2021 New Mexico Statutes
Article 11 - Retirement of Public Officers and Employees Generally
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 the salary of each member covered by state general member coverage plan 2.
History: Laws 1987, ch. 253, § 26.
Repeals and reenactments. — Laws 1987, Chapter 253 repealed former 10-11-26 NMSA 1978, as amended by Laws 1981, ch. 135, § 12, relating to annuity options, and enacted a new section, effective July 1, 1987.
Early retiree purchase of service credits. — Despite the clarity and precision of its formula for computing the cost of a retiring employee's additional purchased service credit, § 139 of Laws 1987, ch. 253 (uncompiled) was ambiguous; it was ambiguous because of its reference to the seventy-fifth fiscal year (the 12-month period ending June 30, 1987), which had already ended when § 139 became effective on July 1, 1987. The section provided that an employee could purchase up to five years of credited service "during the seventy-fifth or seventy-sixth fiscal year," subject to various conditions. Not only was the statute ambiguous by referring to both the seventy-fifth and seventy-sixth fiscal years at the same time, it was also internally inconsistent; the cost for an additional year of service credit had already been fixed by Section 3 of the 1986 amendment to this article (Chapter 89), and no one argues that § 139 was intended to change that cost, retroactively, to comport with the formula spelled out later in § 139. Thus, the early retirees in the seventy-sixth fiscal year under Laws 1987, ch. 253, § 139 were required to pay an equivalent amount to purchase service credits as paid by early retirees under Laws 1986, ch. 89, § 3. State ex rel. Helman v. Gallegos, 1994-NMSC-023, 117 N.M. 346, 871 P.2d 1352.

Structure 2021 New Mexico Statutes

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Section 10-11-4.1 - Repealed.

Section 10-11-4.2 - Correction of errors and omissions; estoppel.

Section 10-11-5 - Credited service; municipal election to make employee contributions.

Section 10-11-6 - Service credit; credit for intervening military and United States government service.

Section 10-11-6.1 - Service credit for certain injured members on approved workers' compensation leave.

Section 10-11-6.2 - Elected official; award of service credit for shortened term of office; Local Election Act.

Section 10-11-7 - Service credit; purchase of service.

Section 10-11-8 - Normal retirement; return to employment; benefits continued; contributions.

Section 10-11-9 - Repealed.

Section 10-11-9.2 - Repealed.

Section 10-11-10 - Repealed.

Section 10-11-10.1 - Disability retirement.

Section 10-11-11 - Repealed.

Section 10-11-12 - Status of disability retired member upon termination of disability retirement.

Section 10-11-14 - Repealed.

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 10-11-16 - State general member coverage plan 1; age and service requirements for normal retirement.

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

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 10-11-22 - State general member coverage plan 2; age and service requirements for normal retirement.

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 10-11-26.2 - State general member coverage plan 3; age and service credit requirements for normal retirement.

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

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 - State police member, correctional officer member and probation and parole officer member coverage plan 1; applicability; credited service.

Section 10-11-27.1 - State police member, correctional officer member and probation and parole officer member coverage plan 1; service credit required.

Section 10-11-27.2 - Legislative findings.

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.

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.

Section 10-11-29.1 - Repealed.

Section 10-11-30 - Repealed.

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

Section 10-11-32 - State police member, correctional officer member and probation and parole officer member coverage plan 1; state contribution rate.

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

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

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

Section 10-11-36 - Repealed.

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

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

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 10-11-40 - State legislator member coverage plan 1; age and service requirements for normal retirement.

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 10-11-43.2 - State legislator member coverage plan 2; age and service requirements for normal retirement.

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 10-11-43.6 - State legislator member coverage plan 2; contributions for service prior to 2003.

Section 10-11-44 - Municipal general member coverage plan 1; applicability.

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

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

Section 10-11-47 - Repealed.

Section 10-11-48 - Municipal general member coverage plan 1; member contribution rate.

Section 10-11-49 - Municipal general member coverage plan 1; affiliated public employer contribution rate.

Section 10-11-50 - Municipal general member coverage plan 2; applicability.

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

Section 10-11-52 - Municipal general member coverage plan 2; amount of pension; form of payment A.

Section 10-11-53 - Repealed.

Section 10-11-54 - Municipal general member coverage plan 2; member contribution rate.

Section 10-11-55 - Municipal general member coverage plan 2; affiliated public employer contribution rate.

Section 10-11-55.1 - Municipal general member coverage plan 3; applicability.

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

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 10-11-55.6 - Municipal general member coverage plan 3; affiliated public employer contribution rate.

Section 10-11-55.7 - Municipal general member coverage plan 4; applicability.

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

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 10-11-55.12 - Municipal general member coverage plan 4; affiliated public employer contribution rate.

Section 10-11-56 - Municipal police member coverage plan 1; applicability.

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

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

Section 10-11-59 - Repealed.

Section 10-11-60 - Municipal police member coverage plan 1; member contribution rate.

Section 10-11-61 - Municipal police member coverage plan 1; affiliated public employer contribution rate.

Section 10-11-62 - Municipal police member coverage plan 2; applicability.

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

Section 10-11-64 - Municipal police member coverage plan 2; amount of pension; form of payment A.

Section 10-11-65 - Repealed.

Section 10-11-66 - Municipal police member coverage plan 2; member contribution rate.

Section 10-11-67 - Municipal police member coverage plan 2; affiliated public employer contribution rate.

Section 10-11-68 - Municipal police member coverage plan 3; applicability.

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

Section 10-11-70 - Municipal police member coverage plan 3; amount of pension; form of payment A.

Section 10-11-71 - Repealed.

Section 10-11-72 - Municipal police member coverage plan 3; member contribution rate.

Section 10-11-73 - Municipal police member coverage plan 3; affiliated public employer contribution rate.

Section 10-11-74 - Municipal police member coverage plan 4; applicability.

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

Section 10-11-76 - Municipal police member coverage plan 4; amount of pension; form of pension A.

Section 10-11-77 - Repealed.

Section 10-11-78 - Municipal police member coverage plan 4; member contribution rate.

Section 10-11-79 - Municipal police member coverage plan 4; affiliated public employer contribution rate.

Section 10-11-80 - Municipal police member coverage plan 5; applicability.

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

Section 10-11-82 - Municipal police member coverage plan 5; amount of pension; form of payment A.

Section 10-11-83 - Repealed.

Section 10-11-84 - Municipal police member coverage plan 5; member contribution rate.

Section 10-11-85 - Municipal police member coverage plan 5; affiliated public employer contribution rate.

Section 10-11-86 - Municipal fire member coverage plan 1; applicability.

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

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

Section 10-11-89 - Repealed.

Section 10-11-90 - Municipal fire member coverage plan 1; member contribution rate.

Section 10-11-91 - Municipal fire member coverage plan 1; affiliated public employer contribution rate.

Section 10-11-92 - Municipal fire member coverage plan 2; applicability.

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

Section 10-11-94 - Municipal fire member coverage plan 2; amount of pension; form of payment A.

Section 10-11-95 - Repealed.

Section 10-11-96 - Municipal fire member coverage plan 2; member contribution rate.

Section 10-11-97 - Municipal fire member coverage plan 2; affiliated public employer contribution rate.

Section 10-11-98 - Municipal fire member coverage plan 3; applicability.

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

Section 10-11-100 - Municipal fire member coverage plan 3; amount of pension; form of payment A.

Section 10-11-101 - Repealed.

Section 10-11-102 - Municipal fire member coverage plan 3; member contribution rate.

Section 10-11-103 - Municipal fire member coverage plan 3; affiliated public employer contribution rate.

Section 10-11-104 - Municipal fire member coverage plan 4; applicability.

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

Section 10-11-106 - Municipal fire member coverage plan 4; amount of pension; form of payment A.

Section 10-11-107 - Repealed.

Section 10-11-108 - Municipal fire member coverage plan 4; member contribution rate.

Section 10-11-109 - Municipal fire member coverage plan 4; affiliated public employer contribution rate.

Section 10-11-110 - Municipal fire member coverage plan 5; applicability.

Section 10-11-111 - Municipal fire member coverage plan 5; age and service requirements for normal retirement.

Section 10-11-112 - Municipal fire member coverage plan 5; amount of pension; form of payment A.

Section 10-11-113 - Repealed.

Section 10-11-114 - Municipal fire member coverage plan 5; member contribution rate.

Section 10-11-115 - Municipal fire member coverage plan 5; affiliated public employer contribution rate.

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

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

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

Section 10-11-115.4 - Repealed.

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

Section 10-11-115.6 - Municipal detention officer member coverage plan 1; employer contribution rate.

Section 10-11-115.7 - Municipal detention officer member coverage plan 1; service credit required for municipal detention officer members.

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 10-11-126 - Employers accumulation fund; employers contributions; transfers to retirement reserve fund.

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 10-11-130.1 - Restrictions on receipt of gifts; restriction on campaign contributions; required reporting.

Section 10-11-131 - Retirement board; officers; employment of services.

Section 10-11-132 - Investment of funds; prudent investor standard; indemnification of board members.

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 10-11-139 - Repealed.

Section 10-11-140 - Repealed.

Section 10-11-141 - Purchase of service credit.

Section 10-11-142 - Notice of eligibility and changes in benefits.

Section 10-11-143 - Contribution rate reductions; coverage plan funded ratio. (Effective July 1, 2022.)