SB 2 — JUDICIAL RETIREMENT CHANGES

G.

Each year, following receipt of the report of the annual actuarial valuation, the excess, if any, of the reported actuarial present value of pensions being paid and likely to be paid to retired members and survivor beneficiaries and residual refunds likely to be paid to refund beneficiaries of retired members and survivor beneficiaries over the balance h in the retirement reserve fund shall be transferred to the u » r t h retirement reserve fund from the employer's accumulation fund.

g e l i H.

The income fund is the accounting fund to which h r i s shall be credited all interest, dividends, rents and other h , e h t u g income from investments of the fund, all gifts and bequests, e b l e e , gh all unclaimed member contributions and all other money the n d d i = = o h l ] b ,d disposition of which is not specifically provided for in the i a º r e r = Judicial Retirement Act.

Expenses related to the t e w d m a n o d m :

b r e t º o t n = .221183.1AIC February 9, 2022 (5:00pm) s k m e - 4 - e a n e d r e l u [ A d administration of the Judicial Retirement Act shall be paid for from the income fund.

I.

The association shall at least annually distribute all or a portion of the balance in the income fund to the member contribution fund, the retirement reserve fund and the employer's accumulation fund.

Distribution rates shall be determined by the board and may vary for the respective accounting funds." SECTION 2.

Section 10-12B-9 NMSA 1978 (being Laws 1992, Chapter 111, Section 9, as amended) is amended to read:

"10-12B-9.

AMOUNT OF PENSION.-- A.

For a judge or justice who occupied such an office prior to July 1, 1980, but who had ceased to hold such an office prior to that date and who elected to be excluded from the provisions of the Judicial Retirement Act;

or a judge or justice who occupied such an office on July 1, 1980, but who h g elected to be covered under the provisions of the retirement o t hr plan in effect at that time, the amount of monthly pension is g e i k an amount equal to one-twelfth of:

h r i s h seventy-five percent , t, e u g of salary received X number of years of e b l e e h during last year in service, not exceeding n d d i = = o h l ] b ,d office prior to ten years, divided i a º e r i = r retirement by ten.

t e w d m a n o d m :

b e d s º o t n = .221183.1AIC February 9, 2022 (5:00pm) s k m e - 5 - e a n e d r e l u [ A d B.

For a judge or justice who initially became a member before July 1, 2005 and who initially occupied such an office after July 1, 1980;

or a judge or justice who occupied such an office on or before July 1, 1980 and who has elected to be covered pursuant to the provisions of the Judicial Retirement Act, the amount of monthly pension is an amount equal to the sum of:

(1) for service credit earned on or before June 30, 2014, an amount equal to one-twelfth of:

seventy-five (number of years of percent of salary service not received during X .05 X exceeding fifteen last year in office years, plus five prior to retirement years);

[and] (2) for service credit earned on and after July 1, 2014 but on or before June 30, 2022, an amount equal to h g one-sixtieth of the greatest aggregate amount of salary o t hr received for sixty consecutive, but not necessarily continuous, g e i k months in office multiplied by the product of three and one- h r i s h half percent times the number of years of service credit;

and , t, e u g (3) for service credit earned on or after July e b l e e h 1, 2022:

n d d i = = o h l ] b ,d (a) if the judge or justice has occupied i a º e r i = r that office for less than ten years, an amount equal to one- t e w d m a n o d m :

b e d s º o t n = .221183.1AIC February 9, 2022 (5:00pm) s k m e - 6 - e a n e d r e l u [ A d sixtieth of the greatest aggregate amount of salary received for sixty consecutive, but not necessarily continuous, months in office multiplied by the product of four percent times the number of years of service credit;

or (b) if the judge or justice has occupied that office for ten years or more, an amount equal to one- sixtieth of the greatest aggregate amount of salary received for sixty consecutive, but not necessarily continuous, months in office multiplied by the product of three and one-half percent times the number of years of service credit.

C.

For a judge or justice who initially became a member after June 30, 2005 but on or before June 30, 2014, the amount of monthly pension is an amount equal to the sum of:

(1) for service credit earned on or before June 30, 2014, an amount equal to one-twelfth of the salary received during the last year in office prior to retirement h multiplied by the product of three and seventy-five hundredths u » r t h percent times the sum of the number of years of service;

[and] g e l i (2) for service credit earned on and after h r i s July 1, 2014 but on or before June 30, 2022, an amount equal to h , e h t u g one-sixtieth of the greatest aggregate amount of salary e b l e e , gh received for sixty consecutive, but not necessarily continuous, n d d i = = o h l ] b ,d months in office multiplied by the product of three and one- i a º r e r = half percent times the number of years of service credit;

and t e w d m a n o d m :

b r e t º o t n = .221183.1AIC February 9, 2022 (5:00pm) s k m e - 7 - e a n e d r e l u [ A d (3) for service credit earned on or after July 1, 2022:

(a) if the judge or justice has occupied that office for less than ten years, an amount equal to one- sixtieth of the greatest aggregate amount of salary received for sixty consecutive, but not necessarily continuous, months in office multiplied by the product of four percent times the number of years of service credit;

or (b) if the judge or justice has occupied that office for ten years or more, an amount equal to one- sixtieth of the greatest aggregate amount of salary received for sixty consecutive, but not necessarily continuous, months in office multiplied by the product of three and one-half percent times the number of years of service credit.

D.

For a judge or justice who initially became a member on or after July 1, 2014, the amount of monthly pension h under form of payment A is an amount equal to the sum of:

u » r t h (1) for service credit earned on and after g e l i July 1, 2014 but on or before June 30, 2022, one-sixtieth of h r i s the greatest aggregate amount of salary received for sixty h , e h t u g consecutive, but not necessarily continuous, months in office e b l e e , gh multiplied by the product of three and one-fourth percent times n d d i = = o h l ] b ,d the number of years of service;

and i a º r e r = (2) for service credit earned on or after July t e w d m a n o d m :

b r e t º o t n = .221183.1AIC February 9, 2022 (5:00pm) s k m e - 8 - e a n e d r e l u [ A d 1, 2022, provided that the judge or justice has occupied that office for less than ten years, an amount equal to one-sixtieth of the greatest aggregate amount of salary received for sixty consecutive, but not necessarily continuous, months in office multiplied by the product of four percent times the number of years of service credit;

or (3) for service credit earned on or after July 1, 2022, provided that the judge or justice has occupied that office for ten years or more, an amount equal to one-sixtieth of the greatest aggregate amount of salary received for sixty consecutive, but not necessarily continuous, months in office multiplied by the product of three and one-half percent times the number of years of service credit.

E.

The amount of pension under form of payment A for a pension calculated pursuant to Subsection D of this section shall not exceed eighty-five percent of one-sixtieth of h the greatest aggregate amount of salary received for sixty u » r t h consecutive, but not necessarily continuous, months prior to g e l i the member leaving office.

h r i s F.

The amount of pension payable for a pension h , e h t u g calculated pursuant to Subsection A, B or C of this section e b l e e , gh shall not exceed eighty-five percent of one-sixtieth of the n d d i = = o h l ] b ,d greatest aggregate amount of salary received for sixty i a º r e r = consecutive, but not necessarily continuous, months prior to t e w d m a n o d m :

b r e t º o t n = .221183.1AIC February 9, 2022 (5:00pm) s k m e - 9 - e a n e d r e l u [ A d the member leaving office.

A pension benefit determined pursuant to this subsection shall not be less than the benefit earned as of June 30, 2014." SECTION 3.

Section 10-12C-3 NMSA 1978 (being Laws 1992, Chapter 118, Section 3, as amended) is amended to read:

"10-12C-3.

MAGISTRATE RETIREMENT FUND ESTABLISHED-- ADMINISTRATION OF FUND--ACCOUNTING FUNDS.-- A.

There is established in the state treasury the "magistrate retirement fund".

The fund [is comprised] consists of appropriations, money received from docket fees of magistrate courts, employer and member contributions and [any] all income derived from the investment [earnings on fees and contributions] of the fund.

The board is the trustee of the fund and shall administer and invest the fund.

Investment of the fund shall be conducted pursuant to the provisions of the Public Employees Retirement Act.

The provisions of the h g Magistrate Retirement Act shall be administered by the board.

o t hr The board is authorized to promulgate rules.

Expenses related g e i k to the investment of the fund and administration of the h r i s h Magistrate Retirement Act shall be paid from the fund.

, t, e u g B.

For purposes of this section, the accounting e b l e e h funds shall be known as the "member contribution fund", n d d i = = o h l ] b ,d "employer's accumulation fund", "retirement reserve fund" and i a º e r i = r "income fund".

The maintenance of separate accounting funds t e w d m a n o d m :

b e d s º o t n = .221183.1AIC February 9, 2022 (5:00pm) s k m e - 10 - e a n e d r e l u [ A d shall not require the actual segregation of the assets of the fund.

C.

The accounting funds provided for in this section are trust funds and shall be used only for the purposes provided for in the Magistrate Retirement Act.

D.

The member contribution fund is the accounting fund in which shall be accumulated contributions of members and from which shall be made refunds and transfers of accumulated member contributions as provided in the Magistrate Retirement Act.

The member's court shall cause member contributions to be deducted from the salary of the member and shall remit the deducted member contributions to the association in accordance with procedures and schedules established by the association.

The association may assess an interest charge and a penalty charge on any late remittance.

Each member shall be deemed to consent and agree to the deductions made and provided for in h this section.

Contributions by members shall be credited to u » r t h the members' individual accounts in the member contribution g e l i fund.

A member's accumulated member contributions shall be h r i s transferred to the retirement reserve fund when a pension h , e h t u g becomes payable.

e b l e e , gh E.

The employer's accumulation fund is the n d d i = = o h l ] b ,d accounting fund in which shall be accumulated the contributions i a º r e r = paid by the state through the administrative office of the t e w d m a n o d m :

b r e t º o t n = .221183.1AIC February 9, 2022 (5:00pm) s k m e - 11 - e a n e d r e l u [ A d courts.

The state, through the administrative office of the courts, shall remit its contributions to the association in accordance with procedures and schedules established by the association.

The board may assess an interest charge and a penalty charge on any late remittance.

F.

The retirement reserve fund is the accounting fund from which shall be paid all pensions to retired members and survivor beneficiaries and all residual refunds to refund beneficiaries of retired members and survivor beneficiaries.

G.

Each year, following receipt of the report of the annual actuarial valuation, the excess, if any, of the reported actuarial present value of pensions being paid and likely to be paid to retired members and survivor beneficiaries and residual refunds likely to be paid to refund beneficiaries of retired members and survivor beneficiaries over the balance in the retirement reserve fund shall be transferred to the h retirement reserve fund from the employer's accumulation fund.

u » r t h H.

The income fund is the accounting fund to which g e l i shall be credited all interest, dividends, rents and other h r i s income from investments of the fund, all gifts and bequests, h , e h t u g all unclaimed member contributions and all other money the e b l e e , gh disposition of which is not specifically provided for in the n d d i = = o h l ] b ,d Magistrate Retirement Act.

Expenses related to the i a º r e r = administration of the Magistrate Retirement Act shall be paid t e w d m a n o d m :

b r e t º o t n = .221183.1AIC February 9, 2022 (5:00pm) s k m e - 12 - e a n e d r e l u [ A d for from the income fund.

I.

The association shall at least annually distribute all or a portion of the balance in the income fund to the member contribution fund, the retirement reserve fund and the employer's accumulation fund.

Distribution rates shall be determined by the board and may vary for the respective accounting funds." SECTION 4.

Section 10-12C-9 NMSA 1978 (being Laws 1992, Chapter 118, Section 9, as amended by Laws 2014, Chapter 39, Section 6 and by Laws 2014, Chapter 43, Section 6) is amended to read:

"10-12C-9.

AMOUNT OF PENSION.-- A.

For a magistrate who was a member on June 30, 2014, the monthly pension is an amount equal to the sum of:

(1) for service credit earned on or before June 30, 2014, the amount is equal to one-twelfth of:

h g seventy-five percent o t hr of salary received (number of years of g e i k during last year in X .05 X service, not exceeding h r i s h office prior to fifteen years, , t, e u g retirement plus five years);

and e b l e e h (2) for service credit earned on and after n d d i = = o h l ] b ,d July 1, 2014, an amount equal to one-sixtieth of the greatest i a º e r i = r aggregate amount of salary received for sixty consecutive, but t e w d m a n o d m :

b e d s º o t n = .221183.1AIC February 9, 2022 (5:00pm) s k m e - 13 - e a n e d r e l u [ A d not necessarily continuous, months in office multiplied by the product of three and one-half percent times the sum of the number of years of service.

B.

For a magistrate who initially became a member on or after July 1, 2014, the amount of monthly pension is equal to:

(1) for service credit earned on and after July 1, 2014 but on or before June 30, 2022, an amount equal to one-sixtieth of the greatest aggregate amount of salary received for sixty consecutive, but not necessarily continuous, months in office multiplied by the product of three percent times the sum of the number of years of service;

or (2) for service credit earned on and after July 1, 2022, an amount equal to one-sixtieth of the greatest aggregate amount of salary received for sixty consecutive, but not necessarily continuous, months in office multiplied by the h product of three and one-half percent times the sum of the u » r t h number of years of service.

g e l i C.

The amount of monthly pension under form of h r i s payment A for a pension calculated pursuant to Subsection B of h , e h t u g this section shall not exceed eighty-five percent of one- e b l e e , gh sixtieth of the greatest aggregate amount of salary received n d d i = = o h l ] b ,d for sixty consecutive, but not necessarily continuous, months i a º r e r = prior to the member leaving office.

t e w d m a n o d m :

b r e t º o t n = .221183.1AIC February 9, 2022 (5:00pm) s k m e - 14 - e a n e d r e l u [ A d D.

The amount of monthly pension payable for a pension calculated pursuant to Subsection A of this section shall not exceed eighty-five percent of one-sixtieth of the greatest aggregate amount of salary received for sixty consecutive, but not necessarily continuous, months prior to the member leaving office.

A pension benefit determined pursuant to this subsection shall not be less than the benefit earned as of June 30, 2014." SECTION 5.

Section 34-1-9 NMSA 1978 (being Laws 1993, Chapter 278, Section 1, as amended) is amended to read:

"34-1-9.

SALARIES OF JUSTICES, JUDGES AND MAGISTRATES.-- A.

Justices of the supreme court shall each receive an annual salary [as provided by the legislature] equal to the annual salary received by New Mexico federal magistrate court judges.

The chief justice of the supreme court shall receive an annual salary that is two thousand dollars ($2,000) more h g than the annual salary of a justice of the supreme court.

o t hr B.

The chief judge of:

g e i k (1) the court of appeals shall receive an h r i s h annual salary that is ninety-five percent of the annual salary , t, e u g of the chief justice of the supreme court;

e b l e e h (2) a district court shall receive an annual n d d i = = o h l ] b ,d salary that is ninety-five percent of the annual salary of the i a º e r i = r chief judge of the court of appeals;

and t e w d m a n o d m :

b e d s º o t n = .221183.1AIC February 9, 2022 (5:00pm) s k m e - 15 - e a n e d r e l u [ A d (3) a metropolitan court shall receive an annual salary that is ninety-five percent of the annual salary of the chief judge of a district court.

[C.

The presiding magistrate of a magistrate district where three or more divisions operate as a single court shall receive an annual salary that is seventy-five percent of the annual salary of the chief judge of a metropolitan court.

D.] C.

Notwithstanding any other provision of law or any other provision of this section, the annual salaries of the following judges [and magistrates] shall be established as follows:

(1) a judge of the court of appeals shall receive an annual salary that is ninety-five percent of the annual salary of a justice of the supreme court;

(2) a district court judge shall receive an h annual salary that is ninety-five percent of the annual salary u » r t h of a judge of the court of appeals;

and g e l i (3) a metropolitan court judge shall receive h r i s an annual salary that is ninety-five percent of the annual h , e h t u g salary of a district court judge.

e b l e e , gh [(4) a full-time magistrate shall receive an n d d i = = o h l ] b ,d annual salary that is seventy-five percent of the annual salary i a º r e r = of a metropolitan court judge;

t e w d m a n o d m :

b r e t º o t n = .221183.1AIC February 9, 2022 (5:00pm) s k m e - 16 - e a n e d r e l u [ A d (5) a half-time magistrate shall receive an annual salary that is fifty percent of the annual salary of a full-time magistrate;

and (6) a quarter-time magistrate shall receive an annual salary that is twenty-five percent of the annual salary of a full-time magistrate.

E.] D.

For fiscal year 1995 and all subsequent fiscal years, the annual salary for justices of the supreme court, judges of the court of appeals, district court judges, metropolitan court judges and magistrates shall be [established] provided by the legislature in an appropriations act.

[F.] E.

No additional salaries shall be paid to justices, judges or magistrates on account of services rendered the state.

Justices of the supreme court, judges of the court of appeals, district court judges, metropolitan court judges h and magistrates shall receive per diem and mileage for u » r t h necessary travel on official business of the court as provided g e l i in the Per Diem and Mileage Act." h r i s SECTION 6.

APPROPRIATION.--Thirty-five million dollars h , e h t u g ($35,000,000) is appropriated from the general fund to the e b l e e , gh judicial retirement fund for expenditure in fiscal year 2023 n d d i = = o h l ] b ,d and subsequent fiscal years to address solvency issues related i a º r e r = to the Judicial Retirement Act.

Any unexpended or unencumbered t e w d m a n o d m :

b r e t º o t n = .221183.1AIC February 9, 2022 (5:00pm) s k m e - 17 - e a n e d r e l u [ A d balance remaining at the end of a fiscal year shall not revert to the general fund.

SECTION 7.

APPROPRIATION.--Ten million dollars ($10,000,000) is appropriated from the general fund to the magistrate retirement fund for expenditure in fiscal year 2023 and subsequent fiscal years to address solvency issues related to the Magistrate Retirement Act.

Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.»SFC SFCºSECTION 1.

"accumulated member contributions" means the h amounts deducted from the salary of a member and credited to u » r t h the member's individual account, together with interest, if g e l i any, credited to that account;

h r i s B.

"affiliated public employer" means the state and h , e h t u g any public employer affiliated with the association as provided e b l e e , gh in the Public Employees Retirement Act, but does not include an n d d i = = o h l ] b ,d employer pursuant to the Magistrate Retirement Act,SB the2 iPage a1 ºAct, rthe e r = Judicial Retirement Act or the Educational Retirement Act;

tC. e w d m a n o d m :

b r e t º o t n = .221183.1AIC February 9, 2022 (5:00pm) s k m e - 18 - e a n e d r e l u [ A d C.

"educational retirement system" means that retirement system provided for in the Educational Retirement h Act;

u » r t h H.

"employee" means any employee of an affiliated g e l i public employer;

h r i s I.

"federal social security program" means that h , e h t u g program or those programs created and administered pursuant to e b l e e , gh the act of congress approved August 14, 1935, Chapter 531, 49 n d d i = = o h l ] b ,d Stat.

iSB a2 ºPage r2 e r = J.

"final average salary" means the final average tsalary ecalculated win daccordance mwith athe nprovisions oof dthe mapplicable :coverage plan;

b r e t º o t n = .221183.1AIC February 9, 2022 (5:00pm) s k m e - 19 - e a n e d r e l u [ A d salary calculated in accordance with the provisions of the applicable coverage plan;

"member" also h includes the following:

u » r t h (1) "adult correctional officer member" means g e l i a member who is employed as an adult correctional officer or an h r i s adult correctional officer specialist by a state correctional h , e h t u g facility of the corrections department or its successor agency;

e b l e e , gh (2) "adult probation and parole officer n d d i = = o h l ] b ,d member" means a member who is employed as a probation and iSB a2 ºPage r3 e r = parole officer by the corrections department or its successor tagency; e w d m a n o d m :

b r e t º o t n = .221183.1AIC February 9, 2022 (5:00pm) s k m e - 20 - e a n e d r e l u [ A d agency;

[(5)] (6) "municipal detention officer member" means a member who is employed by an affiliated public employer other than the state and who has inmate custodial responsibilities at a facility used for the confinement of h persons charged with or convicted of a violation of a law or u » r t h ordinance;

g e l i [(6)] (7) "municipal fire member" means any h r i s member who is employed as a full-time nonvolunteer firefighter h , e h t u g by an affiliated public employer and who has taken the oath e b l e e , gh prescribed for firefighters;

n d d i = = o h l ] b ,d [(7)] (8) "municipal police member" means any i a º r e r = member who is employed as a police officer by an affiliated tSB e2 wPage d4 mpublic aemployer, nother othan dthe mstate, :and who has taken the oath prescribed for police officers;

band r(9) e"state tpolice ºmember" omeans ta nmember =who .221183.1AICis Februaryan 9,officer 2022of (5:00pm)the sNew kMexico mstate epolice -division 21and -who ehas ataken nthe eoath dprescribed rfor esuch lofficers uand [shall Ainclude da publicmember employer,who otheris thanan officer of the state,New Mexico state police division and who haswas takencertified and commissioned in the oathformer prescribedmotor fortransportation policedivision officers;or the former special investigations division of the department of public safety;

and [(8)] (9) "state police member" means a member who is an officer of the New Mexico state police division and who has taken the oath prescribed for such officers and shall include a member who is an officer of the New Mexico state police division and who was certified and commissioned in the former motor transportation division or the former special investigations division of the department of public safety;

"public employer" means the state, any municipality, city, county, metropolitan arroyo flood control h authority, economic development district, regional housing u » r t h authority, soil and water conservation district, entity created g e l i pursuant to a joint powers agreement, council of government, h r i s conservancy district, irrigation district, water and sanitation h , e h t u g district, water district and metropolitan water board, e b l e e , gh including the boards, departments, bureaus and agencies of a n d d i = = o h l ] b ,d public employer, so long as these entities fall within the i a º r e r = meaning of governmental plan as that term is used in Section t414(d) eof wthe dInternal mRevenue aCode nof o1986, das mSB :2 Page 5 amended;

b r e t º o t n = .221183.1AIC February 9, 2022 (5:00pm) s k m e - 22 - e a n e d r e l u [ A d 414(d) of the Internal Revenue Code of 1986, as amended;

h T.

"retired member" means a person who has met all u » r t h requirements for retirement and who is receiving a pension from g e l i the fund;

h r i s U.

"retirement board" means the retirement board h , e h t u g provided for in the Public Employees Retirement Act;

e b l e e , gh V.

"salary" means the base salary or wages paid a n d d i = = o h l ] b ,d member, including longevity pay, for personal services rendered i a º r e r = an affiliated public employer.

"Salary" shall not include tovertime epay, wunless dthe movertime payment is required SB 2 Page 6 for a nregular oscheduled dtour mof :duty as set forth in Section 207(k) of Title 29 of the United States Code and is made on the regular payroll for the period represented by that payment, allowances for housing, clothing, equipment or travel, payments for unused sick leave, unless the unused sick leave payment is made through continuation of the member on the regular payroll for the period represented by that payment, and any other form of remuneration not specifically designated by law as included in salary for Public Employees Retirement Act purposes.

b r e t º o t n = .221183.1AIC February 9, 2022 (5:00pm) s k m e - 23 - e a n e d r e l u [ A d overtime pay, unless the overtime payment is required for a regular scheduled tour of duty as set forth in Section 207(k) of Title 29 of the United States Code and is made on the regular payroll for the period represented by that payment, allowances for housing, clothing, equipment or travel, payments for unused sick leave, unless the unused sick leave payment is made through continuation of the member on the regular payroll for the period represented by that payment, and any other form of remuneration not specifically designated by law as included in salary for Public Employees Retirement Act purposes.

For purposes of this subsection, h "eligible employee" means an individual who was a member of a u » r t h state system before the first plan year beginning after g e l i December 31, 1995;

h r i s W.

"state system" means the retirement programs h , e h t u g provided for in the Public Employees Retirement Act, the e b l e e , gh Magistrate Retirement Act and the Judicial Retirement Act;

n d d i = = o h l ] b ,d X.

"state retirement system acts" means i a º r e r = collectively the Public Employees Retirement Act, the tMagistrate eRetirement wAct, dthe mJudicial aRetirement nAct oand dthe mVolunteer :Firefighters Retirement Act;

b r e t º o t n = .221183.1AIC February 9, 2022 (5:00pm) s k m e - 24 - e a n e d r e l u [ A d Magistrate Retirement Act, the Judicial Retirement Act and theSB Volunteer2 FirefightersPage Retirement7 Act;Y.

and Y.

STATE GENERAL MEMBER COVERAGE PLAN 3--3--APPLICABILITY.--State APPLICABILITY.--State general member coverage plan 3 is applicable to:

peace officer members and is applicable to state general members in the first full pay period after July 1, 1995 if the retirement board certifies to the secretary of state that a majority of the members voting of those members to be covered under state general member coverage plan 3 has voted to h approve adoption of this plan at an election conducted pursuant u » r t h to Laws 1994, Chapter 128, Section 17;

and g e l i B.

magistrate members." h r i s SECTION 3.

Section 10-12C-2 NMSA 1978 (being Laws 1992, h , e h t u g Chapter 118, Section 2, as amended by Laws 2014, Chapter 39, e b l e e , gh Section 2 and by Laws 2014, Chapter 43, Section 2) is amended n d d i = = o h l ] b ,d to read:

i a º r e r = "10-12C-2.

DEFINITIONS.--As used in the Magistrate tRetirement eAct: w d m a n o d m :

bSB r2 ePage t8 ºA. o t n = .221183.1AIC February 9, 2022 (5:00pm) s k m e - 25 - e a n e d r e l u [ A d Retirement Act:

A.

"final average salary" means the amount that is h one-sixtieth of the greatest aggregate amount of salary paid a u » r t h member for sixty consecutive, but not necessarily continuous, g e l i months of service credit;

h r i s G.

"former member" means a person no longer in h , e h t u g office who was previously covered pursuant to the provisions of e b l e e , gh Sections 10-12A-1 through 10-12A-13 NMSA 1978, but who has not n d d i = = o h l ] b ,d retired pursuant to the provisions of the Magistrate Retirement i a º r e r = Act and who has received a refund of member contributions tpursuant eto wthe dprovisions mof aSections n10-12C-1 othrough d10-12C-18 mNMSA :1978;

bSB r2 ePage t9 ºH. o t n = .221183.1AIC February 9, 2022 (5:00pm) s k m e - 26 - e a n e d r e l u [ A d pursuant to the provisions of Sections 10-12C-1 through 10-12C- NMSA 1978;

H.

"member" means any magistrate who [is] was in office prior to July 1, 2022 and covered pursuant to the provisions of the Magistrate Retirement Act, or any person no longer in office who was previously a magistrate covered pursuant to the provisions of the Magistrate Retirement Act, who has not retired and who has not received a refund of member contributions from the fund;

"minor child" means a natural or adopted child h who has not reached [his] the child's eighteenth birthday and u » r t h who has not been emancipated by marriage or otherwise;

g e l i M.

"pension" means a series of monthly payments to h r i s a retired member or survivor beneficiary pursuant to the h , e h t u g provisions of the Magistrate Retirement Act;

e b l e e , gh N.

"refund beneficiary" means a person designated nby dthe dmember, iin =writing =in othe hform lprescribed ]by bthe ,dassociation, byas the member,person inwho writingwould inbe refunded the formmember's prescribedaccumulated bymember contributions payable if the imember adies ºand rno esurvivor rpension =is association,payable, or as the person who would bereceive refundedthe difference between pension paid and SB 2 Page 10 accumulated member contributions if the member'sretired tmember edies wbefore dreceiving min apension npayments othe damount mof :the accumulated member contributions;

b r e t º o t n = .221183.1AIC February 9, 2022 (5:00pm) s k m e - 27 - e a n e d r e l u [ A d accumulated member contributions payable if the member dies and no survivor pension is payable, or as the person who would receive the difference between pension paid and accumulated member contributions if the retired member dies before receiving in pension payments the amount of the accumulated member contributions;

"salary" means the base salary or wages paid a h member, including longevity pay, for personal services u » r t h rendered;

g e l i allowances for housing, clothing, equipment or travel;

payments h r i s for unused sick leave, unless the unused sick leave payment is h , e h t u g made through continuation of the member on the regular payroll e b l e e , gh for the period represented by that payment;

and any other form n d d i = = o h l ] b ,d of remuneration not specifically designated by law as included i a º r e r = in salary pursuant to the provisions of the Magistrate tRetirement eAct; w d m a n o d m :

b r e t º o t n = .221183.1AIC February 9, 2022 (5:00pm) s k m e - 28 - e a n e d r e l u [ A d Retirement Act;

"state system" means the retirement programs provided pursuant to the provisions of the Public Employees Retirement Act, the Magistrate Retirement Act and the SB 2 Page 11 Judicial Retirement Act;

"years of service" means a period of time beginning on the date a person commences to hold office as a magistrate because of appointment or election and ending on the date a person ceases to hold office as a magistrate because of expiration of the magistrate's term, voluntary resignation, h death or disability and shall include any fractions of years of u » r t h service." g e l i SECTION 4.

Section 10-12C-4 NMSA 1978 (being Laws 1992, h r i s Chapter 118, Section 4, as amended by Laws 2014, Chapter 39, h , e h t u g Section 3 and by Laws 2014, Chapter 43, Section 3) is amended e b l e e , gh to read:

n d d i = = o h l ] b ,d "10-12C-4.

MEMBERSHIP.--Prior to July 1, 2022, every i a º r e r = magistrate while in office shall become a member and shall be tsubject eto wthe dprovisions mof athe nMagistrate oRetirement dAct; m :

b r e t º o t n = .221183.1AIC February 9, 2022 (5:00pm) s k m e - 29 - e a n e d r e l u [ A d subject to the provisions of the Magistrate Retirement Act;

A magistrate who is retired under any state system or SB 2 Page 12 the educational retirement system shall:

SALARIES OF JUSTICES, JUDGES AND MAGISTRATES.-- h A.

Justices of the supreme court shall each receive u » r t h an annual salary [as provided by the legislature] in an amount g e l i equal to the annual salary received by New Mexico federal h r i s magistrate court judges, as provided by the legislature in an h , e h t u g appropriations act;

provided that the salary shall be adjusted e b l e e , gh on a biennial basis.

The chief justice of the supreme court n d d i = = o h l ] b ,d shall receive an annual salary that is two thousand dollars i a º r e r = ($2,000) more than the annual salary of a justice of the tsupreme ecourt. w d m a n o d m :

b r e t º o t n = .221183.1AIC February 9, 2022 (5:00pm) s k m e - 30 - e a n e d r e l u [ A d supreme court.

(2) a district court shall receive an annual SB 2 Page 13 salary that is ninety-five percent of the annual salary of the chief judge of the court of appeals;

[C.C.

The presiding magistrate of a magistrate district where three or more divisions operate as a single court shall receive an annual salarysalaries that is seventy-five percent of the annualfollowing salaryjudges ofshall thebe chiefas judgefollows: of a metropolitan court.

h(1) ga D.judge of the court of appeals shall receive an annual salary that is ninety-five percent of the annual salary of a justice of the supreme court;

Notwithstanding(2) anya otherdistrict provisioncourt ofjudge lawshall orreceive oan tannual hrsalary anythat otheris provisionninety-five percent of thisthe section]annual gsalary eof ia kjudge C.of the court of appeals;

The annual salaries of the following judges [and h r i s h magistrates] shall be [established] as follows:

, t, e u g (1) a judge of the court of appeals shall e b l e e h receive an annual salary that is ninety-five percent of the n d d i = = o h l ] b ,d annual salary of a justice of the supreme court;

i a º e r i = r (2) a district court judge shall receive an t e w d m a n o d m :

b e d s º o t n = .221183.1AIC February 9, 2022 (5:00pm) s k m e - 31 - e a n e d r e l u [ A d annual salary that is ninety-five percent of the annual salary of a judge of the court of appeals;

[(4)D. a full-time magistrate shall receive an annual salary that is seventy-five percent of the annual salary of a metropolitan court judge;

(5)The aannual half-timesalary magistratefor shalljustices receiveof anthe annualsupreme salarycourt, thatjudges isof fiftythe percentcourt of theappeals, annualdistrict salarycourt ofjudges, ametropolitan full-timecourt magistrate;judges and magistrates shall be provided by the legislature in an appropriations act.

and (6) a quarter-time magistrate shall receive an annual salary that is twenty-five percent of the annual salary of a full-time magistrate.

ForThe fiscalannual yearsalary 1995for magistrates shall be established and allprovided subsequentby fiscalthe years]legislature hin D.an appropriations act.

TheF. annual salary for justices of the supreme u » r t h court, judges of the court of appeals, district court judges, g e l i metropolitan court judges and magistrates shall be h r i s [established] provided by the legislature in an appropriations h , e h t u g act.

eNo badditional lsalaries eshall ebe ,paid ghto E.justices, judges or magistrates on account of services SB 2 Page 14 rendered the state.

The annual salary for magistrates shall be n d d i = = o h l ] b ,d established and provided by the legislature in an i a º r e r = appropriations act.

t e w d m a n o d m :

b r e t º o t n = .221183.1AIC February 9, 2022 (5:00pm) s k m e - 32 - e a n e d r e l u [ A d F.

No additional salaries shall be paid to justices, judges or magistrates on account of services rendered the state.

EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2022.»SFC2022. - 33 - h u » r t h g e l i h r i s h , e h t u g e b l e e , gh n d d i = = o h l ] b ,d i a º r e r = t e w d m a n o d m :

bSB r2 ePage t15 º25 o t n = .221183.1AIC February 9, 2022 (5:00pm) s k m e e a n e d r e l u [ A d