SB 148 — FORMER OFFICERS AS SCHOOL SAFETY PERSONNEL

SENATEAN BILLACT 148RELATING 54THTO LEGISLATURERETIREMENT; - STATE OF NEW MEXICO - FIRST SESSIO, 2019 INTRODUCED BY Craig W.

Brandt 6 8 FOR THE LEGISLATIVE EDUCATION STUDY COMMITTEE 10 AN ACT RELATING TO RETIREMENT;

156 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 by Laws 2014, Chapter 35, w l n d 18 Section 1 and by Laws 2014, Chapter 39, Section 1 and also by = = 19 Laws 2014, Chapter 43, Section 1) is amended to read:

a l i a e r 20 "10-11-8.

NORMAL RETIREMENT--RETURN TO EMPLOYMENT-- a t m m 21 BENEFITS CONTINUED--CONTRIBUTIONS.-- d r e 22 A.

A member may retire upon fulfilling the c e s k 23 following requirements prior to the selected date of e a n b 24 retirement:

u [ (1) a written application for normal .211863.2 retirement, in the form prescribed by the association, is filed with the association;

and (4) the member meets the age and service SB 148 credit requirement for normal retirement specified in the Page 1 coverage plan applicable to the member.

Except as provided in Subsection E of this section, on or after July 1, 2010, a retired member may be subsequently employed by an affiliated public employer only e e 17 pursuant to the following provisions:

e e n d 18 (1) the retired member has not been employed = = l ] 19 as an employee of an affiliated public employer or retained as a l r i 20 an independent contractor by the affiliated public employer t e a t from which the retired member retired for at least twelve m m 21 e d r e 22 consecutive months from the date of retirement to the c e r c 23 commencement of subsequent employment or reemployment with an e a n b 24 affiliated public employer;

u [ (2) the retired member's pension shall be .211863.2 - 2 - suspended upon commencement of the subsequent employment;

and (4) upon termination of the subsequent employment, the retired member's pension shall resume in SB 148 Page 2 accordance with the provisions of Subsection A of this section.

Notwithstanding the provisions of Subsection B of Section 10-11-118 NMSA 1978, on and after July 1, 2013, if a retired member becomes employed with an employer pursuant to the Educational Retirement Act, and effective July 1, 2014, if a retired member who, subsequent to retirement, is employed and covered pursuant to the Judicial Retirement Act, and, effective e e 17 July 1, 2014, if a retired member who, subsequent to e e n d 18 retirement, is employed and covered pursuant to the Magistrate = = l ] 19 Retirement Act:

a l r i 20 (1) the retired member's cost-of-living t e a t pension adjustment shall be suspended upon commencement of the m m 21 e d r e 22 employment, unless that retired member is a retired law c e r c 23 enforcement officer who is employed as school security e a n b 24 personnel;

and u [ (2) upon termination of the employment, the .211863.2 - 3 - retired member's suspended cost-of-living pension adjustment shall be reinstated as provided under Subsection B of Section 10-11-118 NMSA 1978, unless that retired member is a retired law enforcement officer who is employed as school security personnel.

6 E.

(1) a retired member employed by the SB 148 Page 3 legislature for legislative session work;

(a) the retired member files an e e 17 irrevocable exemption from membership with the association e e n d 18 within thirty days of taking office;

and = = l ] 19 (b) the irrevocable exemption shall be a l r i 20 for the elected official's term of office.

t e a t F.

A retired member who returns to employment m m 21 e d r e 22 during retirement pursuant to Subsection E of this section is c e r c 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 .211863.2 - 4 - 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 SB 148 Page 4 retired member shall accrue service credit for the period of subsequent employment;

(a) payment of the pension shall resume e e 17 in accordance with the provisions of Subsection A of this e e n d 18 section;

= = l ] 19 (b) unless the previously retired member a l r i 20 accrued at least three years of service credit on account of t e a t the subsequent employment, the recalculation of pension shall:

m m 21 e d r e 22 1) employ the form of payment selected by the previously c e r c 23 retired member at the time of the first retirement;

and 2) use e a n b 24 the provisions of the coverage plan applicable to the member on u [ the date of the first retirement;

and .211863.2 - 5 - (c) the recalculated pension shall not be less than the amount of the suspended pension.

(1) on and after July 1, 2010, the retired SB 148 Page 5 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;

and e e 17 (3) upon termination of the subsequent e e n d 18 employment with the affiliated public employer, the retired = = l ] 19 member's cost-of-living pension adjustment shall be reinstated a l r i 20 as provided in Subsection B of Section 10-11-118 NMSA 1978, t e a t unless that retired member is a retired law enforcement officer m m 21 e d r e 22 who is employed as school security personnel.

c e r c 23 I.

Effective July 1, 2014, if a retired member who, e a n b 24 subsequent to retirement, is employed and covered pursuant to u [ the provisions of the Magistrate Retirement Act or Judicial .211863.2 - 6 - Retirement Act, during the period of subsequent employment:

(2) the retired member's cost-of-living SB 148 Page 6 pension adjustment shall be suspended upon commencement of the employment;

(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 e e 17 accordance with the coverage plan that produces the highest e e n d 18 pension;

= = l ] 19 (2) the pension of a member who has service a l r i 20 credit earned on or before June 30, 2013 under two or more t e a t coverage plans but who has three or more years of service m m 21 e d r e 22 credit under only one of those coverage plans shall be c e r c 23 determined in accordance with the coverage plan in which the e a n b 24 member has three or more years of service credit.

If the u [ service credit is acquired under two different coverage plans .211863.2 - 7 - 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 SB 148 Page 7 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 under the coverage plan producing the greater pension;

(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 e e 17 sum of:

e e n d 18 (a) the pension attributable to the = = l ] 19 service credit earned on or before June 30, 2013 determined a l r i 20 pursuant to Paragraph (1) or (2) of this subsection;

and t e a t (b) the pension attributable to the m m 21 e d r e 22 service credit earned under each coverage plan on or after July c e r c 23 1, 2013;

e a n b 24 (4) the pension of a member who has service u [ credit earned only on and after July 1, 2013 shall be equal to .211863.2 - 8 - the sum of the pension attributable to the service credit the member has accrued under each coverage plan;