2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 12C - Magistrate Retirement › Section 10-12C-13.1 - Election form of pension.

For a member whose initial term in office begins on or after July 1, 2014, except as otherwise provided in Section 10-12C-7 NMSA 1978:
A. the member may elect to have pension payments made under any one of the forms of payment provided in Section 10-12C-13.2 NMSA 1978. The election of form of payment and naming of survivor pension beneficiary shall be made on a form furnished by and filed with the association prior to the date the first pension payment is made. An election of form of payment may not be changed after the date the first pension payment is made. If the member is married, the association shall require the consent of the member's spouse to the election of the form of payment and any designation of survivor pension beneficiary before the election or designation is effective. Except as provided in Subsection C, D or E of this section, a named survivor pension beneficiary may not be changed after the date the first pension payment is made if form of payment B or C is elected. Except as otherwise provided in Section 10-12C-7 NMSA 1978, payment shall be made:
(1) under form of payment A if the member is not married at the time of retirement and if there is not a timely election of another form of payment; or
(2) under form of payment C with the member's spouse as survivor pension beneficiary if the member is married at the time of retirement and there is not a timely election of another form of payment;
B. the amount of pension under forms of payment B, C and D shall have the same actuarial present value, computed as of the effective date of the pension, as the amount of pension under form of payment A;
C. if the member is a retired member who is being paid a pension under form of payment B or C with the member's spouse or a supplemental needs trust to which the spouse is a beneficiary as the designated survivor pension beneficiary, the retired member may, upon becoming divorced from the named spouse and subject to an order of a court as provided for in Section 10-12C-7 NMSA 1978, elect to have future payments made under form of payment A;
D. if the member is retired and was previously being paid a pension under form of payment B or C but, because of the death of the designated survivor pension beneficiary or the death of the beneficiary of a supplemental needs trust or the termination of that trust, is currently receiving a pension under form of payment A, the retired member may exercise a one-time irrevocable option to designate another survivor pension beneficiary and may select either form of payment B or form of payment C; provided that:
(1) the amount of the pension under the form of payment selected shall be recalculated and have the same actuarial present value, computed on the effective date of the designation, as the amount of pension under form of payment A;
(2) the designation and the amount of the pension shall be subject to a court order as provided for in Section 10-12C-7 NMSA 1978; and
(3) the retired member shall pay one hundred dollars ($100) to the board to defray the cost of determining the new pension amount; and
E. if the member is a retired member who is being paid a pension under form of payment B or C with a living or operating designated survivor pension beneficiary other than the retired member's spouse or former spouse or the supplemental needs trust of the retired member's spouse or former spouse, the retired member may exercise a one-time irrevocable option to deselect the designated beneficiary and elect to:
(1) designate another survivor pension beneficiary; provided that:
(a) the retired member shall not have an option to change from the current form of payment;
(b) the amount of the pension under the form of payment shall be recalculated and shall have the same actuarial present value, computed as of the effective date of the designation, as the amount of pension under form of payment A; and
(c) the retired member shall pay one hundred dollars ($100) to the board to defray the cost of determining the new pension amount; or
(2) have future payments made under form of payment A.
History:
1978 Comp., § 10-12C-13.1, enacted by Laws 2014, ch. 39, § 11; 2014, ch. 43, § 11; 2023, ch. 156, § 14.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, allowed a supplemental needs trust to be named as a survivor or refund beneficiary; in Subsection C, after "with the member's spouse", added "or a supplemental needs trust to which the spouse is a beneficiary"; in Subsection D, in the introductory clause, after "pension beneficiary", added "or the death of the beneficiary of a supplemental needs trust or the termination of that trust"; and in Subsection E, after "spouse or former spouse", added "or the supplemental needs trust of the retired member's spouse or former spouse".
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.