DISABILITY & SURVIVOR PENSIONS CHANGES

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AN ACT
RELATING TO PUBLIC EMPLOYEE PENSIONS; CLARIFYING PROVISIONS
RELATING TO DISABILITY PENSIONS AND SURVIVOR PENSIONS;
ALLOWING STATE FIRE MEMBERS ELIGIBILITY FOR CERTAIN SERVICE
CREDIT RELATING TO WORKERS' COMPENSATION LEAVE; REMOVING
INCONSISTENCIES RELATING TO SURVIVOR PENSIONS; CLARIFYING THE
AMOUNT OF PENSION EARNED BY CERTAIN PUBLIC REGULATION
COMMISSION COMMISSIONERS; ALLOWING THE PUBLIC EMPLOYEES
RETIREMENT ASSOCIATION TO SHARE CERTAIN INFORMATION WITH THE
EDUCATIONAL RETIREMENT BOARD REGARDING CERTAIN RECIPROCITY
RETIREES; CLARIFYING CERTAIN PROVISIONS RELATING TO GIFTS;
CLARIFYING THE REQUIREMENTS FOR A RETIRED MEMBER WHO FILES AN
EXEMPTION FROM MEMBERSHIP UNDER THE MAGISTRATE RETIREMENT
ACT; MAKING TECHNICAL CHANGES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 10-11-4 NMSA 1978 (being Laws 1987,
Chapter 253, Section 4, as amended) is amended to read:
"10-11-4. SERVICE CREDIT--REQUIREMENTS FOR--
FORFEITURE--REINSTATEMENT.--
A. Personal service rendered an affiliated public
employer by a member shall be credited to the member's
service credit account in accordance with retirement board
rules and regulations. Service shall be credited to the
nearest month. In no case shall any member be credited with
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a year of service for less than twelve months of service in
any calendar year or more than a month of service for all
service in any calendar month or more than a year of service
for all service in any calendar year. In no case shall any
member be allowed to purchase service credit unless the
purchase is authorized in the Public Employees Retirement
Act.
B. Personal service rendered an affiliated public
employer prior to August 1, 1947 shall be credited to a
member if the member acquires one year of service credit for
personal service rendered an affiliated public employer.
C. Personal service rendered an affiliated public
employer after July 31, 1947 but prior to the date the public
employer became an affiliated public employer is prior
service and shall be credited to a member if:
(1) the member has the applicable minimum
number of years of service credit required for normal
retirement. As used in this paragraph, "service credit"
means only the service credit earned by the member during
periods of employment with an affiliated public employer; and
(2) the member pays the association the
amount determined in accordance with Subsection D of this
section.
D. The purchase cost for each month of service
credit purchased under the provisions of this section is
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equal to the member's final average salary multiplied by the
sum of the member contribution rate and employer contribution
rate determined in accordance with the coverage plan
applicable to the member at the time of the written election
to purchase. Payment shall be made in accordance with the
procedures established by the retirement board. The portion
of the purchase cost derived from the employer contribution
rate shall be credited to the employers accumulation fund and
shall not be refunded to the member in the event of cessation
of membership. In no case shall any member be credited with
a month of service for less than the purchase cost as defined
in this section.
E. Service credit shall be forfeited if a member
terminates employment with an affiliated public employer and
withdraws the member's accumulated member contributions.
F. A member or former member who is a member of
another state system or the educational retirement system and
who has forfeited service credit by withdrawal of member
contributions may reinstate the forfeited service credit by
repaying the amount withdrawn plus compound interest from the
date of withdrawal to the date of repayment at the rate set
by the retirement board. Withdrawn member contributions
shall be repaid in accordance with the procedures established
by the retirement board."
SECTION 2. Section 10-11-4.2 NMSA 1978 (being Laws
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1993, Chapter 239, Section 1, as amended) is amended to read:
"10-11-4.2. CORRECTION OF ERRORS AND OMISSIONS--
ESTOPPEL.--
A. If an error or omission results in an
overpayment to a member or beneficiary of a member, the
association shall correct the error or omission and adjust
all future payments accordingly. The association shall
recover all overpayments made for a period of up to one year
prior to the date the error or omission was discovered.
B. A person who is paid more than the amount that
is lawfully due to that person as a result of fraudulent
information provided by the person shall be liable for the
repayment of that amount to the association plus interest on
that amount at the rate set by the retirement board plus all
costs of collection, including attorney fees. Recovery of
such overpayments shall extend back to the date the first
payment was made based on the fraudulent information.
C. Statements of fact or law made by retirement
board members or employees of the retirement board or the
association shall not estop the retirement board or the
association from acting in accordance with the applicable
statutes."
SECTION 3. Section 10-11-6.1 NMSA 1978 (being Laws
2016, Chapter 39, Section 2) is amended to read:
"10-11-6.1. SERVICE CREDIT FOR CERTAIN INJURED MEMBERS
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ON APPROVED WORKERS' COMPENSATION LEAVE.--
A. A member whose affiliated public employer has
provided written certification to the association, in the
form and manner prescribed by the association, that the
employee was injured while performing a work-related function
or duty in an inherently dangerous location or under
inherently dangerous circumstances and that the member is
absent from work and has been placed on approved workers'
compensation leave as a result of the injury shall accrue
service credit for the period of absence from work while on
workers' compensation leave; provided that:
(1) the member is a peace officer covered
pursuant to state general member coverage plan 3; a state
police member; a state fire member; an adult correctional
officer member; a municipal fire member; a municipal police
member; or a municipal detention officer member;
(2) the member retains membership in the
association during the period of absence from work on
approved workers' compensation leave; and
(3) the member's affiliated public employer
pays the injured employee's member contributions as well as
the employer contributions and remits to the association the
total amount of employee and employer contributions that
would have been paid if the member had not been absent from
work while on approved workers' compensation leave. The
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contribution amounts shall be calculated based upon a salary
equal to the member's salary at the time of the injury.
B. The affiliated public employer shall provide an
appeal process for an injured employee on approved workers'
compensation leave who is determined by the affiliated public
employer not to meet the criteria in Subsection A of this
section."
SECTION 4. Section 10-11-10.1 NMSA 1978 (being Laws
1993, Chapter 160, Section 3, as amended) is amended to read:
"10-11-10.1. DISABILITY RETIREMENT.--
A. There is created a "disability review
committee" of the retirement board. The disability review
committee shall consist of at least three but not more than
five retirement board members and at least one licensed
physician appointed by the retirement board. The board shall
give preference to a physician licensed in New Mexico. The
disability review committee shall review all applications for
disability retirement, review reports required under this
section and approve or deny applications for disability
retirement.
B. The disability review committee may retire a
member on account of disability before the time the member
would otherwise be eligible for retirement if the following
requirements are satisfied:
(1) the member applying for disability
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retirement was a member at the time the disability was
incurred;
(2) a written application for disability
retirement, in the form and containing the information
prescribed by the association, has been filed with the
association by the member, the member's representative or the
member's affiliated public employer;
(3) employment is terminated within forty-
five days of the date of approval of the application for
disability retirement;
(4) if:
(a) the member has the applicable
minimum number of years of service credit required for normal
retirement. For the purposes of this subparagraph, "service
credit" means only the service credit earned by the member
during periods of employment with an affiliated public
employer; or
(b) the disability review committee
finds the disability to have been the natural and proximate
result of causes arising solely and exclusively out of and in
the course of the member's performance of duty with an
affiliated public employer;
(5) the member submits to all medical
examinations and tests and furnishes copies of all medical
reports requested by the association or disability review
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committee; provided that if the disability review committee
requires independent medical or other examinations, those
examinations shall be performed at the association's expense;
and
(6) the disability review committee makes
the determination required under Subsection C of this
section.
C. The disability review committee shall review
applications for disability retirement to determine whether:
(1) if the member is a currently employed,
contributing employee of an affiliated public employer:
(a) the member is mentally or
physically totally incapacitated for continued employment
with an affiliated public employer; and
(b) the incapacity is likely to be
permanent; or
(2) if the member is not a currently
employed, contributing employee of an affiliated public
employer:
(a) the member is mentally or
physically totally incapacitated for any gainful employment;
and
(b) the incapacity is likely to be
permanent.
D. The disability retirement pension shall be paid
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for a period of one year after approval of the initial
application unless the disability review committee for good
cause shown grants disability retirement for a longer period
of time. Payment shall be effective commencing the first of
the month following approval of the initial application and
termination of employment.
E. At the end of the first year that a disability
retirement pension is paid, the disability retired member's
condition shall be reevaluated to determine eligibility for
continuation of payment of a disability retirement pension.
If the disability retired member has applied for disability
benefits under the federal social security program, the
member shall submit copies of the member's application. The
association shall continue payment of the state disability
retirement pension if the disability retired member presents
a written final determination from the federal social
security administration that the disability retired member
qualifies, based on the same conditions as presented in the
application for a state disability retirement pension, for
federal disability benefits.
F. If the disability retired member applied for
federal disability benefits within thirty days of receiving
approval for a state disability retirement pension but the
federal social security administration has not made a written
final determination of entitlement by the end of the first
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year that the disability retired member has received a state
disability retirement pension, eligibility for continued
payment of the state disability retirement pension shall be
determined by the disability review committee. The state
disability retirement pension shall be discontinued if the
disability review committee finds that the disability retired
member is capable of any gainful employment.
G. The disability retired member shall notify the
association of the federal social security administration's
final determination within fifteen working days of the date
of issuance of the final written determination. If the
federal social security administration denies federal
disability benefits, the state disability retirement pension
shall be discontinued effective the first of the month
following the month in which the written final determination
of the federal social security administration was issued. If
the federal social security administration grants federal
disability benefits, the state disability retirement pension
shall be continued so long as the disability retired member
provides annually, on or before the anniversary date of
commencement of payment of the state disability retirement
pension, written evidence of continuation of payment of
federal disability benefits. If the disability review
committee has denied continuation of payment of a state
disability retirement pension and the disability retired
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member is later granted federal disability benefits, the
state disability retirement pension shall be reinstated
effective the first of the month following the month in which
the state disability retirement pension was discontinued.
H. If, at the time of reevaluation under
Subsection E of this section, the disability retired member
has applied for and has qualified for federal disability
benefits, but for a different condition than was reviewed by
the disability review committee, the disability review
committee shall review the disability retired member's
condition as described by the application for federal
disability benefits. The process set forth in Subsection I
of this section shall be followed to determine whether
payment of a state disability retirement pension should be
continued.
I. If the disability retired member is not
eligible to apply for federal disability benefits or is not a
member of the federal social security program, the disability
review committee annually shall determine eligibility for
continuation of payment of a state disability retirement
pension. To make its determination of continued entitlement,
the disability review committee shall use the guidelines
established by the federal social security administration for
determination of eligibility for federal disability benefits.
The determination shall be based on:
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(1) the medical and all other information
provided by the disability retired member;
(2) at least one independent medical or
other examination performed at the association's expense if
required by the disability review committee; and
(3) any medical, vocational or other
information related to the disability compiled during the
period of disability by any medical or other practitioner
consulted by the disability retired member regarding the
disability that was not paid for by the association.
J. Each disability retired member annually shall
submit to the association, prior to July 1, a statement of
earnings from gainful employment during the preceding
calendar year. The statement of earnings shall be in the
form prescribed by the association. Payment of the state
disability retirement pension shall be discontinued if the
amount of earnings from gainful employment is one hundred
percent or more of the amount that causes a decrease or
suspension of an old age benefit under the federal social
security program. Payment of the state disability retirement
pension shall be discontinued starting with the month of July
if the statement of earnings is not received by the
association prior to July 1.
K. Upon prior approval by the association, a
disability retired member may return to employment with an
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affiliated public employer or other employer for a trial
period not to exceed one hundred twenty calendar days without
becoming a member or causing suspension or discontinuation of
payment of a state disability retirement pension. If the
trial period of employment is successfully completed, payment
of the disability retirement pension shall be discontinued
beginning the first of the month following the one hundred
twentieth day of the trial period of employment. Trial
periods of employment shall be limited to two in any five-
year period following disability retirement.
L. If the disability retired member meets the
minimum age and service credit requirements for normal
retirement while receiving a disability retirement pension,
the disability retirement pension shall be reclassified by
the association as a normal retirement pension, and no
further determinations of eligibility for continuation of
payment of the disability retirement pension shall be made.
Upon reclassification as a normal retirement pension, all the
provisions of the Public Employees Retirement Act regarding
normal retirement shall be applicable.
M. If the disability review committee found the
disability to be the natural and proximate result of causes
arising solely and exclusively out of and in the course of
the member's employment with an affiliated public employer,
service credit shall continue to accrue during the disability
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retirement period as though the disability retired member was
actively employed.
N. The amount of a disability retirement pension
shall be calculated according to the provisions of the
coverage plan applicable to the member at the time of
application, except that the service credit requirement shall
be waived and the actual amount of service credit shall be
used instead. If the disability is the natural and proximate
result of causes arising solely and exclusively out of and in
the course of the member's performance of duty for an
affiliated public employer, the amount of disability
retirement pension shall be calculated according to the
provisions of the coverage plan applicable to the member,
imputing the amount of service credit necessary to meet the
minimum service credit requirements for normal retirement.
O. For the purposes of this section, the following
definitions apply:
(1) "continued employment with the
affiliated public employer" means the ability of the member
to fulfill the required duties of the position in which the
member was last employed by an affiliated public employer;
(2) "gainful employment" means remunerative
employment or self-employment that is commensurate with the
applicant's background, age, education, experience and any
new skills or training the applicant may have acquired after
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terminating public employment or incurring the disability;
(3) "state disability retirement pension"
means the pension paid pursuant to the provisions of this
section; and
(4) "federal disability benefits" means
those benefits paid by the federal social security program."
SECTION 5. Section 10-11-14.5 NMSA 1978 (being Laws
1993, Chapter 160, Section 4, as amended) is amended to read:
"10-11-14.5. DEATH BEFORE RETIREMENT--SURVIVOR
PENSIONS.--
A. A survivor pension may be paid to certain
persons related to or designated by a member who dies before
normal or disability retirement if a written application for
the pension, in the form prescribed by the association, is
filed with the association by the potential survivor
beneficiary or beneficiaries within one year of the death of
the member. Applications may be filed on behalf of the
potential survivor beneficiary or beneficiaries or by a
person legally authorized to represent them.
B. If the retirement board finds the death to have
been the natural and proximate result of causes arising
solely and exclusively out of and in the course of the
member's performance of duty with an affiliated public
employer, a survivor pension shall be payable to the
designated survivor beneficiary. If there is no designated
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survivor beneficiary, a survivor pension shall be payable to
the eligible surviving spouse. The amount of the survivor
pension shall be the greater of:
(1) the amount as calculated under the
coverage plan applicable to the deceased member at the time
of death as though the deceased member had retired the day
preceding death under form of payment B using the actual
amount of service credit attributable to the deceased member
at the time of death; or
(2) fifty percent of the deceased member's
final average salary.
C. A survivor pension shall also be payable to
eligible surviving children if the retirement board finds the
death to have been the natural and proximate result of causes
arising solely and exclusively out of and in the course of
the member's performance of duty with an affiliated public
employer. The survivor pension shall be payable to and
divided equally among all eligible surviving children, if
any. The total amount of survivor pension payable for all
eligible surviving children shall be either:
(1) fifty percent of the deceased member's
final average salary if an eligible surviving spouse or
designated survivor beneficiary is not paid a pension; or
(2) twenty-five percent of the deceased
member's final average salary if an eligible surviving spouse
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or designated survivor beneficiary is paid a pension.
D. If the member had the applicable minimum number
of years of service credit required for normal retirement,
but the retirement board did not find the death to have been
the natural and proximate result of causes arising solely and
exclusively out of and in the course of the member's
performance of duty with an affiliated public employer, a
survivor pension shall be payable to the designated survivor
beneficiary. If there is no designated survivor beneficiary,
a survivor pension shall be payable to the eligible surviving
spouse. The amount of the survivor pension shall be the
greater of:
(1) the amount as calculated under the
coverage plan applicable to the deceased member at the time
of death as though the deceased member had retired the day
preceding death under form of payment B using the total
amount of actual service credit attributable to the deceased
member at the time of death; or
(2) thirty percent of the deceased member's
final average salary.
E. If the member had the applicable minimum number
of years of service credit required for normal retirement,
but the retirement board did not find the death to have been
the natural and proximate result of causes arising solely and
exclusively out of and in the course of the member's
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performance of duty with an affiliated public employer and
there is no designated survivor beneficiary, and if there is
no eligible surviving spouse at the time of death, a survivor
pension shall be payable to and divided equally among all
eligible surviving children, if any. The total amount of
survivor pension payable for all eligible surviving children
shall be the greater of:
(1) the amount as calculated under the
coverage plan applicable to the deceased member at the time
of death as though the deceased member had retired the day
preceding death under form of payment B with the oldest
eligible surviving child as the survivor beneficiary using
the total amount of actual service credit attributable to the
deceased member at the time of death; or
(2) thirty percent of the deceased member's
final average salary.
F. An eligible surviving spouse is the spouse to
whom the deceased member was married at the time of death.
An eligible surviving child is a child under the age of
eighteen years and who is an unmarried, natural or adopted
child of the deceased member and who is not the designated
survivor beneficiary of the deceased member.
G. An eligible surviving spouse's pension shall
terminate upon death. An eligible surviving child's pension
shall terminate upon death or marriage or reaching age
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eighteen years, whichever comes first.
H. If there is no eligible surviving child, the
designated survivor beneficiary or eligible surviving spouse
may elect to be refunded the deceased member's accumulated
member contributions instead of receiving a survivor pension.
I. A member may designate a survivor beneficiary
to receive a pre-retirement survivor pension, subject to the
following conditions:
(1) a written designation, in the form
prescribed by the association, is filed by the member with
the association;
(2) if the member is married at the time of
designation, the designation shall only be made with the
consent of the member's spouse, in the form prescribed by the
association;
(3) if the member is married subsequent to
the time of designation, any prior designations shall
automatically be revoked upon the date of the marriage;
(4) if the member is divorced subsequent to
the time of designation, any prior designation of the former
spouse as survivor beneficiary shall automatically be revoked
upon the date of divorce; and
(5) a designation of survivor beneficiary
may be changed, with the member's spouse's consent if the
member is married, by the member at any time prior to the
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member's death.
J. If all pension payments permanently terminate
before there is paid an aggregate amount equal to the
deceased member's accumulated member contributions at time of
death, the difference between the amount of accumulated
member contributions and the aggregate amount of pension paid
shall be paid to the deceased member's refund beneficiary.
If no refund beneficiary survives the survivor beneficiary,
the difference shall be paid to the estate of the deceased
member.
K. For purposes of this section, "service credit"
means only the service credit earned by a member during
periods of employment with an affiliated public employer."
SECTION 6. Section 10-11-26.3 NMSA 1978 (being Laws
1994, Chapter 128, Section 4, as amended) is amended to read:
"10-11-26.3. STATE GENERAL MEMBER COVERAGE PLAN 3--
AMOUNT OF PENSION--FORM OF PAYMENT A.--Under state general
member coverage plan 3:
A. for a member with age and service requirements
provided under Paragraph (1) or (3) of Subsection A of
Section 10-11-26.2 NMSA 1978, the amount of pension under
form of payment A is equal to three percent of final average
salary multiplied by service credit. The amount shall not
exceed one hundred percent of the final average salary; and
B. for a member with age and service requirements
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provided under Paragraph (2) or (4) of Subsection A of
Section 10-11-26.2 NMSA 1978, the amount of pension under
form of payment A is equal to two and one-half percent of the
final average salary multiplied by service credit. The
amount shall not exceed one hundred percent of the final
average salary."
SECTION 7. Section 10-11-130 NMSA 1978 (being Laws
1987, Chapter 253, Section 130, as amended) is amended to
read:
"10-11-130. RETIREMENT BOARD--AUTHORITY--MEMBERSHIP.--
A. The "retirement board" is created and is the
trustee of the association and the funds created by the state
retirement system acts and has all the powers necessary or
convenient to carry out and effectuate the purposes and
provisions of the state retirement system acts, including, in
addition to any specific powers provided for in the Public
Employees Retirement Act but without limiting the generality
of the foregoing, the power to:
(1) administer the state retirement system
acts, including the management of the association and making
effective the provisions of those acts, as well as to
administer and manage any other employee benefit acts as
provided by law;
(2) in addition to utilizing services of the
attorney general and notwithstanding any other provision of
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law, employ or contract with and compensate competent legal
counsel to handle the legal matters and litigation of the
retirement board and the association and to give advice and
counsel in regard to any matter connected with the duties of
the retirement board;
(3) administer oaths;
(4) adopt and use a seal for authentication
of records, processes and proceedings;
(5) create and maintain records relating to
all members, affiliated public employers and all activities
and duties required of the retirement board;
(6) issue subpoenas and compel the
production of evidence and attendance of witnesses in
connection with any hearings or proceedings of the retirement
board;
(7) make and execute contracts;
(8) purchase, acquire or hold land adjacent
to the state capitol grounds or other suitable location and
build thereon a building to house the association and its
employees and, in the event additional office space is
available in the building after the retirement board and its
employees have been housed, to rent or lease the additional
space to any public agency or private person; provided that
first priority for the rental or leasing shall be to public
agencies; and further provided that for the purpose of
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purchasing, acquiring or holding the land and the building
thereon, the retirement board may use funds from the income
fund and any other funds controlled by the retirement board
the use of which for such purposes is not prohibited by law;
(9) after the sale of the land and building
acquired pursuant to Paragraph (8) of this subsection,
acquire land and build thereon a new building to house the
association and its employees and hold the building and land
in fee simple in the name of the association. In order to
acquire the land and plan, design and construct the building,
the retirement board may expend the proceeds of the sale of
the land and building acquired pursuant to Paragraph (8) of
this subsection or any funds controlled by the board, the use
of which for such purposes is not otherwise prohibited by
law;
(10) make and adopt such reasonable rules as
may be necessary or convenient to carry out the duties of the
retirement board and activities of the association, including
any rules necessary to preserve the status of the association
as a qualified pension plan under the provisions of the
Internal Revenue Code of 1986, as amended, or under successor
or related provisions of law;
(11) designate committees and designate
committee members, including individuals who may not be
members of the association; and
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(12) select and contract for the services of
one or more custodian banks for all funds under the
retirement board's management. For the purpose of this
paragraph, "custodian bank" means a financial institution
with the general fiduciary duties to manage, control and
collect the assets of an investment fund, including receiving
all deposits and paying all disbursements as directed by
staff, safekeeping of assets, coordination of asset
transfers, timely settlement of securities transactions and
accurate and timely reporting of the assets by individual
account and in total.
B. The retirement board consists of:
(1) the secretary of state;
(2) the state treasurer;
(3) four members under a state coverage plan
to be elected by the members under state coverage plans;
(4) four members under a municipal coverage
plan to be elected by the members under municipal coverage
plans; provided that one member shall be a municipal member
employed by a county; and
(5) two retired members to be elected by the
retired members of the association.
C. The results of elections of elected members of
the retirement board shall be certified at the annual meeting
of the association. Elections shall be conducted according
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to rules the retirement board adopts from time to time.
D. The regular term of office of the elected
members of the retirement board is four years. The term of
one retirement board member under a state coverage plan
expires annually on December 31. The terms of retirement
board members under a municipal coverage plan expire on
December 31 of noncoinciding years in the pattern set by the
retirement board. Members of the retirement board serve
until their successors have qualified.
E. A member elected to the retirement board who
fails to attend four consecutively scheduled meetings of the
retirement board, unless in each case excused for cause by
the retirement board members in attendance, is considered to
have resigned from the retirement board, and the retirement
board shall by resolution declare the office vacated as of
the date of adoption of the resolution. A vacancy occurring
on the retirement board, except in the case of an elected
official, shall be filled by the remaining retirement board
members, without requirement that a quorum be present. The
member appointed to fill the vacancy serves for the remainder
of the vacated term.
F. Members of the retirement board serve without
salary for their services as retirement board members, but
they shall receive those amounts authorized under the Per
Diem and Mileage Act.
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G. The retirement board shall hold four regular
meetings each year and shall designate in advance the time
and place of the meetings. Special meetings and emergency
meetings of the retirement board may be held upon call of the
chair or any three members of the retirement board. Written
notice of special meetings shall be sent to each member of
the retirement board at least seventy-two hours in advance of
the special meeting. Verbal notice of emergency meetings
shall be given to as many members as is feasible at least
eight hours before the emergency meeting, and the meeting
shall commence with a statement of the nature of the
emergency. The retirement board shall adopt its own rules of
procedure and shall keep a record of its proceedings. All
meetings of the retirement board shall comply with the Open
Meetings Act. A majority of retirement board members shall
constitute a quorum. Each attending member of the retirement
board is entitled to one vote on each question before the
retirement board, and at least a majority of a quorum shall
be necessary for a decision by the retirement board.
H. Annual meetings of the members of the
association shall be held in Santa Fe at such time and place
as the retirement board shall from time to time determine.
Special meetings of the members of the association shall be
held in Santa Fe upon call of any seven retirement board
members. The retirement board shall send a written notice to
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the last known residence address of each member currently
employed by an affiliated public employer at least ten days
prior to any meeting of the members of the association. The
notice shall contain the call of the meeting and the
principal purpose of the meeting. All meetings of the
association shall be public and shall be conducted according
to procedures the retirement board shall from time to time
adopt. The retirement board shall keep a record of the
proceedings of each meeting of the association.
I. Except as provided in Subsection J of this
section, neither the retirement board nor the association
shall allow public inspection of, or disclosure of, the
following information:
(1) information from any member or retiree
file unless a prior release and consent, in the form
prescribed by the association, has been executed by the
member or retiree; or
(2) information otherwise protected by law.
J. Notwithstanding the provisions of Paragraph (1)
of Subsection I of this section, the association may disclose
the following information:
(1) applicable coverage plans, amounts of
retirement plan contributions made by members and affiliated
public employers and aggregate pension amounts paid;
(2) the names and addresses of members or
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retirees that are requested solely for election purposes by
candidates for election to the retirement board; and
(3) member file information to the
educational retirement board for the purpose of administering
the provisions of the Public Employees Retirement Reciprocity
Act."
SECTION 8. Section 10-11-130.1 NMSA 1978 (being Laws
1999, Chapter 153, Section 1) is amended to read:
"10-11-130.1. RESTRICTIONS ON RECEIPT OF GIFTS--
RESTRICTION ON CAMPAIGN CONTRIBUTIONS--REQUIRED REPORTING.--
A. Members of the retirement board and employees
of the association shall comply with the provisions of the
Gift Act.
B. No person who is a candidate in a primary or
general election for a position that qualifies the person for
ex-officio membership on the retirement board, no member
serving ex officio on the retirement board and no person who
is a nominee for retirement board membership by election by
some or all of the members of the association pursuant to the
Public Employees Retirement Act shall accept anything of a
value of more than twenty-five dollars ($25.00) as a
contribution to an ex-officio member's statewide campaign in
a primary or general election or as a contribution to the
campaign of a nominee for membership on the board as a member
elected by all or some of the members of the association from
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a person who:
(1) has a current contract with the
retirement board or association;
(2) is a potential bidder, offeror or
contractor for the provision of services or personal property
to the retirement board or association;
(3) is authorized to invest public funds
pursuant to state or federal law or is an employee or agent
of such a person; or
(4) is an organization, association or other
entity having a membership that includes persons described in
Paragraphs (1) through (3) of this subsection.
C. Within ten days after an election in which one
or more board members are elected by some or all of the
members of the association pursuant to the Public Employees
Retirement Act, all persons who were candidates for board
membership in that election shall file with the association a
report disclosing all contributions to their respective
campaigns whether made directly to the candidate, a political
action committee or to some other entity supporting the
candidate's election. The contributions shall be reported by
amount and specific source. Within sixty days after the
election, the association shall publish the reports required
by this subsection."
SECTION 9. Section 10-11-135 NMSA 1978 (being Laws
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1987, Chapter 253, Section 135, as amended) is amended to
read:
"10-11-135. FUNDS NOT SUBJECT TO PROCESS.--Except as
provided in Sections 10-11-136 and 10-11-136.1 NMSA 1978,
none of the money, pensions or other benefits mentioned in
the Public Employees Retirement Act shall be assignable
either in law or in equity or be subject to execution, levy,
attachment, garnishment or other legal process, except as
required by federal law or pursuant to federal action or
order of a federal court or federal agency."
SECTION 10. Section 10-11A-7 NMSA 1978 (being Laws
1983, Chapter 263, Section 7, as amended) is amended to read:
"10-11A-7. RETIREMENT ANNUITY--SURVIVING BENEFICIARY.--
A member may designate a spouse or dependent child as a
beneficiary. In the event a retirement annuitant dies, the
surviving beneficiary shall receive an annuity equal to two-
thirds of the retirement annuity being paid to the retirement
annuitant at the time of death; provided that the annuity
paid to a beneficiary spouse shall cease upon the surviving
spouse's death and the annuity paid to a beneficiary
dependent child shall cease upon the child reaching eighteen
years of age or upon the child's death, whichever comes
first."
SECTION 11. Section 10-12C-4 NMSA 1978 (being Laws
1992, Chapter 118, Section 4, as amended by Laws 2014,
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Chapter 39, Section 3 and by Laws 2014, Chapter 43, Section
3) is amended to read:
"10-12C-4. MEMBERSHIP.--Unless an irrevocable exemption
is filed pursuant to Subsection C of Section 10-12C-16 NMSA
1978, every magistrate while in office shall become a member
and shall be subject to the provisions of the Magistrate
Retirement Act. A magistrate who is retired under any state
system or the educational retirement system, including a
magistrate who is otherwise exempt from the provisions of the
Magistrate Retirement Act, shall:
A. pay the applicable member contributions and the
state, through the administrative office of the courts, shall
pay the applicable employer contributions as provided
pursuant to the Magistrate Retirement Act; and
B. not accrue a service credit and shall not be
eligible to purchase service credit nor to retire pursuant to
the Magistrate Retirement Act."
SECTION 12. Section 10-12C-8 NMSA 1978 (being Laws
1992, Chapter 118, Section 8, as amended by Laws 2014,
Chapter 39, Section 5 and by Laws 2014, Chapter 43, Section
5) is amended to read:
"10-12C-8. AGE AND SERVICE CREDIT REQUIREMENTS FOR
NORMAL RETIREMENT.--
A. For a magistrate who was a member on June 30,
2014, the age and service credit requirements for retirement
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provided for in the Magistrate Retirement Act are:
(1) age sixty-five years or older and five
or more years of service credit;
(2) age sixty years or older and fifteen or
more years of service credit; or
(3) any age and twenty-four or more years of
service credit.
B. For a magistrate who initially became a member
on or after July 1, 2014, the age and service requirements
for normal retirement provided for in the Magistrate
Retirement Act are:
(1) age sixty-five years or older and eight
or more years of service credit;
(2) age sixty years or older and fifteen or
more years of service credit; or
(3) any age and twenty-four or more years of
service credit.
C. Except for a member who is retired under any
state system or the educational retirement system, if a
member leaves office for any reason, other than removal
pursuant to Article 6, Section 32 of the constitution of New
Mexico before meeting the age and service credit requirements
for retirement pursuant to the provisions of this section and
if that member leaves the member contributions on deposit in
the fund, that member may apply for retirement when that
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member meets the age and service credit requirements for
retirement pursuant to the provisions of the Magistrate
Retirement Act or provisions of the Public Employees
Retirement Reciprocity Act.
D. No member shall be eligible to receive a
pension pursuant to the provisions of the Magistrate
Retirement Act while serving a term of office for which
service credit is accrued."
SECTION 13. APPLICABILITY.--The provisions of Section 3
of this act shall apply to approved workers' compensation
leave that was taken by a member prior to or after the
effective date of this act.