HOUSE BILL 213
48th legislature - STATE OF NEW MEXICO - second session, 2008
INTRODUCED BY
Ben Lujan
AN ACT
RELATING TO PUBLIC EMPLOYEES RETIREMENT; PROVIDING AN ALTERNATIVE RETIREMENT PLAN FOR SPECIAL INVESTIGATION OFFICERS AND AN ALTERNATIVE RETIREMENT PLAN FOR MOTOR TRANSPORTATION OFFICERS; RECONCILING MULTIPLE AMENDMENTS TO THE SAME SECTION OF LAW IN LAWS 2003.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 10-11-2 NMSA 1978 (being Laws 1987, Chapter 253, Section 2, as amended) is amended to read:
"10-11-2. DEFINITIONS.--As used in the Public Employees Retirement Act:
A. "accumulated member contributions" means the amounts deducted from the salary of a member and credited to the member's individual account, together with interest, if any, credited to that account;
B. "affiliated public employer" means the state and any public employer affiliated with the association as provided in the Public Employees Retirement Act, but does not include an employer pursuant to the Magistrate Retirement Act, the Judicial Retirement Act or the Educational Retirement Act;
C. "association" means the public employees retirement association established under the Public Employees Retirement Act;
D. "disability retired member" means a retired member who is receiving a pension pursuant to the disability retirement provisions of the Public Employees Retirement Act;
E. "disability retirement pension" means the pension paid pursuant to the disability retirement provisions of the Public Employees Retirement Act;
F. "educational retirement system" means that retirement system provided for in the Educational Retirement Act;
G. "employee" means [any] an employee of an affiliated public employer;
H. "federal social security program" means that program or those programs created and administered pursuant to the act of congress approved August 14, 1935, Chapter 531, 49 Stat. 620, as that act may be amended;
I. "final average salary" means the final average salary calculated in accordance with the provisions of the applicable coverage plan;
J. "form of payment" means the applicable form of payment of a pension provided for in Section 10-11-117 NMSA 1978;
K. "former member" means a person who was previously employed by an affiliated public employer, who has terminated that employment and who has received a refund of member contributions;
L. "fund" means the funds included under the Public Employees Retirement Act;
M. "member" means a currently employed, contributing employee of an affiliated public employer, or a person who has been but is not currently employed by an affiliated public employer, who has not retired and who has not received a refund of member contributions; "member" also includes the following:
(1) "adult correctional officer member" means a member who is an adult correctional officer or an adult correctional officer specialist employed by a correctional facility of the corrections department or its successor agency;
(2) "hazardous duty member" means a member who is a juvenile correctional officer employed by the children, youth and families department or its successor agency;
(3) "motor transportation officer member" means a member who is an officer of the motor transportation division of the department of public safety and who has taken the oath prescribed for such officers;
[(3)] (4) "municipal detention officer member" means a member who is employed by an affiliated public employer other than the state and who has inmate custodial responsibilities at a facility used for the confinement of persons charged with or convicted of a violation of a law or ordinance;
[(4)] (5) "municipal fire member" means any member who is employed as a full-time nonvolunteer firefighter by an affiliated public employer and who has taken the oath prescribed for firefighters;
[(5)] (6) "municipal police member" means any member who is employed as a police officer by an affiliated public employer, other than the state, and who has taken the oath prescribed for police officers; [and]
(7) "special investigation officer member" means a member who is an officer of the special investigations division of the department of public safety and who has taken the oath prescribed for such officers; and
[(6)] (8) "state police member" means any member who is an officer of the New Mexico state police and who has taken the oath prescribed for such officers;
N. "membership" means membership in the association;
O. "pension" means a series of monthly payments to a retired member or survivor beneficiary as provided in the Public Employees Retirement Act;
P. "public employer" means the state, any municipality, city, county, metropolitan arroyo flood control authority, economic development district, regional housing authority, soil and water conservation district, entity created pursuant to a joint powers agreement, council of government, conservancy district, irrigation district, water and sanitation district, water district and metropolitan water board, including the boards, departments, bureaus and agencies of a public employer, so long as these entities fall within the meaning of governmental plan as that term is used in Section 414(d) of the Internal Revenue Code of 1986, as amended;
Q. "refund beneficiary" means a person designated by the member, in writing, in the form prescribed by the association, as the person who would be refunded the member's accumulated member contributions payable if the member dies and no survivor pension is payable or who would receive the difference between pension paid and accumulated member contributions if the retired member dies before receiving in pension payments the amount of the accumulated member contributions;
R. "retire" means to:
(1) terminate employment with all employers covered by any state system or the educational retirement system; and
(2) receive a pension from a state system or the educational retirement system;
S. "retired member" means a person who has met all requirements for retirement and who is receiving a pension from the fund;
T. "retirement board" means the retirement board provided for in the Public Employees Retirement Act;
U. "salary" means the base salary or wages paid a member, including longevity pay, for personal services rendered an affiliated public employer. "Salary" shall not include overtime pay, allowances for housing, clothing, equipment or travel, payments for unused sick leave, unless the unused sick leave payment is made through continuation of the member on the regular payroll for the period represented by that payment, and any other form of remuneration not specifically designated by law as included in salary for Public Employees Retirement Act purposes. Salary in excess of the limitations set forth in Section 401(a) (17) of the Internal Revenue Code of 1986, as amended, shall be disregarded. The limitation on compensation for eligible employees shall not be less than the amount that was allowed to be taken into account under the state retirement system acts in effect on July 1, 1993. For purposes of this subsection, "eligible employee" means an individual who was a member of a state system before the first plan year beginning after December 31, 1995;
V. "state system" means the retirement programs provided for in the Public Employees Retirement Act, the Magistrate Retirement Act and the Judicial Retirement Act;
W. "state retirement system acts" means collectively the Public Employees Retirement Act, the Magistrate Retirement Act, the Judicial Retirement Act and the Volunteer Firefighters Retirement Act; and
X. "survivor beneficiary" means a person who receives a pension or who has been designated to be paid a pension as a result of the death of a member or retired member."
Section 2. Section 10-11-27 NMSA 1978 (being Laws 1987, Chapter 253, Section 27, as amended by Laws 2003, Chapter 268, Section 9 and by Laws 2003, Chapter 269, Section 1) is amended to read:
"10-11-27. STATE [POLICE MEMBER AND ADULT CORRECTIONAL] OFFICER MEMBER COVERAGE PLAN 1--APPLICABILITY.--
A. State [police member and adult correctional] officer member coverage plan 1 is applicable to state police members who are not specifically covered by another coverage plan and to adult correctional officer members, motor transportation officer members and special investigation officer members. The credited service of a state police member who has held the permanent rank of patrolman, sergeant, lieutenant or captain and does not hold an exempt rank or who is assigned to the aircraft division as a pilot [or] and the credited service of an adult correctional officer member, a motor transportation officer member or a special investigation officer member shall have actual credited service increased by twenty percent for the purposes of state [police] officer member coverage plan 1.
B. State [police member and adult correctional] officer member coverage plan 1 is applicable to:
(1) adult correctional officer members in the first full pay period after July 1, 2004 if the retirement board certifies to the secretary of state that, of those adult correctional officer members to be covered under state [police member and adult correctional] officer member coverage plan 1, a majority of the members voting have voted to approve adoption of that plan at an election conducted pursuant to [Section 16 of this 2003 act] Laws 2003, Chapter 268, Section 16;
(2) motor transportation officer members in the first full pay period after July 1, 2009 if the retirement board certifies to the secretary of state that, of those motor transportation officer members to be covered under state officer member coverage plan 1, a majority of the members voting have voted to approve adoption of that plan at an election conducted pursuant to Section 9 of this 2008 act; and
(3) state investigation officer members in the first full pay period after July 1, 2009 if the retirement board certifies to the secretary of state that, of those state investigation officer members to be covered under state officer member coverage plan 1, a majority of the members voting have voted to approve adoption of that plan at an election conducted pursuant to Section 9 of this 2008 act."
Section 3. Section 10-11-27.1 NMSA 1978 (being Laws 2003, Chapter 268, Section 10) is amended to read:
"10-11-27.1. STATE [POLICE MEMBER AND ADULT CORRECTIONAL] OFFICER MEMBER COVERAGE PLAN 1--SERVICE CREDIT REQUIRED.--Notwithstanding the provisions of Section 10-11-27 NMSA 1978, to qualify for payment under state [police member and adult correctional] officer member coverage plan 1:
A. an adult correctional officer member shall have eighteen months of service credit earned under the state [police member and adult correctional] officer member coverage plan 1 subsequent to July 1, 2004; and
B. a motor transportation officer member or a special investigation officer member shall have thirty-six months of service credit earned under the state officer member coverage plan 1 subsequent to July 1, 2009."
Section 4. Section 10-11-28 NMSA 1978 (being Laws 1987, Chapter 253, Section 28, as amended) is amended to read:
"10-11-28. STATE [POLICE MEMBER AND ADULT CORRECTIONAL] OFFICER MEMBER COVERAGE PLAN 1--AGE AND SERVICE REQUIREMENTS FOR NORMAL RETIREMENT.--Under state [police member and adult correctional] officer member coverage plan 1, the age and service requirements for normal retirement are:
A. age sixty-five years or older and five or more years of credited service;
B. age sixty-four years and eight or more years of credited service;
C. age sixty-three years and eleven or more years of credited service;
D. age sixty-two years and fourteen or more years of credited service;
E. age sixty-one years and seventeen or more years of credited service;
F. age sixty years and twenty or more years of credited service; or
G. any age and twenty-five or more years of credited service."
Section 5. Section 10-11-29 NMSA 1978 (being Laws 1987, Chapter 253, Section 29, as amended) is amended to read:
"10-11-29. STATE [POLICE MEMBER AND ADULT CORRECTIONAL] OFFICER MEMBER COVERAGE PLAN 1--AMOUNT OF PENSION--FORM OF PAYMENT A.--Under state [police member and adult correctional] officer member coverage plan 1, the amount of pension under form of payment A is equal to three percent of final average salary multiplied by credited service. The amount shall not exceed eighty percent of the final average salary."
Section 6. Section 10-11-30 NMSA 1978 (being Laws 1987, Chapter 253, Section 30, as amended) is amended to read:
"10-11-30. STATE [POLICE MEMBER AND ADULT CORRECTIONAL] OFFICER MEMBER COVERAGE PLAN 1--FINAL AVERAGE SALARY.--Under state [police member and adult correctional] officer member coverage plan 1, the final average salary is one thirty-sixth of the greatest aggregate amount of salary paid a member for thirty-six consecutive months of credited service. Under state [police member and adult correctional] officer member coverage plan 1, if a [state police] member has less than thirty-six months of credited service, the final average salary is the aggregate amount of salary paid a member for the member's period of credited service divided by the member's credited service."
Section 7. Section 10-11-31 NMSA 1978 (being Laws 1987, Chapter 253, Section 31, as amended) is amended to read:
"10-11-31. STATE [POLICE MEMBER AND ADULT CORRECTIONAL] OFFICER MEMBER COVERAGE PLAN 1--MEMBER CONTRIBUTION RATE.--A member under state [police member and adult correctional] officer member coverage plan 1 shall contribute seven and six-tenths percent of salary."
Section 8. Section 10-11-32 NMSA 1978 (being Laws 1987, Chapter 253, Section 32, as amended) is amended to read:
"10-11-32. STATE [POLICE MEMBER AND ADULT CORRECTIONAL] OFFICER MEMBER COVERAGE PLAN 1--STATE CONTRIBUTION RATE.--The state shall contribute twenty-five and one-tenth percent of the salary of each member under state [police member and adult correctional] officer member coverage plan 1."
Section 9. TEMPORARY PROVISION--STATE OFFICER MEMBER COVERAGE PLAN 1--ELECTIONS.--
A. On or before October 1, 2008, the public employees retirement board shall conduct an election to submit to motor transportation officer members currently contributing under state general member coverage plan 3 the question of adopting state officer member coverage plan 1. The election shall be conducted in accordance with procedures adopted by the public employees retirement board, and the retirement board shall certify the results of the election to the secretary of state on or before November 1, 2008.
B. On or before October 1, 2008, the public employees retirement board shall conduct an election to submit to special investigation officer members currently contributing under state general member coverage plan 3 the question of adopting state officer member coverage plan 1. The election shall be conducted in accordance with procedures adopted by the public employees retirement board, and the retirement board shall certify the results of the election to the secretary of state on or before November 1, 2008.