Chapter 10 — Chapter 10

pension; form of payment A. Under municipal police member coverage plan 5: A. for a member with age and service requirements provided under Subsection A of Section 10-11-81 NMSA 1978, the amount of pension under form of payment A is equal to three and one-half percent of the fina…

History: Laws 1987, ch. 253, § 83; repealed by Laws 2009, ch. 288, § 20.

contribution rate. A member under municipal police member coverage plan 5 shall contribute sixteen and three-tenths percent of salary starting with the first full pay period in the calendar month in which municipal police member coverage plan 5 becomes applicable to the member, e…

public employer contribution rate. The affiliated public employer shall contribute the following percentages of the salary of each member it employs and who is covered under municipal police member coverage plan 5: A. prior to July 1, 2022, nineteen and fifteen-hundredths percent…

Municipal fire member coverage plan 1 is applicable to municipal fire members whose affiliated public employer has adopted municipal fire member coverage plan 1 for its municipal firefighters. The affiliated public employer shall certify this adoption to the retirement board in t…

requirements for normal retirement. Under municipal fire 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 of credited…

pension; form of payment A. Under municipal fire 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 salary. …

History: Laws 1987, ch. 253, § 89; repealed by Laws 2009, ch. 288, § 20.

ANNOTATIONS Repeals. — Laws 1993, ch. 160, § 9 repealed 10-11-9 NMSA 1978, as enacted by Laws 1987, ch. 253, § 9, concerning vested termination of membership, effective June 18, 1993. For provisions of former section, see the 1992 NMSA 1978 on NMOneSource.com. 10-11-9.1, 10-11-9.…

contribution rate. A member under municipal fire member coverage plan 1 shall contribute eight percent of salary with the first full pay period in the calendar month in which municipal fire member coverage plan 1 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 1: A. prior to July 1, 2022, eleven and sixty-five hundredths percent of salary; B. b…

Municipal fire member coverage plan 2 is applicable to municipal fire members whose affiliated public employer has adopted municipal fire member coverage plan 2 for its municipal fire members. The affiliated public employer shall certify this adoption to the retirement board in t…

requirements for normal retirement. Under municipal fire member coverage plan 2: 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 2: A. for a member with age and service requirements provided under Subsection A of Section 10-11-93 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, § 95; repealed by Laws 2009, ch. 288, § 20.

contribution rate. A member under municipal fire member coverage plan 2 shall contribute eight percent of salary with the first full pay period in the calendar month in which municipal fire member coverage plan 2 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 2: A. prior to July 1, 2022, eighteen and fifteen-hundredths percent of salary; B. be…

Municipal fire member coverage plan 3 is applicable to municipal fire members whose affiliated public employer has adopted municipal fire member coverage plan 3 for its municipal firefighters. The affiliated public employer shall certify this adoption to the retirement board in t…

requirements for normal retirement. Under municipal fire member coverage plan 3: 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…

Chapter 10, Article 11A NMSA 1978 may be cited as the "Volunteer Firefighters Retirement Act". History: Laws 1983, ch. 263, § 1; 2003, ch. 370, § 1.

As used in the Volunteer Firefighters Retirement Act: A. "association" means the public employees retirement association; B. "board" means the retirement board of the association; C. "fire department" means a fire department with volunteer members that is certified by the state f…

of funds from the fire protection fund. A. There is created the "volunteer firefighters retirement fund" in the state treasury. All annuities and benefits in lieu of annuities shall be paid from the fund as provided in the Volunteer Firefighters Retirement Act. B. Beginning in fi…

Act, program and funds by the board; annual actuarial evaluation. A. The provisions of the Volunteer Firefighters Retirement Act and the volunteer firefighters retirement program authorized under that act shall be administered by the board. The provisions of law relating to the a…

A. Any member who attains the age of fifty-five years and has twenty-five years or more of service credit shall be eligible to receive a retirement annuity of two hundred fifty dollars ($250), payable monthly from the fund during the remainder of the member's life. B. Any member …

A. A member may claim one year of service credit for each year in which a fire department certifies that the member: (1) attended fifty percent of all scheduled fire drills for which the fire department held the member responsible to attend; (2) attended fifty percent of all sche…

A member may designate a spouse or dependent child as a beneficiary. In the event a retirement annuitant dies, the surviving beneficiary shall receive an annuity equal to two-thirds of the retirement annuity being paid to the retirement annuitant at the time of death; provided th…

A. The change in law made by Laws 2003, Chapter 370, Section 2 eliminating a maximum age for a volunteer nonsalaried firefighter to establish a first year of service credit under the Volunteer Firefighters Retirement Act shall apply to a volunteer nonsalaried firefighter who was …

Sections 1 through 5 of this act may be cited as the "Firefighters' Survivors Supplemental Benefits Act". History: Laws 2007, ch. 149, § 1.

The legislature finds that firefighters throughout the state risk their lives daily to protect the residents of New Mexico. The legislature further finds that when firefighters are killed in the line of duty, their immediate families can suffer grievously, both emotionally and ec…

As used in the Firefighters' Survivors Supplemental Benefits Act: A. "firefighter" means any full- or part-time member or a volunteer member of a fire department that is part of or administered by the state or any political subdivision of the state and any red-carded firefighter …

The "firefighters' survivors fund" is created in the state treasury and shall be administered by the state fire marshal. The fund shall consist of all gifts, donations and bequests of money to the fund as well as any appropriations and distributions made to the fund. Earnings fro…

committee; determination; payment. A. There is created the "firefighters' survivors supplemental death benefits review committee". The committee shall consist of the attorney general or the attorney general's designee and the fire services council. B. The firefighters' survivors …

ANNOTATIONS Repeals. — Laws 1980, ch. 136, § 15, repealed 10-12-14 NMSA 1978, relating to reinstatement of persons under the judicial retirement program under certain conditions, effective July 1, 1980. 10-12-15 to 10-12-18. Repealed.

Chapter 10, Article 12B NMSA 1978 may be cited as the "Judicial Retirement Act". History: Laws 1992, ch. 111, § 1; 2011, ch. 178, § 7.

A. On and after July 1, 2014, members, while in office, shall contribute ten and one- half percent of salary to the member contribution fund. B. Upon implementation, the state, acting as employer of members covered pursuant to the provisions of the Judicial Retirement Act, shall,…

A. The member's court shall contribute fifteen percent of salary to the fund for each member in office. B. Thirty-eight dollars ($38.00) from each civil case docket fee paid in the district court, twenty-five dollars ($25.00) from each civil docket fee paid in metropolitan court …

A. Any member who initially became a member prior to July 1, 2005 and has not less than eighteen years of service credit may elect to retire at any time between age fifty and age sixty and receive a monthly pension that is one-twelfth of the following formula: Salary received dur…

A. A judge or justice with the applicable minimum number of years of service credit accrued pursuant to the provisions of the Judicial Retirement Act who becomes unable to carry out the duties of that office due to physical or mental disability shall, upon determination of the di…

For a member whose initial term of office began prior to July 1, 2014: A. unless that member has designated a survivor beneficiary in accordance with Subsection B of this section, a survivor pension shall be paid for life to a member's or retired member's surviving spouse; B. the…

For a member whose initial term in office begins on or after July 1, 2014, except as otherwise provided in Section 10-12B-7 NMSA 1978: A. the member may elect to have pension payments made under any one of the forms of payment provided in Section 10-12B-14.2 NMSA 1978. The electi…

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 in Subsection E of this section. The amount of pension is determined in accordance wi…

For a member whose initial term in office begins on or after July 1, 2014: A. a survivor pension may be paid to certain persons related to or designated by a member who dies before normal or disability retirement if a written application for the pension, in the form prescribed by…

A qualified pension recipient is eligible for a cost-of-living adjustment payable pursuant to the provisions of the Judicial Retirement Act as follows: A. beginning July 1, 2014 and continuing through June 30, 2016, there shall not be a cost-of-living adjustment applied to a pens…

wait period; declining increase. A. Pursuant to the Judicial Retirement Act, a qualified pension recipient is a: (1) normal retired member who retires: (a) on or before June 30, 2014 and has been retired for at least two full calendar years from the effective date of the latest r…

If the provisions of the Retiree Health Care Act [Chapter 10, Article 7C NMSA 1978] do not apply to a retired member, that retired member may continue to be insured under the provisions of any state group insurance plan in effect at the time of retirement or under the terms of an…

A. If a member retires and is subsequently employed by any employer covered by any state system or the educational retirement system, the retired member's pension shall be suspended effective the first day of the month following the month in which the subsequent employment begins…

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. If an error or omission results in 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 th…

As used in the Judicial Retirement Act: A. "association" means the public employees retirement association provided for in the Public Employees Retirement Act [Chapter 10, Article 11 NMSA 1978]; B. "board" means the retirement board provided for in the Public Employees Retirement…

fund; accounting funds. A. There is established in the state treasury the "judicial retirement fund". The fund is comprised of money received from docket and jury fees of metropolitan courts, district courts, the court of appeals and the supreme court, employer and employee contr…