2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 12C - Magistrate Retirement › Section 10-12C-13 - Survivor's pension.

For a member whose initial term in office began prior to July 1, 2014:
A. unless the member has designated a survivor beneficiary in accordance with Subsection B of this section, a survivor pension shall be paid for life to a member's or retired member's surviving spouse;
B. the member may designate, in writing in a form prescribed by the association, a survivor beneficiary to receive the survivor's pension described in this section. If the member is married, a designation of survivor beneficiary other than the member's spouse or a supplemental needs trust to which the spouse is a beneficiary may only be made with the written consent of the member's spouse. Marriage subsequent to a designation of survivor beneficiary shall automatically revoke the designation of survivor beneficiary. A designation of survivor beneficiary made pursuant to a court order issued under Section 10-12C-7 NMSA 1978 shall not require the consent of the member's spouse, if any, and shall not be revoked by the subsequent remarriage of the member. A designation of survivor beneficiary may be revoked by the member at any time prior to the member's retirement. If the member is married, a revocation of designation of survivor beneficiary may only be made with the written consent of the member's spouse;
C. if there is no surviving spouse and no designated survivor beneficiary or if the surviving spouse dies while there are still minor and dependent children of the member, the survivor's pension shall be paid to all minor and dependent children, if any, of the member, in equal shares, so long as each child remains a minor or dependent child. As each child ceases to be a minor or dependent child, the number of shares shall be reduced and the amount payable to each remaining child increased proportionately so that the total survivor's pension remains unchanged as long as there is any such child;
D. the survivor's pension is equal to seventy-five percent of the member's pension;
E. survivor beneficiaries shall be eligible for other benefits provided pursuant to the provisions of the Magistrate Retirement Act, including cost-of-living adjustments and continuation of group insurance benefits; and
F. if a member dies while receiving a disability retirement pension, the survivor beneficiary shall receive the survivor pension provided pursuant to the provisions of the Magistrate Retirement Act.
History:
Laws 1992, ch. 118, § 13; 2014, ch. 39, § 10; 2014, ch. 43, § 10; 2023, ch. 156, § 13.
ANNOTATIONS
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 member's spouse", added "or a supplemental needs trust to which the spouse is a beneficiary".
The 2014 amendment,
effective July 1, 2014, provided for survivor's pension for magistrates; and at the beginning of the subsection, added "For a member whose initial term in office began prior to July 1, 2014".
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.