New Mexico 2025 Regular Session

New Mexico Senate Bill SB292 Compare Versions

Only one version of the bill is available at this time.

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28	28	SENATE BILL 292
29	29	57
30	30	TH LEGISLATURE
31	31	-
32	32
33	33	STATE
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35	35	OF
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37	37	NEW
38	38
39	39	MEXICO
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41	41	-
42	42	FIRST SESSION
43	43	,
44	44
45	45	2025
46	46	INTRODUCED BY
47	47	Antoinette Sedillo Lopez and Linda M. López
48	48	AN ACT
49	49	RELATING TO PUBLIC EMPLOYEES; AMENDING THE PUBLIC EMPLOYEES
50	50	RETIREMENT ACT TO ALLOW PROTECTIVE SERVICE WORKERS TO RETURN TO
51	51	WORK UNDER CERTAIN CONDITIONS.
52	52	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
53	53	SECTION 1. Section 10-11-8 NMSA 1978 (being Laws 1987,
54	54	Chapter 253, Section 8, as amended) is amended to read:
55	55	"10-11-8. NORMAL RETIREMENT--RETURN TO EMPLOYMENT--
56	56	BENEFITS CONTINUED--CONTRIBUTIONS.--
57	57	A. A member may retire upon fulfilling the
58	58	following requirements prior to the selected date of
59	59	retirement:
60	60	(1) a written application for normal
61	61	retirement, in the form prescribed by the association, is filed
62	62	with the association;
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90	90	(2) employment is terminated with all
91	91	employers covered by any state system or the educational
92	92	retirement system;
93	93	(3) the member selects an effective date of
94	94	retirement that is the first day of a calendar month; and
95	95	(4) the member meets the age and service
96	96	credit requirement for normal retirement specified in the
97	97	coverage plan applicable to the member.
98	98	B. The amount of normal retirement pension is
99	99	determined in accordance with the coverage plan applicable to
100	100	the member.
101	101	C. Except as provided in Subsections D, J and K of
102	102	this section, on or after July 1, 2010, a retired member may be
103	103	subsequently employed by an affiliated public employer only
104	104	pursuant to the following provisions:
105	105	(1) the retired member has not been employed
106	106	as an employee of an affiliated public employer or retained as
107	107	an independent contractor by the affiliated public employer
108	108	from which the retired member retired for at least twelve
109	109	consecutive months from the date of retirement to the
110	110	commencement of subsequent employment or reemployment with an
111	111	affiliated public employer;
112	112	(2) the retired member's pension shall be
113	113	suspended upon commencement of the subsequent employment;
114	114	(3) except as provided in Subsection F of this
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143	143	section, the retired member shall not become a member and shall
144	144	not accrue service credit, and the retired member and that
145	145	person's subsequent affiliated public employer shall not make
146	146	contributions under any coverage plan pursuant to the Public
147	147	Employees Retirement Act; and
148	148	(4) upon termination of the subsequent
149	149	employment, the retired member's pension shall resume in
150	150	accordance with the provisions of Subsection A of this section.
151	151	D. The provisions of Subsections C, G, H, J and K
152	152	of this section do not apply to:
153	153	(1) a retired member employed by the
154	154	legislature for legislative session work;
155	155	(2) a retired member employed temporarily as a
156	156	precinct board member for a municipal election or an election
157	157	covered by the Election Code; or
158	158	(3) a retired member who is elected to serve a
159	159	term as an elected official in an office covered pursuant to
160	160	the Public Employees Retirement Act; provided that:
161	161	(a) the retired member files an
162	162	irrevocable exemption from membership with the association
163	163	within thirty days of taking office; and
164	164	(b) the irrevocable exemption shall be
165	165	for the elected official's term of office.
166	166	E. A retired member who returns to employment
167	167	during retirement pursuant to Subsection D of this section is
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196	196	entitled to receive retirement benefits but is not entitled to
197	197	accrue service credit or to acquire or purchase service credit
198	198	in the future for the period of the retired member's subsequent
199	199	employment with an affiliated public employer.
200	200	F. At any time during a retired member's subsequent
201	201	employment pursuant to Subsection C of this section, the
202	202	retired member may elect to become a member and the following
203	203	conditions shall apply:
204	204	(1) the previously retired member and the
205	205	subsequent affiliated public employer shall make the required
206	206	employee and employer contributions, and the previously retired
207	207	member shall accrue service credit for the period of subsequent
208	208	employment; and
209	209	(2) when the previously retired member
210	210	terminates the subsequent employment with an affiliated public
211	211	employer, the previously retired member shall retire according
212	212	to the provisions of the Public Employees Retirement Act,
213	213	subject to the following conditions:
214	214	(a) payment of the pension shall resume
215	215	in accordance with the provisions of Subsection A of this
216	216	section;
217	217	(b) unless the previously retired member
218	218	accrued at least three years of service credit on account of
219	219	the subsequent employment, the recalculation of pension shall:
220	220	1) employ the form of payment selected by the previously
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249	249	retired member at the time of the first retirement; and 2) use
250	250	the provisions of the coverage plan applicable to the member on
251	251	the date of the first retirement; and
252	252	(c) the recalculated pension shall not
253	253	be less than the amount of the suspended pension.
254	254	G. A retired member who returned to work with an
255	255	affiliated public employer prior to July 1, 2010 shall be
256	256	subject to the provisions of this section in effect on the date
257	257	the retired member returned to work; provided that on and after
258	258	July 1, 2010, the retired member shall pay the employee
259	259	contribution in an amount specified in the Public Employees
260	260	Retirement Act for the position in which the retired member is
261	261	subsequently employed.
262	262	H. Effective July 1, 2014, if a retired member who,
263	263	subsequent to retirement, is employed and covered pursuant to
264	264	the provisions of the Magistrate Retirement Act or Judicial
265	265	Retirement Act, during the period of subsequent employment:
266	266	(1) the member shall be entitled to receive
267	267	retirement benefits;
268	268	(2) the retired member's cost-of-living
269	269	pension adjustment shall be suspended upon commencement of the
270	270	employment; and
271	271	(3) upon termination of the employment, the
272	272	retired member's suspended cost-of-living pension adjustment
273	273	shall be reinstated as provided under Section 10-11-118 NMSA
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302	302	1978.
303	303	I. The pension of a member who has earned service
304	304	credit under more than one coverage plan shall be determined as
305	305	follows:
306	306	(1) the pension of a member who has three or
307	307	more years of service credit earned on or before June 30, 2013
308	308	under each of two or more coverage plans shall be determined in
309	309	accordance with the coverage plan that produces the highest
310	310	pension;
311	311	(2) the pension of a member who has service
312	312	credit earned on or before June 30, 2013 under two or more
313	313	coverage plans but who has three or more years of service
314	314	credit under only one of those coverage plans shall be
315	315	determined in accordance with the coverage plan in which the
316	316	member has three or more years of service credit. If the
317	317	service credit is acquired under two different coverage plans
318	318	applied to the same affiliated public employer as a consequence
319	319	of an election by the members, adoption by the affiliated
320	320	public employer or a change in the law that results in the
321	321	application of a coverage plan with a greater pension, the
322	322	greater pension shall be paid a member retiring from the
323	323	affiliated public employer under which the change in coverage
324	324	plan took place regardless of the amount of service credit
325	325	under the coverage plan producing the greater pension; provided
326	326	that the member has three or more years of continuous
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355	355	employment with that affiliated public employer immediately
356	356	preceding or immediately preceding and immediately following
357	357	the date the coverage plan changed;
358	358	(3) the pension of a member who has service
359	359	credit earned on or before June 30, 2013 under each of two or
360	360	more coverage plans and who has service credit earned under any
361	361	coverage plan on or after July 1, 2013 shall be equal to the
362	362	sum of:
363	363	(a) the pension attributable to the
364	364	service credit earned on or before June 30, 2013 determined
365	365	pursuant to Paragraph (1) or (2) of this subsection; and
366	366	(b) the pension attributable to the
367	367	service credit earned under each coverage plan on or after July
368	368	1, 2013;
369	369	(4) the pension of a member who has service
370	370	credit earned only on and after July 1, 2013 shall be equal to
371	371	the sum of the pension attributable to the service credit the
372	372	member has accrued under each coverage plan; and
373	373	(5) the provisions of each coverage plan for
374	374	the purpose of this subsection shall be those in effect at the
375	375	time the member ceased to be covered by the coverage plan.
376	376	"Service credit", for the purposes of this subsection, shall be
377	377	only personal service rendered an affiliated public employer
378	378	and credited to the member under the provisions of Subsection A
379	379	of Section 10-11-4 NMSA 1978. Service credited under any other
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408	408	provision of the Public Employees Retirement Act shall not be
409	409	used to satisfy the three-year service credit requirement of
410	410	this subsection.
411	411	J. A retired member may be subsequently employed by
412	412	an affiliated public employer; provided that the retired member
413	413	has not been employed as an employee of an affiliated public
414	414	employer or retained as an independent contractor by the
415	415	affiliated public employer from which the retired member
416	416	retired for at least ninety consecutive days from the date of
417	417	retirement to the commencement of subsequent employment or
418	418	reemployment with an affiliated public employer; and further
419	419	provided that the:
420	420	(1) retired member shall only be employed in
421	421	one of the following positions:
422	422	(a) adult correctional officer;
423	423	(b) adult detention officer;
424	424	(c) courthouse security officer;
425	425	(d) emergency medical dispatcher;
426	426	(e) emergency medical technician or
427	427	paramedic;
428	428	(f) firefighter;
429	429	(g) juvenile correctional officer;
430	430	(h) juvenile detention officer;
431	431	(i) municipal police officer;
432	432	(j) peace officer;
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461	461	(k) protective service worker;
462	462	[(k)] (l) protective services
463	463	investigator;
464	464	[(l)] (m) public safety
465	465	telecommunicator;
466	466	[(m)] (n) sheriff's deputy; or
467	467	[(n)] (o) state police officer;
468	468	(2) retired member shall have retired prior to
469	469	December 31, 2023;
470	470	(3) retired member's pension, including any
471	471	cost-of-living adjustment, shall continue to be paid during the
472	472	period of subsequent employment;
473	473	(4) retired member shall not become a member
474	474	during the period of subsequent employment;
475	475	(5) retired member shall not accrue service
476	476	credit for any portion of the period of subsequent employment;
477	477	(6) retired member and the retired member's
478	478	subsequent affiliated public employer shall make the
479	479	contributions that would be required for members and employers
480	480	under the applicable coverage plan during the entire period of
481	481	subsequent employment;
482	482	(7) contributions paid by or on behalf of the
483	483	retired member during the term of subsequent employment shall
484	484	not be refundable at the termination of the subsequent
485	485	employment;
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514	514	(8) retired member shall have no seniority
515	515	based on pre-retirement employment for purposes of selecting
516	516	shifts;
517	517	(9) retired member shall have no limitation on
518	518	the length of time that the retired member can be subsequently
519	519	employed or reemployed by an affiliated public employer;
520	520	provided that the retired member shall only receive up to
521	521	thirty-six consecutive months of pension payments while
522	522	reemployed;
523	523	(10) retired member shall not be hired for
524	524	reemployment into an employment position with a vacancy rate
525	525	that is lower than ten percent at the time of the retired
526	526	member's hiring; and
527	527	(11) subsequent employment begins prior to
528	528	July 1, 2027.
529	529	K. An affiliated public employer that employs a
530	530	retired member provided in Subsection J of this section shall:
531	531	(1) track and document:
532	532	(a) the date of hire and date of
533	533	separation for each reemployed retired member;
534	534	(b) the retired member's employment
535	535	position prior to retirement;
536	536	(c) the salary of each reemployed
537	537	retired member; and
538	538	(d) the monthly vacancy rate for each
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567	567	employment position at the affiliated public employer; and
568	568	(2) if the affiliated public employer has to
569	569	lay off employees due to budgetary restrictions, lay off
570	570	reemployed retired members before laying off any members.
571	571	L. For the purposes of this section:
572	572	(1) "adult correctional officer" means a
573	573	person who is employed as an adult correctional officer or an
574	574	adult correctional officer specialist by a state correctional
575	575	facility of the corrections department or its successor agency;
576	576	(2) "adult detention officer" means a person
577	577	who is employed by an affiliated public employer other than the
578	578	state and who has inmate custodial responsibilities at a
579	579	facility used for the confinement of adults charged with or
580	580	convicted of a violation of a law or ordinance;
581	581	(3) "courthouse security officer" means a
582	582	person who is employed by the administrative office of the
583	583	courts who provides security or protective services for a
584	584	courthouse;
585	585	(4) "emergency medical dispatcher" means a
586	586	person who is trained and licensed pursuant to the Emergency
587	587	Medical Services Act and who receives calls for emergency
588	588	medical assistance, provides pre-arrival medical instructions,
589	589	dispatches emergency medical assistance and coordinates its
590	590	response;
591	591	(5) "emergency medical technician" means a
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620	620	person who is licensed as an emergency medical technician or
621	621	paramedic and who provides patient care pursuant to the
622	622	Emergency Medical Services Act;
623	623	(6) "firefighter" means a person who is
624	624	employed as a full-time non-volunteer firefighter by an
625	625	affiliated public employer who has taken the oath for
626	626	firefighters and who serves in a non-management position
627	627	serving or supporting the delivery of emergency services in a
628	628	front line capacity;
629	629	(7) "juvenile correctional officer" means a
630	630	person who is employed as a juvenile correctional officer by
631	631	the children, youth and families department or its successor
632	632	agency;
633	633	(8) "juvenile detention officer" means a
634	634	person who is employed as a juvenile detention officer or youth
635	635	program officer by an affiliated public employer other than the
636	636	state;
637	637	(9) "municipal police officer" means a person
638	638	who is employed by an affiliated public employer other than the
639	639	state or a county and who is a law enforcement officer who
640	640	serves in a uniformed patrol capacity responding to dispatched
641	641	calls for service;
642	642	(10) "peace officer" means a person who is
643	643	appointed by the attorney general or district attorney and who
644	644	is a certified law enforcement officer who investigates and
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673	673	enforces state laws, rules and regulations, including the
674	674	execution of warrants;
675	675	(11) "protective service worker" means a
676	676	person who is an employee of the protective services division
677	677	of the children, youth and families department;
678	678	[(11)] (12) "protective services investigator"
679	679	means a person who is an employee of the protective services
680	680	division of the children, youth and families department who
681	681	investigates child abuse referrals, assesses the risk and
682	682	safety of the child and takes appropriate action or prepares
683	683	cases for transfer to child protective services permanency
684	684	planning;
685	685	[(12)] (13) "public safety telecommunicator"
686	686	means a person who is an employee of a safety agency who
687	687	receives calls or dispatches the appropriate personnel or
688	688	equipment in response to calls for police, fire or medical
689	689	services and makes decisions affecting the life, health or
690	690	welfare of the public or safety employees and who has qualified
691	691	for the certification set forth in the Public Safety
692	692	Telecommunicator Training Act;
693	693	[(13)] (14) "sheriff's deputy" means a person
694	694	who is employed by a county and who is a law enforcement
695	695	officer who serves in a uniformed patrol capacity responding to
696	696	dispatched calls for service or serves as a courthouse security
697	697	officer employed by a county; and
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726	726	[(14)] (15) "state police officer" means a
727	727	person who is an officer of the New Mexico state police
728	728	division of the department of public safety, who has taken the
729	729	oath prescribed for such officers and who serves in a uniformed
730	730	patrol capacity responding to dispatched calls for service."
731	731	- 14 -
732	732	.229689.2