2018 New Mexico Statutes
Chapter 10 - Public Officers and Employees
Article 11 - Retirement of Public Officers and Employees Generally
Section 10-11-1 - Short title.
Chapter 10, Article 11 NMSA 1978 may be cited as the "Public Employees Retirement Act".
History: Laws 1987, ch. 253, § 1.
Repeals and reenactments. — Laws 1987, Chapter 253 repealed former 10-11-1 NMSA 1978, as amended by Laws 1985 (1st S.S.), ch. 10, § 1, relating to definitions, and enacted the above section, effective July 1, 1987.
Compiler's notes. — Laws 1987, ch. 59 purported to amend this section, but was not published because of the repeal and reenactment by Laws 1987, ch. 253. See 12-1-8 NMSA 1978.
Recovery of worker's compensation benefits and benefits under this article. — A worker is not precluded from recovering benefits under both the Public Employees' Retirement Act and the Workers' Compensation Act. Montney v. State ex rel. State Highway Dep't, 1989-NMCA-002, 108 N.M. 326, 772 P.2d 360.
Legislative retirement provisions unconstitutional. — The legislative retirement provisions of the Public Employees' Retirement Act, Chapter 10, Article 11 NMSA 1978, are unconstitutional, invalid and unenforceable: Legislators may receive only per diem and mileage under N.M. Const., art. IV, § 10. 1987 Op. Att'y Gen. No. 87-62.
Law reviews. — For note and comment: "For This Right There is a Remedy: The New Mexico Supreme Court's Application of Ex Parte Young to Allow Suits Against the State in Gill v. Public Employees Retirement Board", see 35 N.M.L. Rev. 501 (2005).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 60A Am. Jur. 2d Pensions and Retirement Funds §§ 85, 1603 to 1737.
Employer's liability, under state law, for fraud or misrepresentation inducing employee to take early retirement, 14 A.L.R.5th 537.
Construction and application of Employee Retirement Income Security Act of 1974 (29 USCA §§ 1001 et seq.) by United States Supreme Court, 150 A.L.R. Fed. 441.
67 C.J.S. Officers and Public Employees §§ 243 to 249; 70 C.J.S. Pensions and Retirement Plans and Benefits §§ 1 to 6, 19 to 110; 81 A C.J.S. States §§ 112 to 119.
