2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 11 - Retirement of Public Officers and Employees Generally › Section 10-11-1 - Short title.

Chapter 10, Article 11 NMSA 1978 may be cited as the "Public Employees Retirement Act".
History:
Laws 1987, ch. 253, § 1.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, Chapter 253 repealed former 10-11-1 NMSA 1978, as amended by Laws 1985 (1st S.S.), ch. 10, § 1, relating to definitions, and enacted the above section, effective July 1, 1987.
Compiler's notes.
— Laws 1987, ch. 59 purported to amend this section, but was not published because of the repeal and reenactment by Laws 1987, ch. 253.
See
12-1-8 NMSA 1978.
Recovery of worker's compensation benefits and benefits under this article.
— A worker is not precluded from recovering benefits under both the Public Employees' Retirement Act and the Workers' Compensation Act.
Montney v. State ex rel. State Highway Dep't
, 1989-NMCA-002, 108 N.M. 326, 772 P.2d 360.
Legislative retirement provisions unconstitutional.
— The legislative retirement provisions of the Public Employees' Retirement Act, Chapter 10, Article 11 NMSA 1978, are unconstitutional, invalid and unenforceable: Legislators may receive only per diem and mileage under N.M. Const., art. IV, § 10. 1987 Op. Att'y Gen. No. 87-62.
The public employee retirement association possesses the legal authority to deduct union dues, and the administrative costs of such deductions, from pension benefits.
— The Public Employees Retirement Act (act) does not address whether the public employees retirement association (PERA) may deduct union dues for its beneficiaries that are also union members, but it does appear that the policy purpose behind the act is to ensure that members benefit from a state-backed retirement plan that accounts for membership needs, including remittance or withholding of funds on behalf of its members, and therefore, where a subsection of PERA's beneficiaries sought dues deductions from their respective benefit amounts for union membership, PERA had the legal authority to deduct union dues from pension benefits of PERA members who are also members of unions. Furthermore, if this subsection of beneficiaries consent to absorbing the administrative costs that accompany the deductions and subsequent remittances to the unions, the subject beneficiaries are knowingly and willingly accepting those administrative costs, which would also appear to comply with the act.
PERA Deduction of Dues from PERA Retirement Benefits for RPENM and AFSCME Members and Reimbursement of PERA's Administrative Costs for the Dues Deduction
(8/25/21), Att'y Gen. Adv. Ltr. 2021-09.
Law reviews.
— For note and comment: "For This Right There is a Remedy: The New Mexico Supreme Court's Application of Ex Parte Young to Allow Suits Against the State in Gill v. Public Employees Retirement Board", see 35 N.M.L. Rev. 501 (2005).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
60A Am. Jur. 2d Pensions and Retirement Funds §§ 85, 1603 to 1737.
Employer's liability, under state law, for fraud or misrepresentation inducing employee to take early retirement, 14 A.L.R.5th 537.
Construction and application of Employee Retirement Income Security Act of 1974 (29 USCA §§ 1001 et seq.) by United States Supreme Court, 150 A.L.R. Fed. 441.
67 C.J.S. Officers and Public Employees §§ 243 to 249; 70 C.J.S. Pensions and Retirement Plans and Benefits §§ 1 to 6, 19 to 110; 81 A C.J.S. States §§ 112 to 119.