0001|                        SENATE BILL 776
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0002|     42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
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0003|     1996
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0004|                         INTRODUCED BY
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0005|                      TIMOTHY Z. JENNINGS
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0006|     
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0007|     
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0008|     
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0009|     
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0010|     
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0011|                             AN ACT
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0012|     RELATING TO EDUCATIONAL RETIREMENT; REMOVING CERTAIN EMPLOYEES
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0013|     OF THE NEW MEXICO ACTIVITIES ASSOCIATION FROM THE DEFINITION OF
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0014|     "REGULAR MEMBER" AS USED IN THE EDUCATIONAL RETIREMENT ACT.
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0015|     
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0016|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017|       Section 1.  Section 22-11-2 NMSA 1978 (being Laws 1967,
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0018|     Chapter 16, Section 126, as amended) is amended to read:
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0019|       "22-11-2.  DEFINITIONS.--As used in the Educational
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0020|     Retirement Act:
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0021|            A.  "member" means any employee, except for a
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0022|     participant coming within the provisions of the Educational
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0023|     Retirement Act;
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0024|            B.  "regular member" means:
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0025|                 (1)  a person regularly employed as a teaching,
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0001|     nursing or administrative employee of a state educational
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0002|     institution, except for:
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0003|                      (a)  a participant; or 
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0004|                      (b)  all employees of a general hospital
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0005|     or outpatient clinics thereof operated by a state educational
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0006|     institution named in Article 12, Section 11 of the constitution
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0007|     of New Mexico;
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0008|                 (2)  a person regularly employed as a teaching,
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0009|     nursing or administrative employee of a junior college or
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0010|     community college created pursuant to Chapter 21, Article 13
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0011|     NMSA 1978; 
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0012|                 (3)  a person regularly employed as a teaching,
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0013|     nursing or administrative employee of a technical and vocational
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0014|     institute created pursuant to the Technical and Vocational
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0015|     Institute Act;
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0016|                 (4)  a person regularly employed as a teaching,
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0017|     nursing or administrative employee of the New Mexico boys'
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0018|     school, the New Mexico girls' school, the Los Lunas medical
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0019|     center or a school district or as a certified school instructor
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0020|     of a state institution or agency providing an educational
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0021|     program and holding a standard or substandard certificate issued
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0022|     by the state board;
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0023|                 (5)  a person regularly employed by the
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0024|     department of education or the board holding a standard or
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0025|     substandard certificate issued by the state board at the time of
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0001|     commencement of such employment;
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0002|                 (6)  a member classified as a regular member in
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0003|     accordance with the regulations of the board; <u>or</u>
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0004|                 <s>[(7)  a person regularly employed by the New
</s>    |
<s></s>0005| <s>    Mexico activities association holding a standard certificate
</s>    |
<s></s>0006| <s>    issued by the state board at the time of commencement of such
</s>    |
<s></s>0007| <s>    employment; or
</s>    |
<s></s>0008| <s>                (8)]</s> <u>(7)</u>  a person regularly employed by a
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0009|     regional education cooperative holding a standard certificate
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0010|     issued by the state board at the time of commencement of such
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0011|     employment;
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0012|            C.  "provisional member" means a person not eligible
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0013|     to be a regular member but who is employed by a local
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0014|     administrative unit designated in Subsection B of this section;
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0015|     provided, however, that employees of a general hospital or
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0016|     outpatient clinics thereof operated by a state educational
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0017|     institution named in Article 12, Section 11 of the constitution
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0018|     of New Mexico are not provisional members;
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0019|            D.  "local administrative unit" means an employing
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0020|     agency however constituted that is directly responsible for the
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0021|     payment of compensation for the employment of members or
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0022|     participants;
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0023|            E.  "beneficiary" means a person having an insurable
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0024|     interest in the life of a member or a participant designated by
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0025|     written instrument duly executed by the member or participant
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0001|     and filed with the director to receive a benefit pursuant to the
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0002|     Educational Retirement Act that may be received by someone other
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0003|     than the member or participant;
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0004|            F.  "employment" means employment by a local
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0005|     administrative unit that qualifies a person to be a member or
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0006|     participant;
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0007|            G.  "service employment" means employment that
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0008|     qualifies a person to be a regular member;
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0009|            H.  "provisional service employment" means employment
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0010|     that qualifies a person to be a provisional member;
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0011|            I.  "prior employment" means employment performed
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0012|     prior to the effective date of the Educational Retirement Act 
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0013|     that would be service employment or provisional service
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0014|     employment if performed thereafter;
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0015|            J.  "service credit" means that period of time with
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0016|     which a member is accredited for the purpose of determining his
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0017|     eligibility for and computation of retirement or disability
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0018|     benefits;
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0019|            K.  "earned service credit" means that period of time
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0020|     during which a member was engaged in employment or prior
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0021|     employment with which he is accredited for the purpose of
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0022|     determining his eligibility for retirement or disability
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0023|     benefits;
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0024|            L.  "allowed service credit" means that period of
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0025|     time during which a member has performed certain nonservice
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0001|     employment with which he may be accredited, as provided in the
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0002|     Educational Retirement Act, for the purpose of computing
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0003|     retirement or disability benefits;
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0004|            M.  "retirement benefit" means an annuity paid
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0005|     monthly to members whose employment has been terminated by
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0006|     reason of their age;
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0007|            N.  "disability benefit" means an annuity paid
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0008|     monthly to members whose employment has been terminated by
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0009|     reason of a disability;
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0010|            O.  "board" means the educational retirement board;
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0011|            P.  "fund" means the educational retirement fund;
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0012|            Q.  "director" means the educational retirement
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0013|     director;
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0014|            R.  "medical authority" means a medical doctor within
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0015|     the state or as provided in Subsection D of Section 22-11-36
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0016|     NMSA 1978 either designated or employed by the board to examine
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0017|     and report on the physical condition of applicants for or
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0018|     recipients of disability benefits;
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0019|            S.  "actuary" means a person trained and regularly
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0020|     engaged in the occupation of calculating present and projected
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0021|     monetary assets and liabilities under annuity or insurance
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0022|     programs;
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0023|            T.  "actuarial equivalent" means a sum paid as a   
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0024|     current or deferred benefit that is equal in value to a regular
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0025|     benefit, computed upon the basis of interest rates and mortality
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0001|     tables; 
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0002|            U.  "contributory employment" means employment for
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0003|     which contributions have been made by both a member and a local
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0004|     administrative unit pursuant to the Educational Retirement Act;
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0005|            V.  "qualifying state educational institution" means
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0006|     the university of New Mexico, New Mexico state university, New
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0007|     Mexico institute of mining and technology, New Mexico highlands
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0008|     university, eastern New Mexico university and western New Mexico
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0009|     university;
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0010|            W.  "participant" means:
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0011|                 (1)  a person regularly employed as a faculty or
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0012|     professional employee of a qualifying state educational
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0013|     institution who first becomes employed with such an educational
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0014|     institution on or after July 1, 1991 and who elects, pursuant to
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0015|     Section 22-11-47 NMSA 1978, to participate in the alternative
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0016|     retirement plan; and
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0017|                 (2)  a person regularly employed who performs
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0018|     research or other services pursuant to a contract between a
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0019|     qualifying state educational institution and the United States
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0020|     government or any of its agencies who elects, pursuant to
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0021|     Section 22-11-47 NMSA 1978, to participate in the alternative
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0022|     retirement plan, provided that the research or other services
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0023|     are performed outside the state; 
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0024|            X.  "salary" means the compensation or wages paid to
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0025|     a member or participant by any local administrative unit for
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0001|     services rendered; and
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0002|            Y.  "alternative retirement plan" means the
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0003|     retirement plan provided for in Sections 22-11-47 through
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0004|     22-11-52 NMSA 1978."
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0005|                              
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