2021 New Mexico Statutes
Article 11 - Retirement of Public Officers and Employees Generally
Section 10-11-38.2 - Juvenile correctional officer member coverage plan 2; age and service credit requirements for normal retirement.

Under juvenile correctional officer member coverage plan 2:
A. for a member who was a retired member or a member on June 30, 2013, the age and service credit requirements for normal retirement are:
(1) age sixty-five years or older and five or more years of service credit;
(2) age sixty-four years and eight or more years of service credit;
(3) age sixty-three years and eleven or more years of service credit;
(4) age sixty-two years and fourteen or more years of service credit;
(5) age sixty-one years and seventeen or more years of service credit;
(6) age sixty years and twenty or more years of service credit; and
(7) any age and twenty-five or more years of service credit; and
B. for a member who was not a retired member or a member on June 30, 2013, the age and service requirements for normal retirement are:
(1) age sixty years or older and five or more years of service credit; or
(2) any age and twenty-five or more years of service credit.
History: Laws 1994, ch. 128, § 10; 2013, ch. 225, § 26; 2020, ch. 11, § 13.
The 2020 amendment, effective July 1, 2020, changed the service credit requirement for certain retirees; and in Subsection B, Paragraph B(1), after "older and", deleted "six" and added "five".
Temporary provisions. — 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.
The 2013 amendment, effective July 1, 2013, increased the age and service requirements for normal retirement under member coverage plan 2 for juvenile correctional officers who were not retired or were members on June 30, 2013; at the beginning of the title, deleted "State hazardous duty" and added "Juvenile correctional officer"; at the beginning of the introductory sentence, after "Under", deleted "state hazardous duty" and added "juvenile correctional officer"; in Subsection A, in the introductory sentence, at the beginning of the sentence, added "for a member who was retired or a member on June 30, 2013"; and added Subsection B.
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.

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.)