2020 New Mexico Statutes
Chapter 10 - Public Officers and Employees
Article 11 - Retirement of Public Officers and Employees Generally
Section 10-11-125 - Member contributions; tax treatment.

Upon implementation, each affiliated public employer shall, solely for the purpose of compliance with Section 414(h) of the Internal Revenue Code, pick up, for the purposes specified in that section, member contributions required by the Public Employees Retirement Act for all salary earned by the member after implementation. Member contributions picked up under the provisions of this section shall be treated as affiliated public employer contributions for purposes of determining income tax obligations under the Internal Revenue Code; however, such picked up member contributions shall be included in the determination of the member's gross annual salary for all other purposes under federal and state laws. Members' contributions picked up under this section shall continue to be designated member contributions for all purposes of the Public Employees Retirement Act and shall be considered as part of the member's salary for purposes of determining the amount of the member's contribution. The provisions of this section are mandatory, and the member shall have no option concerning the pick up or to receive the contributed amounts directly instead of having them paid by the affiliated public employer to the association. With respect to members employed by an affiliated public employer other than the state, implementation occurs upon the employer's filing of a resolution with the association stating the employer's intent to pick up member contributions as provided in this section. With respect to members employed by the state, implementation occurs upon authorization by the association. In no event may implementation occur other than at the beginning of a pay period.

History: Laws 1987, ch. 253, § 125.

Cross references. — For Section 414(h) of the Internal Revenue Code, see 26 U.S.C. § 414(h).

Provisions are salary reductions subject to FICA tax. — "Pickup" provisions of this section and Section 22-11-21.1 NMSA 1978, whereby the state designated certain employee pension contributions as employer contributions, constitute salary reduction agreements, and, as such, are subject to FICA taxes under 26 U.S.C. § 3121(v)(1)(B), 42 U.S.C. § 409(I)(2), and 26 U.S.C. § 3306(r)(1)(B), following the 1984 amendments to those sections. Public Emps. Ret. Bd. v. Shalala, 153 F.3d 1160 (10th Cir. 1998).