The funds created by the state retirement system acts are trust funds of which the retirement board is trustee. Members of the retirement board jointly and individually shall be indemnified by the state from the funds administered by the retirement board from all claims, demands, suits, actions, damages, judgments, costs, charges and expenses, including court costs and attorney fees and against all liability losses and damages of any nature that members shall or may sustain by reason of any decision made in the performance of their duties pursuant to the state retirement system acts. The retirement board shall invest and reinvest the funds in accordance with the Uniform Prudent Investor Act [45-7-601 to 45-7-612 NMSA 1978].
History: Laws 1987, ch. 253, § 132; 1989, ch. 46, § 1; 1992, ch. 116, § 11; 1995, ch. 94, § 1; 1997, ch. 189, § 11; 2003, ch. 345, § 1; 2005, ch. 240, § 4.
Cross references. — For the federal Investment Company Act of 1940, see 15 U.S.C.S. § 80a-1 et seq.
The 2005 amendment, effective July 1, 2005, deleted former Subsections A through J which provided the classes of securities and investments in which the retirement board could invest and reinvest funds; provided that the retirement board shall invest and reinvest the funds in accordance with the Uniform Prudent Investor Act.
Severability. — Laws 2005, ch. 240, § 8 provided that if any part or application of this act is held invalid, the remainder or its application to other situations or persons shall likewise be invalid and that the provisions of this act are not severable.
The 2003 amendment, effective June 20, 2003, in Subsection E, deleted language concerning stock listed on a stock exchange approved or controlled by the securities and exchange commission and substituted "B" for "BBB" and "B" for "Baa" in the first proviso and substituted "not more than ten percent of" for "own more than ten percent of the voting stock of a company" in the second proviso and added the language beginning "be invested in debt obligations" through to the end of the subsection; inserted Subsection F and redesignated the remaining subsections accordingly.
The 1997 amendment, effective June 20, 1997, rewrote Subsections F and G; deleted former Subsections H through K, relating to insured savings deposits, industrial revenue bonds, notes or obligations securing loans made pursuant to the Small Business Act of 1953, and notes or obligations securing loans secured by first mortgages on real estate located in New Mexico, respectively; and redesignated the remaining subsections accordingly.
The 1995 amendment, effective June 16, 1995, added Subsection G; redesignated former Subsections G through K as Subsections H through L; added Subsection M; and made minor stylistic changes.
The 1992 amendment, effective July 1, 1992, rewrote the introductory paragraph; inserted "treasury" and "government" in Subsection A; in Subsection B, inserted "that are registered by the United States Security and Exchange Commission, are publicly traded and are" near the beginning of the first sentence and deleted "for more than three months" following "default" near the end of that sentence; rewrote the provisions of Subsections C to G and redesignated them as Subsections C to F; redesignated Subsection H as Subsection G, while substituting "agency or corporation of the United States government" for "agency of the United States"; rewrote Subsection I and redesignated it as Subsection H; redesignated Subsection J as Subsection I, while substituting "that" for "which" near the middle of the second sentence; redesignated Subsection K as Subsection J while substituting "that" for "which" near the beginning of the subsection and inserting "government" near the end of the subsection; deleted Subsection L, relating to loans pursuant to the federal Higher Education Act of 1965; and redesignated Subsection M as Subsection K, while substituting "that are authorized" for "which are authorized" near the middle of the subsection.
Investment in mortgages. — Under this section, and without violating its fiduciary obligation as trustee, the retirement board may properly invest in a share of a mortgage guaranteed by the United States and the federal housing administration. 1958 Op. Att'y Gen. No. 58-172.
Structure 2021 New Mexico Statutes
Chapter 10 - Public Officers and Employees
Article 11 - Retirement of Public Officers and Employees Generally
Section 10-11-1 - Short title.
Section 10-11-2 - Definitions.
Section 10-11-2.1 - Definitions.
Section 10-11-2.2 - Additional definition; state legislator member.
Section 10-11-3 - Membership; requirements; exclusions; termination.
Section 10-11-4 - Service credit; requirements for; forfeiture; reinstatement.
Section 10-11-4.2 - Correction of errors and omissions; estoppel.
Section 10-11-5 - Credited service; municipal election to make employee contributions.
Section 10-11-7 - Service credit; purchase of service.
Section 10-11-8 - Normal retirement; return to employment; benefits continued; contributions.
Section 10-11-10.1 - Disability retirement.
Section 10-11-12 - Status of disability retired member upon termination of disability retirement.
Section 10-11-14.1 to 10-11-14.4 - Repealed.
Section 10-11-14.5 - Death before retirement; survivor pensions.
Section 10-11-14.6 - Calculation of final average salary.
Section 10-11-15 - State general member coverage plan 1; applicability.
Section 10-11-18 - State general member coverage plan 1; final average salary.
Section 10-11-18.1 - Repealed.
Section 10-11-19 - State general member coverage plan 1; member contribution rate.
Section 10-11-20 - State general member coverage plan 1; state contribution rate.
Section 10-11-21 - State general member coverage plan 2; applicability.
Section 10-11-23 - State general member coverage plan 2; amount of pension; form of payment A.
Section 10-11-24 - State general member coverage plan 2; final average salary.
Section 10-11-25 - State general member coverage plan 2; member contribution rate.
Section 10-11-26 - State general member coverage plan 2; state contribution rate.
Section 10-11-26.1 - State general member coverage plan 3; applicability.
Section 10-11-26.3 - State general member coverage plan 3; amount of pension; form of payment A.
Section 10-11-26.4 - Repealed.
Section 10-11-26.5 - State general member coverage plan 3; member contribution rate.
Section 10-11-26.6 - State general member coverage plan 3; state contribution rate.
Section 10-11-26.7 - Service credit under this plan required.
Section 10-11-27.2 - Legislative findings.
Section 10-11-29.1 - Repealed.
Section 10-11-33 - Juvenile correctional officer member coverage plan 1; applicability.
Section 10-11-37 - Juvenile correctional officer member coverage plan 1; member contribution rate.
Section 10-11-38 - Juvenile correctional officer member coverage plan 1; state contribution rate.
Section 10-11-38.1 - Juvenile correctional officer member coverage plan 2; applicability.
Section 10-11-38.4 - Repealed.
Section 10-11-38.5 - Juvenile correctional officer member coverage plan 2; member contribution rate.
Section 10-11-38.6 - Juvenile correctional officer member coverage plan 2; state contribution rate.
Section 10-11-38.7 - Service credit under this plan required.
Section 10-11-39 - State legislator member coverage plan 1; applicability.
Section 10-11-41 - State legislator member coverage plan 1; amount of pension; form of payment A.
Section 10-11-42 - State legislator member coverage plan 1; member contribution rate.
Section 10-11-43 - State legislator member coverage plan 1; state contribution rate.
Section 10-11-43.1 - State legislator member coverage plan 2; applicability.
Section 10-11-43.3 - State legislator member coverage plan 2; amount of pension; form of payment A.
Section 10-11-43.4 - State legislator member coverage plan 2; member contribution rate.
Section 10-11-43.5 - State legislator member coverage plan 2; state contribution rate.
Section 10-11-44 - Municipal general member coverage plan 1; applicability.
Section 10-11-46 - Municipal general member coverage plan 1; amount of pension; form of payment A.
Section 10-11-48 - Municipal general member coverage plan 1; member contribution rate.
Section 10-11-50 - Municipal general member coverage plan 2; applicability.
Section 10-11-52 - Municipal general member coverage plan 2; amount of pension; form of payment A.
Section 10-11-54 - Municipal general member coverage plan 2; member contribution rate.
Section 10-11-55.1 - Municipal general member coverage plan 3; applicability.
Section 10-11-55.3 - Municipal general member coverage plan 3; amount of pension; form of payment A.
Section 10-11-55.4 - Repealed.
Section 10-11-55.5 - Municipal general member coverage plan 3; member contribution rate.
Section 10-11-55.7 - Municipal general member coverage plan 4; applicability.
Section 10-11-55.9 - Municipal general member coverage plan 4; amount of pension; form of payment A.
Section 10-11-55.10 - Repealed.
Section 10-11-55.11 - Municipal general member coverage plan 4; member contribution rate.
Section 10-11-56 - Municipal police member coverage plan 1; applicability.
Section 10-11-58 - Municipal police member coverage plan 1; amount of pension; form of payment A.
Section 10-11-60 - Municipal police member coverage plan 1; member contribution rate.
Section 10-11-62 - Municipal police member coverage plan 2; applicability.
Section 10-11-64 - Municipal police member coverage plan 2; amount of pension; form of payment A.
Section 10-11-66 - Municipal police member coverage plan 2; member contribution rate.
Section 10-11-68 - Municipal police member coverage plan 3; applicability.
Section 10-11-70 - Municipal police member coverage plan 3; amount of pension; form of payment A.
Section 10-11-72 - Municipal police member coverage plan 3; member contribution rate.
Section 10-11-74 - Municipal police member coverage plan 4; applicability.
Section 10-11-76 - Municipal police member coverage plan 4; amount of pension; form of pension A.
Section 10-11-78 - Municipal police member coverage plan 4; member contribution rate.
Section 10-11-80 - Municipal police member coverage plan 5; applicability.
Section 10-11-82 - Municipal police member coverage plan 5; amount of pension; form of payment A.
Section 10-11-84 - Municipal police member coverage plan 5; member contribution rate.
Section 10-11-86 - Municipal fire member coverage plan 1; applicability.
Section 10-11-88 - Municipal fire member coverage plan 1; amount of pension; form of payment A.
Section 10-11-90 - Municipal fire member coverage plan 1; member contribution rate.
Section 10-11-92 - Municipal fire member coverage plan 2; applicability.
Section 10-11-94 - Municipal fire member coverage plan 2; amount of pension; form of payment A.
Section 10-11-96 - Municipal fire member coverage plan 2; member contribution rate.
Section 10-11-98 - Municipal fire member coverage plan 3; applicability.
Section 10-11-100 - Municipal fire member coverage plan 3; amount of pension; form of payment A.
Section 10-11-102 - Municipal fire member coverage plan 3; member contribution rate.
Section 10-11-104 - Municipal fire member coverage plan 4; applicability.
Section 10-11-106 - Municipal fire member coverage plan 4; amount of pension; form of payment A.
Section 10-11-108 - Municipal fire member coverage plan 4; member contribution rate.
Section 10-11-110 - Municipal fire member coverage plan 5; applicability.
Section 10-11-112 - Municipal fire member coverage plan 5; amount of pension; form of payment A.
Section 10-11-114 - Municipal fire member coverage plan 5; member contribution rate.
Section 10-11-115.1 - Municipal detention officer member coverage plan 1; applicability.
Section 10-11-115.4 - Repealed.
Section 10-11-115.5 - Municipal detention officer member coverage plan 1; member contribution rate.
Section 10-11-116 - Election of form of payment of a pension.
Section 10-11-117 - Forms of payment of a pension.
Section 10-11-118 - Cost-of-living adjustments; qualified pension recipient; declining increase.
Section 10-11-118.1 - Adjustment of benefits.
Section 10-11-119 - Commencement, change and termination of a pension.
Section 10-11-120 - Denial of benefit claim; appeals.
Section 10-11-121 - Group health insurance; continuation; group life insurance.
Section 10-11-122 - Public employer affiliation.
Section 10-11-123 - Funds of association.
Section 10-11-124 - Member contribution fund.
Section 10-11-125 - Member contributions; tax treatment.
Section 10-11-127 - Retirement reserve fund.
Section 10-11-128 - Income fund.
Section 10-11-129 - Distribution of income fund.
Section 10-11-129.1 - Legislative retirement fund.
Section 10-11-130 - Retirement board; authority; membership.
Section 10-11-131 - Retirement board; officers; employment of services.
Section 10-11-133 - Investment of funds; prudent investor standard; conditions.
Section 10-11-133.1 - Disclosure of third-party marketers; penalty.
Section 10-11-134 - Survivor benefit fund; disposition.
Section 10-11-135 - Funds not subject to process.
Section 10-11-136 - Division of funds as community property.
Section 10-11-136.1 - Legal process to satisfy child support obligations.
Section 10-11-137 - Insurance and banking laws not applicable.
Section 10-11-138 - Gifts and bequests.
Section 10-11-141 - Purchase of service credit.
Section 10-11-142 - Notice of eligibility and changes in benefits.