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F I S C A L I M P A C T R E P O R T

SPONSOR Maestas

ORIGINAL DATE

LAST UPDATED

2-19-07

HB 1003

SHORT TITLE

PUBLIC EMPLOYEE RETIREMENT INFO

DISCLOSURE

SB

ANALYST Aubel

ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT (dollars in thousands)

FY07

FY08

FY09 3 Year

Total Cost

Recurring

or Non-Rec

Fund

Affected

Total

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Office of the Attorney General (OAG)

Public Employees Retirement Association (PERA)

Office of the Secretary of State

SUMMARY

Synopsis of Bill

House Bill 1003 would amend NMSA Section 10-11-130I of the Public Employees Retirement

Act to allow the Public Employees Retirement Association (PERA) to release, without written

consent, the names and addresses of members and retired members to a nonprofit retirement

organization for that organization's exclusive use if PERA is currently withholding a dues

deduction for that organization. Information disclosed without release or consent of the member

or retired member may not be distributed or used for commercial purposes.

FISCAL IMPLICATIONS

Unless the number of organizations qualified under HB 1003 increases significantly, HB 1003

should have little or no fiscal impact on PERA. Similarly, unless organizations qualified under

HB 1003 for receiving names and addresses of members and retirees make multiple requests in

any given calendar year; this bill should have little or no administrative or fiscal impact on

PERA.

House Bill 1003 – Page

2

SIGNIFICANT ISSUES

The significant issue is who should be entitled to the name and address lists of PERA members

and retirees.

The OAG notes that current law prohibits the release or inspection of information in files of

members or retirees without written consent except applicable coverage plans, amounts of

retirement plan contributions made by members and affiliated public employers, pension

amounts paid and the names and addresses of public employees retirement association members

or retirees requested for election purposes by candidates for election. This bill would allow the

release of names and addresses of members and retired members to a “nonprofit retirement

organization" if the Public Employees Retirement Association is currently withholding dues for

that organization. Currently, PERA is withholding dues for the Retired Public Employees of

New Mexico (RPENM) and the American Federation of State, Municipal and County Employees

(AFSCME).

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL

Names and address of PERA members and retires could not be released without the release and

consent of the member, except as allowed by current statute.

1.

How does the releasing of information to the qualified organizations benefit the

members.

MA/nt