SENATE BILL 421

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

Carroll H. Leavell

AN ACT

RELATING TO VOLUNTEER FIREFIGHTERS RETIREMENT; LIMITING THE TIME PERIOD FOR POSTING OR ADJUSTING SERVICE CREDIT.

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

     SECTION 1. Section 10-11A-6 NMSA 1978 (being Laws 1983, Chapter 263, Section 6, as amended) is amended to read:

     "10-11A-6. DETERMINATION OF SERVICE CREDIT.--

          A. A member may claim one year of service credit for each year in which a fire department certifies that the member:

                (1) attended fifty percent of all scheduled fire drills for which the fire department held the member responsible to attend;

                (2) attended fifty percent of all scheduled business meetings for which the fire department held the member responsible to attend; and

                (3) participated in at least fifty percent of all emergency response calls for which the fire department held the member responsible to attend.

          B. The chief of each fire department shall submit to the association by March 31 of each year documentation of the qualifications of each member for the preceding calendar year; provided that the chief shall:

                (1) submit the documentation on forms provided by the association;

                (2) acknowledge the truth of the records under oath before a notary public; and

                (3) have the notarized forms signed by the mayor, if distributions from the fire protection fund for the fire department are made to an incorporated municipality, or the chair of the county commission, if distributions from the fire protection fund for the fire department are made to a county fire district.

         C. For service credit that has been earned, but not credited pursuant to Subsection B of this section, a member may post or adjust service credit earned for [one or more calendar years beginning on or after January 1, 1979] not more than the two preceding calendar years; provided that the member shall:

             (1) file with the association a completed "Corrected Qualification Record" or "Adjusted Qualification Record" as prescribed by the board;

             (2) acknowledge the truth of the records under oath before a notary public; and

             (3) have the notarized forms signed by the mayor, if distributions from the fire protection fund for the fire department are made to an incorporated municipality, or the chair of the county commission, if distributions from the fire protection fund for the fire department are made to a county fire district.

         D. The association may request the fire marshal division of the public regulation commission to verify member qualifications submitted to the association."

    SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is January 1, 2014.

- 3 -