reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 83 - JUDICIAL RETIREMENT › Part 700 - RETIREMENT › Section 2.83.700.30 - ANNUAL COMPENSATION

Current through Register Vol. 35, No. 13, July 16, 2024
Notwithstanding any provision of the of the Judicial
				  Retirement Act and regulations, the annual compensation of each judge that is
				  taken into account under the plan, including for benefit calculation purposes,
				  for any year does not exceed the limit specified in Internal Revenue Code
				  Section 401(a)(17).
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 83 - JUDICIAL RETIREMENT › Part 800 - SURVIVOR PENSION › Section 2.83.800.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule affects members, former members, retirees,
				  beneficiaries, and the association under the Judicial Retirement
				  Act.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 83 - JUDICIAL RETIREMENT › Part 800 - SURVIVOR PENSION › Section 2.83.800.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is authorized by Sections
				  10-12B-3 and
				  10-12B-14 NMSA
				  1978.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 83 - JUDICIAL RETIREMENT › Part 800 - SURVIVOR PENSION › Section 2.83.800.10 - PROCEDURE

Current through Register Vol. 35, No. 13, July 16, 2024
The procedure for payment of a survivor pension is:
A. Applicants for pre-retirement survivor
				pensions shall notify PERA of the death of the member and complete an
				application for benefits.
B. The
				completed application shall be returned to PERA along with the following
				documents:
(1) A certified copy of the death
				certificate or other proof of death acceptable in a court of law.
(2) If the application is for a surviving
				spouse: copy of the marriage license or other proof of marital status
				acceptable in a court of law, and an affidavit of the surviving spouse that he
				or she and the deceased member were married at the time of death and stating
				whether there are any surviving minor children of the deceased.
(3) Proof of age of the surviving spouse,
				surviving minor children or other designated beneficiary or the proof of age
				for a beneficiary to a supplemental needs trust. Acceptable documents for proof
				of age shall be a birth certificate, a baptismal certificate, a copy of a life
				insurance policy, a certified copy of a voter registration issued over 10 years
				prior, or proof of age meeting a standard at least equivalent to that applied
				by the social security administration.
(4) Documents required under the Probate Code
				for payments to a minor if the application is on behalf of minor and dependent
				children.
(5) Affidavit that the
				applicant or beneficiary of a special needs trust is not married or otherwise
				emancipated if the applicant is a child of the deceased member or a
				supplemental needs trust formed for the benefit of a child of the deceased
				member.
(6) Copies of social
				security cards for all prospective payees.
(7) If the member has been divorced, the
				applicant shall provide PERA with complete endorsed copies of all court
				documents the association deems necessary to ascertain the marital status of
				the member at the time of death and whether any ex-spouse of the member is
				entitled to any portion of any benefits payable. Such documents shall include
				the final decrees and marital property settlements for all marriages during the
				member's covered employment as a judge or justice. If the member's only divorce
				was prior to becoming a member, then the final divorce decree is required, but
				no marital property settlement is required. If the member was divorced more
				than once before becoming a member, then only the most recent final decree is
				required.
(8) a copy of the
				documents related to the formation of the supplemental needs trust, an
				affidavit from the trustee that the trust is formed as a supplemental needs
				trust as authorized by the federal Social Security Act and any additional
				information requested by the association if the application is on behalf of a
				supplemental needs trust.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 83 - JUDICIAL RETIREMENT › Part 900 - GROUP INSURANCE CONTINUATION › Section 2.83.900.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Public Employees Retirement Association, P. O. Box 2123,
				  Santa Fe, New Mexico 87504-2123
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 83 - JUDICIAL RETIREMENT › Part 900 - GROUP INSURANCE CONTINUATION › Section 2.83.900.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule affects retired members who are not covered by the
				  Retiree Health Care Act and the association under the Judicial Retirement
				  Act.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 83 - JUDICIAL RETIREMENT › Part 900 - GROUP INSURANCE CONTINUATION › Section 2.83.900.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is authorized by NMSA 1978, Sections
				  10-12B-3
				  and
				  10-12B-16,
				  as amended.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 83 - JUDICIAL RETIREMENT › Part 900 - GROUP INSURANCE CONTINUATION › Section 2.83.900.8 - GENERAL PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each
				retired member who desires to continue insurance coverage under the provisions
				of any state group insurance plan in effect at the time of retirement, is
				required to file with the association the appropriate documentation.
B. In the event a retired member desires to
				terminate his or her insurance coverage, written notification shall be
				submitted to PERA. Notification received after the fifteenth day of a calendar
				month shall not result in termination of coverage until the first day of the
				following month.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 83 - JUDICIAL RETIREMENT › Part 1000 - APPEAL OF DENIAL OF CLAIM OF BENEFITS › Section 2.83.1000.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Public Employees Retirement Association, P. O. Box 2123,
				  Santa Fe, New Mexico 87504-2123
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 83 - JUDICIAL RETIREMENT › Part 1000 - APPEAL OF DENIAL OF CLAIM OF BENEFITS › Section 2.83.1000.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule affects the members, former members, retirees,
				  beneficiaries, public employers, retirement board and the association under the
				  Judicial Retirement Act.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 83 - JUDICIAL RETIREMENT › Part 1000 - APPEAL OF DENIAL OF CLAIM OF BENEFITS › Section 2.83.1000.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is authorized by NMSA 1978, Sections
				  10-12B-3.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 83 - JUDICIAL RETIREMENT › Part 1000 - APPEAL OF DENIAL OF CLAIM OF BENEFITS › Section 2.83.1000.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 1992 unless a different date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 83 - JUDICIAL RETIREMENT › Part 1000 - APPEAL OF DENIAL OF CLAIM OF BENEFITS › Section 2.83.1000.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to establish procedures and
				  requirements for appealing denials of claims for benefits.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 83 - JUDICIAL RETIREMENT › Part 1000 - APPEAL OF DENIAL OF CLAIM OF BENEFITS › Section 2.83.1000.8 - GENERAL PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The provisions of 2.80.1500 NMAC shall govern the appeal of a
				  denial of a claim for benefits by a judge, justice or retiree under the
				  Judicial Retirement Act.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 83 - JUDICIAL RETIREMENT › Part 1100 - RETIRED MEMBERS › Section 2.83.1100.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Public Employees Retirement Association (PERA), P. O. Box
				  2123, Santa Fe, New Mexico 87504-2123
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 83 - JUDICIAL RETIREMENT › Part 1100 - RETIRED MEMBERS › Section 2.83.1100.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule affects members, retirees, beneficiaries, public
				  employers, retirement board and the association under the Judicial Retirement
				  Act.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 83 - JUDICIAL RETIREMENT › Part 1100 - RETIRED MEMBERS › Section 2.83.1100.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is authorized by Sections
				  10-12B-3
				  and
				  10-12B-17
				  NMSA 1978, as amended.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 83 - JUDICIAL RETIREMENT › Part 1100 - RETIRED MEMBERS › Section 2.83.1100.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to establish standards and
				  procedures for the payment, suspension, and reinstatement of pensions of
				  retired members; to establish notification and reporting requirements for
				  post-retirement employment; and to establish conditions for retired members who
				  work for affiliated public employers as independent
				  contractors.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 83 - JUDICIAL RETIREMENT › Part 1100 - RETIRED MEMBERS › Section 2.83.1100.10 - PAYMENT OF PENSION

Current through Register Vol. 35, No. 13, July 16, 2024
Pension payments will be processed or mailed monthly, not
				  later than the last day of the month for which they are paid.
A. A retired member may have the pension
				warrant mailed directly to any location specified in writing by the retired
				member; provided, however, that after December 31, 1998, the provisions of
				Paragraph (4) of Subsection B of 2.83.700.10 NMAC shall apply. Arrangements
				providing for electronic transfer of pension payments to the retiree's banking
				institution are permitted so long as the retired member's right to receipt of
				the funds is not altered except as ordered by a court of competent
				jurisdiction.
B. In the event a
				retired member is incapacitated or unable to sign his or her pension warrant,
				proof that a guardian has been appointed for the retired member, or proof of
				appointment of a conservator for the estate, or a copy of a durable power of
				attorney for a third party shall be fled with PERA.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 83 - JUDICIAL RETIREMENT › Part 1100 - RETIRED MEMBERS › Section 2.83.1100.20 - POST-RETIREMENT EMPLOYMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A.A member
				who retires must remain unemployed by an employer covered by any state system
				or the educational retirement system. This section does not apply to a retired
				member who:
(1)performs work for an employer
				covered by any state system or the educational retirement system as an
				independent contractor under a contract approved by PERA; or
(2)is appointed to serve as a judge pro
				tempore.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 83 - JUDICIAL RETIREMENT › Part 1100 - RETIRED MEMBERS › Section 2.83.1100.30 - REINSTATEMENT OF PENSION

Current through Register Vol. 35, No. 13, July 16, 2024
When a retired member is subsequently employed by an
				  affiliated public employer, causing suspension of pension and resulting in
				  re-establishment of PERA membership, that person will be eligible to reinstate
				  his or her pension at the termination of the subsequent employment period under
				  the following conditions:
A. the
				retired member's subsequent employer shall provide PERA with a certificate, in
				the form prescribed by PERA, of the date of termination of
				employment;
B. the pension shall be
				reinstated effective the first day of the month following the month of
				termination;
C.unless the Public
				Employees Retirement Reciprocity Act applies, the amount of the reinstated
				pension shall be the same amount as the suspended pension.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 83 - JUDICIAL RETIREMENT › Part 1100 - RETIRED MEMBERS › Section 2.83.1100.40 - INDEPENDENT CONTRACTORS

Current through Register Vol. 35, No. 13, July 16, 2024
If a retired member contracts to perform work for any public
				  employer, the following conditions shall apply:
A. Post-retirement employment contracts with
				public employers must be submitted to PERA at least 15 working days prior to
				the effective date of the contract. PERA shall evaluate the contract to
				determine whether, under the terms of the contract, the retired member is an
				"employee" or an "independent contractor". In making this determination, PERA
				shall refer to the common-law control test guidelines as expressed in the
				Social Security Handbook published by the U.S. Department of Health and Human
				Services, as revised and amended. If PERA determines the retired member is
				actually an "employee" rather than an "independent contractor" under the terms
				of the contract, the retired member's pension will be suspended immediately. If
				the retired member disagrees with PERA's determination, the retired member may
				appeal PERA's decision pursuant to 2.83.1000 NMAC.
B. Renewals, amendments or modifications of
				previously approved post-retirement contracts shall also be submitted to PERA
				for evaluation 15 working days prior to their effective date. The provisions of
				this section will apply to such renewals, amendments or
				modifications.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 83 - JUDICIAL RETIREMENT › Part 1200 - REMITTANCE OF CONTRIBUTIONS › Section 2.83.1200.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Public Employees Retirement Association, P. O. Box 2123,
				  Santa Fe, New Mexico 87504-2123
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 83 - JUDICIAL RETIREMENT › Part 1200 - REMITTANCE OF CONTRIBUTIONS › Section 2.83.1200.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is authorized by NMSA 1978, Section
				  10-12B-3,
				  10-12B-10,
				  and
				  10-12B-11,
				  as amended.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 83 - JUDICIAL RETIREMENT › Part 1300 - CORRECTION OF ERRORS AND OMISSIONS › Section 2.83.1300.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Public Employees Retirement Association, P. O. Box 2123,
				  Santa Fe, New Mexico 87504-2123
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 83 - JUDICIAL RETIREMENT › Part 1300 - CORRECTION OF ERRORS AND OMISSIONS › Section 2.83.1300.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule affects the members, former members, retirees,
				  beneficiaries, public employers, retirement board, and the association under
				  the Judicial Retirement Act.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 83 - JUDICIAL RETIREMENT › Part 1300 - CORRECTION OF ERRORS AND OMISSIONS › Section 2.83.1300.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is authorized by NMSA 1978, Sections
				  10-12B-3
				  and
				  10-12B-19,
				  as amended.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 83 - JUDICIAL RETIREMENT › Part 1300 - CORRECTION OF ERRORS AND OMISSIONS › Section 2.83.1300.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 15, 1995 unless a different date is cited at the end
				  of a section.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 83 - JUDICIAL RETIREMENT › Part 1300 - CORRECTION OF ERRORS AND OMISSIONS › Section 2.83.1300.8 - GENERAL PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The board directs the executive director to make all
				  reasonable efforts to collect any pension overpayment made for any
				  reason.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 84 - MAGISTRATE RETIREMENT › Part 100 - GENERAL PROVISIONS › Section 2.84.100.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Public Employees Retirement Association, P. O. Box 2123,
				  Santa Fe, New Mexico 87504-2123
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 84 - MAGISTRATE RETIREMENT › Part 100 - GENERAL PROVISIONS › Section 2.84.100.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule affects the members, former member, retirees,
				  beneficiaries, public employers, the retirement board and the association under
				  the Magistrate Retirement Act.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 84 - MAGISTRATE RETIREMENT › Part 100 - GENERAL PROVISIONS › Section 2.84.100.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is authorized by NMSA 1978, Section
				  10-12C-3,
				  as amended.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 84 - MAGISTRATE RETIREMENT › Part 100 - GENERAL PROVISIONS › Section 2.84.100.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Magistrate" or
				magistrate judge" has the meaning used throughout Chapter 35 of the New Mexico
				Statures Annotated, as amended and excludes judges of the metropolitan court,
				district court or court of appeals and justices of the supreme court.
B. "Magistrate court" has the meaning used
				throughout Chapter 35 of the New Mexico Statutes Annotated, as
				amended.
C. "Judicial agency" means
				the magistrate court or the administrative office of the courts, or the
				employer that pays the member's salary.
D. "Public employer" means any employer
				covered under any state system or the Educational Retirement Act.
E. "Legal representative" means "personal
				representative" as defined in the Probate Code of New Mexico which includes
				executor, administrator, successor personal representative, special
				administrator and persons who perform substantially the same functions under
				the law governing their status, or an attorney or a person acting pursuant to a
				power of attorney for a member, retired member or beneficiary.
F. "State system" means a retirement program
				provided for in the Public Employees Retirement Act, Magistrate Retirement Act,
				or Judicial Retirement Act.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 84 - MAGISTRATE RETIREMENT › Part 200 - ADMINISTRATION › Section 2.84.200.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Public Employees Retirement Association, P. O. Box 2123,
				  Santa Fe, New Mexico 87504-2123
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 84 - MAGISTRATE RETIREMENT › Part 200 - ADMINISTRATION › Section 2.84.200.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule affects the members, former members, retirees,
				  beneficiaries, public employers, retirement board and the association under the
				  Magistrate Retirement Act.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 84 - MAGISTRATE RETIREMENT › Part 200 - ADMINISTRATION › Section 2.84.200.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to establish procedures for
				  rulemaking, to provide for payment of expenses for investing and administering
				  the magistrate retirement fund, to establish procedures and requirements for
				  remittance of contributions, and to establish procedures for collecting pension
				  overpayments.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 84 - MAGISTRATE RETIREMENT › Part 200 - ADMINISTRATION › Section 2.84.200.10 - RULEMAKING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Prior to the
				adoption, amendment or repeal of any rule, the board shall, at least thirty
				days prior to its proposed action:
(1) publish
				notice of its proposed action in a newspaper with a general statewide
				circulation. The notice shall:
(a) give the
				time and place of any public hearing and state the manner in which data, views
				or arguments may be submitted to the board by any interested person;
(b) describe the substance of the proposed
				action, or state the subjects and issues involved;
(c) include any additional matter required by
				any law, together with specific reference to the statutory authority under
				which the rule is proposed; and
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 84 - MAGISTRATE RETIREMENT › Part 200 - ADMINISTRATION › Section 2.84.200.20 - EXPENSES OF ADMINISTRATION

Current through Register Vol. 35, No. 13, July 16, 2024
Expenses related to the investment of the magistrate
				  retirement fund and administration of the Magistrate Retirement Act shall be
				  paid from the fund. Such expenses shall include:
A. the cost of annual and special actuarial
				valuations necessary to determine the contribution rate required to support
				plan benefits in accordance with the plan's funding objectives; special
				actuarial valuations may also be necessary to measure the impact of proposed
				legislation;
B. the cost of an
				annual independent audit of the fund's financial statements;
C. the cost of investment management services
				as determined by the board;
D. the
				cost of administration of benefit provisions in the same proportion as the
				proportion of MRA members to members of the association; and
E. Any other expenses associated with the
				administration of the fund as determined by the board.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 84 - MAGISTRATE RETIREMENT › Part 200 - ADMINISTRATION › Section 2.84.200.40 - OVERPAYMENT OF PENSION

Current through Register Vol. 35, No. 13, July 16, 2024
The board directs the executive director to make all
				  reasonable efforts to collect any pension overpayment made for any
				  reason.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 84 - MAGISTRATE RETIREMENT › Part 300 - MEMBERSHIP › Section 2.84.300.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Public Employees Retirement Association (PERA), P. O. Box
				  2123, Santa Fe, New Mexico 87504-2123.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 84 - MAGISTRATE RETIREMENT › Part 300 - MEMBERSHIP › Section 2.84.300.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule affects the members, former members, retirees,
				  beneficiaries, public employers, the retirement board and the association under
				  the Magistrate Retirement Act.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 84 - MAGISTRATE RETIREMENT › Part 300 - MEMBERSHIP › Section 2.84.300.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is authorized by Sections
				  10-12C-3
				  and
				  10-12C-4
				  NMSA 1978, as amended.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 84 - MAGISTRATE RETIREMENT › Part 300 - MEMBERSHIP › Section 2.84.300.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to establish procedures for
				  obtaining membership applications and application for exemption from membership
				  under the Magistrate Retirement Act.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 84 - MAGISTRATE RETIREMENT › Part 300 - MEMBERSHIP › Section 2.84.300.9 - MEMBERS

Current through Register Vol. 35, No. 13, July 16, 2024
Magistrates in office on or after July 1,1992, shall be
				  members unless they have previously excluded themselves from membership under
				  the provisions of prior law.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 84 - MAGISTRATE RETIREMENT › Part 300 - MEMBERSHIP › Section 2.84.300.10 - MEMBERSHIP APPLICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each
				judicial agency must provide to PERA a membership application, in the form
				prescribed by PERA, completed by each member within 30 days after the member
				takes office.
B. The member is
				responsible for providing to the association any change of the member's
				address.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 84 - MAGISTRATE RETIREMENT › Part 400 - SERVICE CREDIT › Section 2.84.400.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Public Employees Retirement Association (PERA), P. O. Box
				  2123, Santa Fe, New Mexico 87504-2123.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 84 - MAGISTRATE RETIREMENT › Part 400 - SERVICE CREDIT › Section 2.84.400.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule affects the members, retirees, beneficiaries,
				  public employers, the retirement board and the association under the Magistrate
				  Retirement Act (MRA).
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 84 - MAGISTRATE RETIREMENT › Part 400 - SERVICE CREDIT › Section 2.84.400.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is authorized by Sections
				  10-12C-3
				  and
				  10-12C-5
				  NMSA 1978.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 84 - MAGISTRATE RETIREMENT › Part 400 - SERVICE CREDIT › Section 2.84.400.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to establish standards and
				  procedures for awarding and reinstating service credit under the Magistrate
				  Retirement Act.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 84 - MAGISTRATE RETIREMENT › Part 400 - SERVICE CREDIT › Section 2.84.400.8 - GENERAL PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Members
				may receive one month of service credit for any calendar month in which the
				member becomes a member on or before the sixteenth day of that month, or for
				any calendar month in which the member leaves office on or after the ffiteenth
				day of the month, provided that all other requirements for awarding service
				credit are met.
B. Service credit
				that was forfeited when a member left office and withdrew his or her
				accumulated member contributions may be reinstated by repayment of withdrawn
				member contributions, together with interest from the date of withdrawal to the
				date of repayment at the rate or rates set by the board under the following
				conditions:
(1) Service credit may be
				reinstated in one-year increments, beginning with the most recently forfeited
				service credit. A one-year increment is 12 consecutive, but not necessarily
				continuous, months of service credit. For the purpose of eligibility to retire
				only, less than one year of service credit may be purchased. After
				reinstatement of all 12-month "years" as defined herein, any remaining service
				credit that totals less than 12 months may be reinstated by payment in one lump
				sum as provided herein.
(2) All
				forfeited service credit may also be reinstated by repayment of the total
				amount of all member contributions withdrawn from each period of service
				together with interest from the date of withdrawal to the date of repayment at
				the rate set by the board.
(3) The
				rate or rates of interest for the purchase or reinstatement of service credit
				shall be set annually by the board at a July meeting and shall be effective
				beginning the next succeeding January 1.
(4) A former member who is employed by an
				employer covered under the Educational Retirement Act must provide evidence of
				current contributing membership in the educational retirement association; such
				evidence shall be either certification by the employer, in the form prescribed
				by the association, or certification by the educational retirement association
				(ERA).
(5) Payment for reinstated
				service credit must be received by the association prior to the member's
				effective date of retirement.
(6)
				Interest received to reinstate forfeited service credit under this subsection
				shall not be refunded to the member. The purchase cost received to reinstate
				forfeited service credit, which is determined to be unnecessary to provide the
				maximum pension applicable to the member and which is purchased in reliance on
				information provided by PERA shall be refunded to the member.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 84 - MAGISTRATE RETIREMENT › Part 500 - MEMBER CONTRIBUTIONS › Section 2.84.500.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Public Employees Retirement Association, P. O. Box 2123,
				  Santa Fe, New Mexico 87504-2123
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 84 - MAGISTRATE RETIREMENT › Part 500 - MEMBER CONTRIBUTIONS › Section 2.84.500.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule affects the members former members, retirees,
				  beneficiaries, public employers, the retirement board and the association under
				  the Magistrate Retirement Act.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 84 - MAGISTRATE RETIREMENT › Part 500 - MEMBER CONTRIBUTIONS › Section 2.84.500.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is authorized by NMSA 1978, Sections
				  10-12C-3
				  and
				  10-12C-6,
				  as amended.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 84 - MAGISTRATE RETIREMENT › Part 500 - MEMBER CONTRIBUTIONS › Section 2.84.500.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to establish procedures and
				  requirements for the refund of contributions under the Magistrate Retirement
				  Act.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 84 - MAGISTRATE RETIREMENT › Part 500 - MEMBER CONTRIBUTIONS › Section 2.84.500.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Another
				qualified plan," for the purposes of the direct rollover provisions in Section
				10-11-124(C) NMSA 1978, means an eligible retirement plan, including:
(1) an individual retirement account
				described in Internal Revenue Code Section 408(a);
(2) an individual retirement annuity
				described in Internal Revenue Code Section 408(b);
(3) a qualified trust described in Internal
				Revenue Code Section 401(a) that accepts the distributee's eligible rollover
				distribution,
(4) an annuity plan
				described in Internal Revenue Code Section 403(a);
(5) effective January 1, 2002, an annuity
				contract described in Internal Revenue Code Section 403(b);
(6) effective January 1, 2002, a plan
				eligible under Internal Revenue Code Section 457(b) that is maintained by a
				state, political subdivision of a state or any agency or instrumentality of a
				state or political subdivision of a state that agrees to separately account for
				amounts transferred into the plan; or
(7) effective January 1, 2008, a Roth IRA
				described in Internal Revenue Code Section 408A.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 84 - MAGISTRATE RETIREMENT › Part 500 - MEMBER CONTRIBUTIONS › Section 2.84.500.8 - GENERAL PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				member who leaves office for reasons other than retirement may request a refund
				of his or her total accumulated member contributions. Refunds shall include
				interest as provided in Subsection (D) of this section.
B. No partial refund of a member's
				contributions is permitted.
C.
				Requests for refunds of member contributions shall be made on forms provided by
				the association.
(1) The member or the
				member's legal representative, or the member's designated refund beneficiary or
				the beneficiary's legal representative, if the member is deceased, must
				complete and sign the request for refund.
(2) If the member is deceased, the applicant
				for refund must provide PERA with a copy of the member's death certificate. If
				the deceased member has no living beneficiary, then the personal representative
				of the estate must provide PERA with a copy of the letters of administration or
				order of appointment of personal representative, signed and fled in court; or
				must comply with NMSA 1978, Section
				45-3-1201.
(3) The member's judicial agency must certify
				that the member has left office before a refund may be made.
(4) If the member has been divorced, the
				member shall provide the association with complete endorsed copies of all court
				documents the association deems necessary to ascertain the current marital
				status of the member and whether any ex-spouse of the member is entitled to any
				portion of the member's contributions. Such documentation shall include the
				final decrees and marital property settlements for all marriages during the
				member's employment as a magistrate. If the member's only divorce was prior to
				becoming a member, then the final divorce decree is required but no marital
				property settlement is required. If the member was divorced more than once
				before becoming a member, then only the most recent final decree is required.
				If the member's former spouse is entitled to a portion of a refund of member
				contributions pursuant to a court order entered pursuant to NMSA 1978, Section
				10-12C-7,
				as amended, the member's former spouse may request, on a form prescribed by the
				association, that his or her share of a refund of member contributions be
				transferred directly to another qualified plan as allowed by the Internal
				Revenue Code as specified under Subsection H of 2.84.500.8 NMAC.
(5) After tax employee contributions that are
				not includible in gross income may be directly refunded to the
				member.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 84 - MAGISTRATE RETIREMENT › Part 600 - INTERCEPTION OR DIVISION OF PAYMENTS › Section 2.84.600.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Public Employees Retirement Association (PERA), P. O. Box
				  2123, Santa Fe, New Mexico 87504-2123.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 84 - MAGISTRATE RETIREMENT › Part 600 - INTERCEPTION OR DIVISION OF PAYMENTS › Section 2.84.600.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule affects members, former members, retirees,
				  beneficiaries, and the association under the Magistrate Retirement Act (MRA).
				  This rule also affects the spouses and ex-spouses of members, former members
				  and retirees under the act.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 84 - MAGISTRATE RETIREMENT › Part 600 - INTERCEPTION OR DIVISION OF PAYMENTS › Section 2.84.600.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is authorized by Sections
				  10-12C-3
				  and
				  10-12C-7
				  NMSA 1978, as amended.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 84 - MAGISTRATE RETIREMENT › Part 600 - INTERCEPTION OR DIVISION OF PAYMENTS › Section 2.84.600.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to establish standards and
				  procedures for dividing the community interest in retirement pensions or
				  contributions and for withholding from retirement pensions/contributions the
				  amounts due pursuant to a child support enforcement order.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 84 - MAGISTRATE RETIREMENT › Part 600 - INTERCEPTION OR DIVISION OF PAYMENTS › Section 2.84.600.10 - DIVORCE DECREE OR ORDER

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				following information must be contained in a divorce decree or order which
				divides the community interest in MRA retirement pensions or contributions:
(1) specific information identifying the
				parties, i.e., full names, addresses, social security numbers, retirement
				numbers if any;
(2) a declaration
				that there is a community interest in a member's pension or member
				contributions;
(3) the percentage
				or dollar amount of each party's interest in the gross pension as calculated at
				the time of retirement;
(4) the
				percentage or dollar amount of each party's interest in member
				contributions;
(5) a direct order
				to PERA restraining refund of member contributions except according to the
				provisions of the decree or order, if such a restraint is desired;
(6) liability for and payment of federal and
				state income taxes;
(7) a direct
				order to PERA to issue separate warrants to each party.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 84 - MAGISTRATE RETIREMENT › Part 600 - INTERCEPTION OR DIVISION OF PAYMENTS › Section 2.84.600.20 - CHILD SUPPORT OBLIGATION ENFORCEMENT ORDER

Current through Register Vol. 35, No. 13, July 16, 2024
A.The following information must be contained
				in an order to withhold amounts due in satisfaction of current or delinquent
				child support obligations.
(1) specific
				information identifying the member or retired member, i.e., full name, address,
				social security number, retirement number, if any;
(2) specific information identifying the
				third party payee, i.e., full name, address, social security number, if any, or
				account code for child support enforcement bureau;
(3) dollar amount to be withheld from the
				monthly pension payment or a refund of member contributions;
(4) a direct order to PERA to issue separate
				warrants to each party.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 84 - MAGISTRATE RETIREMENT › Part 600 - INTERCEPTION OR DIVISION OF PAYMENTS › Section 2.84.600.30 - FEDERAL PRE-EMPTIVE ORDERS

Current through Register Vol. 35, No. 13, July 16, 2024
Pursuant to Section
				  10-12C-7
				  NMSA 1978, MRA retirement accounts are not subject to legal process under other
				  state laws, except for division of a community interest in such accounts or in
				  enforcement of child support obligations, both as provided in Section
				  10-12C-7
				  NMSA 1978. In the following instances, however, federal laws pre-empt the
				  provisions of Section
				  10-12C-7
				  NMSA 1978.
A. IRS notices of levy for
				unpaid taxes will be honored if the account is in pay status, i.e., if the
				member has terminated employment and requested a refund of contributions, or if
				a pension is payable. If the levy is applied against a refund of member
				contributions, non-tax deferred contributions shall be paid before tax-deferred
				contributions.
B. Orders issued by
				a U.S. bankruptcy court will be honored if the account is in pay status, i.e.,
				if the member has terminated employment and requested a refund of
				contributions, or if a pension is payable. If the order is applied against a
				refund of member contributions, non-tax deferred contributions shall be paid
				before tax-deferred contributions.
C. Orders of garnishment for fines or
				restitution by a federal court in a criminal case will be honored if the
				account is in pay status, i.e., if the member has terminated employment and
				requested a refund of contributions, or if a pension is payable. If the order
				is applied against a refund of member contributions, non-tax deferred
				contributions shall be paid before tax-deferred contributions.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 84 - MAGISTRATE RETIREMENT › Part 700 - RETIREMENT › Section 2.84.700.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule affects the members, former members, retirees,
				  beneficiaries, public employers, the retirement board and the association under
				  the Magistrate Retirement Act.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 84 - MAGISTRATE RETIREMENT › Part 700 - RETIREMENT › Section 2.84.700.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is authorized by Sections
				  10-12C-3,
				  10-12C-8, and
				  10-12C-9 NMSA 1978, as
				  amended.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 84 - MAGISTRATE RETIREMENT › Part 700 - RETIREMENT › Section 2.84.700.10 - PROCEDURE FOR RETIREMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				following procedure governs the process for retirement:
(1) The member shall request an application
				for retirement from PERA. To ensure that the member may retire on the date the
				member has chosen, the completed application should be returned to PERA, with
				the required documents described in Subsection B below, at least 60 days prior
				to the selected date of retirement. The completed application and all
				supporting documentation must be filed with PERA no later than the close of
				business on the last working day of the month prior to the selected date of
				retirement.
(2) PERA shall furnish
				the member an estimate of retirement pension payable within a reasonable time
				of receipt of the properly completed application and required
				documents.
(3) When the application
				is filed, PERA shall furnish the member's last judicial agency with an
				employer's certification of earnings form to be completed and returned to PERA.
				The final calculation of pension cannot be processed until PERA receives the
				properly completed employer's certification form.
(4) PERA will furnish the member a final
				calculation of retirement pension based on the information provided by the
				judicial agency.
(5) The completed
				application form must either include or be accompanied by a signed notarized
				statement of consent by the member's spouse to the survivor beneficiary elected
				by the member or an affidavit that the member is not married. An affidavit
				naming all former spouses must also accompany the final application
				form.
(6) Retirement will be
				effective on the first day of the month following:
a) the filing with PERA of the completed,
				signed application with all required documentation;
b) the member's qualifying for retirement
				based on service credit and age; and
c) the member's leaving office. An
				application will be deemed to be "filed" when received by PERA as evidenced by
				a writing on the application indicating the date of receipt by PERA.
(7) The retirement of the member
				shall be submitted to the board for ratification at the next regular meeting
				following the effective date of retirement.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 84 - MAGISTRATE RETIREMENT › Part 700 - RETIREMENT › Section 2.84.700.11 - DISABILITY RETIREMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A magistrate who becomes disabled prior to retirement can
				  make application for benefits in accordance with 2.80.1000
				  NMAC.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 84 - MAGISTRATE RETIREMENT › Part 700 - RETIREMENT › Section 2.84.700.20 - BENEFIT PAYMENT

Current through Register Vol. 35, No. 13, July 16, 2024
The maximum annual benefit limits contained in Internal
				  Revenue Code Section 415(b), as amended and adjusted, are incorporated herein
				  by reference. Notwithstanding any other provision of the Magistrate Retirement
				  Act and regulations, all benefits paid from the magistrate retirement trust
				  fund shall be distributed in accordance with the requirements of Internal
				  Revenue Code section 401(a)(9) and the regulations under that section. In order
				  to meet these requirements, the trust fund must be administered in accordance
				  with the following provisions:
A. The
				entire interest of the magistrate shall:
(1)
				be completely distributed to the magistrate not later than the required
				beginning date; or
(2) shall be
				distributed, beginning not later than the required beginning date, in
				accordance with internal revenue service regulations, over a period not
				extending beyond the life expectancy of the magistrate or the life expectancy
				of the magistrate and a designated beneficiary.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 84 - MAGISTRATE RETIREMENT › Part 700 - RETIREMENT › Section 2.84.700.30 - ANNUAL COMPENSATION

Current through Register Vol. 35, No. 13, July 16, 2024
Notwithstanding any provision of the of the Magistrate
				  Retirement Act and regulations, the annual compensation of each magistrate that
				  is taken into account under the plan, including for benefit calculation
				  purposes, for any year does not exceed the limit specified in Internal Revenue
				  Code Section 401(a)(17).
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 84 - MAGISTRATE RETIREMENT › Part 800 - SURVIVOR PENSION › Section 2.84.800.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Public Employees Retirement Association, 33 Plaza La Prensa,
				  Santa Fe, NM, 87507
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 84 - MAGISTRATE RETIREMENT › Part 800 - SURVIVOR PENSION › Section 2.84.800.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule affects the members, former members, retirees,
				  beneficiaries, public employers, retirement board and the association under the
				  Magistrate Retirement Act.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 84 - MAGISTRATE RETIREMENT › Part 800 - SURVIVOR PENSION › Section 2.84.800.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is authorized by Sections
				  10-12C-3 and
				  10-12C-13 NMSA 1978, as
				  amended.
New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 84 - MAGISTRATE RETIREMENT › Part 800 - SURVIVOR PENSION › Section 2.84.800.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to establish the procedure for
				  the payment of a survivor pension under the Magistrate Retirement
				  Act.