New Mexico 2023 Regular Session Status: In Committee Bipartisan · 1 D · 1 R cosponsors

HB 344 — RETIRED PUBLIC EMPLOYEES IN CORRECTIONS

Last action — DO PASS, as amended, committee report adopted

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2023 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

376 added · 324 removed

Plain-language change summary

The latest version of House Bill 344 has removed one of the original sponsors, Luis M. Terrazas, while keeping T. Ryan Lane and Micaela Lara Cadena as the primary sponsors. This change streamlines the bill's sponsorship, which can be significant as it reflects the current legislative support behind the bill. Additionally, no changes were made to the main content of the bill regarding retired public employees returning to work as uniformed county detention officers. This ensures that the focus remains on the bill's goal of addressing public employee pension policies.

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HOUSE BILL 344 56TH LEGISLATURE -STATEOFNEWMEXICO- FIRST SESSION, 2023 INTRODUCED BY T.
HOUSE BILL 344 56TH LEGISLATURE - STATEOFNEWMEXICO- FIRST SESSION, 2023 INTRODUCED BY T.
Ryan Lane and Micaela Lara Cadena and Luis M.
Ryan Lane and Micaela Lara Cadena This document may incorporate amendments proposed by a committee, but not yet adopted, as well as amendments that have been adopted during the current legislative session.
Terrazas 6 8 10 AN ACT RELATING TO PUBLIC EMPLOYEE PENSIONS;
The document is a tool to show amendments in context and cannot be used for the purpose of adding amendments to legislation.
ALLOWING RETIRED PUBLIC EMPLOYEES TO RETURN TO WORK AS UNIFORMED COUNTY DETENTION OFFICERS UNDER CERTAIN CONDITIONS.
h AN ACT g o RELATING TO PUBLIC EMPLOYEE PENSIONS;
15 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
ALLOWING RETIRED PUBLIC t hr g e i k EMPLOYEES TO RETURN TO WORK AS UNIFORMED COUNTY DETENTION h r i s OFFICERS UNDER CERTAIN CONDITIONS.
SECTION 1.
h , t, e u g e b l e e h BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 10-11-8 NMSA 1978 (being Laws 1987, e t 17 Chapter 253, Section 8, as amended) is amended to read:
n d d i = = o h SECTION 1.
w l n d 18 "10-11-8.
Section 10-11-8 NMSA 1978 (being Laws 1987, l ] b ,d i a º e Chapter 253, Section 8, as amended) is amended to read:
NORMAL RETIREMENT--RETURN TO EMPLOYMENT-- = = 19 a l BENEFITS CONTINUED--CONTRIBUTIONS.-- i a e r 20 A.
r i = r t e w d m a n o "10-11-8.
A member may retire upon fulfilling the a t m m 21 following requirements prior to the selected date of d r e 22 retirement:
NORMAL RETIREMENT--RETURN TO EMPLOYMENT-- d m :
c e s k 23 (1) a written application for normal e a n b 24 retirement, in the form prescribed by the association, is filed u [ with the association;
b e d s º o t n = .224399.2AIC March 2, 2023 (5:31pm) s k m e e a n e d r e l u [ A d BENEFITS CONTINUED--CONTRIBUTIONS.-- A.
.224399.2 (2) employment is terminated with all employers covered by any state system or the educational retirement system;
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;
The amount of normal retirement pension is determined in accordance with the coverage plan applicable to the member.
The amount of normal retirement pension is h determined in accordance with the coverage plan applicable to g o t hr the member.
C.
g e i k C.
Except as provided in [Subsection] Subsections D and I 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:
Except as provided in [Subsection ] Subsections D h r i s and I of this section, on or after July 1, 2010, a retired h , t, member may be subsequently employed by an affiliated public e u g e b l e e h employer only pursuant to the following provisions:
(1) the retired member has not been employed e t 17 as an employee of an affiliated public employer or retained as w l n d 18 an independent contractor by the affiliated public employer = = 19 a l from which the retired member retired for at least twelve i a e r 20 consecutive months from the date of retirement to the a t m m 21 commencement of subsequent employment or reemployment with an d r e 22 affiliated public employer;
n d d i = = o h (1) the retired member has not been employed l ] b ,d i a º e as an employee of an affiliated public employer or retained as r i = r t e w d m a n o an independent contractor by the affiliated public employer d m :
c e s k 23 (2) the retired member's pension shall be e a n b 24 suspended upon commencement of the subsequent employment;
b e d s º o t n = .224399.2AIC March 2, 2023 (5:31pm) s k m e - 2 - e a n e d r e l u [ A d 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;
u [ (3) except as provided in Subsection F of this .224399.2 - 2 - 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;
(2) the retired member's pension shall be suspended upon commencement of the subsequent employment;
(3) except as provided in Subsection F 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;
The provisions of Subsections C, G, [and] H and I of this section do not apply to:
The provisions of Subsections C, G, [and ] H and h I of this section do not apply to:
(1) a retired member employed by the legislature for legislative session work;
g o t hr (1) a retired member employed by the g e i k 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;
h r i s (2) a retired member employed temporarily as a h , t, precinct board member for a municipal election or an election e u g e b l e e h covered by the Election Code;
or (3) a retired member who is elected to serve a e t 17 term as an elected official in an office covered pursuant to w l n d 18 the Public Employees Retirement Act;
or n d d i = = o h (3) a retired member who is elected to serve a l ] b ,d i a º e term as an elected official in an office covered pursuant to r i = r t e w d m a n o the Public Employees Retirement Act;
= = 19 a l (a) the retired member files an i a e r 20 irrevocable exemption from membership with the association a t m m 21 within thirty days of taking office;
d m :
and d r e 22 (b) the irrevocable exemption shall be c e s k 23 for the elected official's term of office.
b e d s º o t n = .224399.2AIC March 2, 2023 (5:31pm) s k m e - 3 - e a n e d r e l u [ A d (a) the retired member files an irrevocable exemption from membership with the association within thirty days of taking office;
e a n b 24 E.
and (b) the irrevocable exemption shall be for the elected official's term of office.
A retired member who returns to employment u [ during retirement pursuant to Subsection D of this section is .224399.2 - 3 - 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.
E.
A retired member who returns to employment during retirement pursuant to Subsection D 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.
(1) the previously retired member and the subsequent affiliated public employer shall make the required employee and employer contributions, and the previously retired member shall accrue service credit for the period of subsequent employment;
(1) the previously retired member and the h subsequent affiliated public employer shall make the required u » r employee and employer contributions, and the previously retired t h g e l i member shall accrue service credit for the period of subsequent h r i s employment;
and (2) when the previously retired member terminates the subsequent employment with an affiliated public employer, the previously retired member shall retire according e t 17 to the provisions of the Public Employees Retirement Act, w l n d 18 subject to the following conditions:
and h , e h (2) when the previously retired member t u g e b l e e , gh terminates the subsequent employment with an affiliated public n d d i = = o h employer, the previously retired member shall retire according l ] b ,d i a º r to the provisions of the Public Employees Retirement Act, e r = t e w d m a n o subject to the following conditions:
= = 19 a l (a) payment of the pension shall resume i a e r 20 in accordance with the provisions of Subsection A of this a t m m 21 section;
d m :
d r e 22 (b) unless the previously retired member c e s k 23 accrued at least three years of service credit on account of e a n b 24 the subsequent employment, the recalculation of pension shall:
b r e t º o t n = .224399.2AIC March 2, 2023 (5:31pm) s k m e - 4 - e a n e d r e l u [ A d (a) payment of the pension shall resume in accordance with the provisions of Subsection A of this section;
u [ 1) employ the form of payment selected by the previously .224399.2 - 4 - retired member at the time of the first retirement;
(b) unless the previously retired member accrued at least three years of service credit on account of the subsequent employment, the recalculation of pension shall:
1) employ the form of payment selected by the previously retired member at the time of the first retirement;
provided that on and after July 1, 2010, the retired member shall pay the employee contribution in an amount specified in the Public Employees Retirement Act for the position in which the retired member is subsequently employed.
provided that on and after h July 1, 2010, the retired member shall pay the employee u » r contribution in an amount specified in the Public Employees t h g e l i Retirement Act for the position in which the retired member is h r i s subsequently employed.
H.
h , e h H.
Effective July 1, 2014, if a retired member who, subsequent to retirement, is employed and covered pursuant to the provisions of the Magistrate Retirement Act or Judicial e t 17 Retirement Act, during the period of subsequent employment:
Effective July 1, 2014, if a retired member who, t u g e b l e e , gh subsequent to retirement, is employed and covered pursuant to n d d i = = o h the provisions of the Magistrate Retirement Act or Judicial l ] b ,d i a º r Retirement Act, during the period of subsequent employment:
w l n d 18 (1) the member shall be entitled to receive = = 19 a l retirement benefits;
e r = t e w d m a n o (1) the member shall be entitled to receive d m :
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i a e r 20 (2) the retired member's cost-of-living a t m m 21 pension adjustment shall be suspended upon commencement of the d r e 22 employment;
b r e t º o t n = .224399.2AIC March 2, 2023 (5:31pm) s k m e - 5 - e a n e d r e l u [ A d retirement benefits;
and c e s k 23 (3) upon termination of the employment, the e a n b 24 retired member's suspended cost-of-living pension adjustment u [ shall be reinstated as provided under Section 10-11-118 NMSA .224399.2 - 5 - 1978.
(2) the retired member's cost-of-living pension adjustment shall be suspended upon commencement of the employment;
and (3) upon termination of the employment, the retired member's suspended cost-of-living pension adjustment shall be reinstated as provided under Section 10-11-118 NMSA 1978.
(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 for at least ninety days from the date of retirement to the commencement of subsequent employment or reemployment with an affiliated public employer;
(1) the retired member has not been employed as an employee of an affiliated public employer or retained as h an independent contractor by the affiliated public employer u » r HLVMCºfor at least ninety days from the date of retirement to t h g e l i the commencement of subsequent employment or reemployment with h r i s an affiliated public employer;»HLVMC HLVMCºsince February 28, h , e h 2023;»HLVMC t u g e b l e e , gh (2) the retired member returns to employment n d d i = = o h for a period of no more than thirty-six consecutive months;
(2) the retired member returns to employment for a period of no more than thirty-six consecutive months;
l ] b ,d i a º r (3) the retired member remains at the rank of e r = t e w d m a n o detention officer;
(3) the retired member remains at the rank of e t 17 detention officer;
d m :
w l n d 18 (4) the retired member or the subsequent = = 19 a l affiliated public employer shall make the required employee and i a e r 20 employer contributions;
b r e t º o t n = .224399.2AIC March 2, 2023 (5:31pm) s k m e - 6 - e a n e d r e l u [ A d HLVMCº(4) the retired member or the subsequent affiliated public employer shall make the required employee and employer contributions;
and a t m m 21 (5) the retired member who returns to d r e 22 employment during retirement pursuant to this subsection is c e s k 23 entitled to receive retirement benefits but is not entitled to e a n b 24 accrue service credit or to acquire or purchase service credit u [ in the future for the period of the retired member's subsequent .224399.2 - 6 - employment with an affiliated public employer.
and»HLVMC HLVMCº(4) the retired member and the retired member's subsequent affiliated public employer shall make the contributions that would be required for members and employers under the applicable coverage plan during the entire period of subsequent employment;
[I.] J.
and (5) the contributions paid by or on behalf of the retired member during the term of subsequent employment shall not be refundable at the termination of the subsequent employment;
The pension of a member who has earned service credit under more than one coverage plan shall be determined as follows:
and»HLVMC HLVMCº(5)»HLVMC HLVMCº(6)»HLVMC the retired member who returns to employment during retirement pursuant to this subsection is entitled to receive retirement benefits but is not entitled to accrue service credit or to acquire or h purchase service credit in the future for the period of the u » r t h retired member's subsequent employment with an affiliated g e l i public employer.
(1) the pension of a member who has three or more years of service credit earned on or before June 30, 2013 under each of two or more coverage plans shall be determined in accordance with the coverage plan that produces the highest pension;
h r i s [I.] J.
The pension of a member who has earned h , e h t u g service credit under more than one coverage plan shall be e b l e e , gh determined as follows:
n d d i = = o h (1) the pension of a member who has three or l ] b ,d i a º r e r = more years of service credit earned on or before June 30, 2013 t e w d m a n o under each of two or more coverage plans shall be determined in d m :
b r e t º o t n = .224399.2AIC March 2, 2023 (5:31pm) s k m e - 7 - e a n e d r e l u [ A d accordance with the coverage plan that produces the highest pension;
If the service credit is acquired under two different coverage plans e t 17 applied to the same affiliated public employer as a consequence w l n d 18 of an election by the members, adoption by the affiliated = = 19 a l public employer or a change in the law that results in the i a e r 20 application of a coverage plan with a greater pension, the a t m m 21 greater pension shall be paid a member retiring from the d r e 22 affiliated public employer under which the change in coverage c e s k 23 plan took place regardless of the amount of service credit e a n b 24 under the coverage plan producing the greater pension;
If the service credit is acquired under two different coverage plans applied to the same affiliated public employer as a consequence of an election by the members, adoption by the affiliated public employer or a change in the law that results in the application of a coverage plan with a greater pension, the greater pension shall be paid a member retiring from the affiliated public employer under which the change in coverage plan took place regardless of the amount of service credit h under the coverage plan producing the greater pension;
provided u [ that the member has three or more years of continuous .224399.2 - 7 - employment with that affiliated public employer immediately preceding or immediately preceding and immediately following the date the coverage plan changed;
provided u » r that the member has three or more years of continuous t h g e l i employment with that affiliated public employer immediately h r i s preceding or immediately preceding and immediately following h , e h the date the coverage plan changed;
(3) the pension of a member who has service credit earned on or before June 30, 2013 under each of two or more coverage plans and who has service credit earned under any coverage plan on or after July 1, 2013 shall be equal to the sum of:
t u g e b l e e , gh (3) the pension of a member who has service n d d i = = o h credit earned on or before June 30, 2013 under each of two or l ] b ,d i a º r more coverage plans and who has service credit earned under any e r = t e w d m a n o coverage plan on or after July 1, 2013 shall be equal to the d m :
b r e t º o t n = .224399.2AIC March 2, 2023 (5:31pm) s k m e - 8 - e a n e d r e l u [ A d sum of:
(4) the pension of a member who has service credit earned only on and after July 1, 2013 shall be equal to e t 17 the sum of the pension attributable to the service credit the w l n d 18 member has accrued under each coverage plan;
(4) the pension of a member who has service credit earned only on and after July 1, 2013 shall be equal to the sum of the pension attributable to the service credit the member has accrued under each coverage plan;
and = = 19 a l (5) the provisions of each coverage plan for i a e r 20 the purpose of this subsection shall be those in effect at the a t m m 21 time the member ceased to be covered by the coverage plan.
and (5) the provisions of each coverage plan for the purpose of this subsection shall be those in effect at the time the member ceased to be covered by the coverage plan.
d r e 22 "Service credit", for the purposes of this subsection, shall be c e s k 23 only personal service rendered an affiliated public employer e a n b 24 and credited to the member under the provisions of Subsection A u [ of Section 10-11-4 NMSA 1978.
"Service credit", for the purposes of this subsection, shall be only personal service rendered an affiliated public employer h and credited to the member under the provisions of Subsection A u » r of Section 10-11-4 NMSA 1978.
Service credited under any other .224399.2 - 8 - provision of the Public Employees Retirement Act shall not be used to satisfy the three-year service credit requirement of this subsection." SECTION 2.
Service credited under any other t h g e l i provision of the Public Employees Retirement Act shall not be h r i s used to satisfy the three-year service credit requirement of h , e h this subsection." t u g e b l e e , gh SECTION 2.
EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2023.
EFFECTIVE DATE.--The effective date of the n d d i = = o h provisions of this act is July 1, 2023.
- 9 - 8 10 12 14 16 e t 17 w l n d 18 = = 19 a l i a e r 20 a t m m 21 d r e 22 c e s k 23 e a n b 24 u [ .224399.2
l ] b ,d i a º r - 9 - e r = t e w d m a n o d m :
b r e t º o t n = .224399.2AIC March 2, 2023 (5:31pm) s k m e e a n e d r e l u [ A d
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Action History

  1. DO PASS, as amended, committee report adopted

  2. Sent to House Labor, Veterans & Military Affairs Committee & House Judiciary Committee

Sponsors

Sponsorship breakdown

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3 sponsors · 0 co-sponsors · 109 not signed on

Sponsors (3)

Co-sponsors (0)

None.

Not signed on (109)

109 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

public-safety labor
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Frequently asked questions

Who sponsors HB 344?
HB 344 is sponsored by Lane, T. Ryan, Micaela Lara Cadena (Democrat), and Luis M. Terrazas (Republican).
What is the current status of HB 344?
This bill died with 2023 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 344?
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