2020 New Mexico Statutes
Chapter 10 - Public Officers and Employees
Article 11A - Volunteer Firefighters Retirement
Section 10-11A-2 - Definitions.

As used in the Volunteer Firefighters Retirement Act:

A. "association" means the public employees retirement association;

B. "board" means the retirement board of the association;

C. "fire department" means a fire department with volunteer members that is certified by the fire marshal division of the public regulation commission;

D. "fund" means the volunteer firefighters retirement fund; and

E. "member" means a volunteer nonsalaried firefighter who is listed as an active member on the rolls of a fire department and whose first year of service credit was accumulated during or after the year the member attained the age of sixteen. A volunteer firefighter who receives reimbursement for personal out-of-pocket costs shall not be considered a salaried firefighter.

History: Laws 1983, ch. 263, § 2; 2003, ch. 370, § 2; 2009, ch. 262, § 1.

The 2009 amendment, effective June 19, 2009, in Subsection C, after "means", deleted "any volunteer"; after "fire department", added "with volunteer members that is" and after "fire marshal", deleted "bureau of the insurance"; and in Subsection E, added the last sentence.

The 2003 amendment, effective June 20, 2003, deleted "public employee retirement" from Subsection B; substituted "marshal bureau of the insurance division of the public regulation commission" for "state fire marshal's office" in Subsection C; and deleted the end of the first sentence and the last sentence of Subsection E which read " and no later than during the year in which he attained the age of forty-five. Excluded from membership is any volunteer nonsalaried firefighter who has been retired by or is receiving an annuity from any other retirement, pension or annuity plan created and established by the state or any of its political subdivisions, except the state police pension fund established under the provisions of Sections 29-4-1 through 29-4-11 NMSA 1978".

Retroactive effect of 2003 amendment. — Although the legislature has amended Subsection E of this section to apply to volunteer firefighters whose first year of service credit was accumulated during or after the year the firefighter attained the age of 16, the amended section maks no mention of retroactive effect. Gill v. Pub. Emps. Ret. Bd., 2004-NMSC-016, 135 N.M. 472, 90 P.3d 491.

Membership exclusions. — A Public Employees Retirement Act member, having entitlement to PERA retirement benefits upon meeting the necessary age and service requirements, may not also participate in and receive benefits under the Volunteer Firefighters Retirement Act. 1987 Op. Att'y Gen. No. 87-75.

Law reviews. — For note and comment: "For This Right There is a Remedy: The New Mexico Supreme Court's Application of Ex Parte Young to Allow Suits Against the State in Gill v. Public Employees Retirement Board", see 35 N.M.L. Rev. 501 (2005).