0001| HOUSE BILL 671 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| PATSY G. TRUJILLO | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO DISABILITY RETIREMENT; AMENDING AND ENACTING | 0012| CERTAIN SECTIONS OF THE NMSA 1978. | 0013| | 0014| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0015| Section 1. Section 10-11-10.1 NMSA 1978 (being Laws 1993, | 0016| Chapter 160, Section 3) is amended to read: | 0017| "10-11-10.1. DISABILITY RETIREMENT.-- | 0018| A. There is created a "disability review committee" | 0019| of the retirement board. The disability review committee shall | 0020| consist of at least three but not more than five retirement | 0021| board members and at least one physician licensed in New Mexico | 0022| appointed by the retirement board. [The disability review | 0023| committee shall review all applications for disability | 0024| retirement, review reports required under this section and | 0025| approve or deny applications for disability retirement] | 0001| B. The retirement board or the disability review | 0002| committee may retire a member on account of disability before | 0003| the time the member would otherwise be eligible for retirement | 0004| if the following requirements are satisfied: | 0005| (1) the member applying for disability | 0006| retirement was a member at the time the disability was | 0007| incurred; | 0008| (2) the member or the member's affiliated | 0009| public employer has filed a written application for disability | 0010| retirement, in the form and containing the information | 0011| prescribed by the association [has been filed with the | 0012| association by the member or by the member's affiliated public | 0013| employer]; | 0014| (3) [employment is terminated] the member | 0015| has terminated employment within forty-five days of the date | 0016| of approval of the application for disability retirement; | 0017| (4) [if: (a)] the member has five or more | 0018| years of service credit or | 0019| [(b)] the retirement board or the | 0020| disability review committee finds the disability to have been | 0021| the natural and proximate result of causes arising solely and | 0022| exclusively out of and in the course of the member's | 0023| performance of duty with an affiliated public employer; | 0024| (5) the member [submits] has submitted to | 0025| all medical examinations and tests and [furnishes] | 0001| furnished copies of all medical reports requested by the | 0002| [association or] retirement board or the disability review | 0003| committee; provided that if the disability review committee | 0004| requires independent medical or other examinations, those | 0005| examinations shall be performed at the association's expense; | 0006| and | 0007| (6) the [disability review committee makes | 0008| the determination required under Subsection C of this section. | 0009| C. The disability review committee shall review | 0010| applications for disability retirement to determine whether: | 0011| (1) if the member is a currently employed, | 0012| contributing employee of an affiliated public employer] | 0013| member is disabled. | 0014| C. A member is disabled if: | 0015| [(a)] (1) the member is mentally or | 0016| physically totally incapacitated for [continued] any | 0017| gainful employment [with an affiliated public employer]; and | 0018| [(b)] (2) the incapacity is likely to be | 0019| permanent. [or | 0020| (2) if the member is not a currently employed, | 0021| contributing employee of an affiliated public employer: | 0022| (a) the member is mentally or physically | 0023| totally incapacitated for any gainful employment; and | 0024| (b) the incapacity is likely to be | 0025| permanent. | 0001| D. The disability retirement pension shall be paid | 0002| for a period of one year after approval of the initial | 0003| application unless the disability review committee for good | 0004| cause shown grants disability retirement for a longer period of | 0005| time. After approval, payment shall be effective commencing | 0006| the first of the month following submission of the initial | 0007| application and termination of employment. | 0008| E. At the end of the first year that a disability | 0009| retirement pension is paid, the disability retired member's | 0010| condition shall be reevaluated to determine eligibility for | 0011| continuation of payment of a disability retirement pension. If | 0012| the disability retired member has applied for disability | 0013| benefits under the federal social security program, he shall | 0014| submit copies of his application. The association shall | 0015| continue payment of the state disability retirement pension if | 0016| the disability retired member presents a written final | 0017| determination from the federal social security administration | 0018| that the disability retired member qualifies, based on the same | 0019| condition or conditions as presented in the application for a | 0020| state disability retirement pension, for federal disability | 0021| benefits. | 0022| F. If the disability retired member applied for | 0023| federal disability benefits within thirty days of receiving | 0024| approval for a state disability retirement pension but the | 0025| federal social security administration has not made a written | 0001| final determination of entitlement by the end of the first year | 0002| that the disability retired member has received a state | 0003| disability retirement pension, eligibility for continued | 0004| payment of the state disability retirement pension shall be | 0005| determined by the disability review committee. The state | 0006| disability retirement pension shall be discontinued if the | 0007| disability review committee finds that the disability retired | 0008| member is capable of any gainful employment. | 0009| G. The disability retired member shall notify the | 0010| association of the federal social security administration's | 0011| final determination within fifteen working days of the date of | 0012| issuance of the final written determination. If the federal | 0013| social security administration denies federal disability | 0014| benefits, the state disability retirement pension shall be | 0015| discontinued effective the first of the month following the | 0016| month in which the written final determination of the federal | 0017| social security administration was issued. If the federal | 0018| social security administration grants federal disability | 0019| benefits, the state disability retirement pension shall be | 0020| continued so long as the disability retired member provides | 0021| annually, on or before the anniversary date of commencement of | 0022| payment of the state disability retirement pension, written | 0023| evidence of continuation of payment of federal disability | 0024| benefits. If the disability review committee has denied | 0025| continuation of payment of a state disability retirement | 0001| pension and the disability retired member is later granted | 0002| federal disability benefits, the state disability retirement | 0003| pension shall be reinstated effective the first of the month | 0004| following the month in which the state disability retirement | 0005| pension was discontinued. | 0006| H. If, at the time of reevaluation under Subsection | 0007| E of this section, the disability retired member has applied | 0008| for and has qualified for federal disability benefits, but for | 0009| a different condition than was reviewed by the disability | 0010| review committee, the disability review committee shall review | 0011| the disability retired member's condition as described by the | 0012| application for federal disability benefits. The process set | 0013| forth in Subsection I of this section shall be followed to | 0014| determine whether payment of a state disability retirement | 0015| pension should be continued. | 0016| I. If the disability retired member is not eligible | 0017| to apply for federal disability benefits or is not a member of | 0018| the federal social security program, the disability review | 0019| committee annually shall determine eligibility for continuation | 0020| of payment of a state disability retirement pension. To make | 0021| its determination of continued entitlement, the disability | 0022| review committee shall use the guidelines established by the | 0023| federal social security administration for determination of | 0024| eligibility for federal disability benefits. The determination | 0025| shall be based on: | 0001| (1) the medical and all other information | 0002| provided by the disability retired member; | 0003| (2) at least one independent medical or other | 0004| examination performed at the association's expense if required | 0005| by the disability review committee; and | 0006| (3) any and all medical, vocational or other | 0007| information related to the disability compiled during the | 0008| period of disability by any medical or other practitioner | 0009| consulted by the disability retired member regarding the | 0010| disability which was not paid for by the association. | 0011| J. Each disability retired member annually shall | 0012| submit to the association, prior to July 1, a statement of | 0013| earnings from gainful employment during the preceding calendar | 0014| year. The statement of earnings shall be in the form | 0015| prescribed by the association. Payment of the state disability | 0016| retirement pension shall be discontinued if the amount of | 0017| earnings from gainful employment is one hundred percent or more | 0018| of the amount which causes a decrease or suspension of an old | 0019| age benefit under the federal social security program, or | 0020| fifteen thousand dollars ($15,000), whichever is less. Payment | 0021| of the state disability retirement pension shall be | 0022| discontinued starting with the month of July if the statement | 0023| of earnings is not received by the association prior to July 1. | 0024| K. Upon prior approval by the association, a | 0025| disability retired member may return to employment with an | 0001| affiliated public employer or other employer for a trial period | 0002| not to exceed one hundred twenty calendar days without becoming | 0003| a member or causing suspension or discontinuation of payment of | 0004| a state disability retirement pension. If the trial period of | 0005| employment is successfully completed, payment of the disability | 0006| retirement pension shall be discontinued beginning the first of | 0007| the month following the one hundred twentieth day of the trial | 0008| period of employment. Trial periods of employment shall be | 0009| limited to two in any five-year period following disability | 0010| retirement. | 0011| L. If the disability retired member meets the | 0012| minimum age and service credit requirements for normal | 0013| retirement while receiving a disability retirement pension, the | 0014| disability retirement pension shall be reclassified by the | 0015| association as a normal retirement pension and no further | 0016| determinations of eligibility for continuation of payment of | 0017| the disability retirement pension shall be made. Upon | 0018| reclassification as a normal retirement pension, all the | 0019| provisions of this act regarding normal retirement shall be | 0020| applicable.] | 0021| D. A member may elect to apply for a one-year | 0022| disability determination if the member was a currently | 0023| contributing employee of an affiliated public employer at any | 0024| time within the twelve months prior to the date the application | 0025| for disability retirement was filed or if the member's | 0001| disability was the natural and proximate result of causes | 0002| arising solely and exclusively out of and in the course of the | 0003| member's performance of duty with an affiliated public | 0004| employer. Members who elect to apply for a one-year disability | 0005| determination are subject to the following: | 0006| (1) in order to receive disability benefits | 0007| for one year under this election, the member must prove that: | 0008| (a) the member is mentally or physically | 0009| totally incapacitated for continued employment with the | 0010| affiliated public employer; and | 0011| (b) the incapacity is likely to be | 0012| permanent; and | 0013| (2) in order to continue to receive disability | 0014| retirement benefits after one year, the member must meet the | 0015| disability standard set forth in Subsection D of this section. | 0016| E. The amount of the disability retirement pension | 0017| shall be calculated according to the provisions of the coverage | 0018| plan applicable to the member at the time of application, | 0019| except that the service credit requirement shall be calculated | 0020| as follows: | 0021| [M.] (1) if the disability [review | 0022| committee found the disability] has been found by the | 0023| retirement board or the disability review committee to be the | 0024| natural and proximate result of causes arising solely and | 0025| exclusively out of and in the course of the member's employment | 0001| with an affiliated public employer, the association shall, for | 0002| the purpose of calculating the pension, impute to the member | 0003| the amount of service credit necessary to meet the minimum | 0004| service credit requirements for normal retirement. In this | 0005| event, actual service credit shall continue to accrue during | 0006| the disability retirement period as though the disability | 0007| retired member was actively employed | 0008| [N. The amount of a disability retirement pension | 0009| shall be calculated according to the provisions of the coverage | 0010| plan applicable to the member at the time of application, | 0011| except that the service credit requirement shall be waived and | 0012| the actual amount of service credit shall be used instead. If | 0013| the disability is the natural and proximate result of causes | 0014| arising solely and exclusively out of and in the course of the | 0015| member's performance of duty for an affiliated public employer, | 0016| the amount of disability retirement pension shall be calculated | 0017| according to the provisions of the coverage plan applicable to | 0018| the member, imputing the amount of service credit necessary to | 0019| meet the minimum service credit requirements for normal | 0020| retirement] with an affiliated public employer; and | 0021| (2) in all other instances, the service credit | 0022| requirement shall be waived and the actual amount of accrued | 0023| service credit shall be used instead. | 0024| F. If while receiving a disability retirement | 0025| pension the disability retired member meets the minimum age and | 0001| service credit requirements for normal retirement specified by | 0002| the coverage plan applicable to the disability retired member, | 0003| the disability retirement pension shall be reclassified by the | 0004| association as a normal retirement pension. | 0005| G. Each disability retired member shall submit to | 0006| the association, prior to July 1 of each year, a statement of | 0007| earnings from gainful employment during the preceding calendar | 0008| year. The statement of earnings shall be in the form | 0009| prescribed by the association. Payment of the disability | 0010| retirement pension shall be discontinued if the amount of | 0011| earnings from gainful employment is one hundred percent or more | 0012| of the amount that causes a decrease or suspension of an old | 0013| age benefit under the federal social security program or | 0014| fifteen thousand dollars ($15,000), whichever is less. Payment | 0015| of the disability retirement pension shall be discontinued | 0016| starting with the month of July in any year in which the | 0017| statement of earnings is not received by the association prior | 0018| to July 1 of that year. | 0019| [O.] H. For the purposes of this section, the | 0020| following definitions apply: | 0021| (1) "continued employment with the affiliated | 0022| public employer" means the ability of the member to fulfill the | 0023| required duties of the position in which the member was last | 0024| employed by his affiliated public employer; and | 0025| (2) "gainful employment" means remunerative | 0001| employment or self-employment that is commensurate with the | 0002| applicant's background, age, education, experience and any new | 0003| skills or training the applicant may have acquired or is | 0004| capable of acquiring after terminating public employment or | 0005| incurring the disability | 0006| [(3) "state disability retirement pension" | 0007| means the pension paid pursuant to the provisions of this | 0008| section; and | 0009| (4) "federal disability benefits" means those | 0010| benefits paid by the federal social security program]." | 0011| Section 2. A new section of the Public Employees | 0012| Retirement Act, Section 10-11-10.2 NMSA 1978, is enacted to | 0013| read: | 0014| "10-11-10.2. [NEW MATERIAL] REEVALUATION OF DISABILITY | 0015| RETIREMENT--TERMINATION OF DISABILITY PENSION.-- | 0016| A. During the period of disability retirement, the | 0017| retirement board or the disability review committee may require | 0018| a disability retired member to submit acceptable evidence that | 0019| the member continues to be disabled. If the retirement board | 0020| or the disability review committee requires independent | 0021| examinations or tests, those examinations or tests shall be | 0022| performed at the association's expense. | 0023| B. The retirement board or the disability review | 0024| committee may suspend payment of a disability pension if the | 0025| disability retired member refuses to submit to medical or other | 0001| reevaluation or submit acceptable evidence that the member | 0002| continues to be disabled. If the refusal continues for one | 0003| year, the retirement board or the disability review committee | 0004| may terminate the disability retirement and revoke the | 0005| disability retirement pension. | 0006| C. If the retirement board or the disability review | 0007| committee finds that the disability retired member is no longer | 0008| disabled, the retirement board or the disability review | 0009| committee shall terminate the disability retirement and revoke | 0010| the disability retirement pension. | 0011| D. Upon prior approval by the association, a | 0012| disability retired member may return to any employment for a | 0013| trial period not to exceed one hundred twenty calendar days | 0014| without causing suspension or revocation of the disability | 0015| retirement pension or termination of the disability retirement. | 0016| If the trial period of employment is successfully completed, | 0017| payment of the disability retirement pension shall be | 0018| discontinued beginning the first of the month following the one | 0019| hundred twentieth day of the trial period of employment. Each | 0020| disability retiree shall be limited to two trial periods of | 0021| employment in any five-year period following disability | 0022| retirement." | 0023|  State of New Mexico | 0024| House of Representatives | 0025| | 0001| FORTY-THIRD LEGISLATURE | 0002| FIRST SESSION, 1997 | 0003| | 0004| | 0005| February 25, 1997 | 0006| | 0007| | 0008| Mr. Speaker: | 0009| | 0010| Your CONSUMER AND PUBLIC AFFAIRS COMMITTEE, to | 0011| whom has been referred | 0012| | 0013| HOUSE BILL 671 | 0014| | 0015| has had it under consideration and reports same with | 0016| recommendation that it DO PASS, amended as follows: | 0017| | 0018| | 0019| 1. On page 3, line 2, after "the" insert "retirement board | 0020| or the". | 0021| | 0022| 2. On page 9, line 13, strike the underscored "D" and | 0023| insert in lieu thereof "C"., | 0024| | 0025| | 0001| and thence referred to the JUDICIARY COMMITTEE. | 0002| | 0003| Respectfully submitted, | 0004| | 0005| | 0006| | 0007| | 0008| | 0009| Gary King, Chairman | 0010| | 0011| | 0012| Adopted Not Adopted | 0013| | 0014| (Chief Clerk) (Chief Clerk) | 0015| | 0016| Date | 0017| | 0018| The roll call vote was 7 For 0 Against | 0019| Yes: 7 | 0020| Excused: Rios, Sandel, Vigil | 0021| Absent: None | 0022| | 0023| | 0024| 116474.1 | 0025| G:\BILLTEXT\BILLW_97\H0671 State of New Mexico | 0001| House of Representatives | 0002| | 0003| FORTY-THIRD LEGISLATURE | 0004| FIRST SESSION, 1997 | 0005| | 0006| | 0007| March 10, 1997 | 0008| | 0009| | 0010| Mr. Speaker: | 0011| | 0012| Your JUDICIARY COMMITTEE, to whom has been referred | 0013| | 0014| HOUSE BILL 671, as amended | 0015| | 0016| has had it under consideration and reports same with | 0017| recommendation that it DO PASS. | 0018| | 0019| Respectfully submitted, | 0020| | 0021| | 0022| | 0023| | 0024| | 0025| Thomas P. Foy, Chairman | 0001| | 0002| | 0003| Adopted Not Adopted | 0004| | 0005| (Chief Clerk) (Chief Clerk) | 0006| | 0007| Date | 0008| | 0009| The roll call vote was 8 For 0 Against | 0010| Yes: 8 | 0011| Excused: Mallory, Pederson, Rios, Sanchez, Stewart | 0012| Absent: None | 0013| | 0014| | 0015| G:\BILLTEXT\BILLW_97\H0671 | 0016| | 0017| FORTY-THIRD LEGISLATURE | 0018| FIRST SESSION, 1997 | 0019| | 0020| | 0021| March 19, 1997 | 0022| | 0023| Mr. President: | 0024| | 0025| Your JUDICIARY COMMITTEE, to whom has been referred | 0001| | 0002| HOUSE BILL 671, as amended | 0003| | 0004| has had it under consideration and reports same with | 0005| recommendation that it DO PASS. | 0006| | 0007| Respectfully submitted, | 0008| | 0009| | 0010| | 0011| | 0012| __________________________________ | 0013| Fernando R. Macias, Chairman | 0014| | 0015| | 0016| | 0017| Adopted_______________________ Not | 0018| Adopted_______________________ | 0019| (Chief Clerk) (Chief Clerk) | 0020| | 0021| | 0022| | 0023| Date ________________________ | 0024| | 0025| | 0001| The roll call vote was 5 For 0 Against | 0002| Yes: 5 | 0003| No: 0 | 0004| Excused: Sanchez, Tsosie, Vernon | 0005| Absent: None | 0006| | 0007| | 0008| H0671JU1 |