SENATE BILL 312

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

INTRODUCED BY

David M. Gallegos

AN ACT

RELATING TO PUBLIC EMPLOYEE RETIREMENT; INCLUDING PUBLIC SAFETY TELECOMMUNICATORS AS POLICE MEMBERS UNDER THE PUBLIC EMPLOYEES RETIREMENT ACT; PROVIDING FOR ELECTIONS PERTAINING TO THE ADOPTION OF THE POLICE MEMBER COVERAGE PLANS FOR CURRENT PUBLIC SAFETY TELECOMMUNICATORS.

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 by Laws 2021, Chapter 36, Section 1 and by Laws 2021, Chapter 38, Section 1) 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. "coverage plan funded ratio" means the ratio of the actuarial value of the assets of a coverage plan to the actuarial accrued liability of the association for payments from the coverage plan, as determined by the association's actuaries;

          E. "disability retired member" means a retired member who is receiving a pension pursuant to the disability retirement provisions of the Public Employees Retirement Act;

          F. "disability retirement pension" means the pension paid pursuant to the disability retirement provisions of the Public Employees Retirement Act;

          G. "educational retirement system" means that retirement system provided for in the Educational Retirement Act;

          H. "employee" means any employee of an affiliated public employer;

          I. "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;

          J. "final average salary" means the final average salary calculated in accordance with the provisions of the applicable coverage plan;

          K. "form of payment" means the applicable form of payment of a pension provided for in Section 10-11-117 NMSA 1978;

          L. "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;

          M. "fund" means the funds included under the Public Employees Retirement Act;

          N. "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 employed as an adult correctional officer or an adult correctional officer specialist by a state correctional facility of the corrections department or its successor agency;

                (2) "adult probation and parole officer member" means a member who is employed as a probation and parole officer by the corrections department or its successor agency;

                (3) "juvenile correctional officer member" means a member who is employed as a juvenile correctional officer by the children, youth and families department or its successor agency;

                (4) "juvenile probation and parole officer member" means a member who is employed as a probation and parole officer by the children, youth and families department or its successor agency;

                (5) "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;

                (6) "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;

                (7) "municipal police member" means any member who is employed as a:

                     (a) police officer by an affiliated public employer, other than the state, and who has taken the oath prescribed for police officers; [and] or

                     (b) public safety telecommunicator by an affiliated public employer, other than the state; and

                (8) "state police member" means a member who is:

                     (a) an officer of the New Mexico state police division and who has taken the oath prescribed for such officers and shall include a member who is an officer of the New Mexico state police division and who was certified and commissioned in the former motor transportation division or the former special investigations division of the department of public safety; or

                     (b) a public safety telecommunicator employed by the state;

          O. "membership" means membership in the association;

          P. "pension" means a series of monthly payments to a retired member or survivor beneficiary as provided in the Public Employees Retirement Act;

          Q. "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;

          R. "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;

          S. "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;

          T. "retired member" means a person who has met all requirements for retirement and who is receiving a pension from the fund;

          U. "retirement board" means the retirement board provided for in the Public Employees Retirement Act;

          V. "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, unless the overtime payment is required for a regular scheduled tour of duty as set forth in Section 207(k) of Title 29 of the United States Code and is made on the regular payroll for the period represented by that payment, 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;

          W. "state system" means the retirement programs provided for in the Public Employees Retirement Act, the Magistrate Retirement Act and the Judicial Retirement Act;

          X. "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

          Y. "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. TEMPORARY PROVISION--MUNICIPAL POLICE MEMBER COVERAGE PLAN 5--PUBLIC SAFETY TELECOMMUNICATORS--ELECTION.--On or before December 30, 2023, the retirement board provided for in the Public Employees Retirement Act shall conduct an election to submit to municipal police members currently contributing under a municipal general member coverage plan the question of adopting municipal police member coverage plan 5. The election shall be conducted in accordance with procedures adopted by the retirement board, and the retirement board shall certify the results of the election to the secretary of state on or before January 1, 2024.

     SECTION 3. TEMPORARY PROVISION--STATE POLICE MEMBER,

CORRECTIONAL OFFICER MEMBER AND PROBATION AND PAROLE OFFICER

MEMBER COVERAGE PLAN 1--PUBLIC SAFETY TELECOMMUNICATORS--ELECTION.--On or before December 30, 2023, the retirement board provided for in the Public Employees Retirement Act shall conduct an election to submit to state police members currently contributing under state general member coverage plan 3 the question of adopting state police member, correctional officer member and probation and parole officer member coverage plan 1. The election shall be conducted in accordance with procedures adopted by the retirement board, and the retirement board shall certify the results of the election to the secretary of state on or before January 1, 2024.

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