SENATE BILL 454

57th legislature - STATE OF NEW MEXICO - first session, 2025

INTRODUCED BY

Jay C. Block and Gabriel Ramos and Anthony L. Thornton

and Nicole Tobiassen

 

 

 

 

AN ACT

RELATING TO PUBLIC EMPLOYEES; CHANGING AGE AND SERVICE CREDIT REQUIREMENTS AND CALCULATIONS FOR PUBLIC SAFETY, MUNICIPAL POLICE AND MUNICIPAL FIRE PLANS.

 

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 PUBLIC SAFETY MEMBER COVERAGE PLAN 1--APPLICABILITY--CREDITED SERVICE.--

          A. State public safety 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) adult probation and parole officer members;

                (4) juvenile probation and parole officer members; and

                (5) state fire members.

          B. The credited service of a [state police member who was a retired member or a member on or before June 30, 2013 or of an adult correctional officer] member that is earned pursuant to the state public safety member coverage plan 1 shall have actual credited service increased by twenty percent for the purposes of state public safety member coverage plan 1.

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

          D. The credited service, accrued after July 1, 2024, of a state fire member shall be increased by twenty percent for the purposes of state public safety member coverage plan 1.

          E. The increase of twenty percent to accrued credited service provided by this section shall only apply to a state public safety member who was a retired member or a member on or before June 30, 2013.

          F.] C. Except as provided in [Subsections] Subsection B [through E] of this section, the credited service of a member covered under state public safety member coverage plan 1 shall be credited as provided in Section 10-11-4 NMSA 1978.

          [G.] D. State public safety member coverage plan 1 is applicable to 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 adult probation and parole officer members and juvenile probation and parole officer members to be covered under state public safety 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.

          [H.] E. State public safety member coverage plan 1 is applicable in the first full pay period after July 1, 2024 for:

                (1) state fire members who begin employment as a state fire member on or after July 1, 2024; and

                (2) state fire members who were employed in a position and were subject to the definition of a "state fire member" prior to July 1, 2024, if the retirement board certifies to the secretary of state that, of those state fire members to be covered under state public safety member coverage plan 1, a majority of the respective members voting have voted to approve the adoption of that plan at an election conducted pursuant to [Section 8 of this 2024 act] Laws 2024, Chapter 52, Section 8."

     SECTION 2. Section 10-11-57 NMSA 1978 (being Laws 1987, Chapter 253, Section 57, as amended) is amended to read:

     "10-11-57. MUNICIPAL POLICE MEMBER COVERAGE PLAN 1--AGE AND SERVICE REQUIREMENTS FOR NORMAL RETIREMENT.--Under municipal police member coverage plan 1:

          A. for a member who was a retired member or a member on June 30, 2013, the age and service requirements for normal retirement are:

                (1) age sixty-five years or older and five or more years of credited service;

                (2) age sixty-four years and eight or more years of credited service;

                (3) age sixty-three years and eleven or more years of credited service;

                (4) age sixty-two years and fourteen or more years of credited service;

                (5) age sixty-one years and seventeen or more years of credited service; or

                (6) any age [sixty years] and twenty or more years of credited service [or

                (7) any age and twenty-five or more years of credited service]; and

          B. for a member who was not a retired member or a member on June 30, 2013, the age and service requirements for normal retirement are:

                (1) age sixty years or older and five or more years of service credit; or

                (2) any age and [twenty-five] twenty or more years of service credit."

     SECTION 3. Section 10-11-63 NMSA 1978 (being Laws 1987, Chapter 253, Section 63, as amended) is amended to read:

     "10-11-63. MUNICIPAL POLICE MEMBER COVERAGE PLAN 2--AGE AND SERVICE REQUIREMENTS FOR NORMAL RETIREMENT.--Under municipal police member coverage plan 2:

          A. for a member who was a retired member or a member on June 30, 2013, the age and service requirements for normal retirement are:

                (1) age sixty-five years or older and five or more years of credited service;

                (2) age sixty-four years and eight or more years of credited service;

                (3) age sixty-three years and eleven or more years of credited service;

                (4) age sixty-two years and fourteen or more years of credited service;

                (5) age sixty-one years and seventeen or more years of credited service; or

                (6) any age [sixty years] and twenty or more years of credited service [or

                (7) any age and twenty-five or more years of credited service]; and

          B. for a member who was not a retired member or a member on June 30, 2013, the age and service requirements for normal retirement are:

                (1) age sixty years or older and five or more years of service credit; or

                (2) any age and [twenty-five] twenty or more years of service credit."

     SECTION 4. Section 10-11-69 NMSA 1978 (being Laws 1987, Chapter 253, Section 69, as amended) is amended to read:

     "10-11-69. MUNICIPAL POLICE MEMBER COVERAGE PLAN 3--AGE AND SERVICE REQUIREMENTS FOR NORMAL RETIREMENT.--Under municipal police member coverage plan 3:

          A. for a member who was a retired member or a member on June 30, 2013, the age and service requirements for normal retirement are:

                (1) age sixty-five years or older and five or more years of credited service;

                (2) age sixty-four years and eight or more years of credited service;

                (3) age sixty-three years and eleven or more years of credited service;

                (4) age sixty-two years and fourteen or more years of credited service;

                (5) age sixty-one years and seventeen or more years of credited service; or

                (6) any age and twenty or more years of credited service; and

          B. for a member who was not a retired member or a member on June 30, 2013, the age and service requirements for normal retirement are:

                (1) age sixty years or older and five or more years of service credit; or

                (2) any age and [twenty-five] twenty or more years of service credit."

     SECTION 5. Section 10-11-75 NMSA 1978 (being Laws 1987, Chapter 253, Section 75, as amended) is amended to read:

     "10-11-75. MUNICIPAL POLICE MEMBER COVERAGE PLAN 4--AGE AND SERVICE REQUIREMENTS FOR NORMAL RETIREMENT.--Under municipal police member coverage plan 4:

          A. for a member who was a retired member or a member on June 30, 2013, the age and service requirements for normal retirement are:

                (1) age sixty-five years or older and five or more years of credited service;

                (2) age sixty-four years and eight or more years of credited service;

                (3) age sixty-three years and eleven or more years of credited service;

                (4) age sixty-two years and fourteen or more years of credited service;

                (5) age sixty-one years and seventeen or more years of credited service; or

                (6) any age and twenty or more years of credited service; and

          B. for a member who was not a retired member or a member on June 30, 2013, the age and service requirements for normal retirement are:

                (1) age sixty years or older and five or more years of service credit; or

                (2) any age and [twenty-five] twenty or more years of service credit."

     SECTION 6. Section 10-11-81 NMSA 1978 (being Laws 1987, Chapter 253, Section 81, as amended) is amended to read:

     "10-11-81. MUNICIPAL POLICE MEMBER COVERAGE PLAN 5--AGE AND SERVICE REQUIREMENTS FOR NORMAL RETIREMENT.--Under municipal police member coverage plan 5:

          A. for a member who was a retired member or a member on June 30, 2013, the age and service requirements for normal retirement are:

                (1) age sixty-five years or older and five or more years of credited service;

                (2) age sixty-four years and eight or more years of credited service;

                (3) age sixty-three years and eleven or more years of credited service;

                (4) age sixty-two years and fourteen or more years of credited service;

                (5) age sixty-one years and seventeen or more years of credited service; or

                (6) any age and twenty or more years of credited service; and

          B. for a member who was not a retired member or a member on June 30, 2013, the age and service requirements for normal retirement are:

                (1) age sixty years or older and five or more years of service credit; or

                (2) any age and [twenty-five] twenty or more years of service credit."

     SECTION 7. Section 10-11-87 NMSA 1978 (being Laws 1987, Chapter 253, Section 87, as amended) is amended to read:

     "10-11-87. MUNICIPAL FIRE MEMBER COVERAGE PLAN 1--AGE AND SERVICE REQUIREMENTS FOR NORMAL RETIREMENT.--Under municipal fire member coverage plan 1:

          A. for a member who was a retired member or a member on June 30, 2013, the age and service requirements for normal retirement are:

                (1) age sixty-five years or older and five or more years of credited service;

                (2) age sixty-four years and eight or more years of credited service;

                (3) age sixty-three years and eleven or more years of credited service;

                (4) age sixty-two years and fourteen or more years of credited service;

                (5) age sixty-one years and seventeen or more years of credited service; or

                (6) any age [sixty years] and twenty or more years of credited service [or

                (7) any age and twenty-five or more years of credited service]; and

          B. for a member who was not a retired member or a member on June 30, 2013, the age and service requirements for normal retirement are:

                (1) age sixty years or older and five or more years of service credit; or

                (2) any age and [twenty-five] twenty or more years of service credit."

     SECTION 8. Section 10-11-93 NMSA 1978 (being Laws 1987, Chapter 253, Section 93, as amended) is amended to read:

     "10-11-93. MUNICIPAL FIRE MEMBER COVERAGE PLAN 2--AGE AND SERVICE REQUIREMENTS FOR NORMAL RETIREMENT.--Under municipal fire member coverage plan 2:

          A. for a member who was a retired member or a member on June 30, 2013, the age and service requirements for normal retirement are:

                (1) age sixty-five years or older and five or more years of credited service;

                (2) age sixty-four years and eight or more years of credited service;

                (3) age sixty-three years and eleven or more years of credited service;

                (4) age sixty-two years and fourteen or more years of credited service;

                (5) age sixty-one years and seventeen or more years of credited service; or

                (6) any age [sixty years] and twenty or more years of credited service [or

                (7) any age and twenty-five or more years of credited service]; and

          B. for a member who was not a retired member or a member on June 30, 2013, the age and service requirements for normal retirement are:

                (1) age sixty years or older and five or more years of service credit; or

                (2) any age and [twenty-five] twenty or more years of service credit."

     SECTION 9. Section 10-11-99 NMSA 1978 (being Laws 1987, Chapter 253, Section 99, as amended) is amended to read:

     "10-11-99. MUNICIPAL FIRE MEMBER COVERAGE PLAN 3--AGE AND SERVICE REQUIREMENTS FOR NORMAL RETIREMENT.--Under municipal fire member coverage plan 3:

          A. for a member who was a retired member or a member on June 30, 2013, the age and service requirements for normal retirement are:

                (1) age sixty-five years or older and five or more years of credited service;

                (2) age sixty-four years and eight or more years of credited service;

                (3) age sixty-three years and eleven or more years of credited service;

                (4) age sixty-two years and fourteen or more years of credited service;

                (5) age sixty-one years and seventeen or more years of credited service; or

                (6) any age and twenty or more years of credited service; and

          B. for a member who was not a retired member or a member on June 30, 2013, the age and service requirements for normal retirement are:

                (1) age sixty years or older and five or more years of service credit; or

                (2) any age and [twenty-five] twenty or more years of service credit."

     SECTION 10. Section 10-11-105 NMSA 1978 (being Laws 1987, Chapter 253, Section 105, as amended) is amended to read:

     "10-11-105. MUNICIPAL FIRE MEMBER COVERAGE PLAN 4--AGE AND SERVICE REQUIREMENTS FOR NORMAL RETIREMENT.--Under municipal fire member coverage plan 4:

          A. for a member who was a retired member or a member on June 30, 2013, the age and service requirements for normal retirement are:

                (1) age sixty-five years or older and five or more years of credited service;

                (2) age sixty-four years and eight or more years of credited service;

                (3) age sixty-three years and eleven or more years of credited service;

                (4) age sixty-two years and fourteen or more years of credited service;

                (5) age sixty-one years and seventeen or more years of credited service; or

                (6) any age and twenty or more years of credited service; and

          B. for a member who was not a retired member or a member on June 30, 2013, the age and service requirements for normal retirement are:

                (1) age sixty years or older and five or more years of service credit; or

                (2) any age and [twenty-five] twenty or more years of service credit."

     SECTION 11. Section 10-11-111 NMSA 1978 (being Laws 1987, Chapter 253, Section 111, as amended) is amended to read:

     "10-11-111. MUNICIPAL FIRE MEMBER COVERAGE PLAN 5--AGE AND SERVICE REQUIREMENTS FOR NORMAL RETIREMENT.--Under municipal fire member coverage plan 5:

          A. for a member who was a retired member or a member on June 30, 2013, the age and service requirements for normal retirement are:

                (1) age sixty-five years or older and five or more years of credited service;

                (2) age sixty-four years and eight or more years of credited service;

                (3) age sixty-three years and eleven or more years of credited service;

                (4) age sixty-two years and fourteen or more years of credited service;

                (5) age sixty-one years and seventeen or more years of credited service; or

                (6) any age and twenty or more years of credited service; and

          B. for a member who was not a retired member or a member on June 30, 2013, the age and service requirements for normal retirement are:

                (1) age sixty years or older and five or more years of service credit; or

                (2) any age and [twenty-five] twenty or more years of service credit."

     SECTION 12. APPLICABILITY.--The provisions of this act apply to credited service performed after the effective date of this act. Any credited service performed or amount of pension earned prior to the effective date of this act shall not be calculated or adjusted to conform to the provisions of this act.

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