A. If a member retires and is subsequently employed by any employer covered by any state system or the educational retirement system, the retired member's pension shall be suspended effective the first day of the month following the month in which the subsequent employment begins. The suspended pension of a previously retired member shall resume and be effective the first day of the month following the month in which the member leaves office or terminates the subsequent employment.
B. The right to receive a pension pursuant to the provisions of the Magistrate Retirement Act shall be forfeited if the member is removed from office pursuant to the provisions of Article 6, Section 32 of the constitution of New Mexico and the member's only entitlement from the fund shall be the refund of the member's own contributions.
C. The provisions of Subsection A of this section shall not apply to a retired member who is elected to serve a term as an elected official if the retired member files an irrevocable exemption from membership in any state system with the association within thirty days of taking office. Filing of an irrevocable exemption shall irrevocably bar the retired member from acquiring service credit for the period of exemption from the membership.
History: Laws 1992, ch. 118, § 16; 2001, ch. 104, § 1.
The 2001 amendment, effective June 15, 2001, added Subsection C to the section.
Structure 2021 New Mexico Statutes
Chapter 10 - Public Officers and Employees
Article 12C - Magistrate Retirement
Section 10-12C-1 - Short title.
Section 10-12C-2 - Definitions.
Section 10-12C-3 - Magistrate retirement fund established; administration of fund; accounting funds.
Section 10-12C-4 - Membership.
Section 10-12C-6 - Refund of contributions.
Section 10-12C-8 - Age and service credit requirements for normal retirement.
Section 10-12C-9 - Amount of pension.
Section 10-12C-10 - Member contributions; tax treatment.
Section 10-12C-11 - Employer contributions.
Section 10-12C-12 - Disability retirement pension.
Section 10-12C-13 - Survivor's pension.
Section 10-12C-13.1 - Election form of pension.
Section 10-12C-13.2 - Form of pension payment.
Section 10-12C-13.3 - Death before retirement; survivor pension.
Section 10-12C-14 - Cost-of-living adjustment.
Section 10-12C-15 - Group insurance; continuation.
Section 10-12C-16 - Suspension or forfeiture of benefits.
Section 10-12C-17 - Adjustment of pension.
Section 10-12C-18 - Correction of errors and omissions; estoppel.