FORTY-THIRD LEGISLATURE
                        SECOND SESSION, 1998
  
  
                                                 February 5, 1998
  
  
  Mr. Speaker:
  
       Your APPROPRIATIONS AND FINANCE COMMITTEE, to whom
  has been referred
  
                        HOUSE BILL 77
                               
  has had it under consideration and reports same with
  recommendation that it DO PASS, amended as follows:
  
       1.  On page 1, line 11, after the semicolon insert
  "AUTHORIZING AN EXCEPTION TO SUSPENSION OF RETIREMENT BENEFITS
  FOR MAGISTRATES;".
  
      2.  On page 1, between lines 16 and 17, insert the following
  new section:
  
      "Section 1.  Section 10-12C-16 NMSA 1978 (being Laws 1992,
  Chapter 118, Section 16) is amended to read:
  
      "10-12C-16.  SUSPENSION OR FORFEITURE OF
  BENEFITS--EXCEPTION.--
  
          A.  If a member retires and is subsequently employed by
  any employer covered by any state system or the educational
  retirement system, the retired member's pension shall be
  suspended effective the first day of the month following the
  month in which the subsequent employment begins.  The suspended
  pension of a previously retired member shall resume and be
  effective the first day of the month following the month in
  which the member leaves office or terminates the subsequent
  employment.
  
          B.  The right to receive a pension pursuant to the
  provisions of the Magistrate Retirement Act shall be forfeited
  if the member is removed from office pursuant to the provisions
  of Article 6, Section 32 of the constitution of New Mexico, and
  the member's only entitlement from the fund shall be the refund
  of the member's own contributions.
  
          C.  The provisions of Subsection A of this section do
  not apply to a retired member who is elected to serve as an
  elected public official if the retired member files an
  irrevocable exemption from membership in any other state

  retirement system.  The retired member shall file the
  irrevocable exemption with the association within thirty days of
  beginning his duties as an elected public official.  The filing
  of an irrevocable exemption from membership in any other state
  retirement system bars the retired member from acquiring service
  credit for his service as an elected public official."".
  
      3.  Renumber the succeeding sections accordingly..
  
                           Respectfully submitted,
  
  
  
                                                                                     
                                                    Max Coll, Chairman
  
  
  Adopted                          Not Adopted                          
          (Chief Clerk)                                       (Chief Clerk)
  
                        Date                
  
  The roll call vote was  16  For  0  Against
  Yes:         16
               Excused:     Garcia, Watchman
          Absent: None
  
  
  .122302.1
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