Chapter 10 — Chapter 10
597 sections in this chapter.
NMSA 1978, § 10-11-26.1 State general member coverage plan 3; applicability
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State general member coverage plan 3 is applicable to peace officer members and is applicable to state general members in the first full pay period after July 1, 1995 if the retirement board certifies to the secretary of state that a majority of the members voting of those member…
NMSA 1978, § 10-11-26.2 State general member coverage plan 3; age and service
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credit requirements for normal retirement. A. Under state general member coverage plan 3: (1) for a member who on or before June 30, 2013 was a peace officer and for a member who is not a peace officer but was a retired member or a member on June 30, 2013, the age and service cre…
NMSA 1978, § 10-11-26.3 State general member coverage plan 3; amount of
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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 o…
NMSA 1978, § 10-11-26.4 Repealed
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History: Laws 1994, ch. 128, § 5; repealed by Laws 2009, ch. 288, § 20.
NMSA 1978, § 10-11-26.5 State general member coverage plan 3; member
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contribution rate. A member under state general member coverage plan 3 shall contribute seven and forty-two hundredths percent of salary starting with the first full pay period that ends within the calendar month in which state general member coverage plan 3 becomes applicable to…
NMSA 1978, § 10-11-26.6 State general member coverage plan 3; state
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contribution rate. The state shall contribute the following percentages of the salary of each member covered by state general member coverage plan 3 starting with the first pay period that ends within the calendar month in which state general member coverage plan 3 becomes applic…
NMSA 1978, § 10-11-26.7 Service credit under this plan required
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Notwithstanding the provisions of Section 3 [10-11-26.2 NMSA 1978] of this act, to qualify for payment under state general member coverage plan 3, a member shall have one and one-half years of service credit earned under the general member coverage plan 3 subsequent to July 1, 19…
NMSA 1978, § 10-11-27 State public safety member coverage plan 1; applicability;
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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; (3) adult probation and parole officer members; (4) juvenile probation and…
NMSA 1978, § 10-11-27.1 State public safety member coverage plan 1; service
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credit required. Notwithstanding the provisions of Section 10-11-27 NMSA 1978, to qualify for payment under state public safety member coverage plan 1, an adult correctional officer member shall have eighteen months of service credit earned under state public safety member covera…
NMSA 1978, § 10-11-27.2 Legislative findings
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The legislature finds that: A. it is appropriate to recognize the professionalism and dedication of state police officers, who provide an essential service to the citizens of New Mexico; B. it is appropriate to recognize the hazardous nature of the work performed by state police …
NMSA 1978, § 10-11-28 State public safety member coverage plan 1; age and
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service requirements for normal retirement. Under state public safety member coverage plan 1: 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 year…
NMSA 1978, § 10-11-29 State public safety member coverage plan 1; amount of
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pension; form of payment A. Under state public safety member coverage plan 1, the amount of pension under form of payment A is equal to three percent of final average salary multiplied by credited service. The amount shall not exceed one hundred percent of the final average salar…
NMSA 1978, § 10-11-29.1 Repealed
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ANNOTATIONS Repeals. — Laws 1987, ch. 253, § 140, repealed 10-11-29.1 NMSA 1978, as enacted by 1981, ch. 139, § 1, relating to cost of living increase authorization and procedure for adjustment, effective July 1, 1987.
NMSA 1978, § 10-11-3 Membership; requirements; exclusions; termination
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A. Except as may be provided for in the Volunteer Firefighters Retirement Act [Chapter 10, Article 11A NMSA 1978], the Judicial Retirement Act [Chapter 10, Article 12B NMSA 1978], the Magistrate Retirement Act [Chapter 10, Article 12C NMSA 1978], the Educational Retirement Act [C…
NMSA 1978, § 10-11-30 Repealed
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History: Laws 1987, ch. 253, § 30; 2003, ch. 268, § 13; repealed by Laws 2009, ch. 288, § 20.
NMSA 1978, § 10-11-31 State public safety member coverage plan 1; member
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contribution rate. A member under state public safety member coverage plan 1 shall contribute seven and six-tenths percent of salary, except that a member whose annual salary is greater than twenty-five thousand dollars ($25,000) shall contribute nine and one-tenth percent of sal…
NMSA 1978, § 10-11-32 State public safety member coverage plan 1; state
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contribution rate. The state shall contribute twenty-five and one-half percent of the salary of each member under state public safety member coverage plan 1. History: Laws 1987, ch. 253, § 32; 2003, ch. 268, § 15; 2009, ch. 127, § 4; 2011, ch. 178, § 4; 2013, ch. 225, § 19; 2020,…
NMSA 1978, § 10-11-33 Juvenile correctional officer member coverage plan 1;
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applicability. Juvenile correctional officer member coverage plan 1 is applicable to juvenile correctional officer members who are not specifically covered by another coverage plan. History: Laws 1987, ch. 253, § 33; 2013, ch. 225, § 20.
NMSA 1978, § 10-11-34 Juvenile correctional officer member coverage plan 1; age
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and service requirements for normal retirement. Under juvenile correctional officer member coverage plan 1, the age and service requirements for normal retirement are: A. age sixty-five years or older and five or more years of credited service; B. age sixty-four years and eight o…
NMSA 1978, § 10-11-35 Juvenile correctional officer member coverage plan 1;
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amount of pension; form of payment A. Under juvenile correctional officer member coverage plan 1, the amount of pension under form of payment A is equal to two and one-half percent of final average salary multiplied by credited service. The amount shall not exceed one hundred per…
NMSA 1978, § 10-11-36 Repealed
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History: Laws 1987, ch. 253, § 36; repealed by Laws 2013, ch. 225, § 91.
NMSA 1978, § 10-11-37 Juvenile correctional officer member coverage plan 1;
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member contribution rate. A member under juvenile correctional officer member coverage plan 1 shall contribute four percent of salary. History: Laws 1987, ch. 253, § 37; 2013, ch. 225, § 23.
NMSA 1978, § 10-11-38 Juvenile correctional officer member coverage plan 1;
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state contribution rate. The state shall contribute twenty-one and five-tenths percent of the salary of each member under juvenile correctional officer member coverage plan 1. History: Laws 1987, ch. 253, § 38; 2013, ch. 225, § 24.
NMSA 1978, § 10-11-38.1 Juvenile correctional officer member coverage plan 2;
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applicability. Juvenile correctional officer member coverage plan 2 is applicable to juvenile correctional officer members in the first full pay period after July 1, 1995 if the retirement board certifies to the secretary of state that a majority of the members voting of those me…
NMSA 1978, § 10-11-38.2 Juvenile correctional officer member coverage plan 2;
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age and service credit requirements for normal retirement. Under juvenile correctional officer member coverage plan 2: A. for a member who was a retired member or a member on June 30, 2013, the age and service credit requirements for normal retirement are: (1) age sixty-five year…
NMSA 1978, § 10-11-38.3 Juvenile correctional officer member coverage plan 2;
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amount of pension; form of payment A. Under juvenile correctional officer member coverage plan 2, 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 f…
NMSA 1978, § 10-11-38.4 Repealed
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History: Laws 1994, ch. 128, § 12; repealed by Laws 2009, ch. 288, § 20.
NMSA 1978, § 10-11-38.5 Juvenile correctional officer member coverage plan 2;
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member contribution rate. A member under juvenile correctional officer member coverage plan 2 shall contribute four and seventy-eight hundredths percent of salary starting with the first full pay period that ends within the calendar month in which juvenile correctional officer me…
NMSA 1978, § 10-11-38.6 Juvenile correctional officer member coverage plan 2;
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state contribution rate. The state shall contribute the following percentages of the salary of each member covered by juvenile correctional officer member coverage plan 2 starting with the first pay period that ends within the calendar month in which juvenile correctional officer…
NMSA 1978, § 10-11-38.7 Service credit under this plan required
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Notwithstanding the provisions of Section 10-11-38.2 NMSA 1978, to qualify for payment under juvenile correctional officer member coverage plan 2, a member shall have one and one-half years of service credit earned under the juvenile correctional officer member coverage plan 2 su…
NMSA 1978, § 10-11-39 State legislator member coverage plan 1; applicability
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State legislator member coverage plan 1 is applicable to state legislators and lieutenant governors who served terms of office that ended on or before December 31, 2002. History: Laws 1987, ch. 253, § 39; 2003, ch. 85, § 4.
NMSA 1978, § 10-11-4 Service credit; requirements for; forfeiture; reinstatement
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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 …
NMSA 1978, § 10-11-4.1 Repealed
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ANNOTATIONS Repeals. — Laws 1987, ch. 253, § 140, repealed 10-11-4.1 NMSA 1978, as amended by Laws 1977, ch. 247, § 48, relating to authorization to build and rent building, effective July 1, 1987.
NMSA 1978, § 10-11-4.2 Correction of errors and omissions; estoppel
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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…
NMSA 1978, § 10-11-40 State legislator member coverage plan 1; age and service
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requirements for normal retirement. Under state legislator member coverage plan 1, the age and service requirements for normal retirement are: A. age sixty-five years or older and five or more years of credited service; B. age sixty-four years or older and eight or more years of …
NMSA 1978, § 10-11-41 State legislator member coverage plan 1; amount of
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pension; form of payment A. A. Prior to January 1, 2004, under state legislator member coverage plan 1, the annual amount of pension under form of payment A is equal to two hundred fifty dollars ($250) multiplied by credited service as a legislator or lieutenant governor, if the …
NMSA 1978, § 10-11-42 State legislator member coverage plan 1; member
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contribution rate. A. Prior to January 1, 2004, a member under state legislator member coverage plan 1 shall contribute one hundred dollars ($100) for each year of credited service earned after December 31, 1959. B. To be eligible for the pension amount in Paragraph (2) of Subsec…
NMSA 1978, § 10-11-43 State legislator member coverage plan 1; state
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contribution rate. The state shall contribute amounts sufficient to finance the membership of members under state legislator member coverage plan 1 on an actuarial reserve basis. History: Laws 1987, ch. 253, § 43.
NMSA 1978, § 10-11-43.1 State legislator member coverage plan 2; applicability
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State legislator member coverage plan 2 is applicable to state legislators who receive no salary for their legislative service and lieutenant governors who serve terms of office that end after December 31, 2002. To be covered under state legislator member coverage plan 2, a state…
NMSA 1978, § 10-11-43.2 State legislator member coverage plan 2; age and
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service requirements for normal retirement. Under state legislator member coverage plan 2, the age and service requirements for normal retirement are: A. age sixty-five years or older and five or more years of credited service; or B. any age and ten or more years of credited serv…
NMSA 1978, § 10-11-43.3 State legislator member coverage plan 2; amount of
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pension; form of payment A. Under state legislator member coverage plan 2, the annual amount of pension under form of payment A is equal in any calendar year to fourteen percent of the per diem rate in effect, pursuant to Section 2-1-8 NMSA 1978, on the first day of the fiscal ye…
NMSA 1978, § 10-11-43.4 State legislator member coverage plan 2; member
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contribution rate. A member under state legislator member coverage plan 2 shall contribute an amount equal to one thousand dollars ($1,000) for each year of credited service less the amount of any prior contributions made by the member for that credited service. History: Laws 200…
NMSA 1978, § 10-11-43.5 State legislator member coverage plan 2; state
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contribution rate. The state shall contribute amounts sufficient to finance the membership of members under state legislator member coverage plan 2 on an actuarial reserve basis. History: Laws 2003, ch. 85, § 11.
NMSA 1978, § 10-11-43.6 State legislator member coverage plan 2; contributions
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for service prior to 2003. To be eligible for state legislator member coverage plan 2, a state legislator or lieutenant governor shall make the necessary contributions by December 31, 2004 for years of credited service earned prior to January 1, 2003, in an amount that totals fiv…
NMSA 1978, § 10-11-44 Municipal general member coverage plan 1; applicability
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Municipal general member coverage plan 1 is applicable to municipal general members who are not specifically covered by another coverage plan. History: Laws 1987, ch. 253, § 44.
NMSA 1978, § 10-11-45 Municipal general member coverage plan 1; age and
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service requirements for normal retirement. Under municipal general member coverage plan 1: 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 …
NMSA 1978, § 10-11-46 Municipal general member coverage plan 1; amount of
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pension; form of payment A. Under municipal general member coverage plan 1, the amount of pension under form of payment A is equal to two percent of the final average salary multiplied by credited service. The amount shall not exceed one hundred percent of the final average salar…
NMSA 1978, § 10-11-47 Repealed
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History: Laws 1987, ch. 253, § 47; repealed by Laws 2009, ch. 288, § 20.
NMSA 1978, § 10-11-48 Municipal general member coverage plan 1; member
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contribution rate. A member under municipal general member coverage plan 1 shall contribute seven percent of salary starting with the first full pay period in the calendar month in which municipal general member coverage plan 1 becomes applicable to the member, except that a memb…
NMSA 1978, § 10-11-49 Municipal general member coverage plan 1; affiliated
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public employer contribution rate. An affiliated public employer shall contribute the following percentages of the salary of each member it employs and who is covered under municipal general member coverage plan 1: A. prior to July 1, 2022, seven and sixty-five hundredths percent…