46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO PUBLIC EMPLOYEES RETIREMENT; AMENDING A SECTION OF THE PUBLIC EMPLOYEES RETIREMENT ACT CONCERNING THE DISCLOSURE OF INFORMATION.

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

Section 1. Section 10-11-130 NMSA 1978 (being Laws 1987, Chapter 253, Section 130, as amended) is amended to read:

"10-11-130. RETIREMENT BOARD--AUTHORITY--MEMBERSHIP.--

A. The "retirement board" is [hereby] created and [shall be] is the trustee of the association and the funds created by the state retirement system acts and [shall have] has all the powers necessary or convenient to carry out and effectuate the purposes and provisions of the state retirement system acts, including, in addition to any specific powers provided for in the Public Employees Retirement Act but without limiting the generality of the foregoing, the power to:

(1) [to] administer the state retirement system acts, including the management of the association and making effective the provisions of those acts, as well as to administer and manage [any] other employee benefit acts as provided by law;

(2) in addition to utilizing services of the attorney general and notwithstanding any other provision of law, [to] employ or contract with and compensate competent legal counsel to handle the legal matters and litigation of the retirement board and the association and to give advice and counsel in regard to any matter connected with the duties of the retirement board;

(3) [to] administer oaths;

(4) [to] adopt and use a seal for authentication of records, processes and proceedings;

(5) [to] create and maintain records relating to all members, affiliated public employers and all activities and duties required of the retirement board;

(6) [to] issue subpoenas and compel the production of evidence and attendance of witnesses in connection with [any] hearings or proceedings of the retirement board;

(7) [to] make and execute contracts;

(8) [to] purchase, acquire or hold land adjacent to the state capitol grounds or other suitable location and build thereon a building to house the association and its employees and, in the event additional office space is available in the building after the retirement board and its employees have been housed, to rent or lease the additional space to [any] a public agency or private person; provided that first priority for the rental or leasing shall be to public agencies and further provided that, for the purpose of purchasing, acquiring or holding the land and the building thereon, the retirement board may use funds from the income fund and [any] other funds controlled by the retirement board the use of which for such purposes is not prohibited by law;

(9) [to] make and adopt such reasonable rules [and regulations] as may be necessary or convenient to carry out the duties of the retirement board and activities of the association, including [any] rules [and regulations] necessary to preserve the status of the association as a qualified pension plan under the provisions of the Internal Revenue Code of 1986, as amended, or under successor or related provisions of law; and

(10) [to] designate committees and [to] designate committee members, including individuals who may not be members of the association.

B. The retirement board [shall consist] consists of:

(1) the secretary of state;

(2) the state treasurer;

(3) four members under a state coverage plan to be elected by the members under state coverage plans;

(4) four members under a municipal coverage plan to be elected by the members under municipal coverage plans, provided that one member shall be a municipal member employed by a county; and

(5) two retired members to be elected by the retired members of the association.

C. The results of elections of elected members of the retirement board shall be certified at the annual meeting of the association. Elections shall be conducted according to rules [and regulations] the retirement board [shall] adopts from time to time [adopt].

D. The regular term of office of the elected members of the retirement board [shall be] is four years. The term of one retirement board member under a state coverage plan [shall expire] expires annually on December 31. The terms of retirement board members under a municipal coverage plan [shall] expire on December 31 of noncoinciding years in the pattern set by the retirement board. Members of the retirement board [shall] serve until their successors have qualified.

E. A member elected to the retirement board who fails to attend four consecutively scheduled meetings of the retirement board, unless in each case excused for cause by the retirement board members in attendance, [shall be] is considered to have resigned from the retirement board, and the retirement board shall by resolution declare the office vacated as of the date of adoption of the resolution. A vacancy occurring on the retirement board, except in the case of an elected official, shall be filled by the remaining retirement board members, without requirement that a quorum be present. The member appointed to fill the vacancy [shall serve] serves for the remainder of the vacated term.

F. Members of the retirement board [shall] serve without [additional] salary for their services as retirement board members, but they shall receive [as their sole remuneration for services as members of the retirement board] those amounts authorized under the Per Diem and Mileage Act.

G. The retirement board shall hold four regular meetings each year and shall designate in advance the time and place of the meetings. Special meetings and emergency meetings of the retirement board may be held upon call of the chairman or any three members of the retirement board. Written notice of special meetings shall be sent to each member of the retirement board at least seventy-two hours in advance of the special meeting. Verbal notice of emergency meetings shall be given to as many members as is feasible at least eight hours before the emergency meeting, and the meeting shall commence with a statement of the nature of the emergency. The retirement board shall adopt its own rules of procedure and shall keep a record of its proceedings. All meetings of the retirement board shall comply with the Open Meetings Act. A majority of retirement board members shall constitute a quorum. Each attending member of the retirement board is entitled to one vote on each question before the retirement board, and at least a majority of a quorum shall be necessary for a decision by the retirement board.

H. Annual meetings of the members of the association shall be held in Santa Fe at such time and place as the retirement board [shall] determines from time to time [determine]. Special meetings of the members of the association shall be held in Santa Fe upon call of any seven retirement board members. The retirement board shall send a written notice to the last known residence address of each member currently employed by an affiliated public employer at least ten days prior to any meeting of the members of the association. The notice shall contain the call of the meeting and the principal purpose of the meeting. All meetings of the association shall be public and shall be conducted according to procedures the retirement board [shall] adopts from time to time [adopt]. The retirement board shall keep a record of the proceedings of each meeting of the association.

I. Neither the retirement board nor the association shall allow public inspection of, or disclosure of, information from [any] a member or [retiree] retired member file unless a prior release and consent, in the form prescribed by the association, has been executed by the member or [retiree] retired member; except that applicable coverage plans, amounts of retirement plan contributions made by members and affiliated public employers, and pension amounts paid [and the] may be produced or disclosed without release or consent. The names and addresses of [public employees retirement association] members or [retirees requested for election purposes by candidates for election to the retirement board] retired members may be produced or disclosed without the release or consent of the member or retired member to candidates for election to the retirement board for election purposes or to a nonprofit retirement organization for that organization's exclusive use if the association is currently withholding a dues deduction for that organization. Information disclosed without release or consent of the member or retired member pursuant to this subsection shall not be distributed or used for commercial purposes."