2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 11 - Retirement of Public Officers and Employees Generally › Section 10-11-27 - State police member, correctional officer member and probation and parole officer member coverage plan 1; applicability; credited service.

A. State police member, correctional officer member and probation and parole officer member coverage plan 1 is applicable to:
(1) state police members who are not specifically covered by another coverage plan;
(2) adult correctional officer members;
(3) juvenile correctional officer members;
(4) adult probation and parole officer members; and
(5) juvenile probation and parole officer members.
B. The credited service of a state police member who was a retired member or a member on or before June 30, 2013 or of an adult correctional officer member shall have actual credited service increased by twenty percent for the purposes of state police member, correctional officer member and probation and parole officer member coverage plan 1.
C. The credited service, accrued after July 1, 2021, of a juvenile correctional officer member, an adult probation and parole officer or a juvenile probation and parole officer shall be increased by twenty percent for the purposes of state police member, correctional officer member and probation and parole officer member coverage plan 1.
D. Except as provided in Subsection B of this section, the credited service of a member covered under state police member, correctional officer member and probation and parole officer member coverage plan 1 shall be credited as provided in Section 10-11-4 NMSA 1978.
E. State police member, correctional officer member and probation and parole officer member coverage plan 1 is applicable to juvenile correctional officer members, adult probation and parole officer members and juvenile probation and parole officer members in the first full pay period after July 1, 2021 if the retirement board certifies to the secretary of state that, of those juvenile correctional officer members, adult probation and parole officer members and juvenile probation and parole officer members to be covered under state police member, correctional officer member and probation and parole officer member coverage plan 1, a majority of the respective members voting have voted to approve adoption of that plan at an election conducted pursuant to Laws 2020, Chapter 11, Sections 63 through 66.
History:
Laws 1987, ch. 253, § 27; 2003, ch. 268, § 9; 2003, ch. 269, § 1; 2013, ch. 225, § 14; 2020, ch. 11, § 7; 2023, ch. 35, § 1.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, Chapter 253 repealed former 10-11-27 NMSA 1978, as enacted by Laws 1965, ch. 263, § 1, relating to elective option coverages, and enacted a new section, effective July 1, 1987.
The 2023 amendment,
effective June 16, 2023, granted additional service credit to state police members who were hired prior to June 30, 2013, removed the requirement that the member hold the permanent rank of patrolman, sergeant, lieutenant or captain and does not hold an exempt rank or who is an aircraft division pilot, and made technical changes; in Subsection B, after "retired member or a member on", added "or before", and after "June 30, 2013", deleted "and who has held the permanent rank of patrolman, sergeant, lieutenant or captain and does not hold an exempt rank or who is assigned to the aircraft division as a pilot"; and in Subsection E, after "pursuant to", added "Laws 2020, Chapter 11", and after "Sections 63 through 66", deleted "of this 2020 act".
Applicability.
— Laws 2023, ch. 35, § 2 provided that the provisions of Laws 2023, ch. 35, § 1 apply to credited service accrued:
A. on and after June 16, 2023; and
B. prior to June 16, 2023; provided that the credited service was accrued by a state police member who is subject to the provisions of Subsection B of 10-11-27 NMSA 1978 and that state police member has not previously retired.
The 2020 amendment,
effective July 1, 2020, revised the name of the coverage plan, included juvenile correctional officer members, adult probation and parole officer members, and juvenile probation and parole officer members in the coverage plan subject to approval by a majority of the respective members voting to approve adoption of that plan, and provided that the credited service accrued after July 1, 2021 of these members be increased by twenty percent; in the section heading, deleted "and adult", and added "and probation and parole officer member"; after "state police member", deleted "and adult", and after "correctional officer member", added "and probation and parole officer member" throughout the section; in Subsection A, added new paragraph designations "(1)" and "(2)" and Paragraphs A(3) through A(5); added a new Subsection C and redesignated the succeeding subsections accordingly; in Subsection E, after "applicable to", deleted "adult" and added "juvenile", after "correctional officer members", added "adult probation and parole officer members and juvenile probation and parole officer members", after "July 1", deleted "2004" and added "2021", after "of those", deleted "adult" and added "juvenile", after "correctional officer members", added "adult probation and parole officer members and juvenile probation and parole officer members", after "state police member", deleted "and adult", and after "correctional officer member", added "and probation and parole officer member", after "majority of the", added "respective", and after "pursuant to", deleted "Laws 2003, Chapter 268, Section 16" and added "Sections 63 through 66 of this 2020 act".
Temporary provisions.
—
Laws 2020, ch. 11, § 63
provided that on or before May 1, 2021, the retirement board shall conduct an election to submit to juvenile correctional officer members currently contributing under juvenile correctional officer member coverage plan 1 the question of adopting state police member, correctional officer member and probation and parole officer member coverage plan 1. The election shall be conducted in accordance with procedures adopted by the retirement board, and the retirement board shall certify the results of the election to the secretary of state on or before July 1, 2021.
Laws 2020, ch. 11, § 64
provided that on or before May 1, 2021, the retirement board shall conduct an election to submit to juvenile correctional officer members currently contributing under juvenile correctional officer member coverage plan 2 the question of adopting state police member, correctional officer member and probation and parole officer member coverage plan 1. The election shall be conducted in accordance with procedures adopted by the retirement board, and the retirement board shall certify the results of the election to the secretary of state on or before July 1, 2021.
Laws 2020, ch. 11, § 65
provided that on or before May 1, 2021, the retirement board shall conduct an election to submit to adult probation and parole officer members currently contributing under state general member coverage plan 3 the question of adopting state police member, correctional officer member and probation and parole officer member coverage plan 1. The election shall be conducted in accordance with procedures adopted by the retirement board, and the retirement board shall certify the results of the election to the secretary of state on or before July 1, 2021.
Laws 2020, ch. 11, § 66
provided that on or before May 1, 2021, the retirement board shall conduct an election to submit to juvenile probation and parole officer members currently contributing under state general member coverage plan 3 the question of adopting state police member, correctional officer member and probation and parole officer member coverage plan 1. The election shall be conducted in accordance with procedures adopted by the retirement board, and the retirement board shall certify the results of the election to the secretary of state on or before July 1, 2021.
The 2013 amendment,
effective July 1, 2013, clarified how service credit under plan 1 will be calculated; in the title, added "credited service"; in Paragraph B, after "state police member", added "who was a retired member or a member on June 30, 2013 and"; and added Subsection C.
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.
The 2003 amendment,
— effective July 1, 2003, inserted "lieutenant or captain" following "rank of patrolman, sergeant," near the middle.