2021 New Mexico Statutes
Article 11 - Retirement of Public Officers and Employees Generally
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 probation and parole officer member coverage plan 1 shall contribute seven and six-tenths percent of salary, except that a member whose annual salary is greater than twenty-five thousand dollars ($25,000) shall contribute nine and one-tenth percent of salary.
History: Laws 1987, ch. 253, § 31; 2003, ch. 268, § 14; 2009, ch. 127, § 3; 2011, ch. 178, § 3; 2013, ch. 225, § 18; 2020, ch. 11, § 11.
Repeals and reenactments. — Laws 1987, Chapter 253 repealed former 10-11-31 NMSA 1978, as amended by Laws 1981, ch. 135, § 14, relating to duty disability, and enacted a new section, effective July 1, 1987.
The 2020 amendment, effective July 1, 2020, revised the name of the coverage plan, and increased the salary amount applicable to the increased member contribution rate; in the section heading and section, deleted "and adult", and added "and probation and parole officer member"; and after "annual salary is greater than", deleted "twenty thousand dollars ($20,000)" and added "twenty-five thousand dollars ($25,000)".
The 2013 amendment, effective July 1, 2013, increased the employee contribution rate for employees earning more than twenty thousand dollars in salary annually; deleted the entire section, which provided for employee contributions at a rate of seven and six-tenths hundredths percent of salary, except for employees whose salary was greater than twenty thousand dollars who were required to pay a rate which ranged from nine and one-tenth percent beginning July 1, 2009, ten and eighty-five hundredths percent beginning July 1, 2011, and nine and one-tenth percent beginning July 1, 2012; and added the current language.
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 2011 amendment, effective July 1, 2011, for the period from July 1, 2011 through June 30, 2012, increased the member contribution rate for members whose annual salary is more than twenty thousand dollars.
The 2009 amendment, effective July 1, 2009, added the exception at the end of the sentence.
The 2003 amendment, effective July 1, 2003 inserted "and adult correctional officer member" in the section heading; and inserted "and adult correctional officer member" in the text.

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.)