LAW ENFORCEMENT RETIREMENT CHANGES
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SB 87 — LAW ENFORCEMENT RETIREMENT CHANGES
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✓Introduced
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✓In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill died with 2024 Regular Session. It reached “Passed Senate” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
590 added · 468 removedPlain-language change summary
In the latest version of SB 87, the language clarifying the bill's purpose and the context in which it operates has been added to highlight that it may include amendments not yet adopted. This detail emphasizes the bill’s evolving nature as it passes through the legislative process. Additionally, the main focus remains on allowing certain public safety employees to return to work under specific conditions after retirement. This change is important as it aims to retain experienced workers in crucial roles while balancing retirement benefits.
SENATE HEALTH AND PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR SENATE BILL 87 56TH LEGISLATURE -STATEOFNEWMEXICO-- STATEOFNEWMEXICO- SECOND SESSION , 2024 4This 6document 8may 10incorporate ANamendments ACTproposed RELATINGby TOa PUBLICcommittee, EMPLOYEESbut RETIREMENT;not yet adopted, as well as amendments that have been adopted during the current legislative session.
AMENDINGThe THEdocument PUBLICis EMPLOYEESa RETIREMENTtool ACTto TOshow ALLOWamendments CERTAINin PUBLICcontext SAFETYand EMPLOYEEScannot TObe RETURNused TOfor WORKthe UNDERpurpose CERTAINof CONDITIONS.adding amendments to legislation.
15h BEAN ITACT ENACTEDg BYo THERELATING LEGISLATURETO OFPUBLIC THEEMPLOYEES STATERETIREMENT; OF NEW MEXICO:
SECTIONAMENDING 1.THE PUBLIC t hr g e i k EMPLOYEES RETIREMENT ACT TO ALLOW CERTAIN PUBLIC h r i s Sfl1º SAFETY»Sfl1 EMPLOYEES TO RETURN TO WORK UNDER CERTAIN h , t, CONDITIONS.
Sectione 10-11-8u NMSAg 1978e (beingb Lawsl 1987,e e th 17n Chapterd 253,d Sectioni 8,= as= amended)o ish amendedBE toIT read:ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
w l n] db 18,d "10-11-8.i a º e SECTION 1.
NORMALSection RETIREMENT--RETURN10-11-8 TONMSA EMPLOYMENT--1978 =(being Laws 1987, r i = 19r at le BENEFITSw CONTINUED--CONTRIBUTIONS.--d im a en ro 20Chapter A.253, Section 8, as amended) is amended to read:
Ad member may retire upon fulfilling the a t m m: 21 following requirements prior to the selected date of d r e 22 retirement:
cb e d s kº 23o (1)t an written= application.227655.1AIC forFebruary normal3, e2024 a(2:10pm) ns bk 24m retirement,e ine thea formn prescribede byd ther association,e isl filed u [ withA thed association;SHPAC/SB 87 "10-11-8.
.227655.1NORMAL SHPAC/SBRETIREMENT--RETURN 87TO (2)EMPLOYMENT-- employmentBENEFITS isCONTINUED--CONTRIBUTIONS.-- terminatedA. 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;
h B.
The amount of normal retirement pension is g o determined in accordance with the coverage plan applicable to t hr g e i k the member.
h r i s C.
Except as provided in [Subsection][Subsection ] Subsections h , t, D, J and K of this section, on or after July 1, 2010, a retired e u g e b l e e h member may be subsequently employed by an affiliated public n d d i = = o h employer only pursuant to the following provisions:
l ] b ,d i a º e (1) the retired member has not been employed er i = r t 17e w d as an employee of an affiliated public employer or retained as wm la n o d 18 an independent contractor by the affiliated public employer = = 19 from which the retired member retired for at least twelve a l 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;
cb e d s kº 23o (2)t then retired= member's.227655.1AIC pensionFebruary shall3, be2024 (2:10pm) s k m e - 2 - e a n be 24d suspendedr upone commencementl u [ A d SHPAC/SB 87 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;employment or reemployment with an affiliated public employer;
u(2) [ (3) except as provided in Subsection F of this .227655.1 - 2 - SHPAC/SB 87 section, the retired membermember's shallpension not become a member and shall notbe accruesuspended serviceupon credit,commencement andof the retired member and that person's subsequent affiliatedemployment; public employer shall not make contributions under any coverage plan pursuant to the Public Employees Retirement Act;
(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;
h g D.
The provisions of Subsections C, G, [and][and ] H, J o t hr and K of this section do not apply to:
g e i k h r (1) a retired member employed by the i s h legislature for legislative session work;
, t, e u g (2) a retired member employed temporarily as a e b l e e h precinct board member for a municipal election or an election n d d i = = o h l ] b ,d covered by the Election Code;
or i a º e r i = r (3) a retired member who is elected to serve a e t 17e term as an elected official in an office covered pursuant to w l n d 18m thea Publicn Employeeso Retirementd Act;m :
b e d s º o t n = .227655.1AIC February 3, 2024 (2:10pm) s k m e - 3 - e a n e d r e l u [ A d SHPAC/SB 87 term as an elected official in an office covered pursuant to the Public Employees Retirement Act;
= = 19 (a) the retired member files an a l i a e r 20 irrevocable exemption from membership with the association a t m m 21 within thirty days of taking office;
and d r e 22 (b) the irrevocable exemption shall be c e s k 23 for the elected official's term of office.
e a n b 24 E.
A retired member who returns to employment u [ during retirement pursuant to Subsection D of this section is .227655.1 - 3 - SHPAC/SB 87 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.
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 h u conditions shall apply:
» r t h (1) the previously retired member and the g e l i subsequent affiliated public employer shall make the required h r i s h , employee and employer contributions, and the previously retired e h t u g member shall accrue service credit for the period of subsequent e b l e e , gh employment;
and (2)n whend thed previouslyi retired= member= terminateso theh subsequentl employment] withb an,d affiliated(2) publicwhen employer, the previously retired member shalli retirea accordingº r e tr 17= toterminates the provisionssubsequent ofemployment thewith Publican Employeesaffiliated Retirementpublic Act,t e w l n d 18m subjecta ton theo followingd conditions:m :
=b r e t º o t n = 19.227655.1AIC (a)February payment3, of2024 the(2:10pm) pensions shallk resumem ae l- i4 - e a n e d r 20e inl accordanceu with[ A d SHPAC/SB 87 employer, the previously retired member shall retire according to the provisions of Subsectionthe APublic ofEmployees thisRetirement aAct, tsubject mto mthe 21following section;conditions:
d(a) rpayment eof 22 (b) unless the previouslypension retiredshall memberresume cin eaccordance swith kthe 23provisions accrued at least three years of serviceSubsection creditA on account of ethis asection; n b 24 the subsequent employment, the recalculation of pension shall:
u(b) [unless 1) employ the formpreviously ofretired paymentmember selectedaccrued byat theleast previouslythree .227655.1years -of 4service -credit SHPAC/SBon 87account retiredof memberthe atsubsequent employment, the timerecalculation of thepension firstshall: retirement;
1) employ the form of payment selected by the previously retired member at the time of the first retirement;
A retired member who returned to work with an h u affiliated public employer prior to July 1, 2010 shall be » r t h subject to the provisions of this section in effect on the date g e l i the retired member returned to work;
provided that on and after h r i s h , July 1, 2010, the retired member shall pay the employee e h t u g contribution in an amount specified in the Public Employees e b l e e , gh Retirement Act for the position in which the retired member is n d d i = = o h l ] b ,d subsequently employed.
Show all 99 changed lines (59 more)
i a º r e r = H.
Effective July 1, 2014, if a retired member who, subsequentt to retirement, is employed and covered pursuant to the provisions of the Magistrate Retirement Act or Judicial e tw 17d Retirementm Act,a duringn theo periodd ofm subsequent: employment:
wb lr e t º o t n = .227655.1AIC February 3, 2024 (2:10pm) s k m e - 5 - e a n e d 18r (1)e thel memberu shall[ beA entitledd SHPAC/SB 87 subsequent to receiveretirement, =is =employed 19and retirementcovered benefits;pursuant to the provisions of the Magistrate Retirement Act or Judicial Retirement Act, during the period of subsequent employment:
a(1) l i a e r 20 (2) the retiredmember member's cost-of-living a t m m 21 pension adjustment shall be suspendedentitled uponto commencementreceive ofretirement thebenefits; d r e 22 employment;
and(2) 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 reinstatedsuspended asupon providedcommencement underof Sectionthe 10-11-118employment; NMSA .227655.1 - 5 - SHPAC/SB 87 1978.
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 pension of a member who has three or h u more years of service credit earned on or before June 30, 2013 » r t h under each of two or more coverage plans shall be determined in g e l i accordance with the coverage plan that produces the highest h r i s h , pension;
e h t u g (2) the pension of a member who has service e b l e e , gh credit earned on or before June 30, 2013 under two or more n d d i = = o h l ] b ,d coverage plans but who has three or more years of service i a º r e r = credit under only one of those coverage plans shall be determinedt ine accordancew withd them coveragea plann ino whichd them member: has three or more years of service credit.
Ifb ther service credit is acquired under two different coverage plans e t 17º appliedo tot the same affiliated public employer as a consequence w l n d 18 of an election by the members, adoption by the affiliated = =.227655.1AIC 19February public3, employer2024 or(2:10pm) as changek inm thee law- that6 results- ine the a ln 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 22l affiliatedu public[ employerA underd whichSHPAC/SB the87 changedetermined in coverageaccordance cwith ethe scoverage k 23 plan tookin placewhich regardless of the amountmember ofhas servicethree creditor emore ayears nof bservice 24credit. under the coverage plan producing the greater pension;
providedIf uthe [service thatcredit is acquired under two different coverage plans applied to the membersame hasaffiliated threepublic oremployer moreas yearsa consequence of continuousan .227655.1election -by 6the -members, SHPAC/SBadoption 87by employmentthe withaffiliated 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 immediatelyunder precedingwhich orthe immediatelychange precedingin andcoverage immediatelyplan followingtook place regardless of the dateamount of service credit under the coverage plan changed;producing the greater pension;
(3)provided that the pension of a member who has servicethree credit earned on or beforemore Juneyears 30, 2013 under each of twocontinuous oremployment morewith coveragethat plansaffiliated andpublic whoemployer hasimmediately servicepreceding credit earned under any coverage plan on or afterimmediately Julypreceding 1,and 2013immediately shallfollowing bethe equaldate to the sumcoverage of:plan changed;
(a)(3) the pension attributableof toa themember who has service h u credit earned on or before June 30, 2013 determinedunder pursuanteach toof Paragraphtwo (1)or » r t h more coverage plans and who has service credit earned under any g e l i coverage plan on or (2)after ofJuly this1, subsection;2013 shall be equal to the h r i s h , sum of:
ande (b)h t u g (a) the pension attributable to the e b l e e , gh service credit earned underon eachor coveragebefore planJune on30, 2013 determined n d d i = = o h l ] b ,d pursuant to Paragraph (1) or after(2) Julyof 1,this 2013;subsection;
(4)and thei pension of a memberº whor has service credit earned only on and after July 1, 2013 shall be equal to e tr 17= the(b) sum of the pension attributable to the servicet credite the w l n d 18m membera hasn accruedo underd eachm coverage: plan;
andb =r =e 19t (5)º theo provisionst ofn each= coverage.227655.1AIC planFebruary for3, a2024 l(2:10pm) is ak m e r- 207 the- purposee ofa thisn subsectione shalld ber thosee inl effectu at[ theA ad tSHPAC/SB m87 mservice 21credit timeearned theunder membereach ceasedcoverage toplan beon coveredor byafter theJuly coverage1, plan.2013;
d(4) r e 22 "Service credit", for the purposespension of thisa subsection,member shallwho behas cservice ecredit searned konly 23on onlyand personalafter serviceJuly rendered1, an2013 affiliatedshall publicbe employerequal eto athe nsum bof 24the andpension creditedattributable to the memberservice undercredit the provisionsmember ofhas Subsectionaccrued Aunder ueach [coverage ofplan; Section 10-11-4 NMSA 1978.
Serviceand credited(5) underthe anyprovisions otherof .227655.1each -coverage 7plan -for SHPAC/SBthe 87purpose provision of thethis Publicsubsection Employeesshall Retirementbe Actthose shallin noteffect beat usedthe totime satisfy the three-yearmember serviceceased creditto requirementbe ofcovered thisby subsection.the coverage plan.
J."Service credit", for the purposes of this subsection, shall be only personal service rendered an affiliated public employer and credited to the member under the provisions of Subsection A of Section 10-11-4 NMSA 1978.
AService retiredcredited memberunder mayany other provision of the Public Employees Retirement Act shall not be subsequentlyused employedto bysatisfy anthe affiliatedthree-year publicservice employer;credit requirement of this subsection.
providedh thatu theJ. 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 ninety consecutive days from the date of retirement to the commencement of subsequent employment or reemployment with an affiliated public employer;
andA furtherretired providedmember thatmay the:be subsequently employed by » r t h an affiliated public employer;
provided that the retired member g e l i has not been employed as an employee of an affiliated public h r i s h , employer or retained as an independent contractor by the e h t u g affiliated public employer from which the retired member e b l e e , gh retired for at least ninety consecutive days from the date of n d d i = = o h l ] b ,d retirement to the commencement of subsequent employment or i a º r e r = reemployment with an affiliated public employer;
and further t e w d m a n o d m :
b r e t º o t n = .227655.1AIC February 3, 2024 (2:10pm) s k m e - 8 - e a n e d r e l u [ A d SHPAC/SB 87 provided that the:
e t 17 (c) courthouse security officer;
w l n d 18 (d) emergency medical dispatcher;
= = 19 (e) emergency medical technician;technician Sfl1ºor paramedic»Sfl1 ;
a l i a e r 20 (f) firefighter;
a t m m 21 (g) juvenile correctional officer;
d r e 22 (h) juvenile detention officer;
c e s k 23 (i) municipal police officer;
eSfl1º(j) apeace nofficer;»Sfl1 bSfl1º 24(j)»Sfl1 (j)Sfl1º(k)»Sfl1 public safety telecommunicator;
uh [g (k)Sfl1º(k)»Sfl1 Sfl1º(l)»Sfl1 sheriff's o t hr deputy;
orSfl2ºor»Sfl2 .227655.1g -e 8i -k SHPAC/SBh 87r (l)Sfl1º (l)»Sfl1 Sfl1º(m)»Sfl1 state i s h police officer;
Sfl2ºor»Sfl2 , t, e u g Sfl2º (m) protective services e b l e e h n d d i investigator;»Sfl2 = = o h l ] b ,d (2) retired member shall have retired prior to i a º e r i = r December 31, 2023;
(3)t retirede member'sw pension,d includingm anya cost-of-livingn adjustment,o shalld continuem to: be paid during the period of subsequent employment;
b e d s º o t n = .227655.1AIC February 3, 2024 (2:10pm) s k m e - 9 - e a n e d r e l u [ A d SHPAC/SB 87 (3) retired member's pension, including any cost-of-living adjustment, shall continue to be paid during the period of subsequent employment;
(7) contributions paid by or on behalf of the e t 17 retired member during the term of subsequent employment shall w l n d 18 not be refundable at the termination of the subsequent = = 19 employment;
ah lu i a e r 20 (8) retired member shall have no seniority a» r t mh m 21 based on pre-retirement employment for purposes of selecting dg r e 22l i shifts;
ch er i s kh 23, (9) retired member shall have no limitation on e ah nt bu 24g the length of time that the retired member can be subsequently ue [b l e e , gh employed or reemployed by an affiliated public employer;
.227655.1n -d 9d -i SHPAC/SB= 87= o h l ] b ,d provided that the retired member shall only receive up to i a º r e r = thirty-six consecutive months of pension payments while reemployed;t e w d m a n o d m :
b r e t º o t n = .227655.1AIC February 3, 2024 (2:10pm) s k m e - 10 - e a n e d r e l u [ A d SHPAC/SB 87 reemployed;
e t 17 (c) the salary of each reemployed w l n d 18 retired member;
and =h =g 19 (d) the monthly vacancy rate for each ao lt ihr a e r 20 employment position at the affiliated public employer;
and ag te mi mk 21h r (2) if the affiliated public employer has to di rs eh 22 lay off employees due to budgetary restrictions, lay off c, t, e su kg 23 reemployed retired members before laying off any members.
e ab nl be 24e h L.
un [d d i = = o h l ] b ,d (1) "adult correctional officer" means a .227655.1i -a 10º -e SHPAC/SBr 87i = r person who is employed as an adult correctional officer or an adultt correctionale officerw specialistd bym a staten correctionalo facilityd ofm the: corrections department or its successor agency;
b e d s º o t n = .227655.1AIC February 3, 2024 (2:10pm) s k m e - 11 - e a n e d r e l u [ A d SHPAC/SB 87 adult correctional officer specialist by a state correctional facility of the corrections department or its successor agency;
(4) "emergency medical dispatcher" means a person who is trained and licensed pursuant to the Emergency Medical Services Act and who receives calls for emergency medical assistance, provides pre-arrival medical instructions, e t 17 dispatches emergency medical assistance and coordinates its wh lu n d 18 response;
=» =r 19t h (5) "emergency medical technician" means a ag e l i a e r 20 person who is licensed as an emergency medical technician andh ar ti ms mh 21, Sfl1ºor paramedic»Sfl1 and who provides patient care pursuant toe theh Emergencyt Medicalu dg rto ethe 22Emergency Medical Services Act;
ce b l e se k, 23gh (6) "firefighter" means a person who is en ad nd i = = o h l ] b 24,d employed as a full-time non-volunteer firefighter by an ui [a º r e r = affiliated public employer andSfl1ºand»Sfl1 who has taken the oatht fore .227655.1w -d 11m -a SHPAC/SBn 87o firefighters;d m :
b r e t º o t n = .227655.1AIC February 3, 2024 (2:10pm) s k m e - 12 - e a n e d r e l u [ A d SHPAC/SB 87 oath for firefighters Sfl1ºand who serves in a non-management position serving or supporting the delivery of emergency services in a front-line capacity»Sfl1 ;
(10)h "publicu safetySfl1º(10) telecommunicator""peace officer" means a person who is» anr employeet ofh ais safetyappointed agencyby whothe receivesattorney callsgeneral eor tdistrict 17attorney orand dispatchesg thee appropriatel personneli orwho equipmentis ina wcertified llaw nenforcement dofficer 18who responseinvestigates toand callsh forr police,i fires orh medical, servicesenforces andstate =laws, =rules 19and makesregulations, decisionsincluding affecting the life,e healthh ort welfareu g execution of thewarrants;»Sfl1 ae b l e e , gh Sfl2º (10) "protective services investigator" n d d i a= e= ro 20h publicl or] safetyb employees,d andmeans a person who hasis qualifiedan foremployee of the aprotective tservices mi ma 21º certificationr sete forthr in= division of the Publicchildren, Safetyyouth Telecommunicatorand dfamilies rdepartment who t e 22w Trainingd Act;m a n o d m :
cb r e t º o t n = .227655.1AIC February 3, 2024 (2:10pm) s k 23m (11)e "sheriff's- deputy"13 means- e a personn whoe isd r e al nu b[ 24A employedd bySHPAC/SB a87 countyinvestigates child abuse referrals, assesses the risk and safety of the child and takes appropriate action or prepares cases for transfer to child protective services permanency planning;»Sfl2 Sfl1º (10)»Sfl1 Sfl1º(11)»Sfl1 "public safety telecommunicator" means a person who is aan lawemployee enforcementof officera safety agency who ureceives [calls servesor indispatches athe uniformedappropriate patrolpersonnel capacityor respondingequipment in response to dispatchedcalls .227655.1for -police, 12fire -or SHPAC/SBmedical 87services callsand makes decisions affecting the life, health or welfare of the public or safety employees and who has qualified for service;the certification set forth in the Public Safety Telecommunicator Training Act;
andSfl1º(11)»Sfl1 (12)Sfl1º(12)»Sfl1 "state"sheriff's policedeputy" officer" means a person who is anemployed officerby ofa thecounty Newand Mexico state police division of the department of public safety, who hasis takena thelaw oathenforcement prescribedofficer for such officers and who serves in a uniformed patrol capacity responding to dispatched calls for service."service; SECTION 2.
EFFECTIVEand DATE.--Theh effectiveu dateSfl1º(12)»Sfl1 Sfl1º(13)»Sfl1 "state police » r t h officer" means a person who is an officer of the provisionsNew Mexico g e l i state police division of thisthe actdepartment isof Julypublic 1,safety, 2024.who h r i s h , has taken the oath prescribed for such officers and who serves e h t u g in a uniformed patrol capacity responding to dispatched calls e b l e e , gh for service." n d d i = = o h l ] b ,d SECTION 2.
-EFFECTIVE 13DATE.--The -effective 11date 13of 15the e t 17 w l n d 18 = = 19 a l i a eº r 20e a t m m 21 d r e= 22provisions cof ethis sact kis 23July e1, a2024. n b 24 u [ .227655.1
t e w d m a n o d m :
b r e t º o t n = .227655.1AIC February 3, 2024 (2:10pm) s k m e - 14 - e a n e d r e l u [ A d
Show all 99 changed rows (59 more)
View plain text versions (3)
- Amended Amendments in Context Current pdf
- Substitute PA substitute pdf
- Introduced introduced version pdf
AI-generated reading aid from the bill's amendatory text — verify against the official bill.
The bill amends the Public Employees Retirement Act to allow certain retired public safety employees to return to work under specified conditions without losing their pension benefits.
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Section 10-11-8 NMSA 1978
"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;"→ "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 ninety consecutive days from the date of retirement to the commencement of subsequent employment or reemployment with an affiliated public employer;"This change reduces the waiting period for certain retired public safety employees from twelve months to ninety days before they can return to work.
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Section 10-11-8 NMSA 1978
"a retired member may be subsequently employed by an affiliated public employer only pursuant to the following provisions:"→ "a retired member may be subsequently employed by an affiliated public employer; provided that 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 ninety consecutive days from the date of retirement to the commencement of subsequent employment or reemployment with an affiliated public employer; and further provided that the: "This establishes a general provision for retired public safety employees to return to work with an affiliated employer under certain conditions.
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Section 10-11-8 NMSA 1978
"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;"→ "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;"This provision remains unchanged, reaffirming that returning retired members will not accrue service credit or contributions.
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Section 10-11-8 NMSA 1978
"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."It retains the rule that retired members who return to work are entitled to benefits but cannot accrue further service credit.
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Section 10-11-8 NMSA 1978
"Upon termination of the subsequent employment, the retired member's pension shall resume in accordance with the provisions of Subsection A of this section."It maintains that pensions will resume for retired members after their subsequent employment ends.
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Section 10-11-8 NMSA 1978
"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."This keeps the requirements for elected officials returning to work while receiving retirement benefits.
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Section 10-11-8 NMSA 1978
"For the period of subsequent employment with an affiliated public employer;"It clarifies the limitations on service credit accrued during subsequent employment.
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Section 10-11-8 NMSA 1978
"and (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;"Removal of specific conditions for retired members returning to roles as elected officials.
Action History
-
action postponed indefinitely
-
DO PASS committee report adopted
-
Sent to House Labor, Veterans & Military Affairs Committee
-
passed Senate
-
floor substitute adopted (2 amendment)
-
DO PASS committee report adopted
-
DO NOT PASS, replaced with committee substitute
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germane
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Sent to Senate Committees' Committee & Senate Health and Public Affairs Committee & Senate Finance Committee
Sponsors
- Daniel A. Ivey-Soto · Primary
- Craig W. Brandt · Primary
Sponsorship breakdown
Export CSV (upgrade) →2 sponsors · 0 co-sponsors · 110 not signed on · 3 voted No
Sponsors (2)
- Ivey-Soto, Daniel A.
- Craig W. Brandt Republican
Co-sponsors (0)
None.
Not signed on (110)
110 members have not signed on to this bill.
Show all 110 →"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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 5 | 0 | 0 | 0 |
| Unaffiliated | 14 | 0 | 0 | 4 |
| Democrat | 14 | 3 | 0 | 2 |
| Total | 33 | 3 | 0 | 6 |
| % of votes cast | 79% | 7% | 0% | 14% |
How each member voted (42)
| Member | Party | Vote |
|---|---|---|
| BURT | — | Yea |
| GALLEGOS | — | Yea |
| GRIGGS | — | Yea |
| HEMPHILL | — | Yea |
| McCUTCHEON | — | Yea |
| McKENNA | — | Yea |
| NEVILLE | — | Yea |
| NIBERT | — | Yea |
| PIRTLE | — | Yea |
| RODRIGUEZ | — | Yea |
| SCHMEDES | — | Yea |
| SEDILLO-LOPEZ | — | Yea |
| TALLMAN | — | Yea |
| IVEY-SOTO | — | Not Voting |
| MOORES | — | Not Voting |
| O'NEILL | — | Not Voting |
| SANCHEZ | — | Not Voting |
| ORTIZ y PINO | — | Yea |
| Antonio Maestas | Democrat | Yea |
| Benny Shendo, Jr. | Democrat | Not Voting |
| Carrie Hamblen | Democrat | Yea |
| Elizabeth "Liz" Stefanics | Democrat | Yea |
| George K. Muñoz | Democrat | Nay |
| Harold Pope | Democrat | Yea |
| Jeff Steinborn | Democrat | Yea |
| Joseph Cervantes | Democrat | Yea |
| Katy Duhigg | Democrat | Yea |
| Leo Jaramillo | Democrat | Yea |
| Linda M. López | Democrat | Nay |
| Martin Hickey | Democrat | Yea |
| Michael Padilla | Democrat | Yea |
| Mimi Stewart | Democrat | Yea |
| Pete Campos | Democrat | Yea |
| Peter Wirth | Democrat | Nay |
| Roberto "Bobby" J. Gonzales | Democrat | Yea |
| Shannon D. Pinto | Democrat | Not Voting |
| William P. Soules | Democrat | Yea |
| Brian G. Baca | Republican | Yea |
| Craig W. Brandt | Republican | Yea |
| Crystal Brantley | Republican | Yea |
| Pat Woods | Republican | Yea |
| William E. Sharer | Republican | Yea |
Subjects
Frequently asked questions
- Who sponsors SB 87?
- SB 87 is sponsored by Ivey-Soto, Daniel A. and Craig W. Brandt (Republican).
- What is the current status of SB 87?
- This bill died with 2024 Regular Session. It reached “Passed Senate” 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 SB 87?
- Track SB 87 free on One Click Politics — get push/email alerts when it moves.
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Last checked for changes 2 months ago · updated continuously
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