2018 New Mexico Statutes
Chapter 10 - Public Officers and Employees
Article 12C - Magistrate Retirement
Section 10-12C-7 - Funds not subject to legal process; division of funds as community property; legal process to satisfy child support obligations.

A. Except as provided in Subsections B and C of this section, none of the money, pensions or other benefits provided pursuant to the provisions of the Magistrate Retirement Act shall be assignable either in law or in equity or be subject to execution, levy, attachment, garnishment or other legal process.

B. A court of competent jurisdiction, solely for the purposes of effecting a division of community property in a divorce or legal separation proceeding, may provide by appropriate order for a determination and division of a community interest in the pensions or other benefits provided for in the Magistrate Retirement Act. The court shall fix the manner in which warrants are issued, may order direct payments to a person with a community interest in the pensions or other benefits, may require the election of a specific form of payment and designation of a specific survivor beneficiary or refund beneficiary and may restrain the refund of accumulated member contributions. Payments made pursuant to such orders shall only be made when member contributions are refunded or a pension is payable in accordance with the provisions of the Magistrate Retirement Act. The court shall not alter the manner in which the amount of pensions or other benefits is calculated by the association or cause any increase in the actuarial present value of the pensions or other benefits to be paid by the association.

C. A court of competent jurisdiction, solely for the purposes of enforcing current or delinquent child-support obligations, may provide by appropriate order for withholding amounts due in satisfaction of current or delinquent child-support obligations from the pensions or other benefits provided for in the Magistrate Retirement Act and for payment of such amounts to third parties. The court shall not alter the manner in which the amount of pensions or other benefits is calculated by the association. The court shall not cause any increase in the actuarial present value of the pensions or other benefits to be paid from the fund. Payments made pursuant to such orders shall only be made when member contributions are refunded or when a pension is payable in accordance with the provisions of the Magistrate Retirement Act. In no case shall more money be paid out, either in a lump sum or in monthly pension payments, of the fund in enforcement of current or delinquent child-support obligations than would otherwise be payable at that time.

History: Laws 1992, ch. 118, § 7; 1995, ch. 115, § 13.

Cross references. — For exemption from legal process for Public Employees Retirement Act benefits, see 10-11-135 NMSA 1978.

For exemption from legal Judicial Retirement Act benefits, see 10-12B-7 NMSA 1978.

For exemption from legal process for Educational Retirement Act benefits, see 22-11-42 NMSA 1978.

For exemption from legal process for interest from state police pension fund, see 29-4-10 NMSA 1978.

For exemption from legal process for married persons or heads of households, see 42-10-1 NMSA 1978.

For rules governing garnishment and writs of execution in the district, magistrate, and metropolitan courts, see Rules 1-065.1, 2-801, and 3-801 NMRA, respectively.

For form for claim of exemptions on executions, see Rule 4-803 NMRA.

For form for order on claim of exemption and order to pay in execution proceedings, see Rule 4-804 NMRA.

For form for application for writ of garnishment and affidavit, see Rule 4-805 NMRA.

For form for notice of right to claim exemptions from execution, see Rule 4-808A NMRA.

For form for claim of exemption from garnishment, see Rule 4-809 NMRA.

The 1995 amendment, effective June 16, 1995, in Subsection B, inserted "in a divorce or legal separation proceeding" in the first sentence, and "election of a specific form of payment and" in the second sentence, inserted the third sentence, and substituted "by the association" for "from the fund" at the end of the last sentence; and, in Subsection C, substituted "member contributions are refunded or when a pension is payable in accordance with the provisions of the Magistrate Retirement Act" for "the member leaves office and requests a refund of contributions or when the member retires" in the next-to-last sentence and "pension payments" for "benefits" in the last sentence.