2018 New Mexico Statutes
Chapter 10 - Public Officers and Employees
Article 12B - Judicial Retirement
Section 10-12B-1 - Short title.
Chapter 10, Article 12B NMSA 1978 may be cited as the "Judicial Retirement Act".
History: Laws 1992, ch. 111, § 1; 2011, ch. 178, § 7.
The 2011 amendment, effective July 1, 2011, changed the statutory reference to the act.
Impairment of contract and repeal of tax exemption. — Because no private contractual rights were granted by the retirement plan, there was no impairment or breach of contract resulting from the 1990 repeal of the tax exemption provision contained in former Section 10-12-18 NMSA 1978 and, although the plan conferred property rights that vested upon accumulating minimum earned service credits, those rights did not include the right to receive pension benefits exempt from tax. Pierce v. State, 1996-NMSC-001, 121 N.M. 212, 910 P.2d 288.
Due process and repeal of tax exemption. — Because the retirement plan provided no contractual or vested right to receive an irrevocable tax exemption, there was no constitutionally protected private interest in the tax exemption and there was no due process violation when the exemption was repealed. Pierce v. State, 1996-NMSC-001, 121 N.M. 212, 910 P.2d 288.
