2018 New Mexico Statutes
Chapter 10 - Public Officers and Employees
Article 12B - Judicial Retirement
Section 10-12B-11 - Employer contributions.
A. The member's court shall contribute fifteen percent of salary to the fund for each member in office.
B. Thirty-eight dollars ($38.00) from each civil case docket fee paid in the district court, twenty-five dollars ($25.00) from each civil docket fee paid in metropolitan court and ten dollars ($10.00) from each jury fee paid in metropolitan court shall be paid by the court clerk to the employer's accumulation fund.
History: Laws 1992, ch. 111, § 11; 2003, ch. 81, § 3; 2005, ch. 246, § 4; 2009, ch. 127, § 8; 2011, ch. 178, § 9; 2014, ch. 35, § 8.
The 2014 amendment, effective July 1, 2014, increased contribution rates; in Subsection A, after "shall contribute", deleted "the following amounts" and added "fifteen percent of salary", and after "to the fund", added "for each member in office"; and in Subsection A, deleted Paragraphs (1) through (3), which provided a schedule of contribution rates.
Severability. — Laws 2014, ch. 35, § 16 provided that if any part or application of Laws 2014, ch. 35 is held invalid, the remainder or its application to other situations or persons shall not be affected.
The 2011 amendment, effective July 1, 2011, decreased the court contribution rate for the period from July 1, 2011 through June 30, 2012.
Temporary provisions. — Laws 2011, ch. 178, § 15 provided that for the purposes of calculating employee and employer contributions due after June 30, 2011, in determining whether an employee has an annual salary greater or less than twenty thousand dollars ($20,000), the employee's annual salary shall be the employee's base hourly rate at the time the contribution is made multiplied by the number of compensable hours for a full-time-equivalent in the employee's position at the time the contribution is made as determined by the employer; provided that the department of finance and administration shall determine the number of compensable hours for a full-time-equivalent in the employee's position for employees who are members in a retirement program provided for in the Public Employees Retirement Act, the Magistrate Retirement Act or the Judicial Retirement Act.
Laws 2011, ch. 178, § 16, provided that notwithstanding a provision of Laws 2011, Chapter 178 to the contrary, the employer and employee contribution rates required by this act for the period from July 1, 2011 through June 30, 2012 shall continue for the period from July 1, 2012 through June 30, 2013 if, after the last consensus revenue forecast before the beginning of the second session of the fiftieth legislature, the secretary of finance and administration certifies to the retirement board of the public employees retirement association, the educational retirement board and the legislative finance committee that, according to the consensus revenue forecast:
(1) general fund revenues in fiscal year 2012 will be less than one hundred million dollars ($100,000,000) more than the general fund revenue forecast reflected in the fiscal year 2012 state budget; and
(2) at the end of fiscal year 2012, the total amount in the state reserve funds will be less than five percent of the total general fund appropriations for fiscal year 2012.
The 2009 amendment, effective July 1, 2009, in Paragraph (3) of Subsection A, added the exception at the end of the sentence.
The 2005 amendment, effective June 17, 2005, provided the schedule of contributions of the member's court in Subsections A(1) through (3).
The 2003 amendment, effective July 1, 2003 inserted "twenty-five dollars ($25.00) from each civil docket fee paid in metropolitan court and ten dollars ($10.00) from each jury fee paid in metropolitan court" following "district court" near the middle of Subsection B.
