Chapter 10 — Chapter 10

Whenever an employee is terminated by an employer in a reduction in force by the employer, the terminated employee shall be rehired by that employer if the same or a comparable position becomes available in an increase of force within six months after the termination. History: 19…

The purpose of the Personnel Act is to establish for New Mexico a system of personnel administration based solely on qualification and ability, which will provide greater economy and efficiency in the management of state affairs. The Personnel Act is enacted under and pursuant to…

The board has the power to administer oaths, subpoena witnesses and compel the production of books and papers pertinent to any investigation or hearing authorized by the Personnel Act. Refusal to testify before the board on matters pertaining to personnel is grounds for dismissal…

A. No employer shall dismiss an employee for failure or refusal to pay or promise to pay any assessment, subscription or contribution to any political organization or candidate; however, nothing contained in this section shall prevent voluntary contributions to political organiza…

It is unlawful to: A. make any false statement, certificate, mark or rating with regard to any test, certification or appointment made under the Personnel Act; B. directly or indirectly give, pay, offer, solicit or accept any money or other valuable consideration or secure or fur…

Any person wilfully violating any provision of the Personnel Act or the rules of the board is guilty of a misdemeanor. In addition to the criminal penalties, a person found guilty of a misdemeanor under the Personnel Act is ineligible for appointment to or employment in a positio…

Existing personnel rules, policies and pay plans for employees of the state shall govern until new rules, policies and pay plans are established under the Personnel Act. History: 1953 Comp., § 5-4-45, enacted by Laws 1961, ch. 240, § 18.

When the provisions of any laws of the United States, or any rule, order, or regulation of any federal agency or authority providing federal funds for use in New Mexico, either directly or indirectly or as a grant-in-aid, to be matched or otherwise, impose as a condition for the …

As used in the Personnel Act: A. "director" means the personnel director; B. "board" means the personnel board; C. "service" means the state personnel service created by the Personnel Act, and includes all positions covered by the Personnel Act; D. "position" means any state offi…

The Personnel Act and the service cover all state positions except: A. officials elected by popular vote or appointed to fill vacancies to elective offices; B. members of boards and commissions and heads of agencies appointed by the governor; C. heads of agencies appointed by boa…

employees; exemption from coverage. A. Notwithstanding the provisions of Section 10-9-4 NMSA 1978, all employees of the rocky mountain information network who commence employment on or after the effective date of this act are exempt from coverage under the Personnel Act. B. Notwi…

annual exempt salaries plan. A. The department of finance and administration shall prepare, by December 1 of each year, an exempt salaries plan for the governor's approval. The plan shall specify salary ranges for the following public officer and public employee positions of the …

provisions of the Personnel Act. Certified school instructors who were employed as certified school instructors by state institutions or state agencies under the provisions of the Personnel Act prior to July 1, 1974, may elect to continue to be employed under the Personnel Act. C…

The state personnel office shall not spend any of its appropriation for the promulgating or filing of rules, policies or plans which have significant financial impact or which would require significant future appropriations to maintain without prior, specific legislative approval…

The personnel board is created, and shall be composed of five members appointed by the governor and confirmed by the senate, who shall serve staggered terms of five years each with one board member's term expiring each year. No person shall be a member of the board or eligible fo…

Each board member shall be paid per diem and mileage according to the Per Diem and Mileage Act [Chapter 10, Article 8 NMSA 1978] when traveling on board business. The board shall meet at the call of the chairman but in the absence of such call, at least once every two months. His…

There is established under the personnel board the office of inter-university and college training, to administer a program for securing, placing and training qualified university and college students who are New Mexico residents in positions within the state government. History:…

The purposes of this act [10-10-1 to 10-10-5 NMSA 1978] are: A. to secure and to channel selected college students into positions within the state government; B. to aid in the process of coordinating the various institutions of higher learning of the state with the state governme…

The inter-university training program shall be headed by the personnel director. History: 1953 Comp., § 5-8-3, enacted by Laws 1959, ch. 73, § 3; 1963, ch. 124, § 1; 1967, ch. 54, § 2; 1975, ch. 85, § 2.

The duties of the personnel director are: A. with the approval of the personnel board, to establish regulations regarding qualifications, procedures for applying for internships, and related matters; B. to select and place especially talented university or college students, or gr…

A. Every employing office or agency of the state hiring a student or graduate under the inter-university and college program shall be free to employ intern personnel under conditions and salary provisions determined by the employing office or agency. The employing office or agenc…

Chapter 10, Article 11 NMSA 1978 may be cited as the "Public Employees Retirement Act". History: Laws 1987, ch. 253, § 1.

ANNOTATIONS Repeals. — Laws 1993, ch. 160, § 9 repealed 10-11-10 NMSA 1978, as enacted by Laws 1987, ch. 253, § 10, concerning disability retirement, effective June 18, 1993. For provisions of former section, see the 1992 NMSA 1978 on NMOneSource.com. For present comparable provi…

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 appointed by the retirement board. The board shall give…

pension; form of payment A. Under municipal fire member coverage plan 3: A. for a member with age and service requirements provided under Subsection A of Section 10-11-99 NMSA 1978, the amount of pension under form of payment A is equal to two and one-half percent of the final av…

History: Laws 1987, ch. 253, § 101; repealed by Laws 2009, ch. 288, § 20.

contribution rate. A member under municipal fire member coverage plan 3 shall contribute eight percent of salary with the first full pay period in the calendar month in which municipal fire member coverage plan 3 becomes applicable to the member, except that a member whose annual…

employer contribution rate. The affiliated public employer shall contribute the following percentages of the salary of each member it employs and covers under municipal fire member coverage plan 3: A. prior to July 1, 2022, twenty-one and nine-tenths percent of salary; B. beginni…

Municipal fire member coverage plan 4 is applicable to municipal fire members of an affiliated public employer on the first day of the calendar month following certification of the election adopting municipal fire member coverage plan 4 by an affirmative vote of the majority of t…

requirements for normal retirement. Under municipal fire member coverage plan 4: A. for a 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…

pension; form of payment A. Under municipal fire member coverage plan 4: A. for a member with age and service requirements provided under Subsection A of Section 10-11-105 NMSA 1978, the amount of pension under form of payment A is equal to three percent of the final average sala…

History: Laws 1987, ch. 253, § 107; repealed by Laws 2009, ch. 288, § 20.

contribution rate. A member under municipal fire member coverage plan 4 shall contribute twelve and eight-tenths percent of salary with the first full pay period in the calendar month in which municipal fire member coverage plan 4 becomes applicable to the member, except that a m…

employer contribution rate. The affiliated public employer shall contribute the following percentages of the salary of each member it employs and covers under municipal fire member coverage plan 4: A. prior to July 1, 2022, twenty-one and nine-tenths percent of salary; B. beginni…

ANNOTATIONS Repeals. — Laws 1993, ch. 160. § 9 repealed 10-11-11 NMSA 1978, as enacted by Laws 1987, ch. 253, § 11, concerning reevaluation of disability retired members and termination of disability pension, effective June 18, 1993. For provisions of former section, see the 1992…

Municipal fire member coverage plan 5 is applicable to municipal fire members of an affiliated public employer on the first day of the calendar month following certification of the election adopting municipal fire member coverage plan 5 by an affirmative vote of the majority of t…

requirements for normal retirement. Under municipal fire member coverage plan 5: A. for a 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…

pension; form of payment A. Under municipal fire member coverage plan 5: A. for a member with age and service requirements provided under Subsection A of Section 10-11-111 NMSA 1978, the amount of pension under form of payment A is equal to three and one-half percent of the final…

History: Laws 1987, ch. 253, § 113; repealed by Laws 2009, ch. 288, § 20.

contribution rate. A member under municipal fire member coverage plan 5 shall contribute sixteen and two-tenths percent of salary with the first full pay period in the calendar month in which municipal fire member coverage plan 5 becomes applicable to the member, except that a me…

employer contribution rate. The affiliated public employer shall contribute the following percentages of the salary of each member it employs and covers under municipal fire member coverage plan 5: A. prior to July 1, 2022, twenty-one and nine-tenths percent of salary; B. beginni…

applicability. Municipal detention officer member coverage plan 1 is applicable to municipal detention officer members on the later of July 1, 2004 or the first day of the calendar month following certification of the election adopting municipal detention officer member coverage …

age and service requirements for normal retirement; calculation of credited service. A. Under municipal detention officer member coverage plan 1, for a member who was a retired member or a member on June 30, 2013, the age and service requirements for normal retirement are: (1) ag…

amount of pension; form of payment A. Under municipal detention officer member coverage plan 1, the amount of pension under form of payment A is equal to three percent of the final average salary multiplied by credited service. The amount shall not exceed one hundred percent of t…

History: Laws 2003, ch. 268, § 5; repealed by Laws 2009, ch. 288, § 20.

member contribution rate. A member under municipal detention officer member coverage plan 1 shall contribute sixteen and sixty-five hundredths percent of salary with the first full pay period in the calendar month in which municipal detention officer member coverage plan 1 become…

employer contribution rate. The affiliated public employer shall contribute the following percentages of the salary of each member under municipal detention officer member coverage plan 1 starting with the first pay period that ends within the calendar month in which municipal de…

service credit required for municipal detention officer members. Notwithstanding other provisions of the Public Employees Retirement Act, to qualify for retirement pursuant to municipal detention officer member coverage plan 1, a municipal detention officer member shall have eigh…

A. Except as otherwise provided in Section 10-11-136 NMSA 1978, a member may elect to have pension payments made under any one of the forms of payment provided in Section 10-11-117 NMSA 1978. The election of form of payment and naming of survivor beneficiary shall be made on a fo…

A. Straight life pension is form of payment A. The retired member is paid the pension for life under form of payment A. All payments stop upon the death of the retired member, except as provided by Subsection E of this section. The amount of pension is determined in accordance wi…