NM
New Mexico House Bill HB299

New Mexico 2025 Regular Session

New Mexico House Bill HB299 Compare Versions

Only one version of the bill is available at this time.
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2828 HOUSE BILL 299
2929 57
3030 TH LEGISLATURE
3131 -
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3333 STATE
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3535 OF
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3737 NEW
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3939 MEXICO
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4242 FIRST SESSION
4343 ,
4444
4545 2025
4646 INTRODUCED BY
4747 William A. Hall II and Patricia A. Lundstrom
4848 and Joshua N. Hernandez
4949 AN ACT
5050 RELATING TO PUBLIC EMPLOYEE RETIREMENT; CREATING A STATE LAW
5151 ENFORCEMENT INSTRUCTOR MEMBER; PROVIDING A DEFINITION FOR
5252 "STATE LAW ENFORCEMENT INSTRUCTOR MEMBER"; INCLUDING STATE LAW
5353 ENFORCEMENT INSTRUCTOR MEMBERS UNDER STATE PUBLIC SAFETY MEMBER
5454 COVERAGE PLAN 1; PROVIDING FOR AN ELECTION PERTAINING TO THE
5555 ADOPTION OF STATE PUBLIC SAFETY MEMBER COVERAGE PLAN 1.
5656 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
5757 SECTION 1. Section 10-11-2 NMSA 1978 (being Laws 1987,
5858 Chapter 253, Section 2, as amended) is amended to read:
5959 "10-11-2. DEFINITIONS.--As used in the Public Employees
6060 Retirement Act:
6161 A. "accumulated member contributions" means the
6262 amounts deducted from the salary of a member and credited to
6363 the member's individual account, together with interest, if
6464 .229442.2 underscored material = new
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9191 any, credited to that account;
9292 B. "affiliated public employer" means the state and
9393 any public employer affiliated with the association as provided
9494 in the Public Employees Retirement Act, but does not include an
9595 employer pursuant to the Magistrate Retirement Act, the
9696 Judicial Retirement Act or the Educational Retirement Act;
9797 C. "association" means the public employees
9898 retirement association established under the Public Employees
9999 Retirement Act;
100100 D. "coverage plan funded ratio" means the ratio of
101101 the actuarial value of the assets of a coverage plan to the
102102 actuarial accrued liability of the association for payments
103103 from the coverage plan, as determined by the association's
104104 actuaries;
105105 E. "disability retired member" means a retired
106106 member who is receiving a pension pursuant to the disability
107107 retirement provisions of the Public Employees Retirement Act;
108108 F. "disability retirement pension" means the
109109 pension paid pursuant to the disability retirement provisions
110110 of the Public Employees Retirement Act;
111111 G. "educational retirement system" means that
112112 retirement system provided for in the Educational Retirement
113113 Act;
114114 H. "employee" means any employee of an affiliated
115115 public employer;
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144144 I. "federal social security program" means that
145145 program or those programs created and administered pursuant to
146146 the act of congress approved August 14, 1935, Chapter 531, 49
147147 Stat. 620, as that act may be amended;
148148 J. "final average salary" means the final average
149149 salary calculated in accordance with the provisions of the
150150 applicable coverage plan;
151151 K. "form of payment" means the applicable form of
152152 payment of a pension provided for in Section 10-11-117 NMSA
153153 1978;
154154 L. "former member" means a person who was
155155 previously employed by an affiliated public employer, who has
156156 terminated that employment and who has received a refund of
157157 member contributions;
158158 M. "fund" means the funds included under the Public
159159 Employees Retirement Act;
160160 N. "member" means a currently employed,
161161 contributing employee of an affiliated public employer, or a
162162 person who has been but is not currently employed by an
163163 affiliated public employer, who has not retired and who has not
164164 received a refund of member contributions; "member" also
165165 includes the following:
166166 (1) "adult correctional officer member" means
167167 a member who is employed as an adult correctional officer or an
168168 adult correctional officer specialist by a state correctional
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197197 facility of the corrections department or its successor agency;
198198 (2) "adult probation and parole officer
199199 member" means a member who is employed as a probation and
200200 parole officer by the corrections department or its successor
201201 agency;
202202 (3) "juvenile correctional officer member"
203203 means a member who is employed as a juvenile correctional
204204 officer by the children, youth and families department or its
205205 successor agency;
206206 (4) "juvenile probation and parole officer
207207 member" means a member who is employed as a probation and
208208 parole officer by the children, youth and families department
209209 or its successor agency;
210210 (5) "municipal detention officer member" means
211211 a member who is employed by an affiliated public employer other
212212 than the state and who has inmate custodial responsibilities at
213213 a facility used for the confinement of persons charged with or
214214 convicted of a violation of a law or ordinance;
215215 (6) "municipal fire member" means any member
216216 who is employed as a full-time nonvolunteer firefighter by an
217217 affiliated public employer, other than the state, and who has
218218 taken the oath prescribed for firefighters;
219219 (7) "municipal police member" means any member
220220 who is employed as a police officer by an affiliated public
221221 employer, other than the state, and who has taken the oath
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250250 prescribed for police officers;
251251 (8) "state fire member" means any member who
252252 is employed as a nonvolunteer firefighter of the state and who
253253 has taken the oath prescribed for firefighters; [and ]
254254 (9) "state law enforcement instructor member"
255255 means a member who maintains a law enforcement certification
256256 and is employed by the New Mexico law enforcement academy to
257257 provide training pursuant to the Law Enforcement Training Act;
258258 and
259259 [(9)] (10) "state police member" means a
260260 member who is an officer of the New Mexico state police
261261 division and who has taken the oath prescribed for such
262262 officers and shall include a member who is an officer of the
263263 New Mexico state police division and who was certified and
264264 commissioned in the former motor transportation division or the
265265 former special investigations division of the department of
266266 public safety;
267267 O. "membership" means membership in the
268268 association;
269269 P. "pension" means a series of monthly payments to
270270 a retired member or survivor beneficiary as provided in the
271271 Public Employees Retirement Act;
272272 Q. "public employer" means the state, any
273273 municipality, city, county, metropolitan arroyo flood control
274274 authority, economic development district, regional housing
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303303 authority, soil and water conservation district, entity created
304304 pursuant to a joint powers agreement, council of government,
305305 conservancy district, irrigation district, water and sanitation
306306 district, water district and metropolitan water board,
307307 including the boards, departments, bureaus and agencies of a
308308 public employer, so long as these entities fall within the
309309 meaning of governmental plan as that term is used in Section
310310 414(d) of the Internal Revenue Code of 1986, as amended;
311311 R. "refund beneficiary" means a supplemental needs
312312 trust or a natural person designated by the member, in writing,
313313 in the form prescribed by the association, as the trust or
314314 person that would be refunded the member's accumulated member
315315 contributions payable if the member dies and no survivor
316316 pension is payable or that would receive the difference between
317317 pension paid and accumulated member contributions if the
318318 retired member dies before receiving in pension payments the
319319 amount of the accumulated member contributions;
320320 S. "retire" means to:
321321 (1) terminate employment with all employers
322322 covered by any state system or the educational retirement
323323 system; and
324324 (2) receive a pension from a state system or
325325 the educational retirement system;
326326 T. "retired member" means a person who has met all
327327 requirements for retirement and who is receiving a pension from
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356356 the fund;
357357 U. "retirement board" means the retirement board
358358 provided for in the Public Employees Retirement Act;
359359 V. "salary" means the base salary or wages paid a
360360 member, including longevity pay, for personal services rendered
361361 an affiliated public employer. "Salary" shall not include
362362 overtime pay, unless the overtime payment is required for a
363363 regular scheduled tour of duty as set forth in Section 207(k)
364364 of Title 29 of the United States Code and is made on the
365365 regular payroll for the period represented by that payment,
366366 allowances for housing, clothing, equipment or travel, payments
367367 for unused sick leave, unless the unused sick leave payment is
368368 made through continuation of the member on the regular payroll
369369 for the period represented by that payment, and any other form
370370 of remuneration not specifically designated by law as included
371371 in salary for Public Employees Retirement Act purposes. Salary
372372 in excess of the limitations set forth in Section 401(a)(17) of
373373 the Internal Revenue Code of 1986, as amended, shall be
374374 disregarded. The limitation on compensation for eligible
375375 employees shall not be less than the amount that was allowed to
376376 be taken into account under the state retirement system acts in
377377 effect on July 1, 1993. For purposes of this subsection,
378378 "eligible employee" means an individual who was a member of a
379379 state system before the first plan year beginning after
380380 December 31, 1995;
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409409 W. "state system" means the retirement programs
410410 provided for in the Public Employees Retirement Act, the
411411 Magistrate Retirement Act and the Judicial Retirement Act;
412412 X. "state retirement system acts" means
413413 collectively the Public Employees Retirement Act, the
414414 Magistrate Retirement Act, the Judicial Retirement Act and the
415415 Volunteer Firefighters Retirement Act;
416416 Y. "supplemental needs trust" means a valid third-
417417 party irrevocable trust that is authorized by the federal
418418 Social Security Act, as amended, for the sole benefit and
419419 lifetime of a trust beneficiary who is disabled and is created
420420 for the purpose of providing, accounting for or receiving
421421 supplemental assets that do not supplant, impair or diminish
422422 any benefits or assistance of any federal, state or other
423423 government entity for which the beneficiary would otherwise be
424424 eligible; and
425425 Z. "survivor beneficiary" means a supplemental
426426 needs trust or a natural person that receives a pension or that
427427 has been designated to be paid a pension as a result of the
428428 death of a member or retired member."
429429 SECTION 2. Section 10-11-27 NMSA 1978 (being Laws 1987,
430430 Chapter 253, Section 27, as amended) is amended to read:
431431 "10-11-27. STATE PUBLIC SAFETY MEMBER COVERAGE PLAN 1--
432432 APPLICABILITY--CREDITED SERVICE.--
433433 A. State public safety member coverage plan 1 is
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462462 applicable to:
463463 (1) state police members who are not
464464 specifically covered by another coverage plan;
465465 (2) adult correctional officer members;
466466 (3) adult probation and parole officer
467467 members;
468468 (4) juvenile probation and parole officer
469469 members; [and]
470470 (5) state fire members; and
471471 (6) state law enforcement instructor members .
472472 B. The credited service of a state police member
473473 who was a retired member or a member on or before June 30, 2013
474474 or of an adult correctional officer member shall have actual
475475 credited service increased by twenty percent for the purposes
476476 of state public safety member coverage plan 1.
477477 C. The credited service, accrued after July 1,
478478 2021, of an adult probation and parole officer or a juvenile
479479 probation and parole officer shall be increased by twenty
480480 percent for the purposes of state public safety member coverage
481481 plan 1.
482482 D. The credited service, accrued after July 1,
483483 2024, of a state fire member shall be increased by twenty
484484 percent for the purposes of state public safety member coverage
485485 plan 1.
486486 E. The credited service, accrued after July 1,
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515515 2025, of a state law enforcement instructor member shall be
516516 increased by twenty percent for the purposes of state public
517517 safety member coverage plan 1.
518518 [E.] F. The increase of twenty percent to accrued
519519 credited service provided by this section shall only apply to a
520520 state public safety member who was a retired member or a member
521521 on or before June 30, 2013.
522522 [F.] G. Except as provided in Subsections B through
523523 [E] F of this section, the credited service of a member covered
524524 under state public safety member coverage plan 1 shall be
525525 credited as provided in Section 10-11-4 NMSA 1978.
526526 [G.] H. State public safety member coverage plan 1
527527 is applicable to adult probation and parole officer members and
528528 juvenile probation and parole officer members in the first full
529529 pay period after July 1, 2021 if the retirement board certifies
530530 to the secretary of state that, of those adult probation and
531531 parole officer members and juvenile probation and parole
532532 officer members to be covered under state public safety member
533533 coverage plan 1, a majority of the respective members voting
534534 have voted to approve adoption of that plan at an election
535535 conducted pursuant to Laws 2020, Chapter 11, Sections 63
536536 through 66.
537537 [H.] I. State public safety member coverage plan 1
538538 is applicable in the first full pay period after July 1, 2024
539539 for:
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568568 (1) state fire members who begin employment as
569569 a state fire member on or after July 1, 2024; and
570570 (2) state fire members who were employed in a
571571 position and were subject to the definition of a "state fire
572572 member" prior to July 1, 2024, if the retirement board
573573 certifies to the secretary of state that, of those state fire
574574 members to be covered under state public safety member coverage
575575 plan 1, a majority of the respective members voting have voted
576576 to approve the adoption of that plan at an election conducted
577577 pursuant to [Section 8 of this 2024 act ] Laws 2024, Chapter 52,
578578 Section 8.
579579 J. State public safety member coverage plan 1 is
580580 applicable to state law enforcement instructor members in the
581581 first full pay period after July 1, 2025 if the retirement
582582 board certifies to the secretary of state that, of those state
583583 law enforcement instructor members to be covered under state
584584 public safety member coverage plan 1, a majority of the
585585 respective members voting have voted to approve adoption of
586586 that plan at an election conducted pursuant to Section 3 of
587587 this 2025 act."
588588 SECTION 3. TEMPORARY PROVISION--STATE PUBLIC SAFETY
589589 MEMBER COVERAGE PLAN 1--STATE LAW ENFORCEMENT INSTRUCTOR
590590 MEMBERS--ELECTION.--On or before June 30, 2025, the retirement
591591 board provided for in the Public Employees Retirement Act shall
592592 conduct an election to submit to state law enforcement
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621621 instructor members the question of adopting state public safety
622622 member coverage plan 1.
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