2021 New Mexico Statutes
Article 11 - Retirement of Public Officers and Employees Generally
Section 10-11-38.5 - Juvenile correctional officer member coverage plan 2; member contribution rate.

A member under juvenile correctional officer member coverage plan 2 shall contribute four and seventy-eight hundredths percent of salary starting with the first full pay period that ends within the calendar month in which juvenile correctional officer member coverage plan 2 becomes applicable to the member, except that a member whose annual salary is greater than twenty-five thousand dollars ($25,000) shall contribute:
A. beginning July 1, 2020 and continuing through June 30, 2021, six and seventy-eight hundredths percent of salary;
B. beginning July 1, 2021 and continuing through June 30, 2022, seven and twenty-eight hundredths percent of salary;
C. beginning July 1, 2022 and continuing through June 30, 2023, seven and seventy-eight hundredths percent of salary; and
D. beginning July 1, 2023 and thereafter, eight and twenty-eight hundredths percent of salary.
History: Laws 1994, ch. 128, § 13; 2009, ch. 127, § 5; 2011, ch. 178, § 5; 2013, ch. 225, § 28; 2020, ch. 11, § 14.
The 2020 amendment, effective July 1, 2020, increased member contribution rates by .5 percent each year for four years for members whose annual salary is greater than twenty-five thousand dollars, and increased the salary amount applicable to the increased member contribution rate; in the introductory clause, after "greater than", deleted "twenty thousand dollars ($20,000)" and added "twenty-five thousand dollars ($25,000)", and after "shall contribute", deleted "six and twenty-eight hundredths percent of salary"; and added Subsections A through D.
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, applied the member contribution rate under member coverage plan 2 to juvenile correctional officers; in the title, deleted "State hazardous duty" and added "Juvenile correctional officer"; and after "under", deleted "state hazardous duty" and added "juvenile correctional officer"; deleted the entire section, which provided for employee contributions at a rate of seven and forty-two 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 six and twenty-eight hundredths percent beginning July 1, 2009, eight and three-hundredths percent beginning July 1, 2011, and six and twenty-eight hundredths 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.

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.)