New Mexico SB 148: FORMER OFFICERS AS SCHOOL SAFETY PERSONNEL

Bill Text

SB0148 

SENATE BILL 148

54th legislature - STATE OF NEW MEXICO - first session, 2019

INTRODUCED BY

Craig W. Brandt

FOR THE LEGISLATIVE EDUCATION STUDY COMMITTEE

AN ACT

RELATING TO RETIREMENT; ALLOWING COST-OF-LIVING ADJUSTMENT 
INCREASES TO RETIRED LAW ENFORCEMENT OFFICERS HIRED AS SCHOOL 
SECURITY PERSONNEL.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

 SECTION 1. Section 10-11-8 NMSA 1978 (being Laws 1987, 
Chapter 253, Section 8, as amended by Laws 2014, Chapter 35, 
Section 1 and by Laws 2014, Chapter 39, Section 1 and also by 
Laws 2014, Chapter 43, Section 1) is amended to read:

 "10-11-8. NORMAL RETIREMENT--RETURN TO EMPLOYMENT-- 
BENEFITS CONTINUED--CONTRIBUTIONS.--

 A. A member may retire upon fulfilling the 
following requirements prior to the selected date of 
retirement:

 (1) a written application for normal 
retirement, in the form prescribed by the association, is filed 
with the association;

 (2) employment is terminated with all 
employers covered by any state system or the educational 
retirement system;

 (3) the member selects an effective date of 
retirement that is the first day of a calendar month; and

 (4) the member meets the age and service 
credit requirement for normal retirement specified in the 
coverage plan applicable to the member.

 B. The amount of normal retirement pension is 
determined in accordance with the coverage plan applicable to 
the member.

 C. Except as provided in Subsection E of this 
section, on or after July 1, 2010, a retired member may be 
subsequently employed by an affiliated public employer only 
pursuant to the following provisions:

 (1) the retired member has not been employed 
as an employee of an affiliated public employer or retained as 
an independent contractor by the affiliated public employer 
from which the retired member retired for at least twelve 
consecutive months from the date of retirement to the 
commencement of subsequent employment or reemployment with an 
affiliated public employer; 

 (2) the retired member's pension shall be 
suspended upon commencement of the subsequent employment;

 (3) except as provided in Subsection G of this 
section, the retired member shall not become a member and shall 
not accrue service credit, and the retired member and that 
person's subsequent affiliated public employer shall not make 
contributions under any coverage plan pursuant to the Public 
Employees Retirement Act; and

 (4) upon termination of the subsequent 
employment, the retired member's pension shall resume in 
accordance with the provisions of Subsection A of this section.

 D. Notwithstanding the provisions of Subsection B 
of Section 10-11-118 NMSA 1978, on and after July 1, 2013, if a 
retired member becomes employed with an employer pursuant to 
the Educational Retirement Act, and effective July 1, 2014, if 
a retired member who, subsequent to retirement, is employed and 
covered pursuant to the Judicial Retirement Act, and, effective 
July 1, 2014, if a retired member who, subsequent to 
retirement, is employed and covered pursuant to the Magistrate 
Retirement Act:

 (1) the retired member's cost-of-living 
pension adjustment shall be suspended upon commencement of the 
employment, unless that retired member is a retired law 
enforcement officer who is employed as school security 
personnel; and

 (2) upon termination of the employment, the 
retired member's suspended cost-of-living pension adjustment 
shall be reinstated as provided under Subsection B of Section 
10-11-118 NMSA 1978, unless that retired member is a retired 
law enforcement officer who is employed as school security 
personnel.

 E. The provisions of Subsections C, H and I of this 
section do not apply to:

 (1) a retired member employed by the 
legislature for legislative session work;

 (2) a retired member employed temporarily as a 
precinct board member for a municipal election or an election 
covered by the Election Code; or

 (3) a retired member who is elected to serve a 
term as an elected official in an office covered pursuant to 
the Public Employees Retirement Act; provided that:

 (a) the retired member files an 
irrevocable exemption from membership with the association 
within thirty days of taking office; and

 (b) the irrevocable exemption shall be 
for the elected official's term of office.

 F. A retired member who returns to employment 
during retirement pursuant to Subsection E of this section is 
entitled to receive retirement benefits but is not entitled to 
accrue service credit or to acquire or purchase service credit 
in the future for the period of the retired member's subsequent 
employment with an affiliated public employer. 

 G. At any time during a retired member's subsequent 
employment pursuant to Subsection C of this section, the 
retired member may elect to become a member and the following 
conditions shall apply:

 (1) the previously retired member and the 
subsequent affiliated public employer s