SENATE BILL 145

56th legislature - STATE OF NEW MEXICO - first session, 2023

INTRODUCED BY

George K. Muñoz

 

 

 

 

 

AN ACT

RELATING TO PUBLIC EMPLOYEE PENSIONS; ENSURING PARITY FOR CREDITED SERVICE ACCRUED BY CERTAIN STATE POLICE MEMBERS PURSUANT TO THE PUBLIC EMPLOYEES RETIREMENT ACT.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 10-11-27 NMSA 1978 (being Laws 1987, Chapter 253, Section 27, as amended) is amended to read:

     "10-11-27. STATE POLICE MEMBER, CORRECTIONAL OFFICER MEMBER AND PROBATION AND PAROLE OFFICER MEMBER COVERAGE PLAN 1--APPLICABILITY--CREDITED SERVICE.--

          A. State police member, correctional officer member and probation and parole officer member coverage plan 1 is applicable to:

                (1) state police members who are not specifically covered by another coverage plan;

                (2) adult correctional officer members;

                (3) juvenile correctional officer members;

                (4) adult probation and parole officer members; and

                (5) juvenile probation and parole officer members.

          B. The credited service of a state police member who was a retired member or a member on or before June 30, 2013 [and 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 of an adult correctional officer member shall have actual credited service increased by twenty percent for the purposes of state police member, correctional officer member and probation and parole officer member coverage plan 1.

          C. The credited service, accrued after July 1, 2021, of a juvenile correctional officer member, an adult probation and parole officer or a juvenile probation and parole officer shall be increased by twenty percent for the purposes of state police member, correctional officer member and probation and parole officer member coverage plan 1.

          D. Except as provided in Subsection B of this section, the credited service of a member covered under state police member, correctional officer member and probation and parole officer member coverage plan 1 shall be credited as provided in Section 10-11-4 NMSA 1978.

          E. State police member, correctional officer member and probation and parole officer member coverage plan 1 is applicable to juvenile correctional officer members, adult probation and parole officer members and juvenile probation and parole officer members in the first full pay period after July 1, 2021 if the retirement board certifies to the secretary of state that, of those juvenile correctional officer members, adult probation and parole officer members and juvenile probation and parole officer members to be covered under state police member, correctional officer member and probation and parole officer member coverage plan 1, a majority of the respective members voting have voted to approve adoption of that plan at an election conducted pursuant to Laws 2020, Chapter 11, Sections 63 through 66 [of this 2020 act]."

     SECTION 2. APPLICABILITY.--The provisions of this act apply to credited service accrued:

          A. on and after the effective date of this act; and

          B. prior to the effective date of this act; provided that the credited service was accrued by a state police member who is subject to the provisions of Subsection B of Section 1 of this act and that state police member has not previously retired.

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