New Mexico Statutes
Article 11 - Educational Retirement
Section 22-11-23.2 - Retirement eligibility membership on or after July 1, 2013.

A. A member who initially became a member on or after July 1, 2013 or a member who was a member at any time prior to July 1, 2013 and had, before that date, been refunded all member contributions pursuant to Subsection A of Section 22-11-15 NMSA 1978, and had not restored all refunded contributions and interest before July 1, 2013, shall be eligible for retirement benefits when:
(1) the member is any age and has thirty or more years of earned service credit; provided that the benefits of a member who retires pursuant to this paragraph prior to attaining the age of fifty-five years shall be reduced to an amount equal to the actuarial equivalent of the benefit the member would receive if the member had retired at the age of fifty-five years. The board shall recalculate the actuarial factors on which benefits are reduced no less frequently than every ten years beginning July 1, 2013. The benefits of a retired member that have been reduced at the time of retirement pursuant to this paragraph shall not be subject to further change based upon the board's recalculation of the actuarial factors;
(2) the member is at least sixty-seven years of age and has five or more years of earned service credit; or
(3) the sum of the member's age and years of earned service credit equals at least eighty; provided that a member who retires pursuant to this paragraph shall be subject to the benefit reductions provided in Subsection I of Section 22-11-30 NMSA 1978.
B. A member shall be subject to the provisions of this section as they existed at the beginning of the member's last cumulated four quarters of earned service credit, regardless of later amendment.
History: 1978 Comp., § 22-11-23.2, enacted by Laws 2013, ch. 61, § 4.
Effective dates. — Laws 2013, ch. 61, § 8 made Laws 2013, ch. , § 3 effective July 1, 2013.

Structure New Mexico Statutes

New Mexico Statutes

Chapter 22 - Public Schools

Article 11 - Educational Retirement

Section 22-11-1 - Short title.

Section 22-11-2 - Definitions.

Section 22-11-3 - Educational retirement board; members; terms; vacancies.

Section 22-11-4 - Board; regular and special meetings.

Section 22-11-5 - Board; record; quorum; compensation.

Section 22-11-5.1 - Restrictions on receipt of gifts.

Section 22-11-6 - Board; powers; duties.

Section 22-11-7 - Educational retirement director; bond.

Section 22-11-8 - Medical authority; fees.

Section 22-11-9 - Actuary; fees.

Section 22-11-10 - Salaries; fees; expenditures.

Section 22-11-11 - Educational retirement fund; suspense fund.

Section 22-11-12 - Fund; suspense fund; disbursements.

Section 22-11-13 - Board authority to invest the fund; prudent investor standard; indemnification of board.

Section 22-11-14 - Fund; restrictions.

Section 22-11-15 - Fund; refunds; payments.

Section 22-11-16 - Regular membership.

Section 22-11-16.1 - Regular membership continuation of certain transferred employees.

Section 22-11-16.2 - Substitutes; membership status.

Section 22-11-17 - Provisional membership.

Section 22-11-18 - Repealed.

Section 22-11-19 - Regular or provisional membership; optional coverage.

Section 22-11-19.1 - [Exemption of certain participants covered under Comprehensive Employment and Training Act.]

Section 22-11-19.2 - Regular or provisional membership; regional education cooperatives.

Section 22-11-20 - Repealed.

Section 22-11-21 - Contributions; members; local administrative units.

Section 22-11-21.1 - Member contributions; tax treatment.

Section 22-11-21.2 - Salary calculation; limitations.

Section 22-11-21.3 - Pick up; rollover.

Section 22-11-22 - Payment; records; audits.

Section 22-11-23 - Retirement eligibility; initial membership prior to July 1, 2010.

Section 22-11-23.1 - Retirement eligibility; initial membership on or after July 1, 2010.

Section 22-11-23.2 - Retirement eligibility membership on or after July 1, 2013.

Section 22-11-23.3 - Retirement eligibility; initial membership on or after July 1, 2019.

Section 22-11-24 - Retirement benefits; minimum contributory employment.

Section 22-11-25 - Retirement; reemployment.

Section 22-11-25.1 - Return to employment; benefits; contributions.

Section 22-11-25.2 - Persons receiving retirement benefits pursuant to the Public Employees Retirement Act.

Section 22-11-26 - Death during reemployment.

Section 22-11-27 - Deferred retirement; restriction.

Section 22-11-28 - Applications for retirement; effective date.

Section 22-11-29 - Retirement benefit options.

Section 22-11-30 - Retirement benefits; reductions.

Section 22-11-30.1 - Educational retirement; qualified excess benefit.

Section 22-11-31 - Cost-of-living adjustment; eligibility; based on funded ratio; additional contributions.

Section 22-11-32 - Adjustment of benefits.

Section 22-11-33 - Earned service credit.

Section 22-11-34 - Allowed service credit.

Section 22-11-34.1 - Sick leave service credit.

Section 22-11-35 - Disability benefit; eligibility; medical examination.

Section 22-11-36 - Disability benefit; continued eligibility; re-examinations.

Section 22-11-37 - Disability benefit.

Section 22-11-38 - Disability retirement.

Section 22-11-39 - Report of improved health; penalty.

Section 22-11-40 - Restoration to fund.

Section 22-11-41 - Repealed.

Section 22-11-42 - Nonassignability; division of funds as community property; child support obligations.

Section 22-11-43 - Insurance or banking laws inapplicable.

Section 22-11-44 - Saving clause; retirement benefits; disability benefits.

Section 22-11-44.1 - Repealed.

Section 22-11-45 - Repealed.

Section 22-11-47 - Alternative retirement plan; election of coverage.

Section 22-11-48 - Alternative retirement plan; contributory employment.

Section 22-11-49 - Alternative retirement plan; contributions.

Section 22-11-50 - Alternative retirement plan; tax treatment.

Section 22-11-51 - Alternative retirement plans; benefits; transfer upon unemployment.

Section 22-11-52 - Alternative retirement plan; selection of contractor or carrier; administration.

Section 22-11-53 - Correction of errors and omissions; estoppel.

Section 22-11-54 - Disclosure of third-party marketers; penalty.

Section 22-11-55 - Disclosure of member or retired member information; penalty.