New Mexico 2025 Regular Session

New Mexico Senate Bill SB438 Compare Versions

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

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28	28	SENATE BILL 438
29	29	57
30	30	TH LEGISLATURE
31	31	-
32	32
33	33	STATE
34	34
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	Michael Padilla
48	48	AN ACT
49	49	RELATING TO PUBLIC EMPLOYEE PENSIONS; PROVIDING AN EQUAL
50	50	CALCULATION OF THE CREDITED SERVICE ACCRUED FOR ALL STATE
51	51	POLICE MEMBERS COVERED UNDER STATE PUBLIC SAFETY MEMBER
52	52	COVERAGE PLAN 1.
53	53	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
54	54	SECTION 1. Section 10-11-27 NMSA 1978 (being Laws 1987,
55	55	Chapter 253, Section 27, as amended) is amended to read:
56	56	"10-11-27. STATE PUBLIC SAFETY MEMBER COVERAGE PLAN 1--
57	57	APPLICABILITY--CREDITED SERVICE.--
58	58	A. State public safety member coverage plan 1 is
59	59	applicable to:
60	60	(1) state police members who are not
61	61	specifically covered by another coverage plan;
62	62	(2) adult correctional officer members;
63	63	.230810.2 underscored material = new
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90	90	(3) adult probation and parole officer
91	91	members;
92	92	(4) juvenile probation and parole officer
93	93	members; and
94	94	(5) state fire members.
95	95	B. The credited service of a state police member
96	96	[who was a retired member or a member on or before June 30,
97	97	2013 or] shall have actual credited service increased by twenty
98	98	percent for the purposes of state public safety member coverage
99	99	plan 1.
100	100	C. The credited service of an adult correctional
101	101	officer member shall have actual credited service increased by
102	102	twenty percent for the purposes of state public safety member
103	103	coverage plan 1.
104	104	[C.] D. The credited service, accrued after July 1,
105	105	2021, of an adult probation and parole officer or a juvenile
106	106	probation and parole officer shall be increased by twenty
107	107	percent for the purposes of state public safety member coverage
108	108	plan 1.
109	109	[D.] E. The credited service, accrued after July 1,
110	110	2024, of a state fire member shall be increased by twenty
111	111	percent for the purposes of state public safety member coverage
112	112	plan 1.
113	113	[E.] F. The increase of twenty percent to accrued
114	114	credited service provided by Subsections C through E of this
115	115	.230810.2
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143	143	section shall only apply to a state public safety member who
144	144	was a retired member or a member on or before June 30, 2013.
145	145	[F.] G. Except as provided in Subsections B through
146	146	[E] F of this section, the credited service of a member covered
147	147	under state public safety member coverage plan 1 shall be
148	148	credited as provided in Section 10-11-4 NMSA 1978.
149	149	[G.] H. State public safety member coverage plan 1
150	150	is applicable to adult probation and parole officer members and
151	151	juvenile probation and parole officer members in the first full
152	152	pay period after July 1, 2021 if the retirement board certifies
153	153	to the secretary of state that, of those adult probation and
154	154	parole officer members and juvenile probation and parole
155	155	officer members to be covered under state public safety member
156	156	coverage plan 1, a majority of the respective members voting
157	157	have voted to approve adoption of that plan at an election
158	158	conducted pursuant to Laws 2020, Chapter 11, Sections 63
159	159	through 66.
160	160	[H.] I. State public safety member coverage plan 1
161	161	is applicable in the first full pay period after July 1, 2024
162	162	for:
163	163	(1) state fire members who begin employment as
164	164	a state fire member on or after July 1, 2024; and
165	165	(2) state fire members who were employed in a
166	166	position and were subject to the definition of a "state fire
167	167	member" prior to July 1, 2024, if the retirement board
168	168	.230810.2
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196	196	certifies to the secretary of state that, of those state fire
197	197	members to be covered under state public safety member coverage
198	198	plan 1, a majority of the respective members voting have voted
199	199	to approve the adoption of that plan at an election conducted
200	200	pursuant to [Section 8 of this 2024 act ] Laws 2024, Chapter 52,
201	201	Section 8."
202	202	SECTION 2. Section 10-11-28 NMSA 1978 (being Laws 1987,
203	203	Chapter 253, Section 28, as amended) is amended to read:
204	204	"10-11-28. STATE PUBLIC SAFETY MEMBER COVERAGE PLAN 1--
205	205	AGE AND SERVICE REQUIREMENTS FOR NORMAL RETIREMENT.--Under
206	206	state public safety member coverage plan 1:
207	207	A. for [a] an adult correctional officer member, an
208	208	adult probation and parole officer member, a juvenile probation
209	209	and parolee officer member or a state fire member who was a
210	210	retired member or a member on June 30, 2013, the age and
211	211	service requirements for normal retirement are:
212	212	(1) age sixty-five years or older and five or
213	213	more years of credited service;
214	214	(2) age sixty-four years and eight or more
215	215	years of credited service;
216	216	(3) age sixty-three years and eleven or more
217	217	years of credited service;
218	218	(4) age sixty-two years and fourteen or more
219	219	years of credited service;
220	220	(5) age sixty-one years and seventeen or more
221	221	.230810.2
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249	249	years of credited service;
250	250	(6) age sixty years and twenty or more years
251	251	of credited service; or
252	252	(7) any age and twenty-five or more years of
253	253	credited service; [and ]
254	254	B. for [a] an adult correctional officer member, an
255	255	adult probation and parole officer member, a juvenile probation
256	256	and parolee officer member or a state fire member who was not a
257	257	retired member or a member on June 30, 2013, the age and
258	258	service requirements for normal retirement are:
259	259	(1) age sixty years or older and five or more
260	260	years of service credit; or
261	261	(2) any age and twenty-five or more years of
262	262	service credit; and
263	263	C. for a state police member who is not
264	264	specifically covered by another coverage plan, the age and
265	265	service requirements for normal retirement are:
266	266	(1) age sixty years or older and five or more
267	267	years of service credit; or
268	268	(2) any age and twenty-five or more years of
269	269	service credit."
270	270	SECTION 3. APPLICABILITY.--For a state police member who
271	271	became a member on or after July 1, 2013, any credited service
272	272	performed or amount of pension earned prior to the effective
273	273	date of this act shall not be adjusted to conform to the
274	274	.230810.2
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302	302	provisions of Section 1 of this act.
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304	304	.230810.2