A. State police member, correctional officer member and probation and parole officer member coverage plan 1 is applicable to:
(1) state police members who are not specifically covered by another coverage plan;
(2) adult correctional officer members;
(3) juvenile correctional officer members;
(4) adult probation and parole officer members; and
(5) juvenile probation and parole officer members.
B. The credited service of a state police member who was a retired member or a member on June 30, 2013 and who has held the permanent rank of patrolman, sergeant, lieutenant or captain and does not hold an exempt rank or who is assigned to the aircraft division as a pilot, or of an adult correctional officer member, shall have actual credited service increased by twenty percent for the purposes of state police member, correctional officer member and probation and parole officer member coverage plan 1.
C. The credited service, accrued after July 1, 2021, of a juvenile correctional officer member, an adult probation and parole officer or a juvenile probation and parole officer shall be increased by twenty percent for the purposes of state police member, correctional officer member and probation and parole officer member coverage plan 1.
D. Except as provided in Subsection B of this section, the credited service of a member covered under state police member, correctional officer member and probation and parole officer member coverage plan 1 shall be credited as provided in Section 10-11-4 NMSA 1978.
E. State police member, correctional officer member and probation and parole officer member coverage plan 1 is applicable to juvenile correctional officer members, adult probation and parole officer members and juvenile probation and parole officer members in the first full pay period after July 1, 2021 if the retirement board certifies to the secretary of state that, of those juvenile correctional officer members, adult probation and parole officer members and juvenile probation and parole officer members to be covered under state police member, correctional officer member and probation and parole officer member coverage plan 1, a majority of the respective members voting have voted to approve adoption of that plan at an election conducted pursuant to Sections 63 through 66 of this 2020 act.
History: Laws 1987, ch. 253, § 27; 2003, ch. 268, § 9; 2003, ch. 269, § 1; 2013, ch. 225, § 14; 2020, ch. 11, § 7.
Repeals and reenactments. — Laws 1987, Chapter 253 repealed former 10-11-27 NMSA 1978, as enacted by Laws 1965, ch. 263, § 1, relating to elective option coverages, and enacted a new section, effective July 1, 1987.
The 2020 amendment, effective July 1, 2020, revised the name of the coverage plan, included juvenile correctional officer members, adult probation and parole officer members, and juvenile probation and parole officer members in the coverage plan subject to approval by a majority of the respective members voting to approve adoption of that plan, and provided that the credited service accrued after July 1, 2021 of these members be increased by twenty percent; in the section heading, deleted "and adult", and added "and probation and parole officer member"; after "state police member", deleted "and adult", and after "correctional officer member", added "and probation and parole officer member" throughout the section; in Subsection A, added new paragraph designations "(1)" and "(2)" and Paragraphs A(3) through A(5); added a new Subsection C and redesignated the succeeding subsections accordingly; in Subsection E, after "applicable to", deleted "adult" and added "juvenile", after "correctional officer members", added "adult probation and parole officer members and juvenile probation and parole officer members", after "July 1", deleted "2004" and added "2021", after "of those", deleted "adult" and added "juvenile", after "correctional officer members", added "adult probation and parole officer members and juvenile probation and parole officer members", after "state police member", deleted "and adult", and after "correctional officer member", added "and probation and parole officer member", after "majority of the", added "respective", and after "pursuant to", deleted "Laws 2003, Chapter 268, Section 16" and added "Sections 63 through 66 of this 2020 act".
Temporary provisions. — Laws 2020, ch. 11, § 63 provided that on or before May 1, 2021, the retirement board shall conduct an election to submit to juvenile correctional officer members currently contributing under juvenile correctional officer member coverage plan 1 the question of adopting state police member, correctional officer member and probation and parole officer member coverage plan 1. The election shall be conducted in accordance with procedures adopted by the retirement board, and the retirement board shall certify the results of the election to the secretary of state on or before July 1, 2021.
Laws 2020, ch. 11, § 64 provided that on or before May 1, 2021, the retirement board shall conduct an election to submit to juvenile correctional officer members currently contributing under juvenile correctional officer member coverage plan 2 the question of adopting state police member, correctional officer member and probation and parole officer member coverage plan 1. The election shall be conducted in accordance with procedures adopted by the retirement board, and the retirement board shall certify the results of the election to the secretary of state on or before July 1, 2021.
Laws 2020, ch. 11, § 65 provided that on or before May 1, 2021, the retirement board shall conduct an election to submit to adult probation and parole officer members currently contributing under state general member coverage plan 3 the question of adopting state police member, correctional officer member and probation and parole officer member coverage plan 1. The election shall be conducted in accordance with procedures adopted by the retirement board, and the retirement board shall certify the results of the election to the secretary of state on or before July 1, 2021.
Laws 2020, ch. 11, § 66 provided that on or before May 1, 2021, the retirement board shall conduct an election to submit to juvenile probation and parole officer members currently contributing under state general member coverage plan 3 the question of adopting state police member, correctional officer member and probation and parole officer member coverage plan 1. The election shall be conducted in accordance with procedures adopted by the retirement board, and the retirement board shall certify the results of the election to the secretary of state on or before July 1, 2021.
The 2013 amendment, effective July 1, 2013, clarified how service credit under plan 1 will be calculated; in the title, added "credited service"; in Paragraph B, after "state police member", added "who was a retired member or a member on June 30, 2013 and"; and added Subsection C.
Severability. — Laws 2013, ch. 225, § 93 provided that if any part or application of Laws 2013, ch. 225 is held invalid, the remainder or its application to other situations or persons shall not be affected.
The 2003 amendment, — effective July 1, 2003, inserted "lieutenant or captain" following "rank of patrolman, sergeant," near the middle.
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.