2020 New Mexico Statutes
Chapter 10 - Public Officers and Employees
Article 11 - Retirement of Public Officers and Employees Generally
Section 10-11-26.2 - State general member coverage plan 3; age and service credit requirements for normal retirement.
A. Under state general member coverage plan 3:
(1) for a member who on or before June 30, 2013 was a peace officer and for a member who is not a peace officer but was a retired member or a member on June 30, 2013, the age and service credit requirements for normal retirement are:
(a) age sixty-five years or older and five or more years of service credit;
(b) age sixty-four years and eight or more years of service credit;
(c) age sixty-three years and eleven or more years of service credit;
(d) age sixty-two years and fourteen or more years of service credit;
(e) age sixty-one years and seventeen or more years of service credit;
(f) age sixty years and twenty or more years of service credit; or
(g) any age and twenty-five or more years of service credit;
(2) for a member who is not a peace officer and was not a retired member or a member on June 30, 2013, the age and service requirements for normal retirement are:
(a) age sixty-five years or older and five or more years of service credit; or
(b) any age if the member has five or more years of service credit and the sum of the member's age and years of service credit equals at least eighty-five; and
(3) for a member who on or after July 1, 2013 becomes a peace officer and who was not a retired member or a member on June 30, 2013, the age and service requirements for normal retirement are:
(a) age sixty years or older and five or more years of service credit; or
(b) any age and twenty-five or more years of service credit.
B. As used in this section, "peace officer" means any employee of the state with a duty to maintain public order or to make arrests for crime, whether that duty extends to all crimes or is limited to specific crimes, and who is not specifically covered by another coverage plan.
History: Laws 1994, ch. 128, § 3; 2009, ch. 288, § 6; 2013, ch. 225, § 10; 2020, ch. 9, § 24; 2020, ch. 11, § 4.
ANNOTATIONS2020 Multiple Amendments. — Laws 2020, ch. 9, § 24, with a contingent effective date, and Laws 2020, ch. 11, § 4, effective July 1, 2020, enacted different amendments to this section that can be reconciled. Laws 2020, ch. 11, § 4, effective July 1, 2020, is set out above. The provisions of Laws 2020, ch. 9, § 24, as reconciled with Laws 2020, ch. 11, § 4, become effective January 1, 2023, contingent upon certification by the secretary of state that the constitution of New Mexico has been amended as proposed by a joint resolution of the first session of the fifty-fourth legislature (Laws 2019, SJC/SRC/SJR Nos. 1 and 4, CA #1) at the general election to be held on November 3, 2020. See section that follows.
Laws 2020, ch. 11, § 4 [set out above], effective July 1, 2020, changed the service credit requirement for certain retirees; and in Subsection A, Subparagraph A(2)(a), after "sixty-five years or older and", deleted "eight" and added "five", in Subparagraph A(2)(b), after "the member has", deleted "eight" and added "five", and in Subparagraph A(3)(a), after "sixty years or older and", deleted "six" and added "five".
The 2013 amendment, effective July 1, 2013, increased the age and service requirements for normal retirement; in Paragraph (1) of Subsection A, in the introductory sentence, after "a member who", deleted "is" and added "on or before June 30, 2013" and after "a member on June 30", deletes "2010" and added "2013"; in Paragraph (2) of Subsection A, in the introductory sentence, after "a member on June 30", deleted "2010" and added "2013", in Subparagraph (a), after "age", deleted "sixty-seven" and added "sixty-five" and after "older and", deleted "five" and added "eight", and in Subparagraph (b), after "any age if", added "the member has eight of more years of service credit and" and after "equals at least", deleted "eighty" and added "eighty five", and deleted former Subparagraph (c), which provided "any age and thirty or more years of service credit"; and added Paragraph (3).
Severability. — Laws 2013, ch. 225, § 93 provided that if any part or application of Laws 2013, ch. 225 is held invalid, the remainder or its application to other situations or persons shall not be affected.
The 2009 amendment, effective July 1, 2011, added Paragraph (1) of Subsection A, but not Subparagraphs (a) through (g) of Paragraph (1); added Paragraph (2) of Subsection A; and added Subsection B.
