New Mexico Statutes
Article 1 - General Provisions Relating to State Educational Institutions
Section 21-1-8 - [Eligibility for retirement pension.]

When any member of the faculty or other employee of any one of said institutions shall have taught or rendered service for not less than twenty (20) years in the schools of this state, the last ten (10) years of which service shall have been rendered at the institution retiring such person, and when such person shall have reached or passed the age of sixty (60) years, he or she shall have the right to request retirement and receive thereafter the full pension provided by this act, and after any such person who has rendered the service hereinabove described shall have reached or passed the age of sixty-five (65) years, the regents or governing body of said institution shall have the right in their discretion to order the retirement of such person with the maximum pension hereinabove set forth; provided, that when any member of the faculty or other employee of any one of said institutions shall have taught or rendered service for not less than twenty-five (25) years in the same institution, such person shall be eligible to request retirement and receive the pension provided when he or she shall have reached or passed the age of fifty-five (55) years.
History: Laws 1941, ch. 210, § 3; 1941 Comp., § 55-2806; 1943, ch. 51, § 1; 1945, ch. 131, § 1; 1953 Comp., § 73-30-4.
Compiler's notes. — "This act" refers to Laws 1941, ch. 210, §§ 1 to 6. Sections 1, 2, 4 to 6, were repealed by Laws 1945, ch. 50, § 12, leaving 21-1-8 NMSA 1978 the only remaining compiled section.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Effect of section. — Even though the amendment by Laws 1945, ch. 131, § 1, of this section is successful, Chapter 131 still cannot be given effect as it is not a complete law, but is rather a provision with respect to the ages of certain persons who under other provisions of the original act (now repealed) were given certain benefits. No person can be retired under Chapter 131. As Laws 1945, ch. 50, is a complete act, eligibility must be determined under that act. 1946 Op. Att'y Gen. No. 46-4883.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 60A Am. Jur. 2d Pensions and Retirement Funds §§ 1614, 1615.
Services included in computing period of service for purpose of teachers' seniority, salary, or retirement benefits, 2 A.L.R.2d 1033.
67 C.J.S. Officers and Public Employees §§ 245, 246; 81A C.J.S. States § 113.

Structure New Mexico Statutes