Effective July 1, 2014, every judge or justice while in office shall become a member and shall be subject to the provisions of the Judicial Retirement Act; provided, however, that a judge or justice who, prior to July 1, 2014, applied for and received an exemption from membership, shall not become a member until such exemption ends. A judge or justice who is retired under any state system or the educational retirement system shall:
A. pay the applicable member contributions, and the state, through the member's court, shall pay the applicable employer contributions as provided pursuant to the Judicial Retirement Act; and
B. not accrue service credit, and shall not be eligible to purchase service credit nor to retire pursuant to the Judicial Retirement Act.
History: Laws 1992, ch. 111, § 4; 2014, ch. 35, § 3.
The 2014 amendment, effective July 1, 2014, eliminated the optional exemption from membership in the judicial retirement system; required membership; in the first sentence, deleted "Except for any judge or justice who had previously retired pursuant to the provisions of any state system or the educational retirement system" and added "Effective July 1, 2014", after "every judge or justice", added "while in office", after "become a member", deleted "upon appointment or election to that office", after "Judicial Retirement Act", deleted "upon taking office, unless a written application for exemption from membership is filed with the association within ninety days of taking office" and added the remainder of the first sentence; deleted the former second sentence, which provided for revocation of an exemption from membership; added the current second sentence, including Subsections A and B; and deleted the former third sentence, which provided for the resumption of membership upon revocation of an exemption from membership.
Severability. — Laws 2014, ch. 35, § 16 provided that if any part or application of Laws 2014, ch. 35 is held invalid, the remainder or its application to other situations or persons shall not be affected.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 46 Am. Jur. 2d Judges § 59.
48A C.J.S. Judges § 85.
Structure 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-6 - Refund of contributions.
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-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.