A court of competent jurisdiction, solely for the purposes of enforcing current or delinquent child support obligations, may provide by appropriate order for withholding amounts due in satisfaction of current or delinquent child support obligations from the pensions or other benefits provided for in the Public Employees Retirement Act and for payment of such amounts to third parties. The court shall not alter the manner in which the amount of pensions or other benefits is calculated by the association. The court shall not cause any increase in the actuarial present value of the pensions or other benefits to be paid by the association. Payments made pursuant to such orders shall only be made when member contributions are refunded or a pension is payable in accordance with the provisions of the Public Employees Retirement Act; in no case shall more money be paid out, either in a lump sum or in monthly benefits, of association funds in enforcement of current or delinquent child support obligations than would otherwise be payable at that time.
History: 1978 Comp., § 10-11-136.1, enacted by Laws 1989, ch. 125, § 2; 1993, ch. 160, § 8.
Cross references. — For exemption from legal process for Public Employees Retirement Act benefits, see 10-11-135 NMSA 1978.
For rules governing garnishment and writs of execution in the district, magistrate, and metropolitan courts, see Rules 1-065.1, 2-801, and 3-801 NMRA, respectively.
For form for claim of exemptions on executions, see Rule 4-803 NMRA.
For form for order on claim of exemption and order to pay in execution proceedings, see Rule 4-804 NMRA.
For form for application for writ of garnishment and affidavit, see Rule 4-805 NMRA.
For form for notice of right to claim exemptions from execution, see Rule 4-808A NMRA.
For form for claim of exemption from garnishment, see Rule 4-809 NMRA.
The 1993 amendment, effective June 18, 1993, inserted "the" before "Public Employees Retirement Act" in the first sentence and substituted the language beginning "member contributions are refunded" and ending "Public Employees Retirement Act" for "the member terminates public employment and requests a refund of contributions or when the member retires" in the last sentence.
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.