SENATE BILL 439

54th legislature - STATE OF NEW MEXICO - first session, 2019

INTRODUCED BY

Antoinette Sedillo Lopez

AN ACT

RELATING TO THE EDUCATIONAL RETIREMENT BOARD; CHANGING THE MEMBERSHIP OF THE BOARD.

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

     SECTION 1. Section 22-11-3 NMSA 1978 (being Laws 1967, Chapter 16, Section 127, as amended) is amended to read:

     "22-11-3. EDUCATIONAL RETIREMENT BOARD--MEMBERS--TERMS-- VACANCIES.--

          A. The "educational retirement board" is created.

          B. The board shall be composed of [seven] nine members, consisting of the following:

                (1) the secretary of public education, or a designee of the secretary who:

                     (a) is a resident of New Mexico;

                     (b) is a current employee of the public education department; and

                     (c) possesses experience relevant to the financial or fiduciary aspects of pension or investment fund management;

                (2) the state treasurer, or a designee of the treasurer who:

                     (a) is a resident of New Mexico;

                     (b) is a current employee of the state treasurer's office; and

                     (c) possesses experience relevant to the financial or fiduciary aspects of pension or investment fund management;

                (3) one member to be elected for a term of four years by members of the New Mexico association of educational retirees;

                (4) one member to be elected for a term of four years by the members of the national education association of New Mexico;

                (5) one member to be elected for a term of four years by the New Mexico members of the American association of university professors; [and]

                (6) [two] three members to be appointed by the governor for terms of four years each. [Each member] Two members appointed pursuant to this paragraph shall have a background in investments, finance or pension fund administration, and one member shall have a background in public education; and

                (7) one member to be elected for a term of four years by the members of the American federation of teachers in New Mexico.

          C. A designee of a board member shall have the same responsibilities, duties, liabilities and immunities as the board member, including the indemnification provided by Subsection H of Section 22-11-13 NMSA 1978. The appointment of a designee does not relieve the board member of the member's responsibilities, duties, liabilities and immunities as a board member, and the board member shall be fully responsible and liable for the actions of the designee while serving on the board.

          D. In the initial composition of the board, the member elected by the members of the American association of university professors shall serve for a term of three years; one member appointed by the governor shall serve for a term of two years; and the other member appointed by the governor shall serve for a term of one year. In electing or appointing new members after the enactment of this 2019 act, the member elected by the American federation of teachers shall serve an initial term of three years and the new member appointed by the governor shall serve an initial term of two years; thereafter, these members shall serve terms of four years.

          E. Vacancies occurring in the terms of office of those members appointed by the governor or elected by an association shall be filled either by the governor appointing or the association electing a new member to fill the unexpired term."

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