Fiscal impact reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for standing finance

committees of the NM Legislature. The LFC does not assume responsibility for the accuracy of these reports

if they are used for other purposes.

Current FIRs (in HTML & Adobe PDF formats) are a vailable on the NM Legislative Website (legis.state.nm.us).

Adobe PDF versions include all attachments, whereas HTML versions may not. Previously issued FIRs and

attachments may be obtained from the LFC in Suite 101 of the State Capitol Building North.

F I S C A L I M P A C T R E P O R T

SPONSOR Tsosie

ORIGINAL DATE

LAST UPDATED

2/13/06

HB

SHORT TITLE

PUBLIC EMPLOYEE RETIREMENT STUDY

SB SJM 61

ANALYST Weber

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY06

FY07

None

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

SUMMARY

Senate Joint Memorial 61 requests legislative council assign an appropriate interim committee to

determine the feasibility, including costs and benefits, of including tribal law enforcement, tribal

fire departments and other tribal first responder agencies as public employers in the Public

Employees Retirement Association and that copies of this memorial be transmitted to the

governors of the nineteen pueblos in New Mexico, the president of the Navajo Nation, the

president of the Jicarilla Apache Nation, the president of the Mescalero Apache Tribe, the

executive director of the Public Employees Retirement Association and the co-chairs of the New

Mexico legislative council.

Conditions described in SJM61 makes the following points:

•

tribal governments are not included as public employers qualified to join the Public

Employees Retirement Association

•

tribal public safety officers are not employees who are included in the Public Employees

Retirement Act

•

tribal public safety operations have become a training ground for individuals because

higher net pay from state or local police or firefighting agencies that do provide benefits

through the Public Employees Retirement Act lure tribal public safety officers away

from tribal employment

•

the inequity of pay and benefits impacts every tribal community's ability to recruit and

retain first responders, and also has an impact on the morale of tribal community law

Senate Joint Memorial 61 – Page 2

enforcement officers, firefighters and other first responders who respond immediately to

state and local needs on a regular basis through established mutual aid agreements

•

tribal first responders work shoulder-to-shoulder with state and local responders in the

harshest of conditions and perform the same duties but do not enjoy the same benefits,

such as the retirement program that state law enforcement officers enjoy through

membership in the public employees retirement association

•

allowing tribal police, firefighters and other first responders to be included in the public

employees retirement association programs would encourage employees to remain

employed by tribes and give the tribes a fighting chance to recruit and compete for these

employees

•

state law would have to be changed to permit tribal law enforcement departments, fire

departments and emergency medical services to join the public employees retirement

association

•

in 2004, the state of Arizona adopted legislation allowing tribal law enforcement

departments to participate in its state public safety personnel retirement system

•

the Arizona legislation has benefited not only tribal public service personnel, but the

state of Arizona as well, by ensuring that there are law enforcement, firefighting and

emergency medical services personnel in the most rural and remote areas of the state;

MW/yr