HOUSE LABOR AND HUMAN RESOURCES COMMITTEE SUBSTITUTE FOR

HOUSE BILL 798

49th legislature - STATE OF NEW MEXICO - first session, 2009

AN ACT

RELATING TO PUBLIC EMPLOYEES RETIREMENT; AMENDING THE PUBLIC EMPLOYEES RETIREMENT ACT TO CHANGE THE RETIREMENT ELIGIBILITY FOR NEW MEMBERS; RECONCILING MULTIPLE AMENDMENTS TO THE SAME SECTION OF LAW IN LAWS 2003.

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

     Section 1. Section 10-11-26.2 NMSA 1978 (being Laws 1994, Chapter 128, Section 3) is amended to read:

     "10-11-26.2. STATE GENERAL MEMBER COVERAGE PLAN 3--AGE AND SERVICE CREDIT REQUIREMENTS FOR NORMAL RETIREMENT.--

          A. Under state general member coverage plan 3:

                (1) for a member who is a peace officer and for a member who is not a peace officer but was a retired member or a member on June 30, 2009, the age and service credit requirements for normal retirement are:

                     [A.] (a) age sixty-five years or older and five or more years of service credit;

                     [B.] (b) age sixty-four years and eight or more years of service credit;

                     [C.] (c) age sixty-three years and eleven or more years of service credit;

                     [D.] (d) age sixty-two years and fourteen or more years of service credit;

                     [E.] (e) age sixty-one years and seventeen or more years of service credit;

                     [F.] (f) age sixty years and twenty or more years of service credit; and

                     [G.] (g) any age and twenty-five or more years of service credit; and

                (2) for a member who is not a peace officer and was not a retired member or a member on June 30, 2009, the age and service requirements for normal retirement are:

                     (a) age sixty-seven years or older and five or more years of service credit;

                     (b) age sixty-six years and seven or more years of service credit;

                     (c) age sixty-five years and eight or more years of service credit;

                     (d) age sixty-four years and ten or more years of service credit;

                     (e) age sixty-three years and thirteen or more years of service credit;

                     (f) age sixty-two years and sixteen or more years of service credit;

                     (g) age sixty-one years and nineteen or more years of service credit;

                     (h) age sixty years and twenty or more years of service credit; or

                     (i) any age and thirty or more years of service credit.

          B. As used in this section, "peace officer" means any employee of the state with a duty to maintain public order or to make arrests for crime, whether that duty extends to all crimes or is limited to specific crimes, and who is not specifically covered by another coverage plan."

     Section 2. Section 10-11-27 NMSA 1978 (being Laws 1987, Chapter 253, Section 27, as amended by Laws 2003, Chapter 268, Section 9 and by Laws 2003, Chapter 269, Section 1) is amended to read:

     "10-11-27. STATE POLICE MEMBER AND ADULT CORRECTIONAL OFFICER MEMBER COVERAGE PLAN 1--APPLICABILITY.--

          A. State police member and adult correctional officer member coverage plan 1 is applicable to state police members who are not specifically covered by another coverage plan and to adult correctional officer members. [The credited service of a state police member who has held the permanent rank of patrolman, sergeant, lieutenant or captain and does not hold an exempt rank or who is assigned to the aircraft division as a pilot, or of an adult correctional officer member, shall have actual credited service increased by twenty percent] For the purposes of state police member and adult correctional officer member coverage plan 1, a member shall have actual service credit increased by twenty percent if that member was a retired member or a member on June 30, 2009 and:

                (1) is a state police member who holds the permanent rank of patrolman, sergeant, lieutenant or captain and does not hold an exempt rank;

                (2) is a state police member who is assigned to the aircraft division as a pilot; or

                (3) is an adult correctional officer member.

          B. State police member and adult correctional officer member coverage plan 1 is applicable to adult correctional officer members in the first full pay period after July 1, 2004 if the retirement board certifies to the secretary of state that, of those adult correctional officer members to be covered under state police member and adult correctional officer member coverage plan 1, a majority of the members voting have voted to approve adoption of that plan at an election conducted pursuant to [Section 16 of this 2003 act] Laws 2003, Chapter 268, Section 16."

     Section 3. Section 10-11-45 NMSA 1978 (being Laws 1987, Chapter 253, Section 45) is amended to read:

     "10-11-45. MUNICIPAL GENERAL MEMBER COVERAGE PLAN 1--AGE AND SERVICE REQUIREMENTS FOR NORMAL RETIREMENT.--Under municipal general member coverage plan 1:

          A. for a member who was a retired member or a member on June 30, 2009, the age and service requirements for normal retirement are:

                [A.] (1) age sixty-five years or older and five or more years of [credited] service credit;

                [B.] (2) age sixty-four years and eight or more years of [credited] service credit;

                [C.] (3) age sixty-three years and eleven or more years of [credited] service credit;

                [D.] (4) age sixty-two years and fourteen or more years of [credited] service credit;

                [E.] (5) age sixty-one years and seventeen or more years of [credited] service credit;

                [F.] (6) age sixty years and twenty or more years of [credited] service credit; or

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

          B. for a member who was not a retired member or a member on June 30, 2009, the age and service requirements for normal retirement are:

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

                (2) age sixty-six years and seven or more years of service credit;

                (3) age sixty-five years and eight or more years of service credit;

                (4) age sixty-four years and ten or more years of service credit;

                (5) age sixty-three years and thirteen or more years of service credit;

                (6) age sixty-two years and sixteen or more years of service credit;

                (7) age sixty-one years and nineteen or more years of service credit;

                (8) age sixty years and twenty or more years of service credit; or

                (9) any age and thirty or more years of service credit."

     Section 4. Section 10-11-51 NMSA 1978 (being Laws 1987, Chapter 253, Section 51) is amended to read:

     "10-11-51. MUNICIPAL GENERAL MEMBER COVERAGE PLAN 2--AGE AND SERVICE REQUIREMENTS FOR NORMAL RETIREMENT.--Under municipal general member coverage plan 2:

           A. for a member who was a retired member or a member on June 30, 2009, the age and service requirements for normal retirement are:

                [A.] (1) age sixty-five years or older and five or more years of [credited] service credit;

                [B.] (2) age sixty-four years and eight or more years of [credited] service credit;

                [C.] (3) age sixty-three years and eleven or more years of [credited] service credit;

                [D.] (4) age sixty-two years and fourteen or more years of [credited] service credit;

                [E.] (5) age sixty-one years and seventeen or more years of [credited] service credit;

                [F.] (6) age sixty years and twenty or more years of [credited] service credit; or

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

          B. for a member who was not a retired member or a member on June 30, 2009, the age and service requirements for normal retirement are:

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

                (2) age sixty-six years and seven or more years of service credit;

                (3) age sixty-five years and eight or more years of service credit;

                (4) age sixty-four years and ten or more years of service credit;

                (5) age sixty-three years and thirteen or more years of service credit;

                (6) age sixty-two years and sixteen or more years of service credit;

                (7) age sixty-one years and nineteen or more years of service credit;

                (8) age sixty years and twenty or more years of service credit; or

                (9) any age and thirty or more years of service credit."

     Section 5. Section 10-11-55.2 NMSA 1978 (being Laws 1993, Chapter 58, Section 2) is amended to read:

     "10-11-55.2. MUNICIPAL GENERAL MEMBER COVERAGE PLAN 3--AGE AND SERVICE REQUIREMENTS FOR NORMAL RETIREMENT.--Under municipal general member coverage plan 3:

          A. for a member who was a retired member or a member on June 30, 2009, the age and service requirements for normal retirement are:

                [A.] (1) age sixty-five years or older and five or more years of [credited] service credit;

                [B.] (2) age sixty-four years and eight or more years of [credited] service credit;

                [C.] (3) age sixty-three years and eleven or more years of [credited] service credit;

                [D.] (4) age sixty-two years and fourteen or more years of [credited] service credit;

                [E.] (5) age sixty-one years and seventeen or more years of [credited] service credit;

                [F.] (6) age sixty years and twenty or more years of [credited] service credit; or

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

          B. for a member who was not a retired member or a member on June 30, 2009, the age and service requirements for normal retirement are:

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

                (2) age sixty-six years and seven or more years of service credit;

                (3) age sixty-five years and eight or more years of service credit;

                (4) age sixty-four years and ten or more years of service credit;

                (5) age sixty-three years and thirteen or more years of service credit;

                (6) age sixty-two years and sixteen or more years of service credit;

                (7) age sixty-one years and nineteen or more years of service credit;

                (8) age sixty years and twenty or more years of service credit; or

                (9) any age and thirty or more years of service credit."

     Section 6. Section 10-11-55.8 NMSA 1978 (being Laws 1998, Chapter 106, Section 2) is amended to read:

     "10-11-55.8. MUNICIPAL GENERAL MEMBER COVERAGE PLAN 4--AGE AND SERVICE REQUIREMENTS FOR NORMAL RETIREMENT.--Under municipal general member coverage plan 4:

          A. for a member who was a retired member or a member on June 30, 2009, the age and service requirements for normal retirement are:

                [A.] (1) age sixty-five years or older and five or more years of [credited] service credit;

                [B.] (2) age sixty-four years and eight or more years of [credited] service credit;

                [C.] (3) age sixty-three years and eleven or more years of [credited] service credit;

                [D.] (4) age sixty-two years and fourteen or more years of [credited] service credit;

                [E.] (5) age sixty-one years and seventeen or more years of [credited] service credit;

                [F.] (6) age sixty years and twenty or more years of [credited] service credit; or

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

          B. for a member who was not a retired member or a member on June 30, 2009, the age and service requirements for normal retirement are:

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

                (2) age sixty-six years and seven or more years of service credit;

                (3) age sixty-five years and eight or more years of service credit;

                (4) age sixty-four years and ten or more years of service credit;

                (5) age sixty-three years and thirteen or more years of service credit;

                (6) age sixty-two years and sixteen or more years of service credit;

                (7) age sixty-one years and nineteen or more years of service credit;

                (8) age sixty years and twenty or more years of service credit; or

                (9) any age and thirty or more years of service credit."

     Section 7. Section 10-11-69 NMSA 1978 (being Laws 1987, Chapter 253, Section 69) 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, the age and service requirements for normal retirement are:

          A. age sixty-five years or older and five or more years of [credited] service credit;

          B. age sixty-four years and eight or more years of [credited] service credit;

          C. age sixty-three years and eleven or more years of [credited] service credit;

          D. age sixty-two years and fourteen or more years of [credited] service credit;

          E. age sixty-one years and seventeen or more years of [credited] service credit; [or]

          F. any age and twenty or more years of [credited] service credit for an individual who was a retired member or a member on June 30, 2009; or

          G. any age and twenty-five or more years of service credit for an individual who was not a retired member or a member on June 30, 2009."

     Section 8. Section 10-11-75 NMSA 1978 (being Laws 1987, Chapter 253, Section 75) 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, the age and service requirements for normal retirement are:

          A. age sixty-five years or older and five or more years of [credited] service credit;

          B. age sixty-four years and eight or more years of [credited] service credit;

          C. age sixty-three years and eleven or more years of [credited] service credit;

          D. age sixty-two years and fourteen or more years of [credited] service credit;

          E. age sixty-one years and seventeen or more years of [credited] service credit; [or]

          F. any age and twenty or more years of [credited] service credit for an individual who was a retired member or a member on June 30, 2009; or

          G. any age and twenty-five or more years of service credit for an individual who was not a retired member or a member on June 30, 2009."

     Section 9. Section 10-11-81 NMSA 1978 (being Laws 1987, Chapter 253, Section 81) 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, the age and service requirements for normal retirement are:

          A. age sixty-five years or older and five or more years of [credited] service credit;

          B. age sixty-four years and eight or more years of [credited] service credit;

          C. age sixty-three years and eleven or more years of [credited] service credit;

          D. age sixty-two years and fourteen or more years of [credited] service credit;

          E. age sixty-one years and seventeen or more years of [credited] service credit; [or]

          F. any age and twenty or more years of [credited] service credit for an individual who was a retired member or a member on June 30, 2009; or

          G. any age and twenty-five or more years of service credit for an individual who was not a retired member or a member on June 30, 2009."

     Section 10. Section 10-11-99 NMSA 1978 (being Laws 1987, Chapter 253, Section 99) 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, the age and service requirements for normal retirement are:

          A. age sixty-five years or older and five or more years of [credited] service credit;

          B. age sixty-four years and eight or more years of [credited] service credit;

          C. age sixty-three years and eleven or more years of [credited] service credit;

          D. age sixty-two years and fourteen or more years of [credited] service credit;

          E. age sixty-one years and seventeen or more years of [credited] service credit; [or]

          F. any age and twenty or more years of [credited] service credit for an individual who was a retired member or a member on June 30, 2009; or

          G. any age and twenty-five or more years of service credit for an individual who was not a retired member or a member on June 30, 2009."

     Section 11. Section 10-11-105 NMSA 1978 (being Laws 1987, Chapter 253, Section 105) 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, the age and service requirements for normal retirement are:

          A. age sixty-five years or older and five or more years of [credited] service credit;

          B. age sixty-four years and eight or more years of [credited] service credit;

          C. age sixty-three years and eleven or more years of [credited] service credit;

          D. age sixty-two years and fourteen or more years of [credited] service credit;

          E. age sixty-one years and seventeen or more years of [credited] service credit; [or]

          F. any age and twenty or more years of [credited] service credit for an individual who was a retired member or a member on June 30, 2009; or

          G. any age and twenty-five or more years of service credit for an individual who was not a retired member or a member on June 30, 2009."

     Section 12. Section 10-11-111 NMSA 1978 (being Laws 1987, Chapter 253, Section 111) 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, the age and service requirements for normal retirement are:

          A. age sixty-five years or older and five or more years of [credited] service credit;

          B. age sixty-four years and eight or more years of [credited] service credit;

          C. age sixty-three years and eleven or more years of [credited] service credit;

          D. age sixty-two years and fourteen or more years of [credited] service credit;

          E. age sixty-one years and seventeen or more years of [credited] service credit; [or]

          F. any age and twenty or more years of [credited] service credit for an individual who was a retired member or a member on June 30, 2009; or

          G. any age and twenty-five or more years of service credit for an individual who was not a retired member or a member on June 30, 2009."

     Section 13. Section 10-11-115.2 NMSA 1978 (being Laws 2003, Chapter 268, Section 3) is amended to read:

     "10-11-115.2. MUNICIPAL DETENTION OFFICER MEMBER COVERAGE PLAN 1--AGE AND SERVICE REQUIREMENTS FOR NORMAL RETIREMENT--CALCULATION OF [CREDITED] SERVICE CREDIT.--

          A. Under municipal detention officer member coverage plan 1, the age and service requirements for normal retirement are:

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

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

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

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

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

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

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

          B. In calculating [credited] service credit for the purposes of determining retirement eligibility and amount of pension, the [credited] service credit of a municipal detention officer member who was a retired member or a member on June 30, 2009 shall have actual [credited] service credit increased by twenty percent for the purposes of municipal detention officer member coverage plan 1."

     Section 14. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2009.

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