2021 New Mexico Statutes
Chapter 10 - Public Officers and Employees

Section 10-1-3 - [Deputies and assistants convicted of crimes; penalty for appointment or retention.] - It shall be unlawful for any state, county, district, or...

Section 10-1-4 - [Women eligible for appointment.] - Women may hold any appointive office in the state of...

Section 10-1-5 - Repealed. - Repeals. — Laws 1979, ch. 54, § 1, repealed 10-1-5...

Section 10-1-6 - [Affidavits of residence; prima facie value as evidence.] - Any person whose duty it is to engage or hire...

Section 10-1-7 - [Provisions of employment contracts.] - Every written contract entered into by the state of New...

Section 10-1-8 - [Failure to employ residents; penalties.] - Any person, firm, corporation or association having charge of or...

Section 10-1-9 - [False affidavit to obtain employment; penalty.] - Any applicant for employment mentioned in Section 1 thereof, who...

Section 10-1-10 - [Nepotism prohibited; exceptions.] - It shall hereafter be unlawful for any person elected or...

Section 10-1-11 - [Payment of nepotic employees; liability of employer and bondsmen; employment void.] - No person so unlawfully employed shall be paid or receive...

Section 10-1-12 - [Employment of persons advocating sabotage, sedition or treason prohibited; discharge of such persons already employed.] - No person shall be knowingly employed by any state department,...

Section 10-1-13 - County officers; oath; bond. - A. As used in this section, "county officer" means county...

Article 2 - Bonds

Section 10-2-1 - [Sureties on bonds; qualifications.] - No bond of any public officer of this state executed...

Section 10-2-2 - [County or district officer not to be surety for another official.] - No county or district officer shall be in future surety...

Section 10-2-3 - [State and county officers prohibited from being sureties.] - It shall be unlawful for any state or county officer...

Section 10-2-4 - [Public officer becoming surety; misdemeanor in office.] - Any violation of the preceding section [10-2-3 NMSA 1978] shall...

Section 10-2-5 - [Recording of bonds required.] - The bonds given by all persons elected or appointed to...

Section 10-2-6 - [Record of official bonds of state and district officers.] - The bonds of all state and district officers shall be...

Section 10-2-7 - [Filing of bonds by officials of state and state agencies.] - The bonds of all state officials, and of the members...

Section 10-2-8 - County and precinct officers; recording and filing bonds. - The bonds of all county officers and constables shall be...

Section 10-2-9 - [Recording as prerequisite to discharging duties of office.] - Each and every person who may hereafter be elected or...

Section 10-2-10 - [Action on bond; use of certified copy.] - In all actions at law upon the bond of any...

Section 10-2-11 - [Recording fees; payment by officer.] - The county clerk of each of the several counties shall...

Section 10-2-12 - [Insufficient bond of county or precinct officer; new bond required; failure to provide; procedure; decree of vacancy by district court.] - It shall be the duty of the board of county...

Section 10-2-13 - Short title. - Sections 10-2-13 through 10-2-16 NMSA 1978 may be cited as...

Section 10-2-14 - Definitions. - As used in the Surety Bond Act [10-2-13 to 10-2-16...

Section 10-2-15 - Surety bond coverage. - A. The department shall provide surety bond coverage for all...

Section 10-2-16 - Surety bond fund. - A. There is created in the state treasury a "surety...

Section 10-2-17 - Repealed. - Repeals. — Laws 1978, ch. 132, § 6, repealed 5-2-17,...

Article 3 - Vacancies in Local Offices

Section 10-3-1 - Circumstances causing vacancy in local office. - Any office of a political subdivision of the state subject...

Section 10-3-2 - Recompiled. - Recompilations. — Laws 1993, ch. 226, § 53A recompiled 10-3-2...

Section 10-3-3 - Vacancy in county office; appointment. - Whenever any vacancy in any county office in any of...

Article 4 - Removal of Local Officers

Section 10-4-1 - Local officers subject to removal. - Any officer of a political subdivision of the state elected...

Section 10-4-2 - [Causes for removal of local officers.] - The following shall be causes for removal of any officer...

Section 10-4-3 - [Grand jury accusation.] - An accusation in writing against any officer belonging to the...

Section 10-4-4 - [Form of accusation.] - The accusation must state the offense charged in ordinary and...

Section 10-4-5 - [Presentment of grand jury accusation; service on defendant; return day.] - The accusation must be presented in open court, and the...

Section 10-4-6 - [Defendant's appearance or default.] - The defendant must appear at the time appointed in the...

Section 10-4-7 - [Defendant's answer; grounds.] - The defendant may answer the accusation either by objecting to...

Section 10-4-8 - [Objection for insufficiency; form immaterial.] - If he objects to the legal sufficiency of the accusation,...

Section 10-4-9 - [Criminal procedure made applicable.] - All matters of procedure not otherwise provided for in this...

Section 10-4-10 - [Guilty plea; judgment; denial or refusal to plead; trial.] - If the defendant pleads guilty, the court must render judgment...

Section 10-4-11 - [Precedence in trial.] - As soon as the case is at issue, it must...

Section 10-4-12 - [Jury trial required; procedure.] - The trial must be by jury and conducted in all...

Section 10-4-13 - [Verdict; form.] - The form of verdict of the jury in such cases...

Section 10-4-14 - [Judgment of removal; entry.] - Upon a conviction the court must pronounce judgment that the...

Section 10-4-15 - [Attendance of witnesses.] - The district attorney and the defendant are respectively entitled to...

Section 10-4-16 - [Appeal; suspension pending reversal; filling vacancy.] - From a judgment of removal, appeal may be taken to...

Section 10-4-17 - [Presentment of accusation by district attorney; vacation; no grand jury in county.] - The accusation provided for in this chapter may be presented...

Section 10-4-18 - [Duty of district attorney on receipt of evidence.] - Whenever sworn evidence is presented to the district attorney showing...

Section 10-4-19 - [Presentment by district attorney; supporting affidavits; procedure.] - When the accusation is presented by the district attorney as...

Section 10-4-20 - [Procedure for suspension from office.] - If the accusation provided in this chapter, to be presented...

Section 10-4-21 - [Order of suspension.] - On the date provided in the order, if the defendant...

Section 10-4-22 - [Effect of suspension order.] - The order of suspension shall operate to relieve the officer...

Section 10-4-23 - [Denial of motion to suspend; dismissal of proceedings.] - If the court concludes that there is not sufficient ground...

Section 10-4-24 - [Default of defendant; effect.] - If the defendant fails to appear and answer the order...

Section 10-4-25 - [Continuance; preliminary investigation required; suspension pending final adjudication.] - Nothing in this chapter shall operate to deprive any defendant...

Section 10-4-26 - [Reinstatement of suspended officer.] - If upon final trial the defendant is found not guilty,...

Section 10-4-27 - [Payment of salary after reinstatement; compensation of interim officer.] - If an officer has been suspended as provided in this...

Section 10-4-28 - [Officer appointed for suspension period; oath and bond; filling vacancy after final removal.] - When any officer is suspended as provided in this act...

Section 10-4-29 - [Exclusive method of removal.] - No officer belonging to the class mentioned in Section 10-4-1...

Article 5 - Suspension of Certain Officials

Section 10-5-1 - Definition. - "Official of any local public body" means every officer, deputy...

Section 10-5-2 - Power of secretary to suspend certain officials; grounds for suspension; secretary to take charge of office. - The secretary of finance and administration may summarily suspend any...

Section 10-5-3 - Hearing; testimony. - Within five days after such suspension or within such reasonable...

Section 10-5-4 - Oaths; subpoenas. - The secretary of finance and administration is authorized to administer...

Section 10-5-5 - Repealed. - Repeals. — Laws 1979, ch. 281, § 7, repealed 10-5-5...

Section 10-5-6 - Continuance of suspension after hearing; discontinuance of salary. - After such hearing, the secretary of finance and administration shall...

Section 10-5-7 - Petition for reinstatement; order to show cause; result. - A. If after hearing before the secretary of finance and...

Section 10-5-8 - Control of office; bond of agent in charge; discretionary reinstatement; institution of removal proceedings. - Whenever the secretary of finance and administration assumes control of...

Section 10-5-9 - Suspended official to deliver money and records to secretary; failure or refusal; criminal penalty. - A. Upon written order of suspension by the secretary of...

Article 6 - Abandonment of Public Office or Employment

Section 10-6-1 - [Effect of public officer or employee entering military service.] - Any incumbent of any public office or employment of the...

Section 10-6-2 - [Temporary appointments.] - The officer, agent, employee, board or other agency of the...

Section 10-6-3 - [Permanent abandonment of office, what constitutes.] - Any incumbent of any public office or employment of the...

Section 10-6-4 - [Filling vacancy when office permanently abandoned.] - The officer, agent, employee, board or other agency of the...

Section 10-6-5 - Definition of incompatible office; service and employment. - Any public office or service, other than service in the...

Section 10-6-6 - [Penalties.] - It shall be unlawful for any person who has temporarily...

Article 7 - Compensation and Working Conditions Generally

Section 10-7-1 - [Temporary transfers of employees from one office, department or institution to another.] - The governor is further authorized, subject to the approval of...

Section 10-7-2 - Salaries and wages; rules; direct deposit. - A. Persons employed by and on behalf of the state,...

Section 10-7-3 - [Inapplicability of act.] - Nothing in this act [10-7-2, 10-7-3 NMSA 1978] shall apply...

Section 10-7-4 - Group insurance; cafeteria plan; contributions from public funds. - A. All state departments and institutions and all political subdivisions...

Section 10-7-4.1 - Children, youth and families department; group life insurance. - Notwithstanding the provisions of Section 10-7-4 NMSA 1978 and in...

Section 10-7-4.2 - Group insurance; counties and municipalities; contributions; definition; exemption from state plan. - A. All municipalities, counties and political subdivisions with twenty-five employees...

Section 10-7-5 - [Premiums; deduction from salaries.] - That said departments and institutions and all political subdivisions of...

Section 10-7-5.1 - Local public bodies; group health and group life insurance. - A. Every local public body that is an affiliated public...

Section 10-7-6 - [Repeal and saving clause.] - All acts and parts of acts in conflict herewith, are...

Section 10-7-7 - [Old-age benefits under Social Security Act.] - That in the event the government of the United States...

Section 10-7-8 - Annuities and deferred compensation plans; reductions from gross salaries. - State agencies, state or educational institutions and political subdivisions of...

Section 10-7-9 - Minimum salary rate. - Every state employee and every person regularly employed at a...

Section 10-7-10 - Accumulated sick leave; payment of certain excess amounts. - An employee of the state who has accumulated six hundred...

Section 10-7-11 - Accumulated sick leave prior to retirement; payment of certain excess amounts. - Immediately prior to retirement from state service, an employee of...

Section 10-7-12 - Government cost savings incentive award. - A. As used in this section: (1) "actual cost savings"...

Section 10-7-13 - Leave; coordination with workmen's compensation benefits. - A. Payment of leave-time benefits in excess of an amount...

Section 10-7-14 - Short title. - Sections 1 through 6 [10-7-14 to 10-7-19 NMSA 1978] of...

Section 10-7-15 - Definitions. - As used in the Cafeteria Plan Act [10-7-14 to 10-7-19...

Section 10-7-16 - Cafeteria plan; optional. - Notwithstanding any other benefit plan or group insurance plan offered...

Section 10-7-17 - Salary reduction agreements. - A. Contributions to cover the cost of benefits provided under...

Section 10-7-18 - Status of salary reduction. - A. The amount by which an eligible public employee's salary...

Section 10-7-19 - Applicability to deferred compensation plans. - The provisions of the Cafeteria Plan Act [10-7-14 to 10-7-19...

Section 10-7-20 - Qualified transportation fringe benefit. - State agencies, state educational institutions and political subdivisions of the...

Section 10-7-21 - Undercover agents; life insurance benefits. - A. The state and any political subdivision of the state...

Section 10-7-22 - Leave donation policy. - A. State agencies, political subdivisions and school districts shall implement...

Article 7A - Deferred Compensation

Section 10-7A-1 - Short title. - Sections 1 through 10 [10-7A-1 to 10-7A-10 NMSA 1978] of...

Section 10-7A-2 - Definitions. - As used in the Deferred Compensation Act: A. "board" means...

Section 10-7A-3 - Deferred compensation plan; state and local public employees. - A. After the effective date of the Deferred Compensation Act,...

Section 10-7A-4 - Deferred compensation plan; other participants. - The deferred compensation plan may allow persons other than public...

Section 10-7A-5 - Deferred compensation plan; approval. - A. The board shall review proposals providing investment options to...

Section 10-7A-6 - Deferred compensation plans; investment options. - The board may select a deferred compensation plan that offers...

Section 10-7A-7 - Deferred compensation plan; state tax deferral. - Income deferred pursuant to the Deferred Compensation Act and any...

Section 10-7A-8 - Deferred compensation plan; local public employee participation. - A. Local public employees shall be eligible to participate in...

Section 10-7A-9 - Existing deferred compensation plans. - Any state or local public body deferred compensation plan in...

Section 10-7A-10 - Expenditure. - Any expenditure necessary to implement the Deferred Compensation Act shall...

Section 10-7A-11 - Rule making; agreements. - The board may adopt such rules and enter into such...

Section 10-7A-12 - Division of funds as community property; notice requirement. - A court of competent jurisdiction, solely for the purposes of...

Article 7B - Group Benefits

Section 10-7B-1 - Short title. - Chapter 10, Article 7B NMSA 1978 may be cited as...

Section 10-7B-2 - Definitions. - As used in the Group Benefits Act: A. "committee" means...

Section 10-7B-3 - Group benefits committee; created. - A. The "group benefits committee" is created. The committee shall...

Section 10-7B-4 - Group benefits committee; powers and duties. - The committee shall: A. review and advise the director on...

Section 10-7B-5 - Administrative costs. - The director, with the prior approval of the committee, may...

Section 10-7B-6 - State employees group benefits self-insurance plan; authorization; local public body participation. - A. The risk management division of the general services department...

Section 10-7B-6.1 - Small employer health care coverage. - A. The director may enter into an agreement with a...

Section 10-7B-7 - Group self-insurance fund created. - A. The "group self-insurance fund" is created. The fund and...

Section 10-7B-8 - Group self-insurance fund; investment. - A. In making investments of the fund, the director shall...

Article 7C - Retiree Health Care

Section 10-7C-1 - Short title. - Sections 1 through 16 [10-7C-1 to 10-7C-16 NMSA 1978] of...

Section 10-7C-2 - Purpose of act. - The purpose of the Retiree Health Care Act is to...

Section 10-7C-3 - Legislative findings and declaration of policy. - A. The legislature finds and declares that public employees face...

Section 10-7C-4 - Definitions. - As used in the Retiree Health Care Act: A. "active...

Section 10-7C-5 - Authority created. - There is created the "retiree health care authority", which is...

Section 10-7C-6 - Board created; membership; authority. - A. There is created the "board of the retiree health...

Section 10-7C-7 - Board; duties. - In order to achieve the purposes of the Retiree Health...

Section 10-7C-7.1 - Board may provide for an administration building; payment of obligations from contributions. - The board may take all actions reasonably necessary to provide...

Section 10-7C-7.2 - New Mexico finance authority revenue bonds; purpose; appropriation. - A. The New Mexico finance authority may issue and sell...

Section 10-7C-8 - Fund created; investment; premiums; appropriation. - A. There is created the "retiree health care fund". All...

Section 10-7C-9 - Participation. - A. All eligible employers shall participate in the Retiree Health...

Section 10-7C-10 - Expulsion from program for falsification. - A. After written notice to the participating employee, eligible retiree...

Section 10-7C-11 - Purchase of group insurance. - A. The board shall be designated as the group policyholder...

Section 10-7C-12 - Automatic coverage; effect of preexisting conditions. - A. An eligible retiree who applies for coverage during the...

Section 10-7C-13 - Payment of premiums on health care plans. - A. Except as otherwise provided in this section, each eligible...

Section 10-7C-14 - Exemption from legal process. - All insurance benefit payments, participating employee and participating employer contributions,...

Section 10-7C-15 - Retiree health care fund contributions. - A. Following completion of the preliminary contribution period, each participating...

Section 10-7C-16 - Retiree health care fund; budget. - Expenditures for the administration of the Retiree Health Care Act...

Section 10-7C-17 - Repealed. - History: Laws 2002, ch. 75, § 2; 2002, ch. 80,...

Section 10-7C-18 - Repealed. - History: Laws 2002, ch. 75, § 3; 2002, ch. 80,...

Section 10-7C-19 - Repealed. - History: Laws 2002, ch. 75, § 4; 2002, ch. 80,...

Article 7D - Public Employee Bargaining (Repealed.)

Section 10-7D-1 to 10-7D-26 - Repealed. - Repeals. — Laws 1992, ch. 9, § 30 repealed 10-7D-1...

Article 7E - Public Employee Bargaining

Section 10-7E-1 - Short title. - Chapter 10, Article 7E NMSA 1978 may be cited as...

Section 10-7E-2 - Purpose of act. - The purpose of the Public Employee Bargaining Act is to...

Section 10-7E-3 - Conflicts. - In the event of conflict with other laws, the provisions...

Section 10-7E-4 - Definitions. - As used in the Public Employee Bargaining Act: A. "appropriate...

Section 10-7E-5 - Rights of public employees. - A. Public employees, other than management employees and confidential employees,...

Section 10-7E-6 - Rights of public employers. - Unless limited by the provisions of a collective bargaining agreement...

Section 10-7E-7 - Appropriate governing body; public employer. - The appropriate governing body of a public employer is the...

Section 10-7E-8 - Public employee labor relations board; created; terms; qualifications. - A. The "public employee labor relations board" is created. The...

Section 10-7E-9 - Board; powers and duties. - A. The board or a local board shall promulgate rules...

Section 10-7E-10 - Local boards; conditions of continued existence; transfer of authority upon termination; prohibition of new local boards. - A. All local boards shall continue to exist except as...

Section 10-7E-11 - Repealed. - History: Laws 2003, ch. 4, § 11; 2003, ch. 5,...

Section 10-7E-12 - Hearing procedures. - A. The board or local board may hold hearings for...

Section 10-7E-13 - Appropriate bargaining units. - A. The board or local board shall, upon receipt of...

Section 10-7E-14 - Elections. - A. Whenever, in accordance with rules prescribed by the board...

Section 10-7E-15 - Exclusive representation. - A. A labor organization that has been certified by the...

Section 10-7E-16 - Decertification of exclusive representative. - A. A member of a labor organization or the labor...

Section 10-7E-17 - Scope of bargaining. - A. Except for retirement programs provided pursuant to the Public...

Section 10-7E-18 - Impasse resolution. - A. The following negotiations and impasse procedures shall be followed...

Section 10-7E-19 - Public employers; prohibited practices. - A public employer or the public employer's representative shall not:...

Section 10-7E-20 - Public employees; labor organizations; prohibited practices. - A public employee or labor organization or its representative shall...

Section 10-7E-21 - Strikes and lockouts prohibited. - A. A public employee or labor organization shall not engage...

Section 10-7E-22 - Agreements valid; enforcement. - Collective bargaining agreements and other agreements between public employers and...

Section 10-7E-23 - Judicial enforcement; standard of review. - A. The board or local board may request the district...

Section 10-7E-24 - Existing collective bargaining units. - A. Bargaining units established prior to July 1, 1999 shall...

Section 10-7E-24.1 - Certain new entities created by statute. - A new entity, created by or pursuant to statute, that...

Section 10-7E-25 - Existing collective bargaining agreements. - Nothing in the Public Employee Bargaining Act shall be construed...

Section 10-7E-26 - Repealed. - History: Laws 2003, ch. 4, § 26; 2003, ch. 5,...

Article 7F - Hazardous Duty Officers' Employer-Employee Relations

Section 10-7F-1 - Short title. - Chapter 10, Article 7F NMSA 1978 may be cited as...

Section 10-7F-2 - Definitions. - As used in the Hazardous Duty Officers' Employer-Employee Relations Act:...

Section 10-7F-3 - Investigations of hazardous duty officers; requirements; limitation. - A. When a hazardous duty officer is under investigation by...

Section 10-7F-4 - Polygraph examinations. - After reviewing all the information collected in the course of...

Section 10-7F-5 - Right to produce evidence. - When a hazardous duty officer is under investigation for an...

Section 10-7F-6 - Personnel files. - A. No document containing comments adverse to a hazardous duty...

Section 10-7F-7 - Constitutional rights; notification. - When a hazardous duty officer is under administrative investigation and...

Section 10-7F-8 - Forced disclosure of financial information. - A hazardous duty officer shall not be required by an...

Section 10-7F-9 - Political activity. - A hazardous duty officer shall not be prohibited by an...

Article 8 - Per Diem and Mileage

Section 10-8-1 - Short title. - Sections 10-8-1 through 10-8-8 NMSA 1978 may be cited as...

Section 10-8-2 - Purpose of act. - The purpose of the Per Diem and Mileage Act is...

Section 10-8-3 - Definitions. - As used in the Per Diem and Mileage Act: A....

Section 10-8-4 - Per diem and mileage rates; in lieu of payment. - A. Notwithstanding any other specific law to the contrary and...

Section 10-8-5 - Restrictions; rules. - A. The secretary may promulgate rules for state agencies and...

Section 10-8-6 - Application of act. - A. The Per Diem and Mileage Act shall not apply...

Section 10-8-7 - Penalty. - Any public officer or employee covered by the Per Diem...

Section 10-8-8 - Other reimbursements. - A. The secretary may authorize by regulation reimbursement for the...

Article 9 - Personnel

Section 10-9-1 - Short title. - Chapter 10, Article 9 NMSA 1978 may be cited as...

Section 10-9-2 - Purpose of act; enactment under constitution. - The purpose of the Personnel Act is to establish for...

Section 10-9-3 - Definitions. - As used in the Personnel Act: A. "director" means the...

Section 10-9-4 - Coverage of service. - The Personnel Act and the service cover all state positions...

Section 10-9-4.1 - Personnel Act; rocky mountain information network employees; exemption from coverage. - A. Notwithstanding the provisions of Section 10-9-4 NMSA 1978, all...

Section 10-9-5 - Public officers and public employees; executive branch; annual exempt salaries plan. - A. The department of finance and administration shall prepare, by...

Section 10-9-6 - Certified school instructors previously employed under the provisions of the Personnel Act. - Certified school instructors who were employed as certified school instructors...

Section 10-9-7 - Certain rules changes requiring legislative approval. - The state personnel office shall not spend any of its...

Section 10-9-8 - Personnel board; appointment. - The personnel board is created, and shall be composed of...

Section 10-9-9 - Board members; pay; meetings. - Each board member shall be paid per diem and mileage...

Section 10-9-10 - Board duties. - The board shall: A. promulgate regulations to effectuate the Personnel...

Section 10-9-11 - Board and office administratively attached to general services department. - The board and the state personnel office are administratively attached,...

Section 10-9-12 - Director duties. - The director shall: A. supervise all administrative and technical personnel...

Section 10-9-13 - Rules; adoption; coverage. - Rules promulgated by the board shall be effective when filed...

Section 10-9-13.1 - Legislative finding; purpose of act. - The legislature finds that residents of the state are a...

Section 10-9-13.2 - Veteran's preference. - A. In establishing the list of eligibles for appointment, the...

Section 10-9-14 - Blind not barred from competitive examination; method of testing. - A. No agency or officer of the state or any...

Section 10-9-15 - Duties of state officers and employers. - All officers and employers of the state shall comply with...

Section 10-9-16 - Status of present employees. - All employees of the state holding positions brought into the...

Section 10-9-17 - Certification of payroll. - No person shall make or approve payment for personnel services...

Section 10-9-18 - Appeals by employees to the board. - A. An employee who is dismissed, demoted or suspended may,...

Section 10-9-19 - Reduction in force. - Whenever an employee is terminated by an employer in a...

Section 10-9-20 - Oaths; testimony; records; refusal. - The board has the power to administer oaths, subpoena witnesses...

Section 10-9-21 - Prohibited acts. - A. No employer shall dismiss an employee for failure or...

Section 10-9-22 - Unlawful acts prohibited. - It is unlawful to: A. make any false statement, certificate,...

Section 10-9-23 - Penalties. - Any person wilfully violating any provision of the Personnel Act...

Section 10-9-24 - Existing rules. - Existing personnel rules, policies and pay plans for employees of...

Section 10-9-25 - Federal funds and assistance. - When the provisions of any laws of the United States,...

Article 10 - State Government Internship Program

Section 10-10-1 - Creation of state government internship program. - There is established under the personnel board the office of...

Section 10-10-2 - Purposes. - The purposes of this act [10-10-1 to 10-10-5 NMSA 1978]...

Section 10-10-3 - Director of inter-university training program. - The inter-university training program shall be headed by the personnel...

Section 10-10-4 - Duties of director. - The duties of the personnel director are: A. with the...

Section 10-10-5 - Employment of intern personnel. - A. Every employing office or agency of the state hiring...

Article 11 - Retirement of Public Officers and Employees Generally

Section 10-11-1 - Short title. - Chapter 10, Article 11 NMSA 1978 may be cited as...

Section 10-11-2 - Definitions. - As used in the Public Employees Retirement Act: A. "accumulated...

Section 10-11-2.1 - Definitions. - As used in Chapter 10, Article 11 NMSA 1978, with...

Section 10-11-2.2 - Additional definition; state legislator member. - As used in the Public Employees Retirement Act, "state legislator...

Section 10-11-3 - Membership; requirements; exclusions; termination. - A. Except as may be provided for in the Volunteer...

Section 10-11-4 - Service credit; requirements for; forfeiture; reinstatement. - A. Personal service rendered an affiliated public employer by a...

Section 10-11-4.1 - Repealed. - Repeals. — Laws 1987, ch. 253, § 140, repealed 10-11-4.1...

Section 10-11-4.2 - Correction of errors and omissions; estoppel. - A. If an error or omission results in an overpayment...

Section 10-11-5 - Credited service; municipal election to make employee contributions. - A municipal affiliated public employer may elect by resolution of...

Section 10-11-6 - Service credit; credit for intervening military and United States government service. - A. A member who leaves the employ of an affiliated...

Section 10-11-6.1 - Service credit for certain injured members on approved workers' compensation leave. - A. A member whose affiliated public employer has provided written...

Section 10-11-6.2 - Elected official; award of service credit for shortened term of office; Local Election Act. - A member shall be credited an award of service to...

Section 10-11-7 - Service credit; purchase of service. - A. A member who entered a uniformed service of the...

Section 10-11-8 - Normal retirement; return to employment; benefits continued; contributions. - A. A member may retire upon fulfilling the following requirements...

Section 10-11-9 - Repealed. - Repeals. — Laws 1993, ch. 160, § 9 repealed 10-11-9...

Section 10-11-9.2 - Repealed. - Repeals. — Laws 1987, ch. 253, § 140, repealed 10-11-9.1...

Section 10-11-10 - Repealed. - Repeals. — Laws 1993, ch. 160, § 9 repealed 10-11-10...

Section 10-11-10.1 - Disability retirement. - A. There is created a "disability review committee" of the...

Section 10-11-11 - Repealed. - Repeals. — Laws 1993, ch. 160. § 9 repealed 10-11-11...

Section 10-11-12 - Status of disability retired member upon termination of disability retirement. - A. The membership status of a disability retired member following...

Section 10-11-14 - Repealed. - Repeals. — Laws 1993, ch. 160, § 9 repealed 10-11-13...

Section 10-11-14.1 to 10-11-14.4 - Repealed. - Repeals. — Laws 1987, ch. 253, § 140, repealed 10-11-14.1...

Section 10-11-14.5 - Death before retirement; survivor pensions. - A. A survivor pension may be paid to certain persons...

Section 10-11-14.6 - Calculation of final average salary. - Under the Public Employees Retirement Act: A. for a member...

Section 10-11-15 - State general member coverage plan 1; applicability. - State general member coverage plan 1 is applicable to state...

Section 10-11-16 - State general member coverage plan 1; age and service requirements for normal retirement. - Under state general member coverage plan 1, the age and...

Section 10-11-17 - State general member coverage plan 1; amount of normal requirements for normal retirement; form of payment A. - Under state general member coverage plan 1, the amount of...

Section 10-11-18 - State general member coverage plan 1; final average salary. - Under state general member coverage plan 1, final average salary...

Section 10-11-18.1 - Repealed. - Repeals. — Laws 1987, ch. 253, § 140, repealed 10-11-18.1...

Section 10-11-19 - State general member coverage plan 1; member contribution rate. - A member under state general member coverage plan 1 shall...

Section 10-11-20 - State general member coverage plan 1; state contribution rate. - The state shall contribute eleven and forty-eight one-hundredths percent of...

Section 10-11-21 - State general member coverage plan 2; applicability. - State general member coverage plan 2 is applicable to state...

Section 10-11-22 - State general member coverage plan 2; age and service requirements for normal retirement. - Under state general member coverage plan 2, the age and...

Section 10-11-23 - State general member coverage plan 2; amount of pension; form of payment A. - Under state general member coverage plan 2, the amount of...

Section 10-11-24 - State general member coverage plan 2; final average salary. - Under state general member coverage plan 2, the final average...

Section 10-11-25 - State general member coverage plan 2; member contribution rate. - A member under state general member coverage plan 2 shall...

Section 10-11-26 - State general member coverage plan 2; state contribution rate. - The state shall contribute thirteen and eighty-three one-hundredths percent of...

Section 10-11-26.1 - State general member coverage plan 3; applicability. - State general member coverage plan 3 is applicable to peace...

Section 10-11-26.2 - State general member coverage plan 3; age and service credit requirements for normal retirement. - A. Under state general member coverage plan 3: (1) for...

Section 10-11-26.2 - State general member coverage plan 3; age and service credit requirements for normal retirement. (Effective January 1, 2023.) - A. Under state general member coverage plan 3: (1) for...

Section 10-11-26.3 - State general member coverage plan 3; amount of pension; form of payment A. - Under state general member coverage plan 3: A. for a...

Section 10-11-26.4 - Repealed. - History: Laws 1994, ch. 128, § 5; repealed by Laws...

Section 10-11-26.5 - State general member coverage plan 3; member contribution rate. - A member under state general member coverage plan 3 shall...

Section 10-11-26.6 - State general member coverage plan 3; state contribution rate. - The state shall contribute the following percentages of the salary...

Section 10-11-26.7 - Service credit under this plan required. - Notwithstanding the provisions of Section 3 [10-11-26.2 NMSA 1978] of...

Section 10-11-27 - State police member, correctional officer member and probation and parole officer member coverage plan 1; applicability; credited service. - A. State police member, correctional officer member and probation and...

Section 10-11-27.1 - State police member, correctional officer member and probation and parole officer member coverage plan 1; service credit required. - Notwithstanding the provisions of Section 10-11-27 NMSA 1978, to qualify...

Section 10-11-27.2 - Legislative findings. - The legislature finds that: A. it is appropriate to recognize...

Section 10-11-28 - State police member, correctional officer member and probation and parole officer member coverage plan 1; age and service requirements for normal retirement. - Under state police member, correctional officer member and probation and...

Section 10-11-29 - State police member, correctional officer member and probation and parole officer member coverage plan 1; amount of pension; form of payment A. - Under state police member, correctional officer member and probation and...

Section 10-11-29.1 - Repealed. - Repeals. — Laws 1987, ch. 253, § 140, repealed 10-11-29.1...

Section 10-11-30 - Repealed. - History: Laws 1987, ch. 253, § 30; 2003, ch. 268,...

Section 10-11-31 - State police member, correctional officer member and probation and parole officer member coverage plan 1; member contribution rate. - A member under state police member, correctional officer member and...

Section 10-11-32 - State police member, correctional officer member and probation and parole officer member coverage plan 1; state contribution rate. - The state shall contribute twenty-five and one-half percent of the...

Section 10-11-33 - Juvenile correctional officer member coverage plan 1; applicability. - Juvenile correctional officer member coverage plan 1 is applicable to...

Section 10-11-34 - Juvenile correctional officer member coverage plan 1; age and service requirements for normal retirement. - Under juvenile correctional officer member coverage plan 1, the age...

Section 10-11-35 - Juvenile correctional officer member coverage plan 1; amount of pension; form of payment A. - Under juvenile correctional officer member coverage plan 1, the amount...

Section 10-11-36 - Repealed. - History: Laws 1987, ch. 253, § 36; repealed by Laws...

Section 10-11-37 - Juvenile correctional officer member coverage plan 1; member contribution rate. - A member under juvenile correctional officer member coverage plan 1...

Section 10-11-38 - Juvenile correctional officer member coverage plan 1; state contribution rate. - The state shall contribute twenty-one and five-tenths percent of the...

Section 10-11-38.1 - Juvenile correctional officer member coverage plan 2; applicability. - Juvenile correctional officer member coverage plan 2 is applicable to...

Section 10-11-38.2 - Juvenile correctional officer member coverage plan 2; age and service credit requirements for normal retirement. - Under juvenile correctional officer member coverage plan 2: A. for...

Section 10-11-38.3 - Juvenile correctional officer member coverage plan 2; amount of pension; form of payment A. - Under juvenile correctional officer member coverage plan 2, the amount...

Section 10-11-38.4 - Repealed. - History: Laws 1994, ch. 128, § 12; repealed by Laws...

Section 10-11-38.5 - Juvenile correctional officer member coverage plan 2; member contribution rate. - A member under juvenile correctional officer member coverage plan 2...

Section 10-11-38.6 - Juvenile correctional officer member coverage plan 2; state contribution rate. - The state shall contribute the following percentages of the salary...

Section 10-11-38.7 - Service credit under this plan required. - Notwithstanding the provisions of Section 10-11-38.2 NMSA 1978, to qualify...

Section 10-11-39 - State legislator member coverage plan 1; applicability. - State legislator member coverage plan 1 is applicable to state...

Section 10-11-40 - State legislator member coverage plan 1; age and service requirements for normal retirement. - Under state legislator member coverage plan 1, the age and...

Section 10-11-41 - State legislator member coverage plan 1; amount of pension; form of payment A. - A. Prior to January 1, 2004, under state legislator member...

Section 10-11-42 - State legislator member coverage plan 1; member contribution rate. - A. Prior to January 1, 2004, a member under state...

Section 10-11-43 - State legislator member coverage plan 1; state contribution rate. - The state shall contribute amounts sufficient to finance the membership...

Section 10-11-43.1 - State legislator member coverage plan 2; applicability. - State legislator member coverage plan 2 is applicable to state...

Section 10-11-43.2 - State legislator member coverage plan 2; age and service requirements for normal retirement. - Under state legislator member coverage plan 2, the age and...

Section 10-11-43.3 - State legislator member coverage plan 2; amount of pension; form of payment A. - Under state legislator member coverage plan 2, the annual amount...

Section 10-11-43.4 - State legislator member coverage plan 2; member contribution rate. - A member under state legislator member coverage plan 2 shall...

Section 10-11-43.5 - State legislator member coverage plan 2; state contribution rate. - The state shall contribute amounts sufficient to finance the membership...

Section 10-11-43.6 - State legislator member coverage plan 2; contributions for service prior to 2003. - To be eligible for state legislator member coverage plan 2,...

Section 10-11-44 - Municipal general member coverage plan 1; applicability. - Municipal general member coverage plan 1 is applicable to municipal...

Section 10-11-45 - Municipal general member coverage plan 1; age and service requirements for normal retirement. - Under municipal general member coverage plan 1: A. for a...

Section 10-11-46 - Municipal general member coverage plan 1; amount of pension; form of payment A. - Under municipal general member coverage plan 1, the amount of...

Section 10-11-47 - Repealed. - History: Laws 1987, ch. 253, § 47; repealed by Laws...

Section 10-11-48 - Municipal general member coverage plan 1; member contribution rate. - A member under municipal general member coverage plan 1 shall...

Section 10-11-49 - Municipal general member coverage plan 1; affiliated public employer contribution rate. - An affiliated public employer shall contribute the following percentages of...

Section 10-11-50 - Municipal general member coverage plan 2; applicability. - Municipal general member coverage plan 2 is applicable to a...

Section 10-11-51 - Municipal general member coverage plan 2; age and service requirements for normal retirement. - Under municipal general member coverage plan 2: A. for a...

Section 10-11-52 - Municipal general member coverage plan 2; amount of pension; form of payment A. - Under municipal general member coverage plan 2: A. for a...

Section 10-11-53 - Repealed. - History: Laws 1987, ch. 253, § 5; repealed by Laws...

Section 10-11-54 - Municipal general member coverage plan 2; member contribution rate. - A member under municipal general member coverage plan 2 shall...

Section 10-11-55 - Municipal general member coverage plan 2; affiliated public employer contribution rate. - An affiliated public employer shall contribute the following percentages of...

Section 10-11-55.1 - Municipal general member coverage plan 3; applicability. - History: Laws 1998, ch. 106, § 4; repealed by Laws...

Section 10-11-55.2 - Municipal general member coverage plan 3; age and service requirements for normal retirement. - Under municipal general member coverage plan 3: A. for a...

Section 10-11-55.3 - Municipal general member coverage plan 3; amount of pension; form of payment A. - Under municipal general member coverage plan 3: A. for a...

Section 10-11-55.4 - Repealed. - History: 1978 Comp., § 10-11-55.4, enacted by Laws 1993, ch....

Section 10-11-55.5 - Municipal general member coverage plan 3; member contribution rate. - A member under municipal general member coverage plan 3 shall...

Section 10-11-55.6 - Municipal general member coverage plan 3; affiliated public employer contribution rate. - An affiliated public employer shall contribute the following percentages of...

Section 10-11-55.7 - Municipal general member coverage plan 4; applicability. - Municipal general member coverage plan 4 is applicable to a...

Section 10-11-55.8 - Municipal general member coverage plan 4; age and service requirements for normal retirement. - Under municipal general member coverage plan 4: A. for a...

Section 10-11-55.9 - Municipal general member coverage plan 4; amount of pension; form of payment A. - Under municipal general member coverage plan 4: A. for a...

Section 10-11-55.10 - Repealed. - Repeals. — Laws 2009, ch. 288, § 20 repealed 10-11-55.10...

Section 10-11-55.11 - Municipal general member coverage plan 4; member contribution rate. - A member under municipal general member coverage plan 4 shall...

Section 10-11-55.12 - Municipal general member coverage plan 4; affiliated public employer contribution rate. - An affiliated public employer shall contribute the following percentages of...

Section 10-11-56 - Municipal police member coverage plan 1; applicability. - Municipal police member coverage plan 1 is applicable to municipal...

Section 10-11-57 - Municipal police member coverage plan 1; age and service requirements for normal retirement. - Under municipal police member coverage plan 1: A. for a...

Section 10-11-58 - Municipal police member coverage plan 1; amount of pension; form of payment A. - Under municipal police member coverage plan 1, the amount of...

Section 10-11-59 - Repealed. - History: Laws 1987, ch. 253, § 59; repealed by Laws...

Section 10-11-60 - Municipal police member coverage plan 1; member contribution rate. - A member under municipal police member coverage plan 1 shall...

Section 10-11-61 - Municipal police member coverage plan 1; affiliated public employer contribution rate. - The affiliated public employer shall contribute the following percentages of...

Section 10-11-62 - Municipal police member coverage plan 2; applicability. - Municipal police member coverage plan 2 is applicable to municipal...

Section 10-11-63 - Municipal police member coverage plan 2; age and service requirements for normal retirement. - Under municipal police coverage plan 2: A. for a member...

Section 10-11-64 - Municipal police member coverage plan 2; amount of pension; form of payment A. - Under municipal police member coverage plan 2: A. for a...

Section 10-11-65 - Repealed. - History: Laws 1987, ch. 253, § 65; repealed by Laws...

Section 10-11-66 - Municipal police member coverage plan 2; member contribution rate. - A member under municipal police member coverage plan 2 shall...

Section 10-11-67 - Municipal police member coverage plan 2; affiliated public employer contribution rate. - The affiliated public employer shall contribute the following percentages of...

Section 10-11-68 - Municipal police member coverage plan 3; applicability. - Municipal police member coverage plan 3 is applicable to municipal...

Section 10-11-69 - Municipal police member coverage plan 3; age and service requirements for normal retirement. - Under municipal police member coverage plan 3: A. for a...

Section 10-11-70 - Municipal police member coverage plan 3; amount of pension; form of payment A. - Under municipal police member coverage plan 3: A. for a...

Section 10-11-71 - Repealed. - History: Laws 1987, ch. 253, § 71; repealed by Laws...

Section 10-11-72 - Municipal police member coverage plan 3; member contribution rate. - A member under municipal police member coverage plan 3 shall...

Section 10-11-73 - Municipal police member coverage plan 3; affiliated public employer contribution rate. - The affiliated public employer shall contribute the following percentages of...

Section 10-11-74 - Municipal police member coverage plan 4; applicability. - Municipal police member coverage plan 4 is applicable to municipal...

Section 10-11-75 - Municipal police member coverage plan 4; age and service requirements for normal retirement. - Under municipal police member coverage plan 4: A. for a...

Section 10-11-76 - Municipal police member coverage plan 4; amount of pension; form of pension A. - Under municipal police member coverage plan 4: A. for a...

Section 10-11-77 - Repealed. - History: Laws 1987, ch. 253, § 77; repealed by Laws...

Section 10-11-78 - Municipal police member coverage plan 4; member contribution rate. - A member under municipal police member coverage plan 4 shall...

Section 10-11-79 - Municipal police member coverage plan 4; affiliated public employer contribution rate. - The affiliated public employer shall contribute the following percentages of...

Section 10-11-80 - Municipal police member coverage plan 5; applicability. - Municipal police member coverage plan 5 is applicable to municipal...

Section 10-11-81 - Municipal police member coverage plan 5; age and service requirements for normal retirement. - Under municipal police member coverage plan 5: A. for a...

Section 10-11-82 - Municipal police member coverage plan 5; amount of pension; form of payment A. - Under municipal police member coverage plan 5: A. for a...

Section 10-11-83 - Repealed. - History: Laws 1987, ch. 253, § 83; repealed by Laws...

Section 10-11-84 - Municipal police member coverage plan 5; member contribution rate. - A member under municipal police member coverage plan 5 shall...

Section 10-11-85 - Municipal police member coverage plan 5; affiliated public employer contribution rate. - The affiliated public employer shall contribute the following percentages of...

Section 10-11-86 - Municipal fire member coverage plan 1; applicability. - Municipal fire member coverage plan 1 is applicable to municipal...

Section 10-11-87 - Municipal fire member coverage plan 1; age and service requirements for normal retirement. - Under municipal fire member coverage plan 1: A. for a...

Section 10-11-88 - Municipal fire member coverage plan 1; amount of pension; form of payment A. - Under municipal fire member coverage plan 1, the amount of...

Section 10-11-89 - Repealed. - History: Laws 1987, ch. 253, § 89; repealed by Laws...

Section 10-11-90 - Municipal fire member coverage plan 1; member contribution rate. - A member under municipal fire member coverage plan 1 shall...

Section 10-11-91 - Municipal fire member coverage plan 1; affiliated public employer contribution rate. - The affiliated public employer shall contribute the following percentages of...

Section 10-11-92 - Municipal fire member coverage plan 2; applicability. - Municipal fire member coverage plan 2 is applicable to municipal...

Section 10-11-93 - Municipal fire member coverage plan 2; age and service requirements for normal retirement. - Under municipal fire member coverage plan 2: A. for a...

Section 10-11-94 - Municipal fire member coverage plan 2; amount of pension; form of payment A. - Under municipal fire member contribution plan 2: A. for a...

Section 10-11-95 - Repealed. - History: Laws 1987, ch. 253, § 95; repealed by Laws...

Section 10-11-96 - Municipal fire member coverage plan 2; member contribution rate. - A member under municipal fire member coverage plan 2 shall...

Section 10-11-97 - Municipal fire member coverage plan 2; affiliated public employer contribution rate. - The affiliated public employer shall contribute the following percentages of...

Section 10-11-98 - Municipal fire member coverage plan 3; applicability. - Municipal fire member coverage plan 3 is applicable to municipal...

Section 10-11-99 - Municipal fire member coverage plan 3; age and service requirements for normal retirement. - Under municipal fire member coverage plan 3: A. for a...

Section 10-11-100 - Municipal fire member coverage plan 3; amount of pension; form of payment A. - Under municipal fire member coverage plan 3: A. for a...

Section 10-11-101 - Repealed. - History: Laws 1987, ch. 253, § 101; repealed by Laws...

Section 10-11-102 - Municipal fire member coverage plan 3; member contribution rate. - A member under municipal fire member coverage plan 3 shall...

Section 10-11-103 - Municipal fire member coverage plan 3; affiliated public employer contribution rate. - The affiliated public employer shall contribute the following percentages of...

Section 10-11-104 - Municipal fire member coverage plan 4; applicability. - Municipal fire member coverage plan 4 is applicable to municipal...

Section 10-11-105 - Municipal fire member coverage plan 4; age and service requirements for normal retirement. - Under municipal fire member coverage plan 4: A. for a...

Section 10-11-106 - Municipal fire member coverage plan 4; amount of pension; form of payment A. - Under municipal fire member coverage plan 4: A. for a...

Section 10-11-107 - Repealed. - History: Laws 1987, ch. 253, § 107; repealed by Laws...

Section 10-11-108 - Municipal fire member coverage plan 4; member contribution rate. - A member under municipal fire member coverage plan 4 shall...

Section 10-11-109 - Municipal fire member coverage plan 4; affiliated public employer contribution rate. - The affiliated public employer shall contribute the following percentages of...

Section 10-11-110 - Municipal fire member coverage plan 5; applicability. - Municipal fire member coverage plan 5 is applicable to municipal...

Section 10-11-111 - Municipal fire member coverage plan 5; age and service requirements for normal retirement. - A. for a member who was a retired member or...

Section 10-11-112 - Municipal fire member coverage plan 5; amount of pension; form of payment A. - Under municipal fire member coverage plan 5: A. for a...

Section 10-11-113 - Repealed. - History: Laws 1987, ch. 253, § 113; repealed by Laws...

Section 10-11-114 - Municipal fire member coverage plan 5; member contribution rate. - A member under municipal fire member coverage plan 5 shall...

Section 10-11-115 - Municipal fire member coverage plan 5; affiliated public employer contribution rate. - The affiliated public employer shall contribute the following percentages of...

Section 10-11-115.1 - Municipal detention officer member coverage plan 1; applicability. - Municipal detention officer member coverage plan 1 is applicable to...

Section 10-11-115.2 - Municipal detention officer member coverage plan 1; age and service requirements for normal retirement; calculation of credited service. - A. Under municipal detention officer member coverage plan 1, for...

Section 10-11-115.3 - Municipal detention officer member coverage plan 1; amount of pension; form of payment A. - Under municipal detention officer member coverage plan 1, the amount...

Section 10-11-115.4 - Repealed. - History: Laws 2003, ch. 268, § 5; repealed by Laws...

Section 10-11-115.5 - Municipal detention officer member coverage plan 1; member contribution rate. - A member under municipal detention officer member coverage plan 1...

Section 10-11-115.6 - Municipal detention officer member coverage plan 1; employer contribution rate. - The affiliated public employer shall contribute the following percentages of...

Section 10-11-115.7 - Municipal detention officer member coverage plan 1; service credit required for municipal detention officer members. - Notwithstanding other provisions of the Public Employees Retirement Act, to...

Section 10-11-116 - Election of form of payment of a pension. - A. Except as otherwise provided in Section 10-11-136 NMSA 1978,...

Section 10-11-117 - Forms of payment of a pension. - A. Straight life pension is form of payment A. The...

Section 10-11-118 - Cost-of-living adjustments; qualified pension recipient; declining increase. - A. As used in this section: (1) "cost-of-living adjustment hurdle...

Section 10-11-118.1 - Adjustment of benefits. - A. If payment of a pension or other retirement benefit...

Section 10-11-119 - Commencement, change and termination of a pension. - A. A normal or disability pension shall commence the first...

Section 10-11-120 - Denial of benefit claim; appeals. - A. A benefit claimant shall be notified in writing of...

Section 10-11-121 - Group health insurance; continuation; group life insurance. - A. Any member or survivor pension beneficiary may continue to...

Section 10-11-122 - Public employer affiliation. - A. A public employer who is an affiliated public employer...

Section 10-11-123 - Funds of association. - A. The accounting funds of the association are the "member...

Section 10-11-124 - Member contribution fund. - A. The member contribution fund is the accounting fund in...

Section 10-11-125 - Member contributions; tax treatment. - Upon implementation, each affiliated public employer shall, solely for the...

Section 10-11-126 - Employers accumulation fund; employers contributions; transfers to retirement reserve fund. - A. The employers accumulation fund is the fund in which...

Section 10-11-127 - Retirement reserve fund. - The retirement reserve fund is the fund from which shall...

Section 10-11-128 - Income fund. - The income fund is the fund to which shall be...

Section 10-11-129 - Distribution of income fund. - The association shall at least annually distribute all or a...

Section 10-11-129.1 - Legislative retirement fund. - The "legislative retirement fund" is created in the state treasury....

Section 10-11-130 - Retirement board; authority; membership. - A. The "retirement board" is created and is the trustee...

Section 10-11-130.1 - Restrictions on receipt of gifts; restriction on campaign contributions; required reporting. - A. Except for gifts of food or beverage given in...

Section 10-11-131 - Retirement board; officers; employment of services. - A. The retirement board shall elect from its own number...

Section 10-11-132 - Investment of funds; prudent investor standard; indemnification of board members. - The funds created by the state retirement system acts are...

Section 10-11-133 - Investment of funds; prudent investor standard; conditions. - A. Commissions paid for the purchase and sale of any...

Section 10-11-133.1 - Disclosure of third-party marketers; penalty. - A. The retirement board shall not make any investment, other...

Section 10-11-134 - Survivor benefit fund; disposition. - A. The pensions being paid from the survivor benefit fund...

Section 10-11-135 - Funds not subject to process. - Except as provided in Sections 10-11-136 and 10-11-136.1 NMSA 1978,...

Section 10-11-136 - Division of funds as community property. - A court of competent jurisdiction, solely for the purposes of...

Section 10-11-136.1 - Legal process to satisfy child support obligations. - A court of competent jurisdiction, solely for the purposes of...

Section 10-11-137 - Insurance and banking laws not applicable. - None of the laws of this state regulating insurance or...

Section 10-11-138 - Gifts and bequests. - The retirement board is authorized and empowered to receive donations,...

Section 10-11-139 - Repealed. - Repeals. — Laws 1993, ch. 29, § 2 repealed 10-11-139...

Section 10-11-140 - Repealed. - Repeals. — Laws 1989, ch. 80, § 2 repealed 10-11-140...

Section 10-11-141 - Purchase of service credit. - An affiliated public employer that assumes a firefighting function previously...

Section 10-11-142 - Notice of eligibility and changes in benefits. - The association shall give written notice, to the member's last...

Section 10-11-143 - Contribution rate reductions; coverage plan funded ratio. (Effective July 1, 2022.) - A. Prior to May 1 of each year, the retirement...

Article 11A - Volunteer Firefighters Retirement

Section 10-11A-1 - Short title. - Chapter 10, Article 11A NMSA 1978 may be cited as...

Section 10-11A-2 - Definitions. - As used in the Volunteer Firefighters Retirement Act: A. "association"...

Section 10-11A-3 - Volunteer firefighters retirement fund; creation; transfer of funds from the fire protection fund. - A. There is created the "volunteer firefighters retirement fund" in...

Section 10-11A-4 - Administration of the Volunteer Firefighters Retirement Act, program and funds by the board; annual actuarial evaluation. - A. The provisions of the Volunteer Firefighters Retirement Act and...

Section 10-11A-5 - Retirement benefits; eligibility. - A. Any member who attains the age of fifty-five years...

Section 10-11A-6 - Determination of service credit. - A. A member may claim one year of service credit...

Section 10-11A-7 - Retirement annuity; surviving beneficiary. - A member may designate a spouse or dependent child as...

Section 10-11A-8 - Retroactivity; application of 2003 law. - A. The change in law made by Laws 2003, Chapter...

Article 11B - Firefighters' Survivors Supplement Benefits Act

Section 10-11B-1 - Short title. - Sections 1 through 5 of this act may be cited...

Section 10-11B-2 - Findings; purpose. - The legislature finds that firefighters throughout the state risk their...

Section 10-11B-3 - Definitions. - As used in the Firefighters' Survivors Supplemental Benefits Act: A....

Section 10-11B-4 - Firefighters' survivors fund created. - The "firefighters' survivors fund" is created in the state treasury...

Section 10-11B-5 - Firefighters' survivors supplemental benefits; review committee; determination; payment. - A. There is created the "firefighters' survivors supplemental death benefits...

Article 12 - Judicial Retirement (Repealed.)

Section 10-12-1 to 10-12-13 - Repealed. - Repeals. — Laws 1992, ch. 111, § 23 repealed 10-12-1...

Section 10-12-14 - Repealed. - Repeals. — Laws 1980, ch. 136, § 15, repealed 10-12-14...

Section 10-12-15 to 10-12-18 - Repealed. - Repeals. — Laws 1992, ch. 111, § 23 repealed 10-12-15...

Article 12A - Magistrate Retirement (Repealed.)

Section 10-12A-1 to 10-12A-13 - Repealed. - Repeals. — Laws 1992, ch. 118, § 20 repealed 10-12A-1...

Article 12B - Judicial Retirement

Section 10-12B-1 - Short title. - Chapter 10, Article 12B NMSA 1978 may be cited as...

Section 10-12B-2 - Definitions. - As used in the Judicial Retirement Act: A. "association" means...

Section 10-12B-3 - Judicial retirement fund established; administration of fund; accounting funds. - A. There is established in the state treasury the "judicial...

Section 10-12B-4 - Membership. - Effective July 1, 2014, every judge or justice while in...

Section 10-12B-5 - Service credit; reinstatement of forfeited service; prior service; military service. - A. Personal service rendered by a member shall be credited...

Section 10-12B-6 - Refund of contributions. - A. If a member leaves office, the member may, with...

Section 10-12B-7 - Funds not subject to legal process; division of funds as community property; legal process to satisfy child support obligations. - A. Except as provided in Subsections B and C of...

Section 10-12B-8 - Age and service credit requirements for normal retirement. - A. For an individual who initially became a member prior...

Section 10-12B-9 - Amount of pension. - A. For a judge or justice who occupied such an...

Section 10-12B-10 - Member contributions; tax treatment. - A. On and after July 1, 2014, members, while in...

Section 10-12B-11 - Employer contributions. - A. The member's court shall contribute fifteen percent of salary...

Section 10-12B-12 - Early retirement. - A. Any member who initially became a member prior to...

Section 10-12B-13 - Disability retirement pension. - A. A judge or justice with the applicable minimum number...

Section 10-12B-14 - Survivor's pension. - For a member whose initial term of office began prior...

Section 10-12B-14.1 - Election form of pension. - For a member whose initial term in office begins on...

Section 10-12B-14.2 - Form of pension payment. - A. Straight life pension is form of payment A. The...

Section 10-12B-14.3 - Death before retirement; survivor pension. - For a member whose initial term in office begins on...

Section 10-12B-15 - Cost-of-living adjustment. - A qualified pension recipient is eligible for a cost-of-living adjustment...

Section 10-12B-15.1 - Qualified pension recipient; cost-of-living-adjustment wait period; declining increase. - A. Pursuant to the Judicial Retirement Act, a qualified pension...

Section 10-12B-16 - Group insurance; continuation. - If the provisions of the Retiree Health Care Act [Chapter...

Section 10-12B-17 - Suspension or forfeiture of benefits. - A. If a member retires and is subsequently employed by...

Section 10-12B-18 - Adjustment of pension. - A. If payment of a pension or other retirement benefit...

Section 10-12B-19 - Corrections of errors and omissions; estoppel. - A. If an error or omission results in overpayment to...

Article 12C - Magistrate Retirement

Section 10-12C-1 - Short title. - Chapter 10, Article 12C NMSA 1978 may be cited as...

Section 10-12C-2 - Definitions. - As used in the Magistrate Retirement Act: A. "association" means...

Section 10-12C-3 - Magistrate retirement fund established; administration of fund; accounting funds. - A. There is established in the state treasury the "magistrate...

Section 10-12C-4 - Membership. - Every magistrate while in office shall become a member and...

Section 10-12C-5 - Service credit; reinstatement of forfeited service; prior service; military service. - A. Personal service rendered by a member shall be credited...

Section 10-12C-6 - Refund of contributions. - A. If a member leaves office, the member may, with...

Section 10-12C-7 - Funds not subject to legal process; division of funds as community property; legal process to satisfy child support obligations. - A. Except as provided in Subsections B and C of...

Section 10-12C-8 - Age and service credit requirements for normal retirement. - A. For a magistrate who was a member on June...

Section 10-12C-9 - Amount of pension. - A. For a magistrate who was a member on June...

Section 10-12C-10 - Member contributions; tax treatment. - A. On and after July 1, 2014, members, while in...

Section 10-12C-11 - Employer contributions. - A. The state, through the administrative office of the courts,...

Section 10-12C-12 - Disability retirement pension. - A. A magistrate with the applicable minimum number of years...

Section 10-12C-13 - Survivor's pension. - For a member whose initial term in office began prior...

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2021 New Mexico Statutes Chapter 10 - Public Officers and Employees

2021 New Mexico Statutes
Chapter 10 - Public Officers and Employees