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