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SENATE BILL 438
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Michael Padilla
AN ACT
RELATING TO PUBLIC EMPLOYEE PENSIONS; PROVIDING AN EQUAL
CALCULATION OF THE CREDITED SERVICE ACCRUED FOR ALL STATE
POLICE MEMBERS COVERED UNDER STATE PUBLIC SAFETY MEMBER
COVERAGE PLAN 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 10-11-27 NMSA 1978 (being Laws 1987,
Chapter 253, Section 27, as amended) is amended to read:
"10-11-27. STATE PUBLIC SAFETY MEMBER COVERAGE PLAN 1--
APPLICABILITY--CREDITED SERVICE.--
A. State public safety member coverage plan 1 is
applicable to:
(1) state police members who are not
specifically covered by another coverage plan;
(2) adult correctional officer members;
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(3) adult probation and parole officer
members;
(4) juvenile probation and parole officer
members; and
(5) state fire members.
B. The credited service of a state police member
[who was a retired member or a member on or before June 30,
2013 or] shall have actual credited service increased by twenty
percent for the purposes of state public safety member coverage
plan 1.
C. The credited service of an adult correctional
officer member shall have actual credited service increased by
twenty percent for the purposes of state public safety member
coverage plan 1.
[C.] D. The credited service, accrued after July 1,
2021, of an adult probation and parole officer or a juvenile
probation and parole officer shall be increased by twenty
percent for the purposes of state public safety member coverage
plan 1.
[D.] E. The credited service, accrued after July 1,
2024, of a state fire member shall be increased by twenty
percent for the purposes of state public safety member coverage
plan 1.
[E.] F. The increase of twenty percent to accrued
credited service provided by Subsections C through E of this
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section shall only apply to a state public safety member who
was a retired member or a member on or before June 30, 2013.
[F.] G. Except as provided in Subsections B through
[E] F of this section, the credited service of a member covered
under state public safety member coverage plan 1 shall be
credited as provided in Section 10-11-4 NMSA 1978.
[G.] H. State public safety member coverage plan 1
is applicable to adult probation and parole officer members and
juvenile probation and parole officer members in the first full
pay period after July 1, 2021 if the retirement board certifies
to the secretary of state that, of those adult probation and
parole officer members and juvenile probation and parole
officer members to be covered under state public safety member
coverage plan 1, a majority of the respective members voting
have voted to approve adoption of that plan at an election
conducted pursuant to Laws 2020, Chapter 11, Sections 63
through 66.
[H.] I. State public safety member coverage plan 1
is applicable in the first full pay period after July 1, 2024
for:
(1) state fire members who begin employment as
a state fire member on or after July 1, 2024; and
(2) state fire members who were employed in a
position and were subject to the definition of a "state fire
member" prior to July 1, 2024, if the retirement board
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certifies to the secretary of state that, of those state fire
members to be covered under state public safety member coverage
plan 1, a majority of the respective members voting have voted
to approve the adoption of that plan at an election conducted
pursuant to [Section 8 of this 2024 act ] Laws 2024, Chapter 52,
Section 8."
SECTION 2. Section 10-11-28 NMSA 1978 (being Laws 1987,
Chapter 253, Section 28, as amended) is amended to read:
"10-11-28. STATE PUBLIC SAFETY MEMBER COVERAGE PLAN 1--
AGE AND SERVICE REQUIREMENTS FOR NORMAL RETIREMENT.--Under
state public safety member coverage plan 1:
A. for [a] an adult correctional officer member, an
adult probation and parole officer member, a juvenile probation
and parolee officer member or a state fire member who was a
retired member or a member on June 30, 2013, the age and
service requirements for normal retirement are:
(1) age sixty-five years or older and five or
more years of credited service;
(2) age sixty-four years and eight or more
years of credited service;
(3) age sixty-three years and eleven or more
years of credited service;
(4) age sixty-two years and fourteen or more
years of credited service;
(5) age sixty-one years and seventeen or more
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years of credited service;
(6) age sixty years and twenty or more years
of credited service; or
(7) any age and twenty-five or more years of
credited service; [and ]
B. for [a] an adult correctional officer member, an
adult probation and parole officer member, a juvenile probation
and parolee officer member or a state fire member who was not a
retired member or a member on June 30, 2013, the age and
service requirements for normal retirement are:
(1) age sixty years or older and five or more
years of service credit; or
(2) any age and twenty-five or more years of
service credit; and
C. for a state police member who is not
specifically covered by another coverage plan, the age and
service requirements for normal retirement are:
(1) age sixty years or older and five or more
years of service credit; or
(2) any age and twenty-five or more years of
service credit."
SECTION 3. APPLICABILITY.--For a state police member who
became a member on or after July 1, 2013, any credited service
performed or amount of pension earned prior to the effective
date of this act shall not be adjusted to conform to the
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provisions of Section 1 of this act.
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