Chapter 10, Chapter 10

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.

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…

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…

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…

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…

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…

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…

declining increase. A. As used in this section: (1) "cost-of-living adjustment hurdle rate" means the investment rate of return required to fund a cost-of-living adjustment in excess of one-half percent, as determined by the association's actuaries; (2) "funded ratio" means the r…

A. If payment of a pension or other retirement benefit causes a decrease in the amount of monetary payments or other needs-based benefits due to a payee from any other governmental agency, the pension or other retirement benefit shall be reduced for the period during which the pe…

A. A normal or disability pension shall commence the first day of the month following retirement. A preretirement survivor pension shall commence the first day of the month following the date of the death resulting in the pension. A postretirement survivor pension shall commence …

disability retirement. A. The membership status of a disability retired member following termination of the disability retirement pension shall be governed by the membership provisions of the Public Employees Retirement Act. Upon reacquisition of membership, the credited service …

A. A benefit claimant shall be notified in writing of a denial of a claim for benefits within thirty days of the denial. The notification shall give the reason for the denial. A claimant may appeal the denial and request a hearing. The appeal shall be in writing filed with the as…

insurance. A. Any member or survivor pension beneficiary may continue to be insured under the provisions of any affiliated public employer's group health insurance plan in effect at the time of retirement or death or under the terms of any separate subsequent group health insuran…

A. A public employer who is an affiliated public employer on the effective date of the Public Employees Retirement Act shall continue to be an affiliated public employer. B. A public employer who is not an affiliated public employer on the effective date of the Public Employees R…

A. The accounting funds of the association are the "member contribution fund", "employers accumulation fund", "retirement reserve fund" and "income fund". The maintenance of separate accounting funds shall not require the actual segregation of the assets of the association among …

A. The member contribution fund is the accounting fund in which shall be accumulated contributions of members and from which shall be made refunds and transfers of accumulated member contributions as provided in the Public Employees Retirement Act. Each affiliated public employer…

Upon implementation, each affiliated public employer shall, solely for the purpose of compliance with Section 414(h) of the Internal Revenue Code, pick up, for the purposes specified in that section, member contributions required by the Public Employees Retirement Act for all sal…

transfers to retirement reserve fund. A. The employers accumulation fund is the fund in which shall be accumulated contributions by affiliated public employers. Except as provided in Section 5 [10-11-5 NMSA 1978] of the Public Employees Retirement Act, an affiliated public employ…

The retirement reserve fund is the fund from which shall be paid all pensions to retired members and survivor pension beneficiaries and all residual refunds to refund beneficiaries of retired members and survivor pension beneficiaries. History: Laws 1987, ch. 253, § 127.

The income fund is the fund to which shall be credited all interest, dividends, rents and other income from investments of the association, all gifts and bequests, all unclaimed member contributions and all other money the disposition of which is not specifically provided for in …

The association shall at least annually distribute all or a portion of the balance in the income fund to the member contribution fund, the retirement reserve fund and the employer accumulation fund. Distribution rates shall be determined by the retirement board and may vary by fu…

The "legislative retirement fund" is created in the state treasury. The fund shall consist of money distributed, transferred or otherwise accruing to the fund. Money in the fund may be appropriated by the legislature to finance state legislator member coverage plan 2 pursuant to …