SENATE BILL 947

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Ben D. Altamirano

AN ACT

RELATING TO PUBLIC EMPLOYEES RETIREMENT; PROVIDING THAT FORMER ELECTED OFFICIALS AND FORMER LEGISLATORS WHO ARE EMPLOYED BY AN AFFILIATED PUBLIC EMPLOYER MAY ELECT TO BECOME EXEMPT FROM MEMBERSHIP IN THE PUBLIC EMPLOYEES RETIREMENT ASSOCIATION.

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

     Section 1. Section 10-11-3 NMSA 1978 (being Laws 1987, Chapter 253, Section 3, as amended) is amended to read:

     "10-11-3. MEMBERSHIP--REQUIREMENTS--EXCLUSIONS--

TERMINATION.--

          A. Except as may be provided for in the Volunteer Firefighters Retirement Act, the Judicial Retirement Act, the Magistrate Retirement Act, the Educational Retirement Act and the provisions of Sections 29-4-1 through 29-4-11 NMSA 1978 governing the state police pension fund, each employee and elected official of every affiliated public employer shall be a member of the association, unless excluded from membership in accordance with Subsection B of this section.

          B. The following employees and elected officials are excluded from membership in the association:

                (1) elected officials who file with the association a written application for exemption from membership within twenty-four months of taking office;

                (2) elected officials who file with the association a written application for exemption from membership within twenty-four months of the date the elected official's public employer becomes an affiliated public employer;

                (3) former elected officials and former legislators who file with the association a written application for exemption from membership within ninety days of beginning employment with an affiliated public employer, provided that a former elected official or former legislator employed by an affiliated public employer on July 1, 2007 may be exempted from membership if an application for exemption is filed with the association before September 30, 2007;

                [(3)] (4) employees designated by the affiliated public employer as seasonal or student employees;

                [(4)] (5) employees who file with the association a written application for exemption from membership within thirty days of the date the employee's public employer becomes an affiliated public employer;

                [(5)] (6) employees of an affiliated public employer that is making contributions to a private retirement program on behalf of the employee as part of a compensation arrangement who file with the association a written application for exemption within thirty days of employment, unless the employee has previously retired under the provisions of the Public Employees Retirement Act;

                [(6)] (7) employees of an affiliated public employer who have retired under and are receiving a pension pursuant to the provisions of the Educational Retirement Act; and

                [(7)] (8) retired members who return to work pursuant to Section 10-11-8 NMSA 1978 and are exempted from membership by the provisions of that section.

          C. Employees designated as seasonal and student employees shall be notified in writing by their affiliated public employer of the designation and the consequences of the designation with respect to membership, service credit and benefits. A copy of the notification shall be filed with the association within thirty days of the date of employment.

          D. An exemption from membership by an elected official shall expire at the end of the term of office for which filed.

          E. Employees and elected officials who have exempted themselves from membership may subsequently withdraw the exemption by filing a membership application. Membership shall commence the first day of the first pay period following the date the application is filed.

          F. The membership of an employee or elected official shall cease if the employee terminates employment with an affiliated public employer or the elected official leaves office and the employee or elected official requests and receives a refund of member contributions."

     Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2007.

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