2018 New Mexico Statutes
Chapter 10 - Public Officers and Employees
Article 12C - Magistrate Retirement
Section 10-12C-11 - Employer contributions.
A. The state, through the administrative office of the courts, shall contribute to the fund fifteen percent of salary for each member in office, except that, from July 1, 2014 through June 30, 2015, the state contribution rate shall be eleven percent of salary for each member in office.
B. Twenty-five dollars ($25.00) from each civil case docket fee paid in magistrate court and ten dollars ($10.00) from each civil jury fee paid in magistrate court shall be paid by the court clerk to the employer's accumulation fund.
History: Laws 1992, ch. 118, § 11; 2003, ch. 81, § 6; 2005, ch. 247, § 2; 2009, ch. 127, § 10; 2011, ch. 178, § 12; 2014, ch. 39, § 8; 2014, ch. 43, § 8.
The 2014 amendment, effective July 1, 2014, increased contribution rates; in Subsection A, after "shall contribute", deleted "the following amounts" and after "contribute to the fund", added "fifteen percent of salary for each member in office, except that", after "from July 1", changed "2012" to "2014", after "through June 30", changed "2013" to "2015", and after "contribution rate shall be", deleted "nine and one-half" and added "eleven"; and in Subsection A, deleted former Paragraphs (1) and (2)(a) and (b), which provided a schedule of contribution rates.
Laws 2014, ch. 39, § 8 and Laws 2014, ch. 43, § 8, both effective July 1, 2014, enacted identical amendments to this section. The section was set out as amended by Laws 2014, ch. 43, § 8. See 12-1-8 NMSA 1978.
Severability. — Laws 2014, ch. 43, § 16 provided that if any part or application of Laws 2014, ch. 43 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 state 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 Subsection A(2), added the exception at the end of the sentence.
The 2005 amendment, effective July 1, 2005, provided the schedule of state contributions in Subsections A(1) and (2).
The 2003 amendment, effective July 1, 2003 deleted "or metropolitan" following "in magistrate" twice in Subsection B.
