New Mexico 2021 Regular Session Status: Enacted

SB 90 — CERTAIN OVERTIME PAY AS SALARY IN PERA

Last action — Signed

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

This bill has been enacted into law. Introduced January 19, 2021. Enacted.

Prognosis

Advancing 50% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

335 added · 445 removed

Plain-language change summary

The recent amendment to Senate Bill 90 now includes overtime pay as part of the definition of "salary" for public employee retirement benefits. This change is important because it ensures that employees who regularly work overtime will have that extra pay counted towards their retirement calculations, potentially resulting in more financial security upon retirement. Additionally, the previous amendment to increase employee contribution rates for municipal fire members has been removed, suggesting a shift towards protecting current employee benefits rather than increasing their costs.

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SENATE BILL 90 55TH LEGISLATURE - STATEOFNEWMEXICO- FIRST SESSION, 2021 INTRODUCED BY George K.
AN ACT RELATING TO PUBLIC EMPLOYEE RETIREMENT;
Munoz 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.
INCLUDING OVERTIME PAY REQUIRED FOR A REGULAR SCHEDULED TOUR OF DUTY IN THE DEFINITION OF "SALARY" IN THE PUBLIC EMPLOYEES RETIREMENT ACT;
The document is a tool to show amendments in context and cannot be used for the purpose of adding amendments to legislation.
INCREASING EMPLOYEE CONTRIBUTION RATES FOR ALL MUNICIPAL FIRE MEMBER COVERAGE PLANS.
h AN ACT g o RELATING TO PUBLIC EMPLOYEE RETIREMENT;
8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
INCLUDING OVERTIME PAY t hr g e i k REQUIRED FOR A REGULAR SCHEDULED TOUR OF DUTY IN THE DEFINITION h r i s OF "SALARY" IN THE PUBLIC EMPLOYEES RETIREMENT ACT SHPACº ;
SECTION 1.
h , t, MAKING AN APPROPRIATION»SHPAC .
Section 10-11-2 NMSA 1978 (being Laws 1987, Chapter 253, Section 2, as amended) is amended to read:
e u g e b l e e h n d d i = = o h BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
"10-11-2.
l ] b ,d i a º e SECTION 1.
Section 10-11-2 NMSA 1978 (being Laws 1987, r i = r t e w d m a n o Chapter 253, Section 2, as amended) is amended to read:
d m :
b e d s º o t n = .218928.1AIC February 11, 2021 (2:42pm) s k m e e a n e d r e l u [ A d "10-11-2.
D.
SFC/SB 90 Page 1 D.
"coverage plan funded ratio" means the ratio of the actuarial value of the assets of a coverage plan to the h actuarial accrued liability of the association for payments u » r from the coverage plan, as determined by the association's t h g e l i actuaries;
"coverage plan funded ratio" means the ratio of the actuarial value of the assets of a coverage plan to the actuarial accrued liability of the association for payments from the coverage plan, as determined by the association's actuaries;
h r i s E.
E.
"disability retired member" means a retired h , e h member who is receiving a pension pursuant to the disability t u g e b l e e , gh retirement provisions of the Public Employees Retirement Act;
"disability retired member" means a retired member who is receiving a pension pursuant to the disability retirement provisions of the Public Employees Retirement Act;
n d d i = = o h F.
F.
"disability retirement pension" means the l ] b ,d i a º r pension paid pursuant to the disability retirement provisions e r = t e w d m a n o of the Public Employees Retirement Act;
"disability retirement pension" means the pension paid pursuant to the disability retirement provisions of the Public Employees Retirement Act;
d m :
G.
b r e t º o t n = .218928.1AIC February 11, 2021 (2:42pm) s k m e - 2 - e a n e d r e l u [ A d G.
"form of payment" means the applicable form of payment of a pension provided for in Section 10-11-117 NMSA 1978;
"form of payment" means the applicable form of payment of a pension provided for in Section 10-11-117 SFC/SB 90 Page 2 NMSA 1978;
"former member" means a person who was h previously employed by an affiliated public employer, who has g o t hr terminated that employment and who has received a refund of g e i k member contributions;
"former member" means a person who was previously employed by an affiliated public employer, who has terminated that employment and who has received a refund of member contributions;
h r i s M.
M.
"fund" means the funds included under the Public h , t, Employees Retirement Act;
"fund" means the funds included under the Public Employees Retirement Act;
e u g e b l e e h N.
N.
"member" means a currently employed, n d d i = = o h contributing employee of an affiliated public employer, or a l ] b ,d i a º e person who has been but is not currently employed by an r i = r t e w d m a n o affiliated public employer, who has not retired and who has not d m :
"member" means a currently employed, contributing employee of an affiliated public employer, or a person who has been but is not currently employed by an affiliated public employer, who has not retired and who has not received a refund of member contributions;
b e d s º o t n = .218928.1AIC February 11, 2021 (2:42pm) s k m e - 3 - e a n e d r e l u [ A d received a refund of member contributions;
(3) "juvenile correctional officer member" means a member who is employed as a juvenile correctional officer by the children, youth and families department or its successor agency;
(3) "juvenile correctional officer member" means a member who is employed as a juvenile correctional officer by the children, youth and families department or its SFC/SB 90 Page 3 successor agency;
(4) "juvenile probation and parole officer member" means a member who is employed as a probation and h parole officer by the children, youth and families department u » r or its successor agency;
(4) "juvenile probation and parole officer member" means a member who is employed as a probation and parole officer by the children, youth and families department or its successor agency;
t h g e l i (5) "municipal detention officer member" means h r i s a member who is employed by an affiliated public employer other h , e h than the state and who has inmate custodial responsibilities at t u g e b l e e , gh a facility used for the confinement of persons charged with or n d d i = = o h convicted of a violation of a law or ordinance;
(5) "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 persons charged with or convicted of a violation of a law or ordinance;
l ] b ,d i a º r (6) "municipal fire member" means any member e r = t e w d m a n o who is employed as a full-time nonvolunteer firefighter by an d m :
(6) "municipal fire member" means any member who is employed as a full-time nonvolunteer firefighter by an affiliated public employer and who has taken the oath prescribed for firefighters;
b r e t º o t n = .218928.1AIC February 11, 2021 (2:42pm) s k m e - 4 - e a n e d r e l u [ A d affiliated public employer and who has taken the oath prescribed for firefighters;
and (8) "state police member" means a member who is an officer of the New Mexico state police and who has taken the oath prescribed for such officers, except that a state police member shall not include a member who is an officer of the New Mexico state police division and who was certified and commissioned as of June 30, 2015 in the former motor transportation division or the former special investigations division of the department of public safety;
and (8) "state police member" means a member who is an officer of the New Mexico state police and who has taken the oath prescribed for such officers, except that a state police member shall not include a member who is an officer of the New Mexico state police division and who was certified and commissioned as of June 30, 2015 in the former SFC/SB 90 Page 4 motor transportation division or the former special investigations division of the department of public safety;
h P.
P.
"pension" means a series of monthly payments to u » r a retired member or survivor beneficiary as provided in the t h g e l i Public Employees Retirement Act;
"pension" means a series of monthly payments to a retired member or survivor beneficiary as provided in the Public Employees Retirement Act;
h r i s Q.
Q.
"public employer" means the state, any h , e h municipality, city, county, metropolitan arroyo flood control t u g e b l e e , gh authority, economic development district, regional housing n d d i = = o h authority, soil and water conservation district, entity created l ] b ,d i a º r pursuant to a joint powers agreement, council of government, e r = t e w d m a n o conservancy district, irrigation district, water and sanitation d m :
"public employer" means the state, any municipality, city, county, metropolitan arroyo flood control authority, economic development district, regional housing authority, soil and water conservation district, entity created pursuant to a joint powers agreement, council of government, conservancy district, irrigation district, water and sanitation district, water district and metropolitan water board, including the boards, departments, bureaus and agencies of a public employer, so long as these entities fall within the meaning of governmental plan as that term is used in Section 414(d) of the Internal Revenue Code of 1986, as amended;
b r e t º o t n = .218928.1AIC February 11, 2021 (2:42pm) s k m e - 5 - e a n e d r e l u [ A d district, water district and metropolitan water board, including the boards, departments, bureaus and agencies of a public employer, so long as these entities fall within the meaning of governmental plan as that term is used in Section 414(d) of the Internal Revenue Code of 1986, as amended;
"refund beneficiary" means a person designated by the member, in writing, in the form prescribed by the association, as the person who would be refunded the member's accumulated member contributions payable if the member dies and no survivor pension is payable or 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;
"refund beneficiary" means a person designated by the member, in writing, in the form prescribed by the association, as the person who would be refunded the member's accumulated member contributions payable if the member dies and no survivor pension is payable or who would receive the difference between pension paid and accumulated member SFC/SB 90 Page 5 contributions if the retired member dies before receiving in pension payments the amount of the accumulated member contributions;
(1) terminate employment with all employers h covered by any state system or the educational retirement u » r system;
(1) terminate employment with all employers covered by any state system or the educational retirement system;
and t h g e l i (2) receive a pension from a state system or h r i s the educational retirement system;
and (2) receive a pension from a state system or the educational retirement system;
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h , e h T.
T.
"retired member" means a person who has met all t u g e b l e e , gh requirements for retirement and who is receiving a pension from n d d i = = o h the fund;
"retired member" means a person who has met all requirements for retirement and who is receiving a pension from the fund;
l ] b ,d i a º r U.
U.
"retirement board" means the retirement board e r = t e w d m a n o provided for in the Public Employees Retirement Act;
"retirement board" means the retirement board provided for in the Public Employees Retirement Act;
d m :
V.
b r e t º o t n = .218928.1AIC February 11, 2021 (2:42pm) s k m e - 6 - e a n e d r e l u [ A d V.
"Salary" shall not include 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.
"Salary" shall not include 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 SFC/SB 90 Page 6 payment, and any other form of remuneration not specifically designated by law as included in salary for Public Employees Retirement Act purposes.
The limitation on compensation for eligible h employees shall not be less than the amount that was allowed to u » r be taken into account under the state retirement system acts in t h g e l i effect on July 1, 1993.
The limitation on compensation for eligible employees shall not be less than the amount that was allowed to be taken into account under the state retirement system acts in effect on July 1, 1993.
For purposes of this subsection, h r i s "eligible employee" means an individual who was a member of a h , e h state system before the first plan year beginning after t u g e b l e e , gh December 31, 1995;
For purposes of this subsection, "eligible employee" means an individual who was a member of a state system before the first plan year beginning after December 31, 1995;
n d d i = = o h W.
W.
"state system" means the retirement programs l ] b ,d i a º r provided for in the Public Employees Retirement Act, the e r = t e w d m a n o Magistrate Retirement Act and the Judicial Retirement Act;
"state system" means the retirement programs provided for in the Public Employees Retirement Act, the Magistrate Retirement Act and the Judicial Retirement Act;
d m :
X.
b r e t º o t n = .218928.1AIC February 11, 2021 (2:42pm) s k m e - 7 - e a n e d r e l u [ A d X.
"survivor beneficiary" means a person who receives a pension or who has been designated to be paid a pension as a result of the death of a member or retired member." SHPACº SECTION 2.
"survivor beneficiary" means a person who receives a pension or who has been designated to be paid a pension as a result of the death of a member or retired member." SECTION 2.
APPLICABILITY.--The provisions of this act apply to a member's salary or wages earned on or after the effective date of this act.
Section 10-11-90 NMSA 1978 (being Laws 1987, Chapter 253, Section 90, as amended) is amended to read:
SECTION 3.
"10-11-90.
APPROPRIATION.--Thirty million dollars ($30,000,000) is appropriated from the general fund to the public employees retirement association for expenditure in fiscal year 2022 and subsequent fiscal years to offset the cost incurred by including certain overtime payments in certain h member's wages and salary.
MUNICIPAL FIRE MEMBER COVERAGE PLAN 1-- SFC/SB 90 Page 7 MEMBER CONTRIBUTION RATE.--A member under municipal fire member coverage plan 1 shall contribute eight percent of salary with the first full pay period in the calendar month in which municipal fire member coverage plan 1 becomes applicable to the member, except that a member whose annual salary is greater than twenty-five thousand dollars ($25,000) shall contribute:
Any unexpended or unencumbered u » r balance remaining at the end of a fiscal year shall not revert t h g e l i to the general fund.»SHPAC h r i s SECTION SHPACº2.»SHPAC SHPACº4.»SHPAC EFFECTIVE DATE.-- h , e h t u g The effective date of the provisions of this act is July 1, e b l e e , gh 2021.
A.
n d d i = = o h - 8 - l ] b ,d i a º r e r = t e w d m a n o d m :
beginning July 1, 2021 and continuing through June 30, 2022, eleven percent of salary;
b r e t º o t n = .218928.1AIC February 11, 2021 (2:42pm) s k m e e a n e d r e l u [ A d
B.
beginning July 1, 2022 and continuing through June 30, 2023, eleven and one-half percent of salary;
C.
beginning July 1, 2023 and continuing through June 30, 2024, twelve percent of salary;
D.
beginning July 1, 2024 and continuing through June 30, 2025, twelve and one-half percent of salary;
and E.
beginning July 1, 2025 and thereafter, thirteen percent of salary." SECTION 3.
Section 10-11-96 NMSA 1978 (being Laws 1987, Chapter 253, Section 96, as amended) is amended to read:
"10-11-96.
MUNICIPAL FIRE MEMBER COVERAGE PLAN 2-- MEMBER CONTRIBUTION RATE.--A member under municipal fire member coverage plan 2 shall contribute eight percent of salary with the first full pay period in the calendar month in which municipal fire member coverage plan 2 becomes applicable to the member, except that a member whose annual SFC/SB 90 Page 8 salary is greater than twenty-five thousand dollars ($25,000) shall contribute:
A.
beginning July 1, 2021 and continuing through June 30, 2022, eleven percent of salary;
B.
beginning July 1, 2022 and continuing through June 30, 2023, eleven and one-half percent of salary;
C.
beginning July 1, 2023 and continuing through June 30, 2024, twelve percent of salary;
D.
beginning July 1, 2024 and continuing through June 30, 2025, twelve and one-half percent of salary;
and E.
beginning July 1, 2025 and thereafter, thirteen percent of salary." SECTION 4.
Section 10-11-102 NMSA 1978 (being Laws 1987, Chapter 253, Section 102, as amended) is amended to read:
"10-11-102.
MUNICIPAL FIRE MEMBER COVERAGE PLAN 3-- MEMBER CONTRIBUTION RATE.--A member under municipal fire member coverage plan 3 shall contribute eight percent of salary with the first full pay period in the calendar month in which municipal fire member coverage plan 3 becomes applicable to the member, except that a member whose annual salary is greater than twenty-five thousand dollars ($25,000) shall contribute:
A.
beginning July 1, 2021 and continuing through June 30, 2022, eleven percent of salary;
SFC/SB 90 Page 9 B.
beginning July 1, 2022 and continuing through June 30, 2023, eleven and one-half percent of salary;
C.
beginning July 1, 2023 and continuing through June 30, 2024, twelve percent of salary;
D.
beginning July 1, 2024 and continuing through June 30, 2025, twelve and one-half percent of salary;
and E.
beginning July 1, 2025 and thereafter, thirteen percent of salary." SECTION 5.
Section 10-11-108 NMSA 1978 (being Laws 1987, Chapter 253, Section 108, as amended) is amended to read:
"10-11-108.
MUNICIPAL FIRE MEMBER COVERAGE PLAN 4-- MEMBER CONTRIBUTION RATE.--A member under municipal fire member coverage plan 4 shall contribute twelve and eight-tenths percent of salary with the first full pay period in the calendar month in which municipal fire member coverage plan 4 becomes applicable to the member, except that a member whose annual salary is greater than twenty-five thousand dollars ($25,000) shall contribute:
A.
beginning July 1, 2021 and continuing through June 30, 2022, fifteen and eight-tenths percent of salary;
B.
beginning July 1, 2022 and continuing through June 30, 2023, sixteen and three-tenths percent of salary;
C.
beginning July 1, 2023 and continuing through June 30, 2024, sixteen and eight-tenths percent of salary;
SFC/SB 90 Page 10 D.
beginning July 1, 2024 and continuing through June 30, 2025, seventeen and three-tenths percent of salary;
and E.
beginning July 1, 2025 and thereafter, seventeen and eight-tenths percent of salary." SECTION 6.
Section 10-11-114 NMSA 1978 (being Laws 1987, Chapter 253, Section 114, as amended) is amended to read:
"10-11-114.
MUNICIPAL FIRE MEMBER COVERAGE PLAN 5-- MEMBER CONTRIBUTION RATE.--A member under municipal fire member coverage plan 5 shall contribute sixteen and two-tenths percent of salary with the first full pay period in the calendar month in which municipal fire member coverage plan 5 becomes applicable to the member, except that a member whose annual salary is greater than twenty-five thousand dollars ($25,000) shall contribute:
A.
beginning July 1, 2021 and continuing through June 30, 2022, nineteen and two-tenths percent of salary;
B.
beginning July 1, 2022 and continuing through June 30, 2023, nineteen and seven-tenths percent of salary;
C.
beginning July 1, 2023 and continuing through June 30, 2024, twenty and two-tenths percent of salary;
D.
beginning July 1, 2024 and continuing through June 30, 2025, twenty and seven-tenths percent of salary;
and E.
beginning July 1, 2025 and thereafter, SFC/SB 90 Page 11 twenty-one and two-tenths percent of salary." SECTION 7.
APPLICABILITY.--The provisions of Section 1 of this act apply to a member's salary or wages earned on or after the effective date of this act.
SECTION 8.
EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2021.
SFC/SB 90 Page 12 8 25
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Action History

  1. Signed

  2. passed House

  3. DO PASS committee report adopted

  4. Sent to House Labor, Veterans & Military Affairs Committee

  5. passed Senate

  6. DO NOT PASS, replaced with committee substitute

  7. DO PASS, as amended, committee report adopted

  8. Sent to Senate Health and Public Affairs Committee & Senate Finance Committee

Sponsors

  • George K. Munoz · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 112 not signed on

Sponsors (1)

  • Munoz, George K.

Co-sponsors (0)

None.

Not signed on (112)

112 members have not signed on to this bill.

Show all 112 →

"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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Frequently asked questions

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SB 90 is sponsored by Munoz, George K..
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This bill has been enacted into law. Introduced January 19, 2021. Enacted.
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