2021 New Mexico Statutes
Article 12B - Judicial Retirement
Section 10-12B-1 - Short title.

Chapter 10, Article 12B NMSA 1978 may be cited as the "Judicial Retirement Act".
History: Laws 1992, ch. 111, § 1; 2011, ch. 178, § 7.
The 2011 amendment, effective July 1, 2011, changed the statutory reference to the act.
Impairment of contract and repeal of tax exemption. — Because no private contractual rights were granted by the retirement plan, there was no impairment or breach of contract resulting from the 1990 repeal of the tax exemption provision contained in former Section 10-12-18 NMSA 1978 and, although the plan conferred property rights that vested upon accumulating minimum earned service credits, those rights did not include the right to receive pension benefits exempt from tax. Pierce v. State, 1996-NMSC-001, 121 N.M. 212, 910 P.2d 288.
Due process and repeal of tax exemption. — Because the retirement plan provided no contractual or vested right to receive an irrevocable tax exemption, there was no constitutionally protected private interest in the tax exemption and there was no due process violation when the exemption was repealed. Pierce v. State, 1996-NMSC-001, 121 N.M. 212, 910 P.2d 288.

Structure 2021 New Mexico Statutes

2021 New Mexico Statutes

Chapter 10 - Public Officers and Employees

Article 12B - Judicial Retirement

Section 10-12B-1 - Short title.

Section 10-12B-2 - Definitions.

Section 10-12B-3 - Judicial retirement fund established; administration of fund; accounting funds.

Section 10-12B-4 - Membership.

Section 10-12B-5 - Service credit; reinstatement of forfeited service; prior service; military service.

Section 10-12B-6 - Refund of contributions.

Section 10-12B-7 - Funds not subject to legal process; division of funds as community property; legal process to satisfy child support obligations.

Section 10-12B-8 - Age and service credit requirements for normal retirement.

Section 10-12B-9 - Amount of pension.

Section 10-12B-10 - Member contributions; tax treatment.

Section 10-12B-11 - Employer contributions.

Section 10-12B-12 - Early retirement.

Section 10-12B-13 - Disability retirement pension.

Section 10-12B-14 - Survivor's pension.

Section 10-12B-14.1 - Election form of pension.

Section 10-12B-14.2 - Form of pension payment.

Section 10-12B-14.3 - Death before retirement; survivor pension.

Section 10-12B-15 - Cost-of-living adjustment.

Section 10-12B-15.1 - Qualified pension recipient; cost-of-living-adjustment wait period; declining increase.

Section 10-12B-16 - Group insurance; continuation.

Section 10-12B-17 - Suspension or forfeiture of benefits.

Section 10-12B-18 - Adjustment of pension.

Section 10-12B-19 - Corrections of errors and omissions; estoppel.