reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 11A - Volunteer Firefighters Retirement › Section 10-11A-3 - Volunteer firefighters retirement fund; creation; transfer of funds from the fire protection fund.

A. There is created the "volunteer firefighters retirement fund" in the state treasury. All annuities and benefits in lieu of annuities shall be paid from the fund as provided in the Volunteer Firefighters Retirement Act.
B. Beginning in fiscal year 1998, the state treasurer shall transfer annually on or before the last day of July seven hundred fifty thousand dollars ($750,000) plus an additional two hundred fifty thousand dollars ($250,000) for fiscal year 1998 plus an additional two hundred fifty thousand dollars ($250,000) for fiscal year 1999 plus an additional five hundred thousand dollars ($500,000) for fiscal year 2000 from the fire protection fund to the credit of the volunteer firefighters retirement fund.
History:
Laws 1983, ch. 263, § 3; 1996, ch. 8, § 1; 1997, ch. 150, § 1.
ANNOTATIONS
The 1997 amendment,
effective June 20, 1997, substituted "1998" for "1997", inserted "plus an additional two hundred fifty thousand dollars ($250,000) for fiscal year 1998 plus an additional two hundred fifty thousand dollars ($250,000) for fiscal year 1999 plus an additional five hundred thousand dollars ($500,000) for fiscal year 2000", and substituted "fire protection" for "general" preceding "fund" in Subsection B.
The 1996 amendment,
effective May 15, 1996, substituted "general" for "fire protection" in the section heading, substituted "Beginning in fiscal year 1997" for "Beginning in the seventy-third fiscal year" at the beginning of Subsection B, and substituted "seven hundred fifty thousand dollars ($750,000) from the general fund" for "five hundred thousand dollars ($500,000) from the fire protection fund" in Subsection B.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 11A - Volunteer Firefighters Retirement › Section 10-11A-4 - Administration of the Volunteer Firefighters Retirement Act, program and funds by the board; annual actuarial evaluation.

A. The provisions of the Volunteer Firefighters Retirement Act and the volunteer firefighters retirement program authorized under that act shall be administered by the board. The provisions of law relating to the administration and investment of retirement funds administered by the board shall apply to all funds transferred and paid into the fund. In its administration of the volunteer firefighters retirement program, the board is authorized to promulgate rules and regulations.
B. The board shall provide for an annual actuarial evaluation of the fund and shall make recommendations to the legislature for any changes necessary to maintain the actuarial soundness of the fund.
C. The association shall remove a member's information file from the association's active database and enter it into an inactive database if qualifying documentation for the member has not been provided to the association for five consecutive years. A member's information file that has been entered into an inactive database shall not be included in the board's annual actuarial evaluation of the fund. The association shall return a member's information file to the association's active database if the association receives new qualifying documentation for the member.
History:
Laws 1983, ch. 263, § 4; 2009, ch. 262, § 2.
ANNOTATIONS
The 2009 amendment,
effective June 19, 2009, in Subsection A, in the second sentence, after "paid into the", deleted "volunteer firefighters retirement"; in Subsection B, after "evaluation of the", deleted "volunteer firefighters retirement"; and added Subsection C.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 11A - Volunteer Firefighters Retirement › Section 10-11A-5 - Retirement benefits; eligibility.

A. Any member who attains the age of fifty-five years and has twenty-five years or more of service credit shall be eligible to receive a retirement annuity of two hundred fifty dollars ($250), payable monthly from the fund during the remainder of the member's life.
B. Any member who attains the age of fifty-five years and has at least ten but less than twenty-five years or more of service credit shall be eligible to receive a retirement annuity of one hundred twenty-five dollars ($125), payable monthly from the fund during the remainder of the member's life.
C. Any member who ceases to be a volunteer nonsalaried firefighter after completing at least ten but less than twenty-five years of service credit is eligible to receive upon attaining the age of fifty-five years a retirement annuity of one hundred twenty-five dollars ($125), payable monthly from the fund during the remainder of the member's life.
D. Any member who ceases to be a volunteer nonsalaried firefighter after completing twenty-five years of service credit is eligible to receive upon attaining the age of fifty-five years a retirement annuity of two hundred fifty dollars ($250), payable monthly from the fund during the remainder of the member's life.
E. Any member who qualifies for and receives a retirement annuity pursuant to this section may continue as an active member on the rolls of a fire department. However, such member shall not accrue additional service credit for the purpose of increasing the amount of the member's retirement annuity.
History:
Laws 1983, ch. 263, § 5; 2009, ch. 262, § 3; 2013, ch. 79, § 1.
ANNOTATIONS
The 2013 amendment,
effective July 1, 2013, increased the retirement benefits of eligible plan retirees; in Subsection A, after "retirement annuity of", deleted "two hundred dollars ($200)" and added "two hundred fifty dollars ($250)"; in Subsection B, after "retirement annuity of", deleted "one hundred dollars ($100)" and added "one hundred twenty five dollars ($125)"; in Subsection C, after "retirement annuity of", deleted "one hundred dollars ($100)" and added "one hundred twenty five dollars ($125)"; and in Subsection D, after "retirement annuity of", deleted "two hundred dollars ($200)" and added "two hundred fifty dollars ($250)".
The 2009 amendment,
effective June 19, 2009, made grammatical changes.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 11A - Volunteer Firefighters Retirement › Section 10-11A-7 - Retirement annuity; surviving beneficiary.

A member may designate a spouse or dependent child as a beneficiary. In the event a retirement annuitant dies, the surviving beneficiary shall receive an annuity equal to two-thirds of the retirement annuity being paid to the retirement annuitant at the time of death; provided that the annuity paid to a beneficiary spouse shall cease upon the surviving spouse's marriage or death and the annuity paid to a beneficiary dependent child shall cease upon the child reaching eighteen years of age or upon the child's death, whichever comes first.
History:
Laws 1983, ch. 263, § 7; 2009, ch. 262, § 5.
ANNOTATIONS
The 2009 amendment,
effective June 19, 2009, added the first sentence; in the second sentence, after the third instance of "annuity", added "paid to a beneficiary spouse" and after "death", added the remainder of the sentence.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 11A - Volunteer Firefighters Retirement › Section 10-11A-8 - Retroactivity; application of 2003 law.

A. The change in law made by Laws 2003, Chapter 370, Section 2 eliminating a maximum age for a volunteer nonsalaried firefighter to establish a first year of service credit under the Volunteer Firefighters Retirement Act shall apply to a volunteer nonsalaried firefighter who was listed as an active member on the rolls of a fire department before the effective date of Laws 2003, Chapter 370, Section 2.
B. A volunteer nonsalaried firefighter who retired before the effective date of Laws 2003, Chapter 370, Section 2 shall be entitled to receive retirement benefits under the Volunteer Firefighters Retirement Act if otherwise qualified under that act.
History:
Laws 2009, ch. 262, § 6.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 262 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 11B - Firefighters' Survivors Supplement Benefits Act › Section 10-11B-1 - Short title.

Sections 1 through 5 of this act may be cited as the "Firefighters' Survivors Supplemental Benefits Act".
History:
Laws 2007, ch. 149, § 1.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 149, contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 11B - Firefighters' Survivors Supplement Benefits Act › Section 10-11B-2 - Findings; purpose.

The legislature finds that firefighters throughout the state risk their lives daily to protect the residents of New Mexico. The legislature further finds that when firefighters are killed in the line of duty, their immediate families can suffer grievously, both emotionally and economically. To recognize the substantial public safety benefits conferred by firefighters, and in consideration of the sacrifices undertaken by these individuals and their families for the residents of New Mexico, it is the purpose of the Firefighters' Survivors Supplemental Benefits Act to ensure that certain supplemental death benefits accrue to the spouses and surviving children, or parents if there are no surviving children or spouse, of firefighters killed in the line of duty.
History:
Laws 2007, ch. 149, § 2.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 149, contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 11B - Firefighters' Survivors Supplement Benefits Act › Section 10-11B-3 - Definitions.

As used in the Firefighters' Survivors Supplemental Benefits Act:
A. "firefighter" means any full- or part-time member or a volunteer member of a fire department that is part of or administered by the state or any political subdivision of the state and any red-carded firefighter trained in wildland firefighting skills and hired by the state of New Mexico; and
B. "fund" means the firefighters' survivors fund.
History:
Laws 2007, ch. 149, § 3.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 149, contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 11B - Firefighters' Survivors Supplement Benefits Act › Section 10-11B-4 - Firefighters' survivors fund created.

The "firefighters' survivors fund" is created in the state treasury and shall be administered by the state fire marshal. The fund shall consist of all gifts, donations and bequests of money to the fund as well as any appropriations and distributions made to the fund. Earnings from investment of the fund shall be credited to the fund. Money in the fund is appropriated to the state fire marshal for the purpose of paying death benefits pursuant to the Firefighters' Survivors Supplemental Benefits Act and shall be paid out only upon warrants issued by the secretary of finance and administration pursuant to vouchers signed by the state fire marshal. Any unexpended or unencumbered balance remaining in the fund at the end of any fiscal year shall not revert.
History:
Laws 2007, ch. 149, § 4.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 149, contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 11B - Firefighters' Survivors Supplement Benefits Act › Section 10-11B-5 - Firefighters' survivors supplemental benefits; review committee; determination; payment.

A. There is created the "firefighters' survivors supplemental death benefits review committee". The committee shall consist of the attorney general or the attorney general's designee and the fire services council.
B. The firefighters' survivors supplemental death benefits review committee shall determine whether a firefighter has been killed in the line of duty and advise the state fire marshal of that determination. In addition to any other death benefits provided by law, the surviving spouse or children shall be paid one million dollars ($1,000,000) as supplemental death benefits whenever a firefighter is killed in the line of duty. The benefits shall be paid from the fund.
C. The benefits shall be paid entirely to the surviving spouse. If there is no surviving spouse, the benefits shall be distributed in pro rata shares to all surviving children. If there are no surviving children or spouse, benefits shall be distributed to the surviving parents of the firefighter.
History:
Laws 2007, ch. 149, § 5; 2014, ch. 17, § 1; 2020, ch. 9, § 27; 2023, ch. 111, § 1.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, increased the amount of death benefits to the surviving spouse or children of a firefighter killed in the line of duty; and in Subsection B, after "shall be paid", deleted "two hundred fifty thousand dollars ($250,000)" and added "one million dollars ($1,000,000).
The 2020 amendment,
effective July 1, 2021, revised the composition of the firefighters' survivors supplemental death benefits review committee; and in Subsection A, after "consist of the attorney general", deleted "the president of the New Mexico fire chiefs association, the state president of the New Mexico professional fire fighters association and the president of the New Mexico state fire fighters' association or their designee" and added "or the attorney general's designee and the fire services council".
The 2014 amendment,
effective July 1, 2014, increased the supplemental benefits for survivors of firefighters; and in Subsection B, in the second sentence, after "shall be paid", deleted "fifty-thousand dollars ($50,000)" and added "two hundred fifty thousand dollars ($250,000)".
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 12 - Judicial Retirement (Repealed.) › Section 10-12-1 to 10-12-13 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1992, ch. 111, § 23 repealed 10-12-1 to 10-12-13 NMSA 1978, relating to judicial retirement, effective July 1, 1992. For provisions of former sections,
see
the 1991 NMSA 1978 on
NMOneSource.com.
For present comparable provisions,
see
10-12B-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 12 - Judicial Retirement (Repealed.) › Section 10-12-14 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1980, ch. 136, § 15, repealed 10-12-14 NMSA 1978, relating to reinstatement of persons under the judicial retirement program under certain conditions, effective July 1, 1980.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 12 - Judicial Retirement (Repealed.) › Section 10-12-15 to 10-12-18 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1992, ch. 111, § 23 repealed 10-12-15 to 10-12-18 NMSA 1978, relating to judicial retirement, effective July 1, 1992. For provisions of former sections,
see
the 1991 NMSA 1978 on
NMOneSource.com.
For present comparable provisions,
see
10-12B-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 12A - Magistrate Retirement (Repealed.) › Section 10-12A-1 to 10-12A-13 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1992, ch. 118, § 20 repealed 10-12A-1 to 10-12A-13 NMSA 1978, as enacted by Laws 1984, ch. 119, §§ 1 to 13, relating to magistrate retirement, effective July 1, 1992. For provisions of former sections,
see
the 1991 NMSA 1978 on
NMOneSource.com.
For present comparable provisions,
see
10-12C-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 12B - Judicial Retirement › Section 10-12B-1 - Short title.

Chapter 10, Article 12B NMSA 1978 may be cited as the "Judicial Retirement Act".
History:
Laws 1992, ch. 111, § 1; 2011, ch. 178, § 7.
ANNOTATIONS
The 2011 amendment,
effective July 1, 2011, changed the statutory reference to the act.
Impairment of contract and repeal of tax exemption.
— Because no private contractual rights were granted by the retirement plan, there was no impairment or breach of contract resulting from the 1990 repeal of the tax exemption provision contained in former Section 10-12-18 NMSA 1978 and, although the plan conferred property rights that vested upon accumulating minimum earned service credits, those rights did not include the right to receive pension benefits exempt from tax.
Pierce v. State
, 1996-NMSC-001, 121 N.M. 212, 910 P.2d 288.
Due process and repeal of tax exemption.
— Because the retirement plan provided no contractual or vested right to receive an irrevocable tax exemption, there was no constitutionally protected private interest in the tax exemption and there was no due process violation when the exemption was repealed.
Pierce v. State
, 1996-NMSC-001, 121 N.M. 212, 910 P.2d 288.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 12B - Judicial Retirement › Section 10-12B-4 - Membership.

Effective July 1, 2014, every judge or justice while in office shall become a member and shall be subject to the provisions of the Judicial Retirement Act; provided, however, that a judge or justice who, prior to July 1, 2014, applied for and received an exemption from membership, shall not become a member until such exemption ends. A judge or justice who is retired under any state system or the educational retirement system shall:
A. pay the applicable member contributions, and the state, through the member's court, shall pay the applicable employer contributions as provided pursuant to the Judicial Retirement Act; and
B. not accrue service credit, and shall not be eligible to purchase service credit nor to retire pursuant to the Judicial Retirement Act.
History:
Laws 1992, ch. 111, § 4; 2014, ch. 35, § 3.
ANNOTATIONS
The 2014 amendment,
effective July 1, 2014, eliminated the optional exemption from membership in the judicial retirement system; required membership; in the first sentence, deleted "Except for any judge or justice who had previously retired pursuant to the provisions of any state system or the educational retirement system" and added "Effective July 1, 2014", after "every judge or justice", added "while in office", after "become a member", deleted "upon appointment or election to that office", after "Judicial 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" and added the remainder of the first sentence; deleted the former second sentence, which provided for revocation of an exemption from membership; added the current second sentence, including Subsections A and B; and deleted the former third sentence, which provided for the resumption of membership upon revocation of an exemption from membership.
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.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
46 Am. Jur. 2d Judges § 59.
48A C.J.S. Judges § 85.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 12B - Judicial Retirement › Section 10-12B-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 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 or a supplemental needs trust to which the spouse is a beneficiary. 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 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 or otherwise terminated. If there is not a living or operating 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. 111, § 6; 1995, ch. 115, § 7; 2023, ch. 156, § 6.
ANNOTATIONS
Cross references.
— For the federal Internal Revenue Code,
see
26 U.S.C. § 1 et seq.
The 2023 amendment,
effective June 16, 2023, allowed a supplemental needs trust to be named as a survivor or refund beneficiary; and in Subsection B, after "other than the spouse", added "or a supplemental needs trust to which the spouse is a beneficiary", after "that beneficiary is deceased", added "or otherwise terminated", and after "not a living", added "or operating".
The 1995 amendment,
effective June 16, 1995, rewrote this section to the extent that a detailed comparison is impracticable.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 12B - Judicial Retirement › Section 10-12B-12 - Early retirement.

A. Any member who initially became a member prior to July 1, 2005 and has not less than eighteen years of service credit may elect to retire at any time between age fifty and age sixty and receive a monthly pension that is one-twelfth of the following formula:
Salary received
during the last
full year in office
prior to retirement
X.7 + (.005 X
Number of years
between age fifty
and the age at
retirement).
B. The provisions of the Public Employees Retirement Reciprocity Act [Chapter 10, Article 13A NMSA 1978] and the provisions of the Judicial Retirement Act regarding cost-of-living adjustments shall apply to the provisions of this section.
History:
Laws 1992, ch. 111, § 12; 2005, ch. 246, § 5.
ANNOTATIONS
The 2005 amendment,
effective June 17, 2005, provided the monthly early retirement pension of a member who initially became a member prior to July 1, 2005 in Subsection A.
2023 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.
ANNOTATIONS
The 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.
2023 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.
ANNOTATIONS
Effective 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.
2023 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.
2023 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.
2023 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.
ANNOTATIONS
The 1997 amendment,
effective June 20, 1997, in Subsection D, deleted "retirement" preceding "board" in two places and substituted "director" for "secretary".
2023 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.
ANNOTATIONS
The 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.
2023 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.
ANNOTATIONS
The 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.
2023 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 or a supplemental needs trust to which the spouse is a beneficiary. 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 or otherwise terminated. If there is not a living or operating 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; 2023, ch. 156, § 12.
ANNOTATIONS
Cross references.
— For the federal Internal Revenue Code,
see
26 U.S.C. § 1 et seq.
The 2023 amendment,
effective June 16, 2023, allowed a supplemental needs trust to be named a refund beneficiary; and after "a person other than the spouse", added "or a supplemental needs trust to which the spouse is a beneficiary", after "that beneficiary is deceased", added "or otherwise terminated", and after "not a living", added "or operating".
The 1995 amendment,
effective June 16, 1995, rewrote this section to the extent that a detailed comparison is impracticable.
2023 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.
ANNOTATIONS
The 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.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 12C - Magistrate Retirement › Section 10-12C-9 - Amount of pension.

A. For a magistrate who was a member on June 30, 2014, the monthly pension is an amount equal to the sum of:
(1) for service credit earned on or before June 30, 2014, the amount is equal to one-twelfth of:
seventy-five percent
of salary recevied
during last year in
office prior to
retirement
X .05 X
(number of years of
service, not exceeding
fifteen years,
plus five years); and
(2) for service credit earned on and after July 1, 2014, an amount equal to one-sixtieth of the greatest aggregate amount of salary received for sixty consecutive, but not necessarily continuous, months in office multiplied by the product of three and one-half percent times the sum of the number of years of service.
B. For a magistrate who initially became a member on or after July 1, 2014, the amount of monthly pension is equal to one-sixtieth of the greatest aggregate amount of salary received for sixty consecutive, but not necessarily continuous, months in office multiplied by the product of three percent times the sum of the number of years of service.
C. The amount of monthly pension under form of payment A for a pension calculated pursuant to Subsection B of this section shall not exceed eighty-five percent of one-sixtieth of the greatest aggregate amount of salary received for sixty consecutive, but not necessarily continuous, months prior to the member leaving office.
D. The amount of monthly pension payable for a pension calculated pursuant to Subsection A of this section shall not exceed eighty-five percent of one-sixtieth of the greatest aggregate amount of salary received for sixty consecutive, but not necessarily continuous, months prior to the member leaving office. A pension benefit determined pursuant to this subsection shall not be less than the benefit earned as of June 30, 2014.
History:
Laws 1992, ch. 118, § 9; 2014, ch. 39, § 6; 2014, ch. 43, § 6.
ANNOTATIONS
The 2014 amendment,
effective July 1, 2014, decreased the pension multiplier for services credit earned after June 30, 2014; increased the maximum pension benefit; in Subsection A, added the introductory sentence; in Subsection A, Paragraph (1), at the beginning of the sentence, added "for service credit earned on or before June 30, 2014", and after "the amount", deleted "of pension"; in Subsection A, added Paragraph (2); and added Subsections B, C and D.
Laws 2014, ch. 39, § 6 and Laws 2014, ch. 43, § 6, both effective July 1, 2014, enacted identical amendments to this section. The section was set out as amended by Laws 2014, ch. 43, § 6.
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.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 12C - Magistrate Retirement › Section 10-12C-12 - Disability retirement pension.

A. A magistrate with the applicable minimum number of years of service credit accrued pursuant to the provisions of the Magistrate 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 10-12C-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 magistrate, and the amount of pension shall be computed as if the member had the applicable minimum number of years of service credit as a magistrate.
History:
Laws 1992, ch. 118, § 12; 2014, ch. 39, § 9; 2014, ch. 43, § 9.
ANNOTATIONS
The 2014 amendment,
effective July 1, 2014, based the disability pension on the applicable minimum number of years of service credit; in Subsection A, after "magistrate 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".
Laws 2014, ch. 39, § 9 and Laws 2014, ch. 43, § 9, both effective July 1, 2014, enacted identical amendments to this section. The section was set out as amended by Laws 2014, ch. 43, § 9.
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.