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SENATE BILL 337
57TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2025
INTRODUCED BY
Roberto "Bobby" J. Gonzales
AN ACT
RELATING TO PUBLIC EMPLOYEE PENSIONS; CLARIFYING PROVISIONS
RELATING TO DISABILITY PENSIONS AND SURVIVOR PENSIONS; REMOVING
INCONSISTENCIES RELATING TO SURVIVOR PENSIONS; PROVIDING AN
EXEMPTION TO THE PROCUREMENT CODE FOR THE COLLECTION OF
OVERPAYMENTS; CLARIFYING THE AMOUNT OF PENSION EARNED BY
CERTAIN PUBLIC REGULATION COMMISSION COMMISSIONERS; ALLOWING
THE PUBLIC EMPLOYEES RETIREMENT ASSOCIATION TO SHARE CERTAIN
INFORMATION WITH THE EDUCATIONAL RETIREMENT BOARD REGARDING
CERTAIN RECIPROCITY RETIREES; CLARIFYING CERTAIN PROVISIONS
RELATING TO GIFTS; CLARIFYING THE REQUIREMENTS FOR A RETIRED
MEMBER WHO FILES AN EXEMPTION FROM MEMBERSHIP UNDER THE
MAGISTRATE RETIREMENT ACT; MAKING TECHNICAL CHANGES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 10-11-4 NMSA 1978 (being Laws 1987,
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Chapter 253, Section 4, as amended) is amended to read:
"10-11-4. SERVICE CREDIT--REQUIREMENTS FOR--FORFEITURE--
REINSTATEMENT.--
A. Personal service rendered an affiliated public
employer by a member shall be credited to the member's service
credit account in accordance with retirement board rules and
regulations. Service shall be credited to the nearest month.
In no case shall any member be credited with a year of service
for less than twelve months of service in any calendar year or
more than a month of service for all service in any calendar
month or more than a year of service for all service in any
calendar year. In no case shall any member be allowed to
purchase service credit unless the purchase is authorized in
the Public Employees Retirement Act.
B. Personal service rendered an affiliated public
employer prior to August 1, 1947 shall be credited to a member
if the member acquires one year of service credit for personal
service rendered an affiliated public employer.
C. Personal service rendered an affiliated public
employer after July 31, 1947 but prior to the date the public
employer became an affiliated public employer is prior service
and shall be credited to a member if:
(1) the member has the applicable minimum
number of years of service credit required for normal
retirement. As used in this paragraph, "service credit" means
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only the service credit earned by the member during periods of
employment with an affiliated public employer; and
(2) the member pays the association the amount
determined in accordance with Subsection D of this section.
D. The purchase cost for each month of service
credit purchased under the provisions of this section is equal
to the member's final average salary multiplied by the sum of
the member contribution rate and employer contribution rate
determined in accordance with the coverage plan applicable to
the member at the time of the written election to purchase.
[Full] Payment shall be made in [a single lump-sum amount in ]
accordance with the procedures established by the retirement
board. The portion of the purchase cost derived from the
employer contribution rate shall be credited to the employers
accumulation fund and shall not be refunded to the member in
the event of cessation of membership. In no case shall any
member be credited with a month of service for less than the
purchase cost as defined in this section.
E. Service credit shall be forfeited if a member
terminates employment with an affiliated public employer and
withdraws the member's accumulated member contributions.
F. A member or former member who is a member of
another state system or the educational retirement system and
who has forfeited service credit by withdrawal of member
contributions may reinstate the forfeited service credit by
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repaying the amount withdrawn plus compound interest from the
date of withdrawal to the date of repayment at the rate set by
the retirement board. Withdrawn member contributions [may ]
shall be repaid in [increments of one year in ] accordance with
the procedures established by the retirement board [Full
payment of each one-year increment shall be made in a single
lump-sum amount in accordance with procedures established by
the retirement board]."
SECTION 2. Section 10-11-4.2 NMSA 1978 (being Laws 1993,
Chapter 239, Section 1, as amended) is amended to read:
"10-11-4.2. CORRECTION OF ERRORS AND OMISSIONS--
ESTOPPEL--COLLECTION OF OVERPAYMENTS .--
A. If an error or omission results in an
overpayment to a member or beneficiary of a member, the
association shall correct the error or omission and adjust all
future payments accordingly. The association shall recover all
overpayments made for a period of up to one year prior to the
date the error or omission was discovered.
B. A person who is paid more than the amount that
is lawfully due [him] to that person as a result of fraudulent
information provided by the [member or beneficiary ] person
shall be liable for the repayment of that amount to the
association plus interest on that amount at the rate set by the
retirement board plus all costs of collection, including
attorney fees [if necessary ]. Recovery of such overpayments
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shall extend back to the date the first payment was made based
on the fraudulent information.
C. Statements of fact or law made by retirement
board members or employees of the retirement board or the
association shall not estop the retirement board or the
association from acting in accordance with the applicable
statutes.
D. The provisions of the Procurement Code shall not
apply to the procurement of services related to the collection
of overpayments as provided in this section. "
SECTION 3. Section 10-11-10.1 NMSA 1978 (being Laws 1993,
Chapter 160, Section 3, as amended) is amended to read:
"10-11-10.1. DISABILITY RETIREMENT.--
A. There is created a "disability review committee"
of the retirement board. The disability review committee shall
consist of at least three but not more than five retirement
board members and at least one licensed physician [licensed in
New Mexico] appointed by the retirement board. The board shall
give preference to a physician licensed in New Mexico. The
disability review committee shall review all applications for
disability retirement, review reports required under this
section and approve or deny applications for disability
retirement.
B. The disability review committee may retire a
member on account of disability before the time the member
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would otherwise be eligible for retirement if the following
requirements are satisfied:
(1) the member applying for disability
retirement was a member at the time the disability was
incurred;
(2) a written application for disability
retirement, in the form and containing the information
prescribed by the association, has been filed with the
association by the member, the member's representative or [by]
the member's affiliated public employer;
(3) employment is terminated within forty-
five days of the date of approval of the application for
disability retirement;
(4) if:
(a) the member has the applicable
minimum number of years of service credit required for normal
retirement. For the purposes of this subparagraph, "service
credit" means only the service credit earned by the member
during periods of employment with an affiliated public
employer; or
(b) the disability review committee
finds the disability to have been the natural and proximate
result of causes arising solely and exclusively out of and in
the course of the member's performance of duty with an
affiliated public employer;
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(5) the member submits to all medical
examinations and tests and furnishes copies of all medical
reports requested by the association or disability review
committee; provided that if the disability review committee
requires independent medical or other examinations, those
examinations shall be performed at the association's expense;
and
(6) the disability review committee makes the
determination required under Subsection C of this section.
C. The disability review committee shall review
applications for disability retirement to determine whether:
(1) if the member is a currently employed,
contributing employee of an affiliated public employer:
(a) the member is mentally or physically
totally incapacitated for continued employment with an
affiliated public employer; and
(b) the incapacity is likely to be
permanent; or
(2) if the member is not a currently employed,
contributing employee of an affiliated public employer:
(a) the member is mentally or physically
totally incapacitated for any gainful employment; and
(b) the incapacity is likely to be
permanent.
D. The disability retirement pension shall be paid
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for a period of one year after approval of the initial
application unless the disability review committee for good
cause shown grants disability retirement for a longer period of
time. [After approval ] Payment shall be effective commencing
the first of the month following [submission ] approval of the
initial application and termination of employment.
E. At the end of the first year that a disability
retirement pension is paid, the disability retired member's
condition shall be reevaluated to determine eligibility for
continuation of payment of a disability retirement pension. If
the disability retired member has applied for disability
benefits under the federal social security program, the member
shall submit copies of the member's application. The
association shall continue payment of the state disability
retirement pension if the disability retired member presents a
written final determination from the federal social security
administration that the disability retired member qualifies,
based on the same conditions as presented in the application
for a state disability retirement pension, for federal
disability benefits.
F. If the disability retired member applied for
federal disability benefits within thirty days of receiving
approval for a state disability retirement pension but the
federal social security administration has not made a written
final determination of entitlement by the end of the first year
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that the disability retired member has received a state
disability retirement pension, eligibility for continued
payment of the state disability retirement pension shall be
determined by the disability review committee. The state
disability retirement pension shall be discontinued if the
disability review committee finds that the disability retired
member is capable of any gainful employment.
G. The disability retired member shall notify the
association of the federal social security administration's
final determination within fifteen working days of the date of
issuance of the final written determination. If the federal
social security administration denies federal disability
benefits, the state disability retirement pension shall be
discontinued effective the first of the month following the
month in which the written final determination of the federal
social security administration was issued. If the federal
social security administration grants federal disability
benefits, the state disability retirement pension shall be
continued so long as the disability retired member provides
annually, on or before the anniversary date of commencement of
payment of the state disability retirement pension, written
evidence of continuation of payment of federal disability
benefits. If the disability review committee has denied
continuation of payment of a state disability retirement
pension and the disability retired member is later granted
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federal disability benefits, the state disability retirement
pension shall be reinstated effective the first of the month
following the month in which the state disability retirement
pension was discontinued.
H. If, at the time of reevaluation under Subsection
E of this section, the disability retired member has applied
for and has qualified for federal disability benefits, but for
a different condition than was reviewed by the disability
review committee, the disability review committee shall review
the disability retired member's condition as described by the
application for federal disability benefits. The process set
forth in Subsection I of this section shall be followed to
determine whether payment of a state disability retirement
pension should be continued.
I. If the disability retired member is not eligible
to apply for federal disability benefits or is not a member of
the federal social security program, the disability review
committee annually shall determine eligibility for continuation
of payment of a state disability retirement pension. To make
its determination of continued entitlement, the disability
review committee shall use the guidelines established by the
federal social security administration for determination of
eligibility for federal disability benefits. The determination
shall be based on:
(1) the medical and all other information
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provided by the disability retired member;
(2) at least one independent medical or other
examination performed at the association's expense if required
by the disability review committee; and
(3) any medical, vocational or other
information related to the disability compiled during the
period of disability by any medical or other practitioner
consulted by the disability retired member regarding the
disability [which] that was not paid for by the association.
J. Each disability retired member annually shall
submit to the association, prior to July 1, a statement of
earnings from gainful employment during the preceding calendar
year. The statement of earnings shall be in the form
prescribed by the association. Payment of the state disability
retirement pension shall be discontinued if the amount of
earnings from gainful employment is one hundred percent or more
of the amount that causes a decrease or suspension of an old
age benefit under the federal social security program [or
fifteen thousand dollars ($15,000), whichever is less ].
Payment of the state disability retirement pension shall be
discontinued starting with the month of July if the statement
of earnings is not received by the association prior to July 1.
K. Upon prior approval by the association, a
disability retired member may return to employment with an
affiliated public employer or other employer for a trial period
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not to exceed one hundred twenty calendar days without becoming
a member or causing suspension or discontinuation of payment of
a state disability retirement pension. If the trial period of
employment is successfully completed, payment of the disability
retirement pension shall be discontinued beginning the first of
the month following the one hundred twentieth day of the trial
period of employment. Trial periods of employment shall be
limited to two in any five-year period following disability
retirement.
L. If the disability retired member meets the
minimum age and service credit requirements for normal
retirement while receiving a disability retirement pension, the
disability retirement pension shall be reclassified by the
association as a normal retirement pension, and no further
determinations of eligibility for continuation of payment of
the disability retirement pension shall be made. Upon
reclassification as a normal retirement pension, all the
provisions of the Public Employees Retirement Act regarding
normal retirement shall be applicable.
M. If the disability review committee found the
disability to be the natural and proximate result of causes
arising solely and exclusively out of and in the course of the
member's employment with an affiliated public employer, service
credit shall continue to accrue during the disability
retirement period as though the disability retired member was
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actively employed.
N. The amount of a disability retirement pension
shall be calculated according to the provisions of the coverage
plan applicable to the member at the time of application,
except that the service credit requirement shall be waived and
the actual amount of service credit shall be used instead. If
the disability is the natural and proximate result of causes
arising solely and exclusively out of and in the course of the
member's performance of duty for an affiliated public employer,
the amount of disability retirement pension shall be calculated
according to the provisions of the coverage plan applicable to
the member, imputing the amount of service credit necessary to
meet the minimum service credit requirements for normal
retirement.
O. For the purposes of this section, the following
definitions apply:
(1) "continued employment with the affiliated
public employer" means the ability of the member to fulfill the
required duties of the position in which the member was last
employed by an affiliated public employer;
(2) "gainful employment" means remunerative
employment or self-employment that is commensurate with the
applicant's background, age, education, experience and any new
skills or training the applicant may have acquired after
terminating public employment or incurring the disability;
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(3) "state disability retirement pension"
means the pension paid pursuant to the provisions of this
section; and
(4) "federal disability benefits" means those
benefits paid by the federal social security program."
SECTION 4. Section 10-11-14.5 NMSA 1978 (being Laws 1993,
Chapter 160, Section 4, as amended) is amended to read:
"10-11-14.5. DEATH BEFORE RETIREMENT--SURVIVOR
PENSIONS.--
A. A survivor pension may be paid to certain
persons related to or designated by a member who dies before
normal or disability retirement if a written application for
the pension, in the form prescribed by the association, is
filed with the association by the potential survivor
beneficiary or beneficiaries within one year of the death of
the member. Applications may be filed on behalf of the
potential survivor beneficiary or beneficiaries or by a person
legally authorized to represent them.
B. If [there is no designated survivor beneficiary
and] the retirement board finds the death to have been the
natural and proximate result of causes arising solely and
exclusively out of and in the course of the member's
performance of duty with an affiliated public employer, a
survivor pension shall be payable to the designated survivor
beneficiary. If there is no designated survivor beneficiary, a
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survivor pension shall be payable to the eligible surviving
spouse. The amount of the survivor pension shall be the
greater of:
(1) the amount as calculated under the
coverage plan applicable to the deceased member at the time of
death as though the deceased member had retired the day
preceding death under form of payment B using the actual amount
of service credit attributable to the deceased member at the
time of death; or
(2) fifty percent of the deceased member's
final average salary.
C. A survivor pension shall also be payable to
eligible surviving children if [there is no designated survivor
beneficiary and] the retirement board finds the death to have
been the natural and proximate result of causes arising solely
and exclusively out of and in the course of the member's
performance of duty with an affiliated public employer. The
survivor pension shall be payable to and divided equally among
all eligible surviving children, if any. The total amount of
survivor pension payable for all eligible surviving children
shall be either:
(1) fifty percent of the deceased member's
final average salary if an eligible surviving spouse or
designated survivor beneficiary is not paid a pension; or
(2) twenty-five percent of the deceased
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member's final average salary if an eligible surviving spouse
or designated survivor beneficiary is paid a pension.
[The total amount of survivor pension shall be divided
equally among all eligible surviving children. If there is
only one eligible child, the amount of pension shall be twenty-
five percent of the deceased member's final average salary. ]
D. If the member had the applicable minimum number
of years of service credit required for normal retirement, but
the retirement board did not find the death to have been the
natural and proximate result of causes arising solely and
exclusively out of and in the course of the member's
performance of duty with an affiliated public employer, [and
there is no designated survivor beneficiary ] a survivor pension
shall be payable to the designated survivor beneficiary. If
there is no designated survivor beneficiary, a survivor pension
shall be payable to the eligible surviving spouse. The amount
of the survivor pension shall be the greater of:
(1) the amount as calculated under the
coverage plan applicable to the deceased member at the time of
death as though the deceased member had retired the day
preceding death under form of payment B using the total amount
of actual service credit attributable to the deceased member at
the time of death; or
(2) thirty percent of the deceased member's
final average salary.
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E. If the member had the applicable minimum number
of years of service credit required for normal retirement, but
the retirement board did not find the death to have been the
natural and proximate result of causes arising solely and
exclusively out of and in the course of the member's
performance of duty with an affiliated public employer and
there is no designated survivor beneficiary, and if there is no
eligible surviving spouse at the time of death, a survivor
pension shall be payable to and divided equally among all
eligible surviving children, if any. The total amount of
survivor pension payable for all eligible surviving children
shall be the greater of:
(1) the amount as calculated under the
coverage plan applicable to the deceased member at the time of
death as though the deceased member had retired the day
preceding death under form of payment B with the oldest
eligible surviving child as the survivor beneficiary using the
total amount of actual service credit attributable to the
deceased member at the time of death; or
(2) thirty percent of the deceased member's
final average salary.
F. An eligible surviving spouse is the spouse to
whom the deceased member was married at the time of death. An
eligible surviving child is a child under the age of eighteen
years and who is an unmarried, natural or adopted child of the
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deceased member and who is not the designated survivor
beneficiary of the deceased member .
G. An eligible surviving spouse's pension shall
terminate upon death. An eligible surviving child's pension
shall terminate upon death or marriage or reaching age eighteen
years, whichever comes first.
H. If there is [no designated survivor beneficiary
and there is] no eligible surviving child, the designated
survivor beneficiary or eligible surviving spouse may elect to
be refunded the deceased member's accumulated member
contributions instead of receiving a survivor pension.
I. A member may designate a survivor beneficiary to
receive a pre-retirement survivor pension, subject to the
following conditions:
(1) a written designation, in the form
prescribed by the association, is filed by the member with the
association;
(2) if the member is married at the time of
designation, the designation shall only be made with the
consent of the member's spouse, in the form prescribed by the
association;
(3) if the member is married subsequent to the
time of designation, any prior designations shall automatically
be revoked upon the date of the marriage;
(4) if the member is divorced subsequent to
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the time of designation, any prior designation of the former
spouse as survivor beneficiary shall automatically be revoked
upon the date of divorce; and
(5) a designation of survivor beneficiary may
be changed, with the member's spouse's consent if the member is
married, by the member at any time prior to the member's death.
[J. If there is a designated survivor beneficiary
and the retirement board finds the death to have been the
natural and proximate result of causes arising solely and
exclusively out of and in the course of the member's
performance of duty with an affiliated public employer, a
survivor pension shall be payable to the designated survivor
beneficiary. The amount of the survivor pension shall be the
greater of:
(1) the amount as calculated under the
coverage plan applicable to the deceased member at the time of
death as though the deceased member had retired the day
preceding death under form of payment B using the actual amount
of service credit attributable to the member at the time of
death; or
(2) fifty percent of the deceased member's
final average salary.
K. If there is a designated survivor beneficiary,
if the member had the applicable minimum number of years of
service credit required for normal retirement and if the
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retirement board did not find the death to have been the
natural and proximate result of causes arising solely and
exclusively out of and in the course of the member's
performance of duty with an affiliated public employer, a
survivor pension shall be payable to the designated survivor
beneficiary. The amount of the survivor pension shall be the
greater of:
(1) the amount as calculated under the
coverage plan applicable to the deceased member at the time of
death as though the deceased member had retired the day
preceding death under form of payment B using the actual amount
of service credit attributable to the member at the time of
death; or
(2) thirty percent of the deceased member's
final average salary.
L.] J. If all pension payments permanently
terminate before there is paid an aggregate amount equal to the
deceased member's accumulated member contributions at time of
death, the difference between the amount of accumulated member
contributions and the aggregate amount of pension paid shall be
paid to the deceased member's refund beneficiary. If no refund
beneficiary survives the survivor beneficiary, the difference
shall be paid to the estate of the deceased member.
[M.] K. For purposes of this section, "service
credit" means only the service credit earned by a member during
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periods of employment with an affiliated public employer."
SECTION 5. Section 10-11-26.3 NMSA 1978 (being Laws 1994,
Chapter 128, Section 4, as amended) is amended to read:
"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) or (4) 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."
SECTION 6. Section 10-11-130 NMSA 1978 (being Laws 1987,
Chapter 253, Section 130, as amended) is amended to read:
"10-11-130. RETIREMENT BOARD--AUTHORITY--MEMBERSHIP.--
A. The "retirement board" is created and is the
trustee of the association and the funds created by the state
retirement system acts and has all the powers necessary or
convenient to carry out and effectuate the purposes and
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provisions of the state retirement system acts, including, in
addition to any specific powers provided for in the Public
Employees Retirement Act but without limiting the generality of
the foregoing, the power to:
(1) administer the state retirement system
acts, including the management of the association and making
effective the provisions of those acts, as well as to
administer and manage any other employee benefit acts as
provided by law;
(2) in addition to utilizing services of the
attorney general and notwithstanding any other provision of
law, employ or contract with and compensate competent legal
counsel to handle the legal matters and litigation of the
retirement board and the association and to give advice and
counsel in regard to any matter connected with the duties of
the retirement board;
(3) administer oaths;
(4) adopt and use a seal for authentication of
records, processes and proceedings;
(5) create and maintain records relating to
all members, affiliated public employers and all activities and
duties required of the retirement board;
(6) issue subpoenas and compel the production
of evidence and attendance of witnesses in connection with any
hearings or proceedings of the retirement board;
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(7) make and execute contracts;
(8) purchase, acquire or hold land adjacent to
the state capitol grounds or other suitable location and build
thereon a building to house the association and its employees
and, in the event additional office space is available in the
building after the retirement board and its employees have been
housed, to rent or lease the additional space to any public
agency or private person; provided that first priority for the
rental or leasing shall be to public agencies; and further
provided that for the purpose of purchasing, acquiring or
holding the land and the building thereon, the retirement board
may use funds from the income fund and any other funds
controlled by the retirement board the use of which for such
purposes is not prohibited by law;
(9) after the sale of the land and building
acquired pursuant to Paragraph (8) of this subsection, acquire
land and build thereon a new building to house the association
and its employees and hold the building and land in fee simple
in the name of the association. In order to acquire the land
and plan, design and construct the building, the retirement
board may expend the proceeds of the sale of the land and
building acquired pursuant to Paragraph (8) of this subsection
or any funds controlled by the board, the use of which for such
purposes is not otherwise prohibited by law;
(10) make and adopt such reasonable rules as
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may be necessary or convenient to carry out the duties of the
retirement board and activities of the association, including
any rules necessary to preserve the status of the association
as a qualified pension plan under the provisions of the
Internal Revenue Code of 1986, as amended, or under successor
or related provisions of law;
(11) designate committees and designate
committee members, including individuals who may not be members
of the association; and
(12) select and contract for the services of
one or more custodian banks for all funds under the retirement
board's management. For the purpose of this paragraph,
"custodian bank" means a financial institution with the general
fiduciary duties to manage, control and collect the assets of
an investment fund, including receiving all deposits and paying
all disbursements as directed by staff, safekeeping of assets,
coordination of asset transfers, timely settlement of
securities transactions and accurate and timely reporting of
the assets by individual account and in total.
B. The retirement board consists of:
(1) the secretary of state;
(2) the state treasurer;
(3) four members under a state coverage plan
to be elected by the members under state coverage plans;
(4) four members under a municipal coverage
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plan to be elected by the members under municipal coverage
plans, provided one member shall be a municipal member employed
by a county; and
(5) two retired members to be elected by the
retired members of the association.
C. The results of elections of elected members of
the retirement board shall be certified at the annual meeting
of the association. Elections shall be conducted according to
rules the retirement board adopts from time to time.
D. The regular term of office of the elected
members of the retirement board is four years. The term of one
retirement board member under a state coverage plan expires
annually on December 31. The terms of retirement board members
under a municipal coverage plan expire on December 31 of
noncoinciding years in the pattern set by the retirement board.
Members of the retirement board serve until their successors
have qualified.
E. A member elected to the retirement board who
fails to attend four consecutively scheduled meetings of the
retirement board, unless in each case excused for cause by the
retirement board members in attendance, is considered to have
resigned from the retirement board, and the retirement board
shall by resolution declare the office vacated as of the date
of adoption of the resolution. A vacancy occurring on the
retirement board, except in the case of an elected official,
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shall be filled by the remaining retirement board members,
without requirement that a quorum be present. The member
appointed to fill the vacancy serves for the remainder of the
vacated term.
F. Members of the retirement board serve without
salary for their services as retirement board members, but they
shall receive those amounts authorized under the Per Diem and
Mileage Act.
G. The retirement board shall hold four regular
meetings each year and shall designate in advance the time and
place of the meetings. Special meetings and emergency meetings
of the retirement board may be held upon call of the chair or
any three members of the retirement board. Written notice of
special meetings shall be sent to each member of the retirement
board at least seventy-two hours in advance of the special
meeting. Verbal notice of emergency meetings shall be given to
as many members as is feasible at least eight hours before the
emergency meeting, and the meeting shall commence with a
statement of the nature of the emergency. The retirement board
shall adopt its own rules of procedure and shall keep a record
of its proceedings. All meetings of the retirement board shall
comply with the Open Meetings Act. A majority of retirement
board members shall constitute a quorum. Each attending member
of the retirement board is entitled to one vote on each
question before the retirement board, and at least a majority
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of a quorum shall be necessary for a decision by the retirement
board.
H. Annual meetings of the members of the
association shall be held in Santa Fe at such time and place as
the retirement board shall from time to time determine.
Special meetings of the members of the association shall be
held in Santa Fe upon call of any seven retirement board
members. The retirement board shall send a written notice to
the last known residence address of each member currently
employed by an affiliated public employer at least ten days
prior to any meeting of the members of the association. The
notice shall contain the call of the meeting and the principal
purpose of the meeting. All meetings of the association shall
be public and shall be conducted according to procedures the
retirement board shall from time to time adopt. The retirement
board shall keep a record of the proceedings of each meeting of
the association.
I. [Neither the retirement board nor the
association shall allow public inspection of, or disclosure of,
information from any member or retiree file unless a prior
release and consent, in the form prescribed by the association,
has been executed by the member or retiree; except that
applicable coverage plans, amounts of retirement plan
contributions made by members and affiliated public employers,
pension amounts paid and the names and addresses of public
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employees retirement association members or retirees requested
for election purposes by candidates for election to the
retirement board may be produced or disclosed without release
or consent.] Except as provided in Subsection J of this
section, neither the retirement board nor the association shall
allow public inspection of, or disclosure of, the following
information:
(1) information from any member or retiree
file unless a prior release and consent, in the form prescribed
by the association, has been executed by the member or retiree;
or
(2) information otherwise protected by law.
J. Notwithstanding the provisions of Paragraph (1)
of Subsection I of this section, the association may disclose
the following information:
(1) applicable coverage plans, amounts of
retirement plan contributions made by members and affiliated
public employers and aggregate pension amounts paid;
(2) the names and addresses of members or
retirees that are requested solely for election purposes by
candidates for election to the retirement board; and
(3) member file information to the educational
retirement board for the purpose of administering the
provisions of the Public Employees Retirement Reciprocity Act. "
SECTION 7. Section 10-11-130.1 NMSA 1978 (being Laws
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1999, Chapter 153, Section 1) is amended to read:
"10-11-130.1. RESTRICTIONS ON RECEIPT OF GIFTS--
RESTRICTION ON CAMPAIGN CONTRIBUTIONS--REQUIRED REPORTING.--
[A. Except for gifts of food or beverage given in a
place of public accommodation, consumed at the time of receipt,
not exceeding fifty dollars ($50.00) for a single gift and the
aggregate value of which gifts may not exceed one hundred fifty
dollars ($150) in a calendar year, neither a retirement board
member nor an employee of the retirement board or association
shall receive or accept anything of value directly or
indirectly from a person who:
(1) has a current contract with the retirement
board or association;
(2) is a potential bidder, offeror or
contractor for the provision of services or personal property
to the retirement board or association;
(3) is authorized to invest public funds
pursuant to state or federal law or is an employee or agent of
such a person; or
(4) is an organization, association or other
entity having a membership that includes persons described in
Paragraphs (1) through (3) of this subsection. ]
A. Members of the retirement board and employees of
the association shall comply with the provisions of the Gift
Act.
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B. No person who is a candidate in a primary or
general election for a position that qualifies the person for
ex-officio membership on the retirement board, no member
serving ex officio on the retirement board and no person who is
a nominee for retirement board membership by election by some
or all of the members of the association pursuant to the Public
Employees Retirement Act shall accept anything of a value of
more than twenty-five dollars ($25.00) as a contribution to an
ex-officio member's statewide campaign in a primary or general
election or as a contribution to the campaign of a nominee for
membership on the board as a member elected by all or some of
the members of the association from a person who:
(1) has a current contract with the retirement
board or association;
(2) is a potential bidder, offeror or
contractor for the provision of services or personal property
to the retirement board or association;
(3) is authorized to invest public funds
pursuant to state or federal law or is an employee or agent of
such a person; or
(4) is an organization, association or other
entity having a membership that includes persons described in
Paragraphs (1) through (3) of this subsection.
C. Within ten days after an election in which one
or more board members are elected by some or all of the members
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of the association pursuant to the Public Employees Retirement
Act, all persons who were candidates for board membership in
that election shall file with the association a report
disclosing all contributions to their respective campaigns
whether made directly to the candidate, a political action
committee or to some other entity supporting the candidate's
election. The contributions shall be reported by amount and
specific source. Within sixty days after the election, the
association shall publish the reports required by this
subsection."
SECTION 8. Section 10-11-135 NMSA 1978 (being Laws 1987,
Chapter 253, Section 135, as amended) is amended to read:
"10-11-135. FUNDS NOT SUBJECT TO PROCESS.--Except as
provided in Sections 10-11-136 and 10-11-136.1 NMSA 1978, none
of the money, pensions or other benefits mentioned in the
Public Employees Retirement Act shall be assignable either in
law or in equity or be subject to execution, levy, attachment,
garnishment or other legal process, except as required by
federal law or pursuant to federal action or order of a federal
court or federal agency ."
SECTION 9. Section 10-11A-7 NMSA 1978 (being Laws 1983,
Chapter 263, Section 7, as amended) is amended to read:
"10-11A-7. RETIREMENT ANNUITY--SURVIVING BENEFICIARY.--A
member may designate a spouse or dependent child as a
beneficiary. In the event a retirement annuitant dies, the
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surviving beneficiary shall receive an annuity equal to two-
thirds of the retirement annuity being paid to the retirement
annuitant at the time of death; provided that the annuity paid
to a beneficiary spouse shall cease upon the surviving spouse's
[marriage or] death and the annuity paid to a beneficiary
dependent child shall cease upon the child reaching eighteen
years of age or upon the child's death, whichever comes first."
SECTION 10. Section 10-12C-4 NMSA 1978 (being Laws 1992,
Chapter 118, Section 4, as amended by Laws 2014, Chapter 39,
Section 3 and by Laws 2014, Chapter 43, Section 3) is amended
to read:
"10-12C-4. MEMBERSHIP.--Unless an irrevocable exemption
is filed pursuant to Subsection C of Section 10-12C-16 NMSA
1978, every magistrate while in office shall become a member
and shall be subject to the provisions of the Magistrate
Retirement Act [provided, however, that a magistrate who, prior
to July 1, 2014, applied for and received an exemption from
membership shall not become a member until such exemption
ends]. A magistrate who is retired under any state system or
the educational retirement system, including a magistrate who
is otherwise exempt from the provisions of the Magistrate
Retirement Act, shall:
A. pay the applicable member contributions and the
state, through the administrative office of the courts, shall
pay the applicable employer contributions as provided pursuant
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to the Magistrate Retirement Act; and
B. not accrue a service credit and shall not be
eligible to purchase service credit nor to retire pursuant to
the Magistrate Retirement Act."
SECTION 11. Section 10-12C-8 NMSA 1978 (being Laws 1992,
Chapter 118, Section 8, as amended by Laws 2014, Chapter 39,
Section 5 and by Laws 2014, Chapter 43, Section 5) is amended
to read:
"10-12C-8. AGE AND SERVICE CREDIT REQUIREMENTS FOR NORMAL
RETIREMENT.--
A. For a magistrate who was a member on June 30,
2014, the age and service credit requirements for retirement
provided for in the Magistrate Retirement Act are:
(1) age sixty-five years or older and five or
more years of service credit;
(2) age sixty years or older and fifteen or
more years of service credit; or
(3) any age and twenty-four or more years of
service credit.
B. For a magistrate who initially became a member
on or after July 1, 2014, the age and service requirements for
normal retirement provided for in the Magistrate Retirement Act
are:
(1) age sixty-five years or older and eight or
more years of service credit;
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(2) age sixty years or older and fifteen or
more years of service credit; or
(3) any age and twenty-four or more years of
service credit.
C. Except for a member who is retired under any
state system or the educational retirement system, if a member
leaves office for any reason, other than removal pursuant to
Article 6, Section 32 of the constitution of New Mexico before
meeting the age and service credit requirements for retirement
pursuant to the provisions of this section and if that member
leaves the member contributions on deposit in the fund, that
member may apply for retirement when that member meets the age
and service credit requirements for retirement pursuant to the
provisions of the Magistrate Retirement Act or provisions of
the Public Employees Retirement Reciprocity Act.
D. No member shall be eligible to receive a pension
pursuant to the provisions of the Magistrate Retirement Act
while [still in office ] serving a term of office for which
service credit is accrued ."
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