HOUSE BILL 111
53rd legislature - STATE OF NEW MEXICO - second session, 2018
INTRODUCED BY
Matthew McQueen and Mark Moores
AN ACT
RELATING TO ELECTED OFFICIALS; REQUIRING AN ELECTED OFFICIAL WHO IS CONVICTED OF OR PLEADS GUILTY OR NOLO CONTENDERE TO A CORRUPTION OFFENSE TO FORFEIT CERTAIN SERVICE CREDIT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of the Public Employees Retirement Act is enacted to read:
"[NEW MATERIAL] ELECTED OFFICIALS--FORFEITURE OF SERVICE CREDIT ACCRUED--DEFINITIONS.--
A. Service credit accrued during all time served as an elected official shall be forfeited if the elected official is convicted of or pleads guilty or nolo contendere to a corruption offense committed while campaigning for or during a term of elected office.
B. The provisions of this section apply to corruption offenses committed on or after July 1, 2018.
C. Only service credit accrued during time served as an elected official shall be forfeited as provided in this section.
D. The provisions of this section do not apply to the Judicial Retirement Act or the Magistrate Retirement Act.
E. Service credit accrued, if any, by the elected official during employment by an affiliated public employer in a capacity other than as an elected official shall not be forfeited.
F. Service credit forfeited pursuant to this section shall not be reinstated.
G. If the elected official has retired and the pension is based solely on service credit accrued during service as an elected official, the pension shall be permanently terminated effective on the first day of the month following the receipt by the public employees retirement association of the written notice from the prosecutor as provided in Subsection L of this section and:
(1) if the retired elected official has not been paid an aggregate amount of pension payments equal to the amount of the retired elected official's accumulated member contributions, the difference between the amount of accumulated member contributions and the aggregate amount of pension paid shall be refunded, subject to the provisions of Subsection K of this section; or
(2) if the retired elected official has been paid an amount in pension payments equal to or greater than the amount of accumulated member contributions paid, no accumulated member contributions shall be refunded.
H. If the elected official has retired and the pension is based in part on service credit accrued during employment by an affiliated public employer in a capacity other than as an elected official, the pension shall be recalculated without the forfeited service credit effective on the first day of the month following the receipt by the public employees retirement association of the written notice from the prosecutor as provided in Subsection L of this section and:
(1) if the retired elected official has not been paid an aggregate amount of pension payments equal to the amount of the retired elected official's accumulated member contributions paid during time served as an elected official, the difference between the amount of accumulated member contributions paid during time served as an elected official and the aggregate amount of pension payments paid shall be refunded subject to the provisions of Subsection K of this section; or
(2) if the retired elected official has been paid an amount in pension payments equal to or greater than the amount of accumulated member contributions paid during time served as an elected official, no accumulated member contributions shall be refunded.
I. If the elected official has retired and the pension is based on a final average salary that includes concurrent salaries from public employment and elected office, the pension shall be recalculated without the salary from elected office.
J. A retired elected official shall not be required to pay back any pension payments received.
K. Any portion of a pension that is subject to court-ordered child support or satisfaction of the community interest in the pension incident to a decree of dissolution of marriage that was entered before the offense was committed shall not be affected by forfeiture of service credit pursuant to this section.
L. Within thirty days after an elected official is convicted of, or pleads guilty or nolo contendere to, a corruption offense, the prosecutor shall notify the public employees retirement association in writing of the conviction or plea.
M. As used in this section:
(1) "corruption offense" means any of the following offenses committed while campaigning for or serving a term as an elected official:
(a) a first, second or third degree felony conviction for: 1) fraud, as provided in Section 30-16-6 NMSA 1978; 2) embezzlement, as provided in Section 30-16-8 NMSA 1978; 3) extortion, as provided in Section 30-16-9 NMSA 1978; 4) forgery, as provided in Section 30-16-10 NMSA 1978; 5) bribery of public officer or public employee, as provided in Section 30-24-1 NMSA 1978; 6) demanding or receiving bribe by public officer or public employee, as provided in Section 30-24-2 NMSA 1978; 7) bribery or intimidation of a witness or retaliation against a witness, as provided in Section 30-24-3 NMSA 1978; 8) racketeering, as provided in the Racketeering Act; 9) a computer crime, as provided in the Computer Crimes Act; and 10) money laundering, as provided in the Money Laundering Act; and
(b) any conviction for: 1) perjury, as provided in Section 30-25-1 NMSA 1978; 2) soliciting or receiving a kickback, bribe or rebate, as provided in Section 30-41-1 NMSA 1978; 3) offering or paying a kickback, bribe or rebate, as provided in Section 30-41-2 NMSA 1978; and 4) conspiracy to commit any of the offenses set forth in this paragraph, as provided in Section 30-28-2 NMSA 1978; and
(2) "elected official" means a person campaigning for or elected or appointed to an office in any primary, general or statewide special election, including county elections but not including judicial, municipal, school board or special district elections."
SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2018.
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