. 63-105.
Certification authority applies only to positions covered under Personnel Act.
1963 Op. Att'y Gen. No. 63-105.
The status and compensation of unclassified (exempt) employees is of no concern to the personnel department (personnel director), as its statutory authority is limited to the "service" defined in Subsection C of Section 10-9-3 NMSA 1978. 1963 Op. Att'y Gen. No. 63-105.
Department of finance and administration corrects computation errors.
— If an objection of the personnel office (personnel director) to a payroll voucher goes to errors in computation or something of like nature, it is for the department of finance and administration to see that such errors are corrected. 1963 Op. Att'y Gen. No. 63-105.
Exemption questions determined by attorney general.
— The department of finance and administration is to honor a payroll voucher so long as it meets that department's requirements, but if the personnel department is of the opinion that a position is not exempt from coverage under the Personnel Act, a legal question involving statutory interpretation arises, and the matter should be referred to the office of the attorney general for determination. 1963 Op. Att'y Gen. No. 63-105.
Employing agency's determination of exemption prima facie correct.
— When an employing agency employs a person to hold a position which is exempt from coverage under the Personnel Act and so notifies the personnel department (personnel director), the determination by the employing agency is to be considered as prima facie correct. 1963 Op. Att'y Gen. No. 63-105.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
67 C.J.S. Officers and Public Employees § 238; 81A C.J.S. States § 86.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 9 - Personnel › Section 10-9-19 - Reduction in force.

Whenever an employee is terminated by an employer in a reduction in force by the employer, the terminated employee shall be rehired by that employer if the same or a comparable position becomes available in an increase of force within six months after the termination.
History:
1953 Comp., § 5-4-40.1, enacted by Laws 1963, ch. 200, § 7.
ANNOTATIONS
Authority to terminate.
— Section 10-9-19 NMSA 1978, by providing rehire rights to employees "terminated by an employer in a reduction in force", implicitly authorizes a state agency or department to terminate an employee due to an authorized reduction in force.
Cibas v. N.M. Energy, Minerals & Natural Resources Dep't
, 1995-NMCA-046, 120 N.M. 127, 898 P.2d 1265.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
67 C.J.S. Officers and Public Employees § 115.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 9 - Personnel › Section 10-9-20 - Oaths; testimony; records; refusal.

The board has the power to administer oaths, subpoena witnesses and compel the production of books and papers pertinent to any investigation or hearing authorized by the Personnel Act. Refusal to testify before the board on matters pertaining to personnel is grounds for dismissal from the service.
History:
1953 Comp., § 5-4-41, enacted by Laws 1961, ch. 240, § 14.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
73 C.J.S. Public Administrative Law and Procedure §§ 76 to 86.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 9 - Personnel › Section 10-9-22 - Unlawful acts prohibited.

It is unlawful to:
A. make any false statement, certificate, mark or rating with regard to any test, certification or appointment made under the Personnel Act;
B. directly or indirectly give, pay, offer, solicit or accept any money or other valuable consideration or secure or furnish any special or secret information for the purpose of affecting the rights or prospects of any person with respect to employment in the service.
History:
1953 Comp., § 5-4-43, enacted by Laws 1961, ch. 240, § 16.
ANNOTATIONS
Cross references.
— For employer immunity from liability for references on former employees,
see
50-12-1 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
67 C.J.S. Officers and Public Employees §§ 255, 257, 258.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 9 - Personnel › Section 10-9-23 - Penalties.

Any person wilfully violating any provision of the Personnel Act or the rules of the board is guilty of a misdemeanor. In addition to the criminal penalties, a person found guilty of a misdemeanor under the Personnel Act is ineligible for appointment to or employment in a position in the service, and forfeits his office or position.
History:
1953 Comp., § 5-4-44, enacted by Laws 1961, ch. 240, § 17.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
67 C.J.S. Officers and Public Employees §§ 22, 135 to 136, 255, 257, 258.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 9 - Personnel › Section 10-9-24 - Existing rules.

Existing personnel rules, policies and pay plans for employees of the state shall govern until new rules, policies and pay plans are established under the Personnel Act.
History:
1953 Comp., § 5-4-45, enacted by Laws 1961, ch. 240, § 18.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 9 - Personnel › Section 10-9-25 - Federal funds and assistance.

When the provisions of any laws of the United States, or any rule, order, or regulation of any federal agency or authority providing federal funds for use in New Mexico, either directly or indirectly or as a grant-in-aid, to be matched or otherwise, impose as a condition for the receipt of such funds, other or higher personnel standards or different classifications than are provided for by the Personnel Act, the board has the authority and is directed to adopt rules and regulations to meet the requirements of such law, rule, order or regulation.
History:
1953 Comp., § 5-4-46, enacted by Laws 1961, ch. 240, § 19.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 10 - State Government Internship Program › Section 10-10-1 - Creation of state government internship program.

There is established under the personnel board the office of inter-university and college training, to administer a program for securing, placing and training qualified university and college students who are New Mexico residents in positions within the state government.
History:
1953 Comp., § 5-8-1, enacted by Laws 1959, ch. 73, § 1; 1967, ch. 54, § 1; 1975, ch. 85, § 1.
ANNOTATIONS
Cross references.
— For personnel board,
see
10-9-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 10 - State Government Internship Program › Section 10-10-2 - Purposes.

The purposes of this act [10-10-1 to 10-10-5 NMSA 1978] are:
A. to secure and to channel selected college students into positions within the state government;
B. to aid in the process of coordinating the various institutions of higher learning of the state with the state government;
C. to stimulate the various state agencies and offices to improve their services and functions;
D. to formulate recommendations concerning personnel administration and other programs affecting state personnel.
History:
1953 Comp., § 5-8-2, enacted by Laws 1959, ch. 73, § 2.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 10 - State Government Internship Program › Section 10-10-3 - Director of inter-university training program.

The inter-university training program shall be headed by the personnel director.
History:
1953 Comp., § 5-8-3, enacted by Laws 1959, ch. 73, § 3; 1963, ch. 124, § 1; 1967, ch. 54, § 2; 1975, ch. 85, § 2.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 10 - State Government Internship Program › Section 10-10-4 - Duties of director.

The duties of the personnel director are:
A. with the approval of the personnel board, to establish regulations regarding qualifications, procedures for applying for internships, and related matters;
B. to select and place especially talented university or college students, or graduates, as interns in state government;
C. to provide orientation and training programs for student interns to prepare them for a career in state government;
D. to coordinate the activities of the intern personnel and the various state agencies to obtain the maximum benefits for both the state and the agency personnel; and
E. to submit to the personnel board, the governor and the legislature recommendations concerning the intern program.
History:
1953 Comp., § 5-8-4, enacted by Laws 1959, ch. 73, § 4; 1967, ch. 54, § 3; 1975, ch. 85, § 3.
ANNOTATIONS
Cross references.
— For personnel board,
see
10-9-8 NMSA 1978.
For personnel board of the office of inter-university and college training,
see
10-10-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 10 - State Government Internship Program › Section 10-10-5 - Employment of intern personnel.

A. Every employing office or agency of the state hiring a student or graduate under the inter-university and college program shall be free to employ intern personnel under conditions and salary provisions determined by the employing office or agency. The employing office or agency or the director of inter-university training, with the consent of the employing office or agency, shall have the right to discharge any intern with one week advance notice.
B. The employing office or agency shall cooperate with the personnel director and release intern personnel to participate in orientation or training programs where the employing office or agency head determines that the programs are beneficial and within the functions of the participating state employer. Participation by intern personnel in orientation or training programs in connection with their state employment, when approved by the employing office or agency head, shall be compensated as regular employment.
C. At each college or university in the state which desires to participate in the state government internship program, the president or other chief executive officer shall appoint an intern advisor who will serve as a liaison between the personnel director, the university or college, and the students. The intern advisor shall assist the personnel director in recruiting and selecting students for the program.
History:
1953 Comp., § 5-8-5, enacted by Laws 1959, ch. 73, § 5; 1967, ch. 54, § 4; 1975, ch. 85, § 4.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 11 - Retirement of Public Officers and Employees Generally › Section 10-11-2.1 - Definitions.

As used in Chapter 10, Article 11 NMSA 1978, with reference to the public employees retirement association, "executive secretary" means "executive director".
History:
1978 Comp., § 10-11-2.1, enacted by Laws 1997, ch. 189, § 1.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 11 - Retirement of Public Officers and Employees Generally › Section 10-11-2.2 - Additional definition; state legislator member.

As used in the Public Employees Retirement Act, "state legislator member" means a person who is currently serving or who has served as a state legislator or lieutenant governor and who has elected to participate in a state legislator member retirement plan. A former state legislator or former lieutenant governor may be a state legislator member whether or not currently receiving a pension under a state legislator member coverage plan.
History:
Laws 2004, ch. 68, § 1.
ANNOTATIONS
Emergency clauses.
— Laws 2004, ch. 68, § 6 contained an emergency clause and was approved March 4, 2004.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 11 - Retirement of Public Officers and Employees Generally › Section 10-11-4.1 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1987, ch. 253, § 140, repealed 10-11-4.1 NMSA 1978, as amended by Laws 1977, ch. 247, § 48, relating to authorization to build and rent building, effective July 1, 1987.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 11 - Retirement of Public Officers and Employees Generally › Section 10-11-4.2 - Correction of errors and omissions; estoppel.

A. If an error or omission results in an 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 retirement board plus all costs of collection, including attorney fees if necessary. Recovery of such overpayments shall extend back to the date the first payment was made based on the fraudulent information.
C. Statements of fact or law made by retirement board members or employees of the retirement board or the association shall not estop the retirement board or the association from acting in accordance with the applicable statutes.
History:
Laws 1993, ch. 239, § 1; 1997, ch. 189, § 3.
ANNOTATIONS
The 1997 amendment,
effective June 20, 1997, inserted "retirement" preceding "board" throughout the section; deleted "in an application or its supporting documents" following "omission" in Subsection A; and made a stylistic change in Subsection B.
Constitutionality.
— This section is not unconstitutional; it acts merely to bar the remedy of recovery of overpayments made to retirement pension beneficiaries upon the expiration of one year from the date of each overpayment. This section is not intended to, nor does it have the effect of, releasing obligations or liabilities held or owned by or owing to the state.
State ex rel. Pub. Emps. Ret. Ass'n v. Longacre
, 2002-NMSC-033, 133 N.M. 20, 59 P.3d 500.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 11 - Retirement of Public Officers and Employees Generally › Section 10-11-6.1 - Service credit for certain injured members on approved workers' compensation leave.

A. A member whose affiliated public employer has provided written certification to the association, in the form and manner prescribed by the association, that the employee was injured while performing a work-related function or duty in an inherently dangerous location or under inherently dangerous circumstances and that the member is absent from work and has been placed on approved workers' compensation leave as a result of the injury shall accrue service credit for the period of absence from work while on workers' compensation leave; provided that:
(1) the member is a peace officer covered pursuant to state general member coverage plan 3; a state police member; an adult correctional officer member; a municipal fire member; a municipal police member; or a municipal detention officer member;
(2) the member retains membership in the association during the period of absence from work on approved workers' compensation leave; and
(3) the member's affiliated public employer pays the injured employee's member contributions as well as the employer contributions and remits to the association the total amount of employee and employer contributions that would have been paid if the member had not been absent from work while on approved workers' compensation leave. The contribution amounts shall be calculated based upon a salary equal to the member's salary at the time of the injury.
B. The affiliated public employer shall provide an appeal process for an injured employee on approved workers' compensation leave who is determined by the affiliated public employer not to meet the criteria in Subsection A of this section.
History:
Laws 2016, ch. 39, § 2.
ANNOTATIONS
Effective dates.
— Laws 2016, ch. 39 § 3 made Laws 2016, ch. 39, § 2 effective July 1, 2016.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 11 - Retirement of Public Officers and Employees Generally › Section 10-11-6.2 - Elected official; award of service credit for shortened term of office; Local Election Act.

A member shall be credited an award of service to the member's service credit account:
A. if, but for the shortening under the Local Election Act of a term in elected office served by the member, the member would meet the service requirement for normal retirement; and
B. in the minimum amount of service credit needed for the member to meet the requirement for normal retirement, but no more than three months.
History:
Laws 2019, ch. 212, § 213.
ANNOTATIONS
Emergency clauses.
— Laws 2019, ch. 212, § 286, contained an emergency clause and was approved April 3, 2019.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 11 - Retirement of Public Officers and Employees Generally › Section 10-11-9 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1993, ch. 160, § 9 repealed 10-11-9 NMSA 1978, as enacted by Laws 1987, ch. 253, § 9, concerning vested termination of membership, effective June 18, 1993. For provisions of former section,
see
the 1992 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 11 - Retirement of Public Officers and Employees Generally › Section 10-11-9.2 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1987, ch. 253, § 140, repealed 10-11-9.1 NMSA 1978, as enacted by Laws 1979, ch. 316, § 2, relating to exemption of participants covered under Comprehensive Employment and Training Act, and 10-11-9.2 NMSA 1978, as enacted by Laws 1986, ch. 85, § 1, relating to exemption permitted for undersheriffs, effective July 1, 1987.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 11 - Retirement of Public Officers and Employees Generally › Section 10-11-10 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1993, ch. 160, § 9 repealed 10-11-10 NMSA 1978, as enacted by Laws 1987, ch. 253, § 10, concerning disability retirement, effective June 18, 1993. For provisions of former section,
see
the 1992 NMSA 1978 on
NMOneSource.com.
For present comparable provisions,
see
10-11-10.1 NMSA 1978.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 11 - Retirement of Public Officers and Employees Generally › Section 10-11-11 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1993, ch. 160. § 9 repealed 10-11-11 NMSA 1978, as enacted by Laws 1987, ch. 253, § 11, concerning reevaluation of disability retired members and termination of disability pension, effective June 18, 1993. For provisions of former section,
see
the 1992 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 11 - Retirement of Public Officers and Employees Generally › Section 10-11-12 - Status of disability retired member upon termination of disability retirement.

A. The membership status of a disability retired member following termination of the disability retirement pension shall be governed by the membership provisions of the Public Employees Retirement Act. Upon reacquisition of membership, the credited service of the member at time of disability retirement shall be restored. Credited service shall not be granted for the period of disability retirement unless the retirement board has found the disability to have been the natural and proximate result of causes arising solely and exclusively out of and in the course of the disability retired member's performance of duty with an affiliated public employer. In no case shall credited service be granted for disability retirement time incurred after the date the disability retired member meets an age and service requirement for normal retirement or after the date the disability retired member attains age sixty-five years.
B. A terminated disability retired member who does not reacquire membership shall have actual credited service at time of disability retirement restored and shall become a vested former member. The former disability retired member may retire upon meeting the requirements for normal retirement specified by the applicable coverage plan, except the service requirement for normal retirement at age sixty-five years or older shall be waived.
History:
Laws 1987, ch. 253, § 12.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, Chapter 253 repealed former 10-11-12 NMSA 1978, as enacted by Laws 1973, ch. 328, § 1, relating to purpose, and enacted a new section, effective July 1, 1987.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 11 - Retirement of Public Officers and Employees Generally › Section 10-11-14 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1993, ch. 160, § 9 repealed 10-11-13 and 10-11-14 NMSA 1978, as amended by Laws 1992, ch. 116, §§ 5 and 6, concerning survivor pensions, effective June 18, 1993. For provisions of former sections,
see
the 1992 NMSA 1978 on
NMOneSource.com.
For present comparable provisions,
see
10-11-14.5 NMSA 1978.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 11 - Retirement of Public Officers and Employees Generally › Section 10-11-14.1 to 10-11-14.4 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1987, ch. 253, § 140, repealed 10-11-14.1 to 10-11-14.4 NMSA 1978, as enacted by Laws 1987, ch. 89, §§ 1 to 4, relating to findings and purpose, definitions, purchase of service credit, and limitation of superannuation annuity, effective July 1, 1987.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 11 - Retirement of Public Officers and Employees Generally › Section 10-11-14.6 - Calculation of final average salary.

Under the Public Employees Retirement Act:
A. for a member who was a member on June 30, 2013, the final average salary is one thirty-sixth of the greatest aggregate amount of salary paid a member for thirty-six consecutive, but not necessarily continuous, months of service credit; and
B. for a member who was not a member on June 30, 2013, the final average salary is one-sixtieth of the greatest aggregate amount of salary paid a member for sixty consecutive, but not necessarily continuous, months of service credit.
History:
Laws 2009, ch. 288, § 12; 2013, ch. 225, § 8.
ANNOTATIONS
The 2013 amendment,
effective July 1, 2013, changed the benefits for members initially employed after June 30, 2013 by reducing the multiplier and increasing the numbers of years used to calculate the final average salary; in the introductory sentence, after "Under", deleted "each coverage plan of"; in Subsection A, at the beginning of the sentence, added "for a member who was a member on June 30, 2013"; and added Subsection B.
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.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 11 - Retirement of Public Officers and Employees Generally › Section 10-11-15 - State general member coverage plan 1; applicability.

State general member coverage plan 1 is applicable to state general members who are not specifically covered by another coverage plan.
History:
Laws 1987, ch. 253, § 15.
ANNOTATIONS
Repeals.
— Laws 1981, ch. 135, § 18 repealed former 10-11-15 NMSA 1978, relating to contributing service credit, effective March 21, 1981.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 11 - Retirement of Public Officers and Employees Generally › Section 10-11-16 - State general member coverage plan 1; age and service requirements for normal retirement.

Under state general member coverage plan 1, the age and service requirements for normal retirement are:
A. age sixty-five years or older and five or more years of credited service;
B. age sixty-four years and eight or more years of credited service;
C. age sixty-three years and eleven or more years of credited service;
D. age sixty-two years and fourteen or more years of credited service;
E. age sixty-one years and seventeen or more years of credited service;
F. age sixty years and twenty or more years of credited service; or
G. any age and twenty-five or more years of credited service.
History:
Laws 1987, ch. 253, § 16.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, Chapter 253 repealed former 10-11-16 NMSA 1978, as amended by Laws 1970, ch. 56, § 1, relating to time served as judge or justice, and enacted a new section, effective July 1, 1987.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 11 - Retirement of Public Officers and Employees Generally › Section 10-11-17 - State general member coverage plan 1; amount of normal requirements for normal retirement; form of payment A.

Under state general member coverage plan 1, the amount of a normal retirement pension under form of payment A is equal to two percent of final average salary multiplied by credited service. The amount shall not exceed sixty percent of final average salary.
History:
Laws 1987, ch. 253, § 17.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, Chapter 253 repealed former 10-11-17 NMSA 1978, as amended by Laws 1981, ch. 135, § 5, relating to funds of association, and enacted a new section, effective July 1, 1987.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 11 - Retirement of Public Officers and Employees Generally › Section 10-11-18 - State general member coverage plan 1; final average salary.

Under state general member coverage plan 1, final average salary is one thirty-sixth of the greatest aggregate amount of salary paid a member for thirty-six consecutive months of credited service. Under state general member coverage plan 1, if a member has less than thirty-six months of credited service, final average salary is the aggregate amount of salary paid a member for the member's period of credited service divided by the member's credited service.
History:
Laws 1987, ch. 253, § 18.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, Chapter 253 repealed former 10-11-18 NMSA 1978, as amended by Laws 1986, ch. 84, § 2, relating to employees' savings fund, and enacted a new section, effective July 1, 1987.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 11 - Retirement of Public Officers and Employees Generally › Section 10-11-18.1 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1987, ch. 253, § 140, repealed 10-11-18.1 NMSA 1978, as enacted by Laws 1986, ch. 46, § 1, relating to member contributions and tax treatment, effective July 1, 1987.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 11 - Retirement of Public Officers and Employees Generally › Section 10-11-19 - State general member coverage plan 1; member contribution rate.

A member under state general member coverage plan 1 shall contribute three and eighty-three one-hundredths percent of salary.
History:
Laws 1987, ch. 253, § 19.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, Chapter 253 repealed former 10-11-19 NMSA 1978, as amended by Laws 1986, ch. 84, § 2, relating to employer's accumulation fund, and enacted a new section, effective July 1, 1987.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 11 - Retirement of Public Officers and Employees Generally › Section 10-11-20 - State general member coverage plan 1; state contribution rate.

The state shall contribute eleven and forty-eight one-hundredths percent of the salary of each member under state general member coverage plan 1.
History:
Laws 1987, ch. 253, § 20.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, Chapter 253 repealed former 10-11-20 NMSA 1978, as amended by Laws 1965, ch. 284, § 5, relating to retirement reserve fund, and enacted a new section, effective July 1, 1987.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 11 - Retirement of Public Officers and Employees Generally › Section 10-11-21 - State general member coverage plan 2; applicability.

State general member coverage plan 2 is applicable to state general members after September 30, 1987.
History:
Laws 1987, ch. 253, § 21.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, Chapter 253 repealed former 10-11-21 NMSA 1978, as amended by Laws 1985 (1st S.S.), ch. 10, § 4, relating to income fund, and enacted a new section, effective July 1, 1987.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 11 - Retirement of Public Officers and Employees Generally › Section 10-11-22 - State general member coverage plan 2; age and service requirements for normal retirement.

Under state general member coverage plan 2, the age and service requirements for normal retirement are:
A. age sixty-five years or older and five or more years of credited service;
B. age sixty-four years and eight or more years of credited service;
C. age sixty-three years and eleven or more years of credited service;
D. age sixty-two years and fourteen or more years of credited service;
E. age sixty-one years and seventeen or more years of credited service;
F. age sixty years and twenty or more years of credited service; or
G. any age and twenty-five or more years of credited service.
History:
Laws 1987, ch. 253, § 22.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, Chapter 253 repealed former 10-11-22 NMSA 1978, as amended by Laws 1985 (1st S.S.), ch. 10, § 5, relating to superannuation retirement annuity, and enacted a new section, effective July 1, 1987.
Compiler's notes.
— Laws 1987, ch. 95 purported to amend this section, but was not published because of the repeal and reenactment by Laws 1987, ch. 253.
Continuation of work for affiliated employer.
— A state employee who filed an application for retirement with the public employees retirement association and commenced receiving a monthly annuity from the public employees retirement association but continues to work for an affiliated employer is not entitled to receive that annuity. 1987 Op. Att'y Gen. No. 87-14.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 11 - Retirement of Public Officers and Employees Generally › Section 10-11-23 - State general member coverage plan 2; amount of pension; form of payment A.

Under state general member coverage plan 2, the amount of pension under form of payment A is equal to two and one-half percent of final average salary multiplied by credited service. The amount shall not exceed seventy-five percent of the final average salary.
History:
Laws 1987, ch. 253, § 23.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, Chapter 253 repealed former 10-11-23 NMSA 1978, as amended by Laws 1981, ch. 135, § 10, relating to retirement annuity while employed, and enacted a new section, effective July 1, 1987.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 11 - Retirement of Public Officers and Employees Generally › Section 10-11-24 - State general member coverage plan 2; final average salary.

Under state general member coverage plan 2, the final average salary is one thirty-sixth of the greatest aggregate amount of salary paid a member for thirty-six consecutive months of credited service. Under state general member coverage plan 2, if a member has less than thirty-six months of credited service, the final average salary is the aggregate amount of salary paid a member for the member's period of credited service divided by the member's credited service.
History:
Laws 1987, ch. 253, § 24.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, Chapter 253 repealed former 10-11-24 NMSA 1978, as amended by Laws 1973, ch. 344, § 2, relating to employment without suspension of annuity, and enacted a new section, effective July 1, 1987.
Early retiree purchase of service credits.
— Despite the clarity and precision of its formula for computing the cost of a retiring employee's additional purchased service credit, § 139 of Laws 1987, ch. 253 (uncompiled) was ambiguous; it was ambiguous because of its reference to the seventy-fifth fiscal year (the 12-month period ending June 30, 1987), which had already ended when § 139 became effective on July 1, 1987. The section provided that an employee could purchase up to five years of credited service "during the seventy-fifth or seventy-sixth fiscal year," subject to various conditions. Not only was the statute ambiguous by referring to both the seventy-fifth and seventy-sixth fiscal years at the same time, it was also internally inconsistent; the cost for an additional year of service credit had already been fixed by Section 3 of the 1986 amendment to this article (Chapter 89), and no one argues that § 139 was intended to change that cost, retroactively, to comport with the formula spelled out later in § 139. Thus, the early retirees in the seventy-sixth fiscal year under Laws 1987, ch. 253, § 139 were required to pay an equivalent amount to purchase service credits as paid by early retirees under Laws 1986, ch. 89, § 3.
State ex rel. Helman v. Gallegos
, 1994-NMSC-023, 117 N.M. 346, 871 P.2d 1352.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 11 - Retirement of Public Officers and Employees Generally › Section 10-11-25 - State general member coverage plan 2; member contribution rate.

A member under state general member coverage plan 2 shall contribute six and eighteen one-hundredths percent of salary starting with the first full pay period in the calendar month in which state general member coverage plan 2 becomes applicable to the member.
History:
Laws 1987, ch. 253, § 25.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, Chapter 253 repealed former 10-11-25 NMSA 1978, as amended by Laws 1981, ch. 135, § 11, relating to deferred retirement annuity, and enacted a new section, effective July 1, 1987.
Early retiree purchase of service credits.
— Despite the clarity and precision of its formula for computing the cost of a retiring employee's additional purchased service credit, § 139 of Laws 1987, ch. 253 (uncompiled) was ambiguous; it was ambiguous because of its reference to the seventy-fifth fiscal year (the 12-month period ending June 30, 1987), which had already ended when § 139 became effective on July 1, 1987. The section provided that an employee could purchase up to five years of credited service "during the seventy-fifth or seventy-sixth fiscal year," subject to various conditions. Not only was the statute ambiguous by referring to both the seventy-fifth and seventy-sixth fiscal years at the same time, it was also internally inconsistent; the cost for an additional year of service credit had already been fixed by Section 3 of the 1986 amendment to this article (Chapter 89), and no one argues that § 139 was intended to change that cost, retroactively, to comport with the formula spelled out later in § 139. Thus, the early retirees in the seventy-sixth fiscal year under Laws 1987, ch. 253, § 139 were required to pay an equivalent amount to purchase service credits as paid by early retirees under Laws 1986, ch. 89, § 3.
State ex rel. Helman v. Gallegos
, 1994-NMSC-023, 117 N.M. 346, 871 P.2d 1352.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 11 - Retirement of Public Officers and Employees Generally › Section 10-11-26 - State general member coverage plan 2; state contribution rate.

The state shall contribute thirteen and eighty-three one-hundredths percent of the salary of each member covered by state general member coverage plan 2.
History:
Laws 1987, ch. 253, § 26.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, Chapter 253 repealed former 10-11-26 NMSA 1978, as amended by Laws 1981, ch. 135, § 12, relating to annuity options, and enacted a new section, effective July 1, 1987.
Early retiree purchase of service credits.
— Despite the clarity and precision of its formula for computing the cost of a retiring employee's additional purchased service credit, § 139 of Laws 1987, ch. 253 (uncompiled) was ambiguous; it was ambiguous because of its reference to the seventy-fifth fiscal year (the 12-month period ending June 30, 1987), which had already ended when § 139 became effective on July 1, 1987. The section provided that an employee could purchase up to five years of credited service "during the seventy-fifth or seventy-sixth fiscal year," subject to various conditions. Not only was the statute ambiguous by referring to both the seventy-fifth and seventy-sixth fiscal years at the same time, it was also internally inconsistent; the cost for an additional year of service credit had already been fixed by Section 3 of the 1986 amendment to this article (Chapter 89), and no one argues that § 139 was intended to change that cost, retroactively, to comport with the formula spelled out later in § 139. Thus, the early retirees in the seventy-sixth fiscal year under Laws 1987, ch. 253, § 139 were required to pay an equivalent amount to purchase service credits as paid by early retirees under Laws 1986, ch. 89, § 3.
State ex rel. Helman v. Gallegos
, 1994-NMSC-023, 117 N.M. 346, 871 P.2d 1352.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 11 - Retirement of Public Officers and Employees Generally › Section 10-11-26.1 - State general member coverage plan 3; applicability.

State general member coverage plan 3 is applicable to peace officer members and is applicable to state general members in the first full pay period after July 1, 1995 if the retirement board certifies to the secretary of state that a majority of the members voting of those members to be covered under state general member coverage plan 3 has voted to approve adoption of this plan at an election conducted pursuant to Laws 1994, Chapter 128, Section 17.
History:
Laws 1994, ch. 128, § 2; 2013, ch. 225, § 9.
ANNOTATIONS
The 2013 amendment,
effective July 1, 2013, applied the member coverage of plan 3 to peace officers; and after "plan 3 is applicable to", added "peace officer members and is applicable".
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.