SENATE BILL 252
53rd legislature - STATE OF NEW MEXICO - second session, 2018
INTRODUCED BY
John Arthur Smith
AN ACT
RELATING TO HIGHER EDUCATION; TRANSFERRING CONTROL AND OVERSIGHT OF LUNA COMMUNITY COLLEGE TO NEW MEXICO HIGHLANDS UNIVERSITY IF LUNA COMMUNITY COLLEGE LOSES ITS ACCREDITATION; PROVIDING FOR THE ACCEPTANCE OF CREDITS EARNED AT LUNA COMMUNITY COLLEGE BY NEW MEXICO HIGHLANDS UNIVERSITY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 21-3-7 NMSA 1978 (being Laws 1893, Chapter 19, Section 6, as amended) is amended to read:
"21-3-7. POWERS--SUPERINTENDENT--STUDIES--ADMISSION OF STUDENTS.--[SEC. 172. Said]
A. The boards of regents of New Mexico highlands university and western New Mexico university shall have full and complete power and control over their respective [normal schools] universities. Each board shall employ a superintendent or principal for [such school] the university who shall have the supervision and control of the [school] university under such rules [and regulations] as may be provided by [such] the board. [Such] The board shall determine and provide as to what branches of learning shall be taught in [such school] the university and [the] their classification and order [of the same] and shall also direct the number of teachers that shall be employed and [shall] determine the compensation to be paid to the superintendent and teachers. [Such] The board shall also prescribe upon what terms and conditions pupils shall be admitted to [such school] the university, but no pupils shall be admitted who are not residents of this state, except on payment of a tuition fee to be prescribed by the board of regents for each term.
B. The board of regents of New Mexico highlands university shall have full and complete power and control over the institution previously named Luna community college. All pupils at the institution previously named Luna community college shall be admitted to New Mexico highlands university, and all credits earned by pupils at the institution previously named Luna community college shall be counted as credits earned at New Mexico highlands university. All degrees and certificates issued by the institution previously named Luna community college may be issued by New Mexico highlands university."
SECTION 2. Section 21-13-4.2 NMSA 1978 (being Laws 2005, Chapter 193, Section 1) is amended to read:
"21-13-4.2. NAME CHANGE.--
A. [Luna vocational-technical institute shall be known as "Luna community college", and] Mesa technical college shall be known as "Mesalands community college" and shall be organized as provided in Chapter 21, Article 13 NMSA 1978.
B. The [governing board of the Luna vocational- technical institute shall be the governing board of Luna community college, and the] governing board of [the] Mesa technical college shall be the governing board of the Mesalands community college.
C. All taxes levied to pay any principal and interest on bonds of [the Luna vocational-technical institute or] Mesa technical college for operating, maintaining and providing facilities shall continue in effect until dissolution pursuant to procedures set forth in Chapter 21, Article 13 NMSA 1978.
D. All references in law to [the] Luna vocational-technical institute [shall be construed to be references] or to Luna community college shall be construed to be references to New Mexico highlands university, and all references in law to [the] Mesa technical college shall be construed to be references to Mesalands community college."
SECTION 3. Section 22-11-2 NMSA 1978 (being Laws 1967, Chapter 16, Section 126, as amended) is amended to read:
"22-11-2. DEFINITIONS.--As used in the Educational Retirement Act:
A. "member" means an employee, except for a participant or a retired member, coming within the provisions of the Educational Retirement Act;
B. "regular member" means:
(1) a person regularly employed by a state educational institution, except for:
(a) a participant; or
(b) all employees of a general hospital or outpatient clinics thereof operated by a state educational institution named in Article 12, Section 11 of the constitution of New Mexico;
(2) a person regularly employed by a junior college or community college created pursuant to Chapter 21, Article 13 NMSA 1978, except for a participant;
(3) a person regularly employed by a technical and vocational institute created pursuant to the Technical and Vocational Institute Act, except for a participant;
(4) a person regularly employed by the
New Mexico boys' school, the girls' welfare home, the Los Lunas medical center or a school district or as a licensed school employee of a state institution or agency providing an educational program and holding a license issued by the department, except for a participant;
(5) a person regularly employed by the department holding a license issued by the department at the time of commencement of such employment;
(6) a member classified as a regular member in accordance with the rules of the board;
(7) a person regularly employed by the New Mexico activities association holding a license issued by the department at the time of commencement of such employment; or
(8) a person regularly employed by a regional education cooperative holding a license issued by the department at the time of commencement of such employment;
C. "provisional member" means a person described in Section 22-11-17 NMSA 1978;
D. "local administrative unit" means an employing agency however constituted that is directly responsible for the payment of compensation for the employment of members or participants;
E. "beneficiary" means a person having an insurable interest in the life of a member or a participant designated by written instrument duly executed by the member or participant and filed with the director to receive a benefit pursuant to the Educational Retirement Act that may be received by someone other than the member or participant;
F. "employment" means employment by a local administrative unit that qualifies a person to be a member or participant;
G. "service employment" means employment that qualifies a person to be a regular member;
H. "provisional service employment" means employment that qualifies a person to be a provisional member;
I. "prior employment" means employment performed prior to the effective date of the Educational Retirement Act that would be service employment or provisional service employment if performed thereafter;
J. "service credit" means that period of time with which a member is accredited for the purpose of determining the member's eligibility for and computation of retirement or disability benefits;
K. "earned service credit" means that period of time during which a member was engaged in employment or prior employment with which the member is accredited for the purpose of determining the member's eligibility for retirement or disability benefits;
L. "allowed service credit" means that period of time during which a member has performed certain nonservice employment with which the member may be accredited, as provided in the Educational Retirement Act, for the purpose of computing retirement or disability benefits;
M. "retirement benefit" means an annuity paid monthly to members whose employment has been terminated by reason of their age;
N. "disability benefit" means an annuity paid monthly to members whose employment has been terminated by reason of a disability;
O. "board" means the educational retirement board;
P. "fund" means the educational retirement fund;
Q. "director" means the educational retirement director;
R. "medical authority" means a medical doctor or medical review panel designated or employed by the board to examine medical records and report on the medical condition of applicants for or recipients of disability benefits;
S. "actuary" means a person trained and regularly engaged in the occupation of calculating present and projected monetary assets and liabilities under annuity or insurance programs;
T. "actuarial equivalent" means a sum paid as a current or deferred benefit that is equal in value to a regular benefit, computed upon the basis of interest rates and mortality tables;
U. "contributory employment" means employment for which contributions have been made by both a member and a local administrative unit pursuant to the Educational Retirement Act;
V. "qualifying state educational institution" means the university of New Mexico, New Mexico state university, New Mexico institute of mining and technology, New Mexico highlands university, eastern New Mexico university, western New Mexico university, central New Mexico community college, Clovis community college, [Luna community college] Mesalands community college, New Mexico junior college, northern New Mexico state school, San Juan college and Santa Fe community college;
W. "participant" means:
(1) a person regularly employed as a faculty or professional employee of the university of New Mexico, New Mexico state university, New Mexico institute of mining and technology, New Mexico highlands university, eastern New Mexico university or western New Mexico university who first becomes employed with such an educational institution on or after July 1, 1991, or a person regularly employed as a faculty or professional employee of the central New Mexico community college, Clovis community college, [Luna community college] Mesalands community college, New Mexico junior college, northern New Mexico state school, San Juan college or Santa Fe community college who is first employed by the institution on or after July 1, 1999 and who elects, pursuant to Section 22-11-47 NMSA 1978, to participate in the alternative retirement plan; and
(2) a person regularly employed who performs research or other services pursuant to a contract between a qualifying state educational institution and the United States government or any of its agencies who elects, pursuant to Section 22-11-47 NMSA 1978, to participate in the alternative retirement plan; provided that the research or other services are performed outside the state;
X. "salary" means the compensation or wages paid to a member or participant by any local administrative unit for services rendered. "Salary" includes payments made for annual or sick leave and payments for additional service provided to related activities, but does not include payments for sick leave not taken unless the payment for the unused sick leave is made through continuation of the member on the regular payroll for the period represented by that payment and does not include allowances or reimbursements for travel, housing, food, equipment or similar items;
Y. "alternative retirement plan" means the retirement plan provided for in Sections 22-11-47 through 22-11-52 NMSA 1978; and
Z. "retired member" means a person whose employment has been terminated by reason of age and who is receiving or is eligible to receive retirement benefits."
SECTION 4. Section 22-11-47 NMSA 1978 (being Laws 1991, Chapter 118, Section 5, as amended) is amended to read:
"22-11-47. ALTERNATIVE RETIREMENT PLAN--ELECTION OF COVERAGE.--
A. Beginning October 1, 1991, any employee of the university of New Mexico, New Mexico state university, New Mexico institute of mining and technology, New Mexico highlands university, eastern New Mexico university or western New Mexico university who is eligible to become a participant may make within ninety days of that date an election to participate in the alternative retirement plan. Beginning October 1, 1999, an employee of central New Mexico community college, Clovis community college, [Luna community college] Mesalands community college, New Mexico junior college, northern New Mexico college, San Juan college or Santa Fe community college who is eligible to become a participant may make an election to participate in the alternative retirement plan within ninety days of the initial date. Thereafter, any employee who is eligible to become a participant may make within the first ninety days of employment with a qualifying state educational institution an election to participate in the alternative retirement plan. Any employee who makes the election shall become a participant the first day of the first pay period following the election. Any employee who fails to make the election within ninety days of October 1, 1991 or October 1, 1999, whichever is applicable, or within the first ninety days of employment with a qualifying state educational institution shall become or remain a regular member if that employee is eligible to be a regular member and shall not later be eligible to elect to be a participant, regardless of whether the employee subsequently is employed in another position that is eligible for participation in the alternative retirement plan. Except as provided in Subsection D of this section, an election to become a participant is irrevocable.
B. Until the time an employee who is eligible to become a participant elects to participate in the alternative retirement plan, that employee shall be a regular member.
C. When an employee elects to become a participant, any employer and employee contributions made as a regular member shall be withdrawn from the fund and applied instead toward the alternative retirement plan as if the participant had been participating in the alternative retirement plan from the commencement of employment with the qualifying state educational institution.
D. On July 1, 2009, any participant who has made contributions to the alternative retirement plan for a cumulative total of seven years or more shall have a one-time option of electing to become a regular member. Thereafter, once a participant has made contributions to the alternative retirement plan for a cumulative total of seven years, a participant shall have a one-time option of electing to become a regular member. Participants electing to become regular members shall exercise that option within one hundred twenty days of the date of becoming eligible to elect to become a regular member. Any amounts on deposit in an employee's alternative retirement plan account when a participant becomes a regular member shall remain on deposit with the contractor or carrier subject to that plan's provisions, unless otherwise provided by law. An employee who elects to become a regular member under this subsection shall use the date on which the employee was first employed with a qualifying state educational institution for purposes of determining any retirement eligibility requirement, provided that the employee:
(1) may not purchase service credit for periods of employment during which the employee participated in the alternative retirement plan; and
(2) shall acquire not less than five years of contributory employment as a regular member as provided for in Section 22-11-24 NMSA 1978 to be eligible for retirement benefits pursuant to the Educational Retirement Act.
E. The board shall approve the positions at each qualifying state educational institution that are eligible for participation in the alternative retirement plan."
SECTION 5. TEMPORARY PROVISION--LUNA COMMUNITY COLLEGE BOARD OF TRUSTEES--ABOLISHED.--The board of trustees of Luna community college is abolished.
SECTION 6. TEMPORARY PROVISION--TRANSFER OF PROPERTY, CONTRACTS AND STATUTORY REFERENCES.--
A. On the effective date of this act, all real property, buildings, furnishings, assets, equipment, functions, appropriations, money, records, furniture, equipment, supplies and other property directly related to Luna community college shall be transferred to New Mexico highlands university.
B. On the effective date of this act, all contracts, contractual obligations and liabilities related to Luna community college shall be transferred to New Mexico highlands university.
C. On the effective date of this act, all statutory references to Luna community college shall be deemed to be references to New Mexico highlands university.
SECTION 7. CONTINGENT EFFECTIVE DATE--NOTIFICATION.--The
effective date of the provisions of this act is July 2, 2018 if Luna community college is no longer accredited by an accrediting agency approved by the higher education department on or before July 2, 2018. The higher education department shall notify the New Mexico compilation commission and the director of the legislative council service immediately upon the department's knowledge that Luna community college is no longer accredited by an accrediting agency approved by the department.
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