reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 11 - Retirement of Public Officers and Employees Generally › Section 10-11-26.3 - State general member coverage plan 3; amount of pension; form of payment A.

Under state general member coverage plan 3:
A. for a member with age and service requirements provided under Paragraph (1) or (3) of Subsection A of Section 10-11-26.2 NMSA 1978, the amount of pension under form of payment A is equal to three percent of final average salary multiplied by service credit. The amount shall not exceed one hundred percent of the final average salary; and
B. for a member with age and service requirements provided under Paragraph (2) of Subsection A of Section 10-11-26.2 NMSA 1978, the amount of pension under form of payment A is equal to two and one-half percent of the final average salary multiplied by service credit. The amount shall not exceed one hundred percent of the final average salary.
History:
Laws 1994, ch. 128, § 4; 2013, ch. 225, § 11; 2023, ch. 53, § 1.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, increased the maximum amount of pension that a state general member is permitted to earn; and in Subsections A and B, after "shall not exceed", deleted "ninety" and added "one hundred".
Applicability.
— The provisions of Laws 2023, ch. 53, § 19 apply to credited service performed after June 16, 2023. Any credited service performed or amount of pension earned prior to June 16, 2023 shall not be calculated or adjusted to conform to the provisions of Laws 2023, ch. 53.
The 2013 amendment,
effective July 1, 2013, increased the maximum pension benefit; decreased the pension benefit for employees who become members after June 30, 2013; in Subsection A, in the first sentence, added "for a member with age and service requirements provided under Paragraph (1) or (3) of Subsection A of Section 10-11-26.2 NMSA 1978" and in the second sentence, after "shall not exceed", deleted "eighty" and added "ninety"; 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Officers and Employees › Article 11 - Retirement of Public Officers and Employees Generally › Section 10-11-26.4 - Repealed.

History:
Laws 1994, ch. 128, § 5; repealed by Laws 2009, ch. 288, § 20.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 288, § 20 repealed 10-11-26.4 NMSA 1978, as enacted by Laws 1994, ch. 128, § 5, relating to state general member coverage plan 3, final average salary, effective July 1, 2011. For provisions of former section,
see
the 2010 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 10-11-26.7 - Service credit under this plan required.

Notwithstanding the provisions of Section 3 [10-11-26.2 NMSA 1978] of this act, to qualify for payment under state general member coverage plan 3, a member shall have one and one-half years of service credit earned under the general member coverage plan 3 subsequent to July 1, 1995.
History:
Laws 1994, ch. 128, § 8.
ANNOTATIONS
Retirement due to disability.
— The requirement that an employee have one and one-half years earned service credit to qualify for payment under coverage plan 3 supplements the service credit requirements for normal requirement and does not apply to employees who apply for early retirement due to a disability.
Garcia-Montoya v. Pub. Emps. Ret. Bd
., 2006-NMCA-094, 140 N.M. 175, 140 P.3d 1124.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 11 - Retirement of Public Officers and Employees Generally › Section 10-11-27.1 - State police member, correctional officer member and probation and parole officer member coverage plan 1; service credit required.

Notwithstanding the provisions of Section 10-11-27 NMSA 1978, to qualify for payment under state police member, correctional officer member and probation and parole officer member coverage plan 1, an adult correctional officer member shall have eighteen months of service credit earned under state police member, correctional officer member and probation and parole officer member coverage plan 1 subsequent to July 1, 2004.
History:
1978 Comp., § 10-11-27.1, enacted by Laws 2003, ch. 268, § 10; 2020, ch. 11, § 8.
ANNOTATIONS
The 2020 amendment,
effective July 1, 2020, revised the name of the coverage plan; in the section heading, deleted "and adult", and added "and probation and parole officer member"; and after each occurrence of "state police member", deleted "and adult", and after each occurrence of "correctional officer member", added "and probation and parole officer member".
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 11 - Retirement of Public Officers and Employees Generally › Section 10-11-27.2 - Legislative findings.

The legislature finds that:
A. it is appropriate to recognize the professionalism and dedication of state police officers, who provide an essential service to the citizens of New Mexico;
B. it is appropriate to recognize the hazardous nature of the work performed by state police officers;
C. the spirit of what it takes to be a state police officer is personified by Sergeant Brent H. Bateman, who served with honor as a state police officer for twenty-two years. Sergeant Bateman became ill days after his retirement and passed away a short six months following retirement; and
D. the twenty percent credit toward actual service, as provided in Subsection B of Section 10-11-27 NMSA 1978 under state police member coverage plan 1, is dedicated to Sergeant Brent H. Bateman and all other officers who have served, and who do serve, as New Mexico state police officers.
History:
1978 Comp., § 10-11-27.2, enacted by Laws 2003, ch. 269, § 2; 2013, ch. 225, § 15.
ANNOTATIONS
The 2013 amendment,
effective July 1, 2013, added a reference to the clarified method for calculating service credit under plan 1; and in Subsection D, after "as provided in", added "Subsection B of Section 10-11-27 NMSA 1978 under".
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 10-11-28 - State police member, correctional officer member and probation and parole officer member coverage plan 1; age and service requirements for normal retirement.

Under state police member, correctional officer member and probation and parole officer member coverage plan 1:
A. for a member who was a retired member or a member on June 30, 2013, the age and service requirements for normal retirement are:
(1) age sixty-five years or older and five or more years of credited service;
(2) age sixty-four years and eight or more years of credited service;
(3) age sixty-three years and eleven or more years of credited service;
(4) age sixty-two years and fourteen or more years of credited service;
(5) age sixty-one years and seventeen or more years of credited service;
(6) age sixty years and twenty or more years of credited service; or
(7) any age and twenty-five or more years of credited service; and
B. for a member who was not a retired member or a member on June 30, 2013, the age and service requirements for normal retirement are:
(1) age sixty years or older and five or more years of service credit; or
(2) any age and twenty-five or more years of service credit.
History:
Laws 1987, ch. 253, § 28; 2003, ch. 268, § 11; 2013, ch. 225, § 16; 2020, ch. 11, § 9.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, Chapter 253 repealed former 10-11-28 NMSA 1978, as enacted by Laws 1981, ch. 135, § 13, relating to survivor annuities, and enacted a new section, effective July 1, 1987.
The 2020 amendment,
effective July 1, 2020, revised the name of the coverage plan; in the section heading, deleted "and adult", and added "and probation and parole officer member"; and after each occurrence of "state police member", deleted "and adult", and after each occurrence of "correctional officer member", added "and probation and parole officer member".
The 2013 amendment,
effective July 1, 2013, increased the age and service requirements for normal retirement of members who retire after June 30, 2013; in Subsection A, in the introductory sentence, at the beginning of the sentence, added "for a member who was a retired member or 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.
The 2003 amendment,
effective July 1, 2003, inserted "and adult correctional officer member" following "State police member" near the beginning of the section heading; and inserted "and adult correctional officer member" following "under state police member" near the middle of the first sentence.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 11 - Retirement of Public Officers and Employees Generally › Section 10-11-29 - State police member, correctional officer member and probation and parole officer member coverage plan 1; amount of pension; form of payment A.

Under state police member, correctional officer member and probation and parole officer member coverage plan 1, the amount of pension under form of payment A is equal to three percent of final average salary multiplied by credited service. The amount shall not exceed one hundred percent of the final average salary.
History:
Laws 1987, ch. 253, § 29; 2003, ch. 268, § 12; 2013, ch. 225, § 17; 2020, ch. 11, § 10; 2023, ch. 53, § 2.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, Chapter 253 repealed former 10-11-29 NMSA 1978, as amended by Laws 1985, ch. 162, § 1, relating to cost-of-living adjustment, and enacted a new section, effective July 1, 1987.
The 2023 amendment,
effective June 16, 2023, increased the maximum amount of pension that a state police member is permitted to earn; and after "shall not exceed", deleted "ninety" and added "one hundred".
Applicability.
— The provisions of Laws 2023, ch. 53, § 19 apply to credited service performed after June 16, 2023. Any credited service performed or amount of pension earned prior to June 16, 2023 shall not be calculated or adjusted to conform to the provisions of Laws 2023, ch. 53.
The 2020 amendment,
effective July 1, 2020, revised the name of the coverage plan; in the section heading, deleted "and adult", and added "and probation and parole officer member"; and after "state police member", deleted "and adult", and after "correctional officer member", added "and probation and parole officer member".
The 2013 amendment,
effective July 1, 2013, increased the maximum pension benefit; and in the second sentence, after "shall not exceed", deleted "eighty" and added "ninety".
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 "and adult correctional officer member" following "state police member" in the section heading and following "member" in the text.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 11 - Retirement of Public Officers and Employees Generally › Section 10-11-29.1 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1987, ch. 253, § 140, repealed 10-11-29.1 NMSA 1978, as enacted by 1981, ch. 139, § 1, relating to cost of living increase authorization and procedure for adjustment, effective July 1, 1987.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 11 - Retirement of Public Officers and Employees Generally › Section 10-11-30 - Repealed.

History:
Laws 1987, ch. 253, § 30; 2003, ch. 268, § 13; repealed by Laws 2009, ch. 288, § 20.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 288, § 20 repealed 10-11-30 NMSA 1978, as enacted by Laws 1987, ch. 253, § 30, relating to state police member and adult correctional officer member coverage plan 1, final average salary, effective July 1, 2011. For provisions of former section,
see
the 2010 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 10-11-31 - State police member, correctional officer member and probation and parole officer member coverage plan 1; member contribution rate.

A member under state police member, correctional officer member and probation and parole officer member coverage plan 1 shall contribute seven and six-tenths percent of salary, except that a member whose annual salary is greater than twenty-five thousand dollars ($25,000) shall contribute nine and one-tenth percent of salary.
History:
Laws 1987, ch. 253, § 31; 2003, ch. 268, § 14; 2009, ch. 127, § 3; 2011, ch. 178, § 3; 2013, ch. 225, § 18; 2020, ch. 11, § 11.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, Chapter 253 repealed former 10-11-31 NMSA 1978, as amended by Laws 1981, ch. 135, § 14, relating to duty disability, and enacted a new section, effective July 1, 1987.
The 2020 amendment,
effective July 1, 2020, revised the name of the coverage plan, and increased the salary amount applicable to the increased member contribution rate; in the section heading and section, deleted "and adult", and added "and probation and parole officer member"; and after "annual salary is greater than", deleted "twenty thousand dollars ($20,000)" and added "twenty-five thousand dollars ($25,000)".
The 2013 amendment,
effective July 1, 2013, increased the employee contribution rate for employees earning more than twenty thousand dollars in salary annually; deleted the entire section, which provided for employee contributions at a rate of seven and six-tenths hundredths percent of salary, except for employees whose salary was greater than twenty thousand dollars who were required to pay a rate which ranged from nine and one-tenth percent beginning July 1, 2009, ten and eighty-five hundredths percent beginning July 1, 2011, and nine and one-tenth percent beginning July 1, 2012; and added the current language.
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 2011 amendment,
effective July 1, 2011, for the period from July 1, 2011 through June 30, 2012, increased the member contribution rate for members whose annual salary is more than twenty thousand dollars.
The 2009 amendment,
effective July 1, 2009, added the exception at the end of the sentence.
The 2003 amendment,
effective July 1, 2003 inserted "and adult correctional officer member" in the section heading; and inserted "and adult correctional officer member" in the text.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 11 - Retirement of Public Officers and Employees Generally › Section 10-11-32 - State police member, correctional officer member and probation and parole officer member coverage plan 1; state contribution rate.

The state shall contribute twenty-five and one-half percent of the salary of each member under state police member, correctional officer member and probation and parole officer member coverage plan 1.
History:
Laws 1987, ch. 253, § 32; 2003, ch. 268, § 15; 2009, ch. 127, § 4; 2011, ch. 178, § 4; 2013, ch. 225, § 19; 2020, ch. 11, § 12.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, Chapter 253 repealed former 10-11-32 NMSA 1978, as amended by Laws 1981, ch. 135, § 15, relating to nonduty disability, and enacted a new section, effective July 1, 1987.
The 2020 amendment,
effective July 1, 2020, revised the name of the coverage plan, and removed certain outdated language; in the section heading and section, deleted "and adult", and added "and probation and parole officer member"; and after "coverage plan 1", deleted "except that, from July 1, 2013 through June 30, 2014, the state contribution rate shall be twenty-five and one-tenth percent of the salary of each member".
The 2013 amendment,
effective July 1, 2013, increased the employer contribution rate; after "contribute twenty-five and", deleted "one-tenth" and added "one-half"; after "except that", deleted "for members whose annual salary is greater than twenty thousand dollars ($20,000)" and added the remainder of the sentence; and deleted former Subsections A, B and C, which provided for an employer contribution rate for employees whose annual salary was greater than twenty thousand dollars that ranged from twenty-three and six-tenths percent beginning July 1, 2009, twenty-one and eighty-five hundredths percent beginning July 1, 2011, and twenty-three and six-tenths percent beginning July 1, 2012; and added the current language.
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 2011 amendment,
effective July 1, 2011, decreased the state contribution rate for the period from July 1, 2011 through June 30, 2012.
The 2009 amendment,
effective July 1, 2009, added the exception at the end of the sentence.
The 2003 amendment,
effective July 1, 2003 inserted "and adult correctional officer member" in the section heading; and inserted "and adult correctional officer member" following "under state police member" near the end of the section.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 11 - Retirement of Public Officers and Employees Generally › Section 10-11-33 - Juvenile correctional officer member coverage plan 1; applicability.

Juvenile correctional officer member coverage plan 1 is applicable to juvenile correctional officer members who are not specifically covered by another coverage plan.
History:
Laws 1987, ch. 253, § 33; 2013, ch. 225, § 20.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, Chapter 253 repealed former 10-11-33 NMSA 1978, as amended by Laws 1981, ch. 135, § 16, relating to reexamination of disability annuitants, and enacted a new section, effective July 1, 1987.
The 2013 amendment,
effective July 1, 2013, applied the member coverage of plan 1 to juvenile correctional officers; in the title, deleted "State hazardous duty" and added "Juvenile correctional officer"; at the beginning of the sentence, deleted "State hazardous duty" and added "Juvenile correctional officer", and after "applicable to", deleted "state hazardous duty" and added "juvenile correctional officer".
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 10-11-34 - Juvenile correctional officer member coverage plan 1; age and service requirements for normal retirement.

Under juvenile correctional officer 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, § 34; 2013, ch. 225, § 21.
ANNOTATIONS
Repeals.
— Laws 1981, ch. 135, § 18 repealed 10-11-34 NMSA 1978, relating to annuities for death in the line of duty, effective March 21, 1981.
The 2013 amendment,
effective July 1, 2013, applied the age and service requirements for normal retirement under member coverage plan 1 to juvenile correctional officers; in the title, deleted "State hazardous duty" and added "Juvenile correctional officer"; and at the beginning of the introductory sentence, after "Under", deleted "state hazardous duty" and added "juvenile correctional officer".
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 10-11-35 - Juvenile correctional officer member coverage plan 1; amount of pension; form of payment A.

Under juvenile correctional officer member coverage plan 1, 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 one hundred percent of the final average salary.
History:
Laws 1987, ch. 253, § 35; 2013, ch. 225, § 22.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, Chapter 253 repealed former 10-11-35 NMSA 1978, as amended by Laws 1985 (1st S.S.), ch. 10, § 6, relating to survivors' benefit fund, and enacted a new section, effective July 1, 1987.
The 2013 amendment,
effective July 1, 2013, applied the amount of the pension under the member coverage plan 1 to juvenile correctional officers; in the title, deleted "State hazardous duty" and added "Juvenile correctional officer"; and at the beginning of the first sentence, after "Under", deleted "state hazardous duty" and added "juvenile correctional officer".
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 10-11-36 - Repealed.

History:
Laws 1987, ch. 253, § 36; repealed by Laws 2013, ch. 225, § 91.
ANNOTATIONS
Repeals.
— Laws 2013, ch. 225, § 92 repealed 10-11-36 NMSA 1978, as enacted by Laws 1987, ch. 253, § 36, relating to state hazardous duty member coverage plan 1, final average salary, effective July 1, 2013. For provisions of former section,
see
the 2012 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 10-11-37 - Juvenile correctional officer member coverage plan 1; member contribution rate.

A member under juvenile correctional officer member coverage plan 1 shall contribute four percent of salary.
History:
Laws 1987, ch. 253, § 37; 2013, ch. 225, § 23.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, Chapter 253 repealed former 10-11-37 NMSA 1978, as enacted by Laws 1953, ch. 162, § 22, relating to inapplicability of insurance and banking laws, and enacted a new section, effective July 1, 1987.
The 2013 amendment,
effective July 1, 2013, applied the member contribution rate under member coverage plan 1 to juvenile correctional officers; in the title, deleted "State hazardous duty" and added "Juvenile correctional officer"; and after "under", deleted "state hazardous duty" and added "juvenile correctional officer".
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 10-11-38 - Juvenile correctional officer member coverage plan 1; state contribution rate.

The state shall contribute twenty-one and five-tenths percent of the salary of each member under juvenile correctional officer member coverage plan 1.
History:
Laws 1987, ch. 253, § 38; 2013, ch. 225, § 24.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, Chapter 253 repealed former 10-11-38 NMSA 1978, as enacted by Laws 1953, ch. 162, § 23, relating to gifts and bequests, and enacted a new section, effective July 1, 1987.
The 2013 amendment,
effective July 1, 2013, applied the employer contribution rate under member coverage plan 1 to juvenile correctional officers; in the title, deleted "State hazardous duty" and added "Juvenile correctional officer"; and after "under", deleted "state hazardous duty" and added "juvenile correctional officer".
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 10-11-38.1 - Juvenile correctional officer member coverage plan 2; applicability.

Juvenile correctional officer member coverage plan 2 is applicable to juvenile correctional officer 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 juvenile correctional officer member coverage plan 2 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, § 9; 2013, ch. 225, § 25.
ANNOTATIONS
The 2013 amendment,
effective July 1, 2013, applied the member coverage of plan 2 to juvenile correctional officers; in the title, deleted "State hazardous duty" and added "Juvenile correctional officer"; at the beginning of the sentence, deleted "State hazardous duty" and added "Juvenile correctional officer", after "applicable to", deleted "state hazardous duty" and added "juvenile correctional officer"; and after "covered under", deleted "state hazardous duty" and added "juvenile correctional officer".
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 10-11-38.2 - Juvenile correctional officer member coverage plan 2; age and service credit requirements for normal retirement.

Under juvenile correctional officer member coverage plan 2:
A. for a member who was a retired member or a member on June 30, 2013, the age and service credit requirements for normal retirement are:
(1) age sixty-five years or older and five or more years of service credit;
(2) age sixty-four years and eight or more years of service credit;
(3) age sixty-three years and eleven or more years of service credit;
(4) age sixty-two years and fourteen or more years of service credit;
(5) age sixty-one years and seventeen or more years of service credit;
(6) age sixty years and twenty or more years of service credit; and
(7) any age and twenty-five or more years of service credit; and
B. for a member who was not a retired member or a member on June 30, 2013, the age and service requirements for normal retirement are:
(1) age sixty years or older and five or more years of service credit; or
(2) any age and twenty-five or more years of service credit.
History:
Laws 1994, ch. 128, § 10; 2013, ch. 225, § 26; 2020, ch. 11, § 13.
ANNOTATIONS
The 2020 amendment,
effective July 1, 2020, changed the service credit requirement for certain retirees; and in Subsection B, Paragraph B(1), after "older and", deleted "six" and added "five".
Temporary provisions.
— 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.
The 2013 amendment,
effective July 1, 2013, increased the age and service requirements for normal retirement under member coverage plan 2 for juvenile correctional officers who were not retired or were members on June 30, 2013; at the beginning of the title, deleted "State hazardous duty" and added "Juvenile correctional officer"; at the beginning of the introductory sentence, after "Under", deleted "state hazardous duty" and added "juvenile correctional officer"; in Subsection A, in the introductory sentence, at the beginning of the sentence, added "for a member who was retired or 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 10-11-38.3 - Juvenile correctional officer member coverage plan 2; amount of pension; form of payment A.

Under juvenile correctional officer member coverage plan 2, the amount of pension under form of payment A is equal to three percent of final average salary multiplied by service credit. The amount shall not exceed one hundred percent of the final average salary.
History:
Laws 1994, ch. 128, § 11; 2013, ch. 225, § 27; 2023, ch. 53, § 3.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, increased the maximum amount of pension that a juvenile correctional officer member is permitted to earn; and after "shall not exceed", deleted "ninety" and added "one hundred".
Applicability.
— The provisions of Laws 2023, ch. 53, § 19 apply to credited service performed after June 16, 2023. Any credited service performed or amount of pension earned prior to June 16, 2023 shall not be calculated or adjusted to conform to the provisions of Laws 2023, ch. 53.
The 2013 amendment,
effective July 1, 2013, decreased the maximum pension benefit under the member coverage plan 2 for juvenile correctional officers; in the title, deleted "State hazardous duty" and added "Juvenile correctional officer"; in the first sentence, after "Under", deleted "state hazardous duty" and added "juvenile correctional officer"; and in the second sentence, after "shall not exceed", deleted "one hundred" and added the word "ninety".
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 10-11-38.4 - Repealed.

History:
Laws 1994, ch. 128, § 12; repealed by Laws 2009, ch. 288, § 20.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 288, § 20 repealed 10-11-38.4 NMSA 1978, as enacted by Laws 1994, ch. 128, § 12, relating to state hazardous duty member coverage plan 2, final average salary, effective July 1, 2011. For provisions of former section,
see
the 2010 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 10-11-38.7 - Service credit under this plan required.

Notwithstanding the provisions of Section 10-11-38.2 NMSA 1978, to qualify for payment under juvenile correctional officer member coverage plan 2, a member shall have one and one-half years of service credit earned under the juvenile correctional officer member coverage plan 2 subsequent to July 1, 1995.
History:
Laws 1994, ch. 128, § 15; 2013, ch. 225, § 30.
ANNOTATIONS
The 2013 amendment,
effective July 1, 2013, applied the service credit requirements under member coverage plan 2 to juvenile correctional officers; after "payment under", deleted "state hazardous duty" and added "juvenile correctional officer"; and after "earned under the", deleted "state hazardous duty" and added "juvenile correctional officer".
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 10-11-39 - State legislator member coverage plan 1; applicability.

State legislator member coverage plan 1 is applicable to state legislators and lieutenant governors who served terms of office that ended on or before December 31, 2002.
History:
Laws 1987, ch. 253, § 39; 2003, ch. 85, § 4.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, Chapter 253 repealed former 10-11-39 NMSA 1978, as enacted by Laws 1963, ch. 102, § 1, relating to assumption of retirement plans created pursuant to 1947 law, and enacted a new section, effective July 1, 1987.
The 2003 amendment,
effective July 1, 2003 inserted "who served terms of office that ended on or before December 31, 2002" at the end of the section.
Legislative retirement plan does not violate constitution.
— The retirement benefits for which legislators may be eligible under the legislative retirement plan do not constitute legislative compensation; accordingly, the plan does not violate N.M. Const. art IV, § 10.
State ex rel. Udall v. Public Emps. Ret. Bd
., 1995-NMSC-078, 120 N.M. 786, 907 P.2d 190,
rev'g
1994-NMCA-094, 118 N.M. 507, 882 P.2d 548.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 11 - Retirement of Public Officers and Employees Generally › Section 10-11-40 - State legislator member coverage plan 1; age and service requirements for normal retirement.

Under state legislator 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 or older and eight or more years of credited service;
C. age sixty-three years or older and eleven or more years of credited service;
D. age sixty years or older and twelve or more years of credited service; or
E. any age and fourteen or more years of credited service.
History:
Laws 1987, ch. 253, § 40.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, Chapter 253 repealed former 10-11-40 NMSA 1978, as enacted by Laws 1963, ch. 102, § 2, relating to transfer of funds and obligations created pursuant to 1947 law, and enacted a new section, effective July 1, 1987.
Legislative retirement plan does not violate constitution.
— The retirement benefits for which legislators may be eligible under the legislative retirement plan do not constitute legislative compensation; accordingly, the plan does not violate N.M. Const. art IV, § 10.
State ex rel. Udall v. Public Emps. Ret. Bd
., 1995-NMSC-078, 120 N.M. 786, 907 P.2d 190,
rev'g
1994-NMCA-094, 118 N.M. 507, 882 P.2d 548.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 11 - Retirement of Public Officers and Employees Generally › Section 10-11-41 - State legislator member coverage plan 1; amount of pension; form of payment A.

A. Prior to January 1, 2004, under state legislator member coverage plan 1, the annual amount of pension under form of payment A is equal to two hundred fifty dollars ($250) multiplied by credited service as a legislator or lieutenant governor, if the member served as legislator or lieutenant governor after December 31, 1959 and his service ended on or before December 31, 2002.
B. Under state legislator member coverage plan 1, the annual amount of pension under form of payment A is equal to forty dollars ($40.00) multiplied by credited service as a legislator or lieutenant governor, if all service as a legislator or lieutenant governor is prior to January 1, 1960.
C. After December 31, 2003, under state legislator member coverage plan 1, the annual amount of pension under form of payment A is equal to:
(1) the amount in Subsection A of this section if the member makes no additional contributions pursuant to Subsection B of Section 10-11-42 NMSA 1978; or
(2) five hundred dollars ($500) multiplied by the years of credited service as a legislator or lieutenant governor, if the state legislator member makes additional contributions by December 31, 2003 pursuant to Subsection B of Section 10-11-42 NMSA 1978.
History:
Laws 1987, ch. 253, § 41; 2003, ch. 85, § 5.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, Chapter 253 repealed former 10-11-41 NMSA 1978, as enacted by Laws 1963, ch. 102, § 3, relating to disbursement by municipalities upon assumption of plans created pursuant to 1947 law, and enacted a new section, effective July 1, 1987.
Temporary provisions.
— Laws 2019, ch. 251, § 3, effective July 1, 2019, provided that a state legislator member who is otherwise ineligible for the pension amount in Paragraph (2) of Subsection C of Section 10-11-41 NMSA 1978 solely because of the failure to make a timely contribution pursuant to Section 10-11-42 NMSA 1978 shall be eligible for that pension amount if, before January 1, 2020, the member makes a contribution of:
A. two hundred dollars ($200) for each year of credited service; and
B. interest on the amount paid pursuant to Subsection A of this section from December 31, 2003 to the date of payment at a rate to be determined by the retirement board created pursuant to the Public Employees Retirement Act.
The 2003 amendment,
effective July 1, 2003 in Subsection A added "Prior to January 1, 2004," at the beginning and added "and his service ended on or before December 31, 2002" at the end; and inserted present Subsection C.
Legislative retirement plan does not violate constitution.
— The retirement benefits for which legislators may be eligible under the legislative retirement plan do not constitute legislative compensation; accordingly, the plan does not violate N.M. Const. art IV, § 10.
State ex rel. Udall v. Public Emps. Ret. Bd
., 1995-NMSC-078, 120 N.M. 786, 907 P.2d 190,
rev'g
1994-NMCA-094, 118 N.M. 507, 882 P.2d 548.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 11 - Retirement of Public Officers and Employees Generally › Section 10-11-42 - State legislator member coverage plan 1; member contribution rate.

A. Prior to January 1, 2004, a member under state legislator member coverage plan 1 shall contribute one hundred dollars ($100) for each year of credited service earned after December 31, 1959.
B. To be eligible for the pension amount in Paragraph (2) of Subsection C of Section 10-11-41 NMSA 1978, a member under state legislator member coverage plan 1 must contribute one hundred dollars ($100) for each year of credited service earned after December 31, 1959 and must make that required contribution no later than December 31, 2003.
History:
Laws 1987, ch. 253, § 42; 2003, ch. 85, § 6.
ANNOTATIONS
Temporary provisions.
— Laws 2019, ch. 251, § 3, effective July 1, 2019, provided that a state legislator member who is otherwise ineligible for the pension amount in Paragraph (2) of Subsection C of Section 10-11-41 NMSA 1978 solely because of the failure to make a timely contribution pursuant to Section 10-11-42 NMSA 1978 shall be eligible for that pension amount if, before January 1, 2020, the member makes a contribution of:
A. two hundred dollars ($200) for each year of credited service; and
B. interest on the amount paid pursuant to Subsection A of this section from December 31, 2003 to the date of payment at a rate to be determined by the retirement board created pursuant to the Public Employees Retirement Act.
The 2003 amendment,
effective July 1, 2003 designated the former first paragraph as present Subsection A; added "Prior to January 1, 2004," at the beginning of present Subsection A; and added present Subsection B.
Legislative retirement plan does not violate constitution.
— The retirement benefits for which legislators may be eligible under the legislative retirement plan do not constitute legislative compensation; accordingly, the plan does not violate N.M. Const. art IV, § 10.
State ex rel. Udall v. Public Emps. Ret. Bd
., 1995-NMSC-078, 120 N.M. 786, 907 P.2d 190,
rev'g
1994-NMCA-094, 118 N.M. 507, 882 P.2d 548.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 11 - Retirement of Public Officers and Employees Generally › Section 10-11-43 - State legislator member coverage plan 1; state contribution rate.

The state shall contribute amounts sufficient to finance the membership of members under state legislator member coverage plan 1 on an actuarial reserve basis.
History:
Laws 1987, ch. 253, § 43.
ANNOTATIONS
Legislative retirement plan does not violate constitution.
— The retirement benefits for which legislators may be eligible under the legislative retirement plan do not constitute legislative compensation; accordingly, the plan does not violate N.M. Const. art IV, § 10.
State ex rel. Udall v. Public Emps. Ret. Bd
., 1995-NMSC-078, 120 N.M. 786, 907 P.2d 190,
rev'g
1994-NMCA-094, 118 N.M. 507, 882 P.2d 548.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 11 - Retirement of Public Officers and Employees Generally › Section 10-11-43.1 - State legislator member coverage plan 2; applicability.

State legislator member coverage plan 2 is applicable to state legislators who receive no salary for their legislative service and lieutenant governors who serve terms of office that end after December 31, 2002. To be covered under state legislator member coverage plan 2, a state legislator or lieutenant governor must elect to be a member no later than one hundred eighty days after first taking office or, for state legislators and the lieutenant governor serving on July 1, 2003, within one hundred eighty days of that date.
History:
Laws 2003, ch. 85, § 7.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 85, § 14 made the act effective July 1, 2003.
Temporary provisions.
— Laws 2008, ch. 71, § 1, effective May 14, 2008, provided that notwithstanding the provisions of Sections 10-11-43.1 and 10-11-43.6 NMSA 1978, a legislator or lieutenant governor serving on July 1, 2009 shall be eligible for state legislator member coverage plan 2 if, by December 31, 2008, the legislator or lieutenant governor elects to become a member and:
A. makes a contribution in an amount that, when added to previous contributions, totals five hundred dollars ($500) for each year of credited service earned prior to December 31, 2008; and
B. pays interest on the amount contributed at an interest rate set by the public employees retirement board.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 11 - Retirement of Public Officers and Employees Generally › Section 10-11-43.2 - State legislator member coverage plan 2; age and service requirements for normal retirement.

Under state legislator 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; or
B. any age and ten or more years of credited service.
History:
Laws 2003, ch. 85, § 8.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 85, § 14 made the act effective July 1, 2003.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 11 - Retirement of Public Officers and Employees Generally › Section 10-11-43.3 - State legislator member coverage plan 2; amount of pension; form of payment A.

Under state legislator member coverage plan 2, the annual amount of pension under form of payment A is equal in any calendar year to fourteen percent of the per diem rate in effect, pursuant to Section 2-1-8 NMSA 1978, on the first day of the fiscal year that the legislator or lieutenant governor retires multiplied by sixty and further multiplied by credited service as a legislator or lieutenant governor. A pension paid under state legislator member coverage plan 2 shall be adjusted pursuant to Section 10-11-118 NMSA 1978 for a legislator or lieutenant governor who 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.
History:
Laws 2003, ch. 85, § 9; 2012, ch. 61, § 1; 2019, ch. 251, § 1; 2022, ch. 16, § 1.
ANNOTATIONS
The 2022 amendment,
effective May 18, 2022, changed the calculation for the amount of pension pursuant to state legislator member coverage plan 2, and provided a limited opportunity to make contributions for the purpose of qualifying for a pension under state legislator member coverage plan 2; and after "any calendar year to", deleted "eleven" and added "fourteen".
Temporary provisions.
— Laws 2022, ch. 16, § 2 provided that a state legislator member who is otherwise ineligible for the amount of pension provided in Section 10-11-43.3 NMSA 1978 solely because of the failure to make a timely election pursuant to Section 10-11-43.1 NMSA 1978 shall be eligible for that amount of pension if, before January 1, 2023, the member makes a contribution of:
A. five hundred dollars ($500) for each year of credited service prior to 2012;
B. six hundred dollars ($600) for each year of credited service from 2012 through 2018;
C. one thousand dollars ($1,000) for each year of credited service after 2018; and
D. interest on the amount paid pursuant to Subsections A through C of this section from December 31, 2004 to the date of payment at a rate to be determined by the retirement board created pursuant to the Public Employees Retirement Act.
The 2019 amendment,
effective July 1, 2019, changed "calendar year" to "fiscal year"; after "the first day of the", deleted "calendar" and added "fiscal".
The 2012 amendment,
effective March 7, 2012, changed the date on which the pension is calculated and in the first sentence after "Section 2-1-8 NMSA 1978, on", deleted "December 31" and added "the first day".
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 11 - Retirement of Public Officers and Employees Generally › Section 10-11-43.4 - State legislator member coverage plan 2; member contribution rate.

A member under state legislator member coverage plan 2 shall contribute an amount equal to one thousand dollars ($1,000) for each year of credited service less the amount of any prior contributions made by the member for that credited service.
History:
Laws 2003, ch. 85, § 10; 2012, ch. 61, § 2; 2019, ch. 251, § 2.
ANNOTATIONS
The 2019 amendment,
effective July 1, 2019, increased contribution amounts for members under state legislator member coverage plan 2; and after "an amount equal to", deleted "six hundred dollars ($600)" and added "one thousand dollars ($1,000)".
The 2012 amendment,
effective March 7, 2012, increased the state legislator contribution and after "an amount equal to", deleted "five hundred dollars ($500)" and added "six hundred dollars ($600)".
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 11 - Retirement of Public Officers and Employees Generally › Section 10-11-43.5 - State legislator member coverage plan 2; state contribution rate.

The state shall contribute amounts sufficient to finance the membership of members under state legislator member coverage plan 2 on an actuarial reserve basis.
History:
Laws 2003, ch. 85, § 11.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 85, § 14 made the act effective July 1, 2003.