2018 New Mexico Statutes
Chapter 10 - Public Officers and Employees
Article 12C - Magistrate Retirement
Section 10-12C-9 - Amount of pension.
A. For a magistrate who was a member on June 30, 2014, the monthly pension is an amount equal to the sum of:
(1) for service credit earned on or before June 30, 2014, the amount is equal to one-twelfth of:
| seventy-five percent of salary recevied during last year in office prior to retirement | X .05 X | (number of years of service, not exceeding fifteen years, plus five years); and |
(2) for service credit earned on and after July 1, 2014, an amount equal to one-sixtieth of the greatest aggregate amount of salary received for sixty consecutive, but not necessarily continuous, months in office multiplied by the product of three and one-half percent times the sum of the number of years of service.
B. For a magistrate who initially became a member on or after July 1, 2014, the amount of monthly pension is equal to one-sixtieth of the greatest aggregate amount of salary received for sixty consecutive, but not necessarily continuous, months in office multiplied by the product of three percent times the sum of the number of years of service.
C. The amount of monthly pension under form of payment A for a pension calculated pursuant to Subsection B of this section shall not exceed eighty-five percent of one-sixtieth of the greatest aggregate amount of salary received for sixty consecutive, but not necessarily continuous, months prior to the member leaving office.
D. The amount of monthly pension payable for a pension calculated pursuant to Subsection A of this section shall not exceed eighty-five percent of one-sixtieth of the greatest aggregate amount of salary received for sixty consecutive, but not necessarily continuous, months prior to the member leaving office. A pension benefit determined pursuant to this subsection shall not be less than the benefit earned as of June 30, 2014.
History: Laws 1992, ch. 118, § 9; 2014, ch. 39, § 6; 2014, ch. 43, § 6.
The 2014 amendment, effective July 1, 2014, decreased the pension multiplier for services credit earned after June 30, 2014; increased the maximum pension benefit; in Subsection A, added the introductory sentence; in Subsection A, Paragraph (1), at the beginning of the sentence, added "for service credit earned on or before June 30, 2014", and after "the amount", deleted "of pension"; in Subsection A, added Paragraph (2); and added Subsections B, C and D.
Laws 2014, ch. 39, § 6 and Laws 2014, ch. 43, § 6, both effective July 1, 2014, enacted identical amendments to this section. The section was set out as amended by Laws 2014, ch. 43, § 6. 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.
