2020 New Mexico Statutes
Chapter 22 - Public Schools
Article 11 - Educational Retirement
Section 22-11-16 - Regular membership.
Except as otherwise provided in the Educational Retirement Act, being a regular member shall be a condition of employment and shall exclude membership and participation in any other state retirement program.
History: 1953 Comp., § 77-9-16, enacted by Laws 1967, ch. 16, § 140.
ANNOTATIONSCross references. — For optional coverage of persons qualified to be regular members and covered by retirement program for federal civil service employees, see 22-11-19 NMSA 1978.
Retired legislator entitled to benefits from educational and public employees' retirement systems. — Since when a legislator is retired and no longer an employee he is not, pursuant to Section 22-11-2 NMSA 1978, a "regular member" under the Education Retirement Act and is not excluded from membership and participation in another state retirement program by this section, therefore he may receive benefits from both the educational retirement system and the public employees' retirement system. 1979 Op. Att'y Gen. No. 79-05.
Public employees retirement association. — Full-time city public school teacher who was a member of the educational retirement system, and who was simultaneously employed on a part-time basis by the city, was not required to be a member of the public employees retirement association. 1988 Op. Att'y Gen. No. 88-70.
