0001| HOUSE BILL 875 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| LUCIANO "LUCKY" VARELA | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO PUBLIC RETIREMENT; AMENDING AND ENACTING SECTIONS | 0012| OF THE PUBLIC EMPLOYEES RETIREMENT ACT, THE JUDICIAL RETIREMENT | 0013| ACT AND THE MAGISTRATE RETIREMENT ACT. | 0014| | 0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0016| Section 1. A new section of the Public Employees | 0017| Retirement Act is enacted to read: | 0018| "10-11-2.1. [NEW MATERIAL] DEFINITIONS.--As used in | 0019| Chapter 10, Article 11 NMSA 1978, with reference to the public | 0020| employees retirement association, "executive secretary" means | 0021| "executive director". | 0022| Section 2. Section 10-11-4 NMSA 1978 (being Laws 1987, | 0023| Chapter 253, Section 4, as amended) is amended to read: | 0024| "10-11-4. SERVICE CREDIT--REQUIREMENTS FOR--FORFEITURE-- | 0025| REINSTATEMENT.-- | 0001| A. Personal service rendered an affiliated public | 0002| employer by a member shall be credited to the member's service | 0003| credit account in accordance with retirement board rules and | 0004| regulations. Service shall be credited to the nearest month. | 0005| In no case shall any member be credited with a year of service | 0006| for less than twelve months of service in any calendar year or | 0007| more than a month of service for all service in any calendar | 0008| month or more than a year of service for all service in any | 0009| calendar year. In no case shall any member be allowed to | 0010| purchase service credit unless the purchase is authorized in | 0011| the Public Employees Retirement Act. | 0012| B. Personal service rendered an affiliated public | 0013| employer prior to August 1, 1947 shall be credited to a member | 0014| if the member acquires one year of service credit for personal | 0015| service rendered an affiliated public employer. | 0016| C. Personal service rendered an affiliated public | 0017| employer after July 31, 1947 but prior to the date the public | 0018| employer became an affiliated public employer is prior service | 0019| and shall be credited to a member if: | 0020| (1) the member acquires five years of service | 0021| credit for personal service rendered an affiliated public | 0022| employer; and | 0023| (2) the member pays the association the amount | 0024| determined in accordance with Subsection D of this section. | 0025| D. The purchase cost for each month of service | 0001| credit purchased under the provisions of this section is equal | 0002| to the member's final average salary multiplied by the sum of | 0003| the member contribution rate and employer contribution rate | 0004| determined in accordance with the coverage plan applicable to | 0005| the member at the time of the written election to purchase. | 0006| Full payment shall be made in a single lump-sum amount in | 0007| accordance with the procedures established by the retirement | 0008| board. The portion of the purchase cost derived from the | 0009| employer contribution rate shall be credited to the employer | 0010| accumulation fund and shall not be refunded to the member in | 0011| the event of cessation of membership. In no case shall any | 0012| member be credited with a month of service for less than the | 0013| purchase cost as defined in this section. | 0014| E. Service credit shall be forfeited if a member | 0015| terminates employment with an affiliated public employer and | 0016| withdraws the member's accumulated member contributions. | 0017| F. A member or former member who is a member of | 0018| another state system or the educational retirement system and | 0019| who has forfeited service credit by withdrawal of member | 0020| contributions may reinstate the forfeited service credit by | 0021| repaying the amount withdrawn plus compound interest from the | 0022| date of withdrawal to the date of repayment at the rate set by | 0023| the retirement board. Withdrawn member contributions may be | 0024| repaid in increments of one year in accordance with the | 0025| procedures established by the retirement board. Full payment | 0001| of each one-year increment shall be made in a single lump-sum | 0002| amount in accordance with procedures established by the | 0003| retirement board." | 0004| Section 3. Section 10-11-4.2 NMSA 1978 (being Laws 1993, | 0005| Chapter 239, Section 1) is amended to read: | 0006| "10-11-4.2. CORRECTION OF ERRORS AND OMISSIONS-- | 0007| ESTOPPEL.-- | 0008| A. If an error or omission ~~[in an application or~~ | 0009| ~~its supporting documents]~~ results in an overpayment to a | 0010| member or beneficiary of a member, the association shall | 0011| correct the error or omission and adjust all future payments | 0012| accordingly. The association shall recover all overpayments | 0013| made for a period of up to one year prior to the date the error | 0014| or omission was discovered. | 0015| B. A person who is paid more than the amount that | 0016| is lawfully due him as a result of fraudulent information | 0017| provided by the member or beneficiary shall be liable for the | 0018| repayment of that amount to the association plus interest on | 0019| that amount at the rate set by the retirement board plus all | 0020| costs of collection, including ~~[attorneys']~~ attorney fees | 0021| if necessary. Recovery of such overpayments shall extend back | 0022| to the date the first payment was made based on the fraudulent | 0023| information. | 0024| C. Statements of fact or law made by retirement | 0025| board members or employees of the retirement board or the | 0001| association shall not estop the retirement board or the | 0002| association from acting in accordance with the applicable | 0003| statutes." | 0004| Section 4. Section 10-11-6 NMSA 1978 (being Laws 1987, | 0005| Chapter 253, Section 6) is amended to read: | 0006| "10-11-6. CREDITED SERVICE--CREDIT FOR INTERVENING | 0007| MILITARY AND UNITED STATES GOVERNMENT SERVICE.-- | 0008| A. A member who leaves the employ of an affiliated | 0009| public employer to enter ~~[an armed]~~ a uniformed service of | 0010| the United States shall be given ~~[credited]~~ service credit | 0011| for periods of ~~[active duty]~~ service in the uniformed | 0012| services subject to the following conditions: | 0013| (1) the member is reemployed by an affiliated | 0014| public employer within ninety days following termination of the | 0015| period of ~~[active duty]~~ intervening serving in the uniformed | 0016| services or the affiliated employer certifies in writing to the | 0017| association that the member is entitled to reemployment rights | 0018| under the Uniformed Services Employment and Reemployment Rights | 0019| Act of 1994; | 0020| (2) the member ~~[reinstates any forfeited~~ | 0021| ~~credited service]~~ retains membership in the association | 0022| during the period of service in the uniformed services; | 0023| (3) ~~[credited]~~ free service credit shall | 0024| not be given for periods of ~~[active duty]~~ intervening | 0025| service in the uniformed services following voluntary | 0001| reenlistment. Service credit for such periods shall be given | 0002| only after the member pays the association the sum of the | 0003| contributions that the person would have been required to | 0004| contribute had the person remained continuously employed | 0005| throughout the period of intervening service following | 0006| voluntary reenlistment, which payment shall be made during the | 0007| period beginning with the date of reemployment and whose | 0008| duration is three times the period of the person's intervening | 0009| service in the uniformed services following voluntary | 0010| reenlistment, not to exceed five years; ~~[and]~~ | 0011| (4) ~~[credited]~~ service credit shall not be | 0012| given for periods of ~~[active duty which]~~ intervening service | 0013| in the uniformed services that are used to obtain or increase | 0014| a benefit from another ~~[retirement program]~~ state system or | 0015| the retirement program provided under the Educational | 0016| Retirement Act; and | 0017| (5) the member must not have received a | 0018| discharge or separation from uniformed service under other than | 0019| honorable conditions. | 0020| Notwithstanding any provision of this plan to the | 0021| contrary, contributions, benefits and service credit with | 0022| respect to qualified military service will be provided in | 0023| accordance with Section 414(u) of the Internal Revenue Code of | 0024| 1986, as amended. | 0025| B. For a member who is subsequently employed by the | 0001| government of the United States within thirty days of leaving | 0002| the employ of an affiliated public employer: | 0003| (1) that member may continue membership in the | 0004| association subject to the following conditions: | 0005| (a) the member has fifteen or more years | 0006| of credited service; | 0007| (b) employment by the government of the | 0008| United States commences within ninety days of termination of | 0009| employment with the last affiliated public employer; | 0010| (c) the member files with the | 0011| association a written application for continued membership | 0012| within ninety days of termination of employment with the last | 0013| affiliated public employer; and | 0014| (d) the member remits to the | 0015| association, at the times and in the manner prescribed by the | 0016| association, the member contributions and the employer | 0017| contributions that would have been made had the member | 0018| continued in the employ of the last affiliated public employer; | 0019| (2) the contributions required by Paragraph | 0020| (1) of this subsection shall be based on a salary equal to the | 0021| member's monthly salary at time of termination of employment | 0022| with the last affiliated public employer; | 0023| (3) credited service will be determined as if | 0024| the employment by the government of the United States was | 0025| rendered the last affiliated public employer; and | 0001| (4) the employer contributions remitted by the | 0002| member shall be credited to the employer accumulation fund and | 0003| shall not be paid out of the association in the event of | 0004| subsequent cessation of membership." | 0005| Section 5. Section 10-11-7 NMSA 1978 (being Laws 1987, | 0006| Chapter 253, Section 7, as amended) is amended to read: | 0007| "10-11-7. CREDITED SERVICE--PURCHASE OF SERVICE.-- | 0008| A. A member who entered ~~[an armed]~~ a uniformed | 0009| service of the United States may purchase ~~[credited]~~ service | 0010| credit for periods of active duty in the uniformed | 0011| services, subject to the following conditions: | 0012| (1) the member pays the association the | 0013| purchase cost determined according to Subsection D of this | 0014| section; | 0015| (2) the member has five or more years of | 0016| ~~[credited]~~ service credit acquired as a result of personal | 0017| service rendered in the employ of an affiliated public | 0018| employer; | 0019| (3) the aggregate amount of ~~[credited]~~ | 0020| service credit purchased under this subsection does not | 0021| exceed five years reduced by any period of ~~[credited]~~ service | 0022| credit acquired for military service under any other | 0023| provision of the Public Employees Retirement Act; ~~[and]~~ | 0024| (4) ~~[credited]~~ service credit may not be | 0025| purchased for periods of ~~[active duty]~~ service in the | 0001| uniformed services that are used to obtain or increase a | 0002| benefit from another retirement program; and | 0003| (5) the member must not have received a | 0004| discharge or separation from uniformed service under other than | 0005| honorable conditions. | 0006| B. A member who was employed by a utility company, | 0007| library, museum, transit company or by a nonprofit organization | 0008| administering federally funded public service programs, which | 0009| utility company, library, museum, transit company or nonprofit | 0010| organization administering federally funded public service | 0011| programs or federally funded public service programs | 0012| administered by a nonprofit organization are subsequently taken | 0013| over by an affiliated public employer, or a member who was | 0014| employed by an entity created pursuant to a joint powers | 0015| agreement between two or more affiliated public employers for | 0016| the purpose of administering or providing drug or alcohol | 0017| addiction treatment services irrespective of whether the entity | 0018| is subsequently taken over by an affiliated public employer, | 0019| may purchase credited service for the period of employment | 0020| subject to the following conditions: | 0021| (1) the member pays the association the | 0022| purchase cost determined according to Subsection D of this | 0023| section; | 0024| (2) the member has five or more years of | 0025| credited service acquired as a result of personal service | 0001| rendered in the employ of an affiliated public employer; and | 0002| (3) the aggregate amount of credited service | 0003| purchased under this subsection does not exceed five years. | 0004| C. A member who was appointed to participate in a | 0005| cooperative work study training program established jointly by | 0006| the state highway and transportation department and the | 0007| university of New Mexico or New Mexico state university may | 0008| purchase credited service for the period of participation | 0009| subject to the following conditions: | 0010| (1) the member pays the association the | 0011| purchase cost determined according to Subsection D of this | 0012| section; | 0013| (2) the member has five or more years of | 0014| credited service acquired as a result of personal service | 0015| rendered in the employ of an affiliated public employer; and | 0016| (3) the aggregate amount of credited service | 0017| purchased under this subsection does not exceed five years. | 0018| D. Except for service to be used under a state | 0019| legislator coverage plan, the purchase cost for each month of | 0020| credited service purchased under the provisions of this section | 0021| is equal to the member's final average salary multiplied by the | 0022| sum of the member contribution rate and employer contribution | 0023| rate, determined in accordance with the coverage plan | 0024| applicable to the member at the time of the written election to | 0025| purchase. The purchase cost for each year of credited service | 0001| to be used under a state legislator coverage plan is equal to | 0002| the sum of the member contribution and an employer contribution | 0003| of ten times the annual amount of pension per year of credited | 0004| service under the state legislator coverage plan applicable to | 0005| the member. Full payment shall be made in a single lump sum | 0006| within sixty days of the date the member is informed of the | 0007| amount of the payment. The portion of the purchase cost | 0008| derived from the employer contribution rate shall be credited | 0009| to the employer accumulation fund and shall not be paid out of | 0010| the association in the event of cessation of membership. In no | 0011| case shall any member be credited with a month of service for | 0012| less than the purchase cost as defined in this section. | 0013| E. A member shall be refunded, upon written request | 0014| filed with the association, the portion of the purchase cost of | 0015| credited service purchased under this section that the | 0016| association determines to have been unnecessary to provide the | 0017| member with the maximum pension applicable to the member. The | 0018| association shall not pay interest on the portion of the | 0019| purchase cost refunded to the member. | 0020| F. A member of the magistrate retirement system who | 0021| during his service as a magistrate was eligible to become a | 0022| member of the public employees retirement system and elected | 0023| not to become a member of that system may ~~[upon the effective~~ | 0024| ~~date of this subsection]~~ purchase service credit under the | 0025| public employees retirement system for the period for which the | 0001| magistrate elected not to become a public employees retirement | 0002| system member, by paying the amount of the increase in the | 0003| actuarial present value of the magistrate pension as a | 0004| consequence of the purchase as determined by the association. | 0005| Full payment shall be made in a single lump-sum amount in | 0006| accordance with procedures established by the board. Except as | 0007| provided in Subsection E of this section, seventy-five percent | 0008| of the purchase cost shall be considered to be employer | 0009| contributions and shall not be refunded to the member in the | 0010| event of cessation of membership." | 0011| Section 6. Section 10-11-14.5 NMSA 1978 (being Laws 1993, | 0012| Chapter 160, Section 4) is amended to read: | 0013| "10-11-14.5. DEATH BEFORE RETIREMENT--SURVIVOR | 0014| PENSIONS.-- | 0015| A. A survivor pension ~~[shall]~~ may be paid to | 0016| certain persons related to or designated by a member who dies | 0017| before normal or disability retirement if a written application | 0018| for the pension, in the form prescribed by the association, is | 0019| filed with the association by the potential survivor | 0020| beneficiary or beneficiaries within one year of the death of | 0021| the member. Applications may be filed on behalf of the | 0022| potential survivor beneficiary or by a person legally | 0023| authorized to represent them. | 0024| B. If there is no designated survivor beneficiary | 0025| and the retirement board finds the death to have been the | 0001| natural and proximate result of causes arising solely and | 0002| exclusively out of and in the course of the member's | 0003| performance of duty with an affiliated public employer, a | 0004| survivor pension shall be payable to the eligible surviving | 0005| spouse. The amount of the survivor pension shall be the | 0006| greater of: | 0007| (1) ~~[eighty percent of the amount of pension~~ | 0008| ~~calculated in the same manner as a normal retirement pension~~ | 0009| ~~under form of payment A]~~ the amount as calculated under the | 0010| coverage plan applicable to the deceased member at the time of | 0011| death as though the deceased member had retired the day | 0012| preceding death under form of payment B using the actual | 0013| amount of service credit attributable to the deceased member at | 0014| the time of death; or | 0015| (2) fifty percent of the deceased member's | 0016| final average salary. | 0017| C. A survivor pension shall also be payable to | 0018| eligible surviving children if there is no designated survivor | 0019| beneficiary and the retirement board finds the death to have | 0020| been the natural and proximate result of causes arising solely | 0021| and exclusively out of and in the course of the member's | 0022| performance of duty with an affiliated public employer. The | 0023| total amount of survivor pension payable for all eligible | 0024| surviving children shall be either: | 0025| (1) fifty percent of the deceased member's | 0001| final average salary if an eligible surviving spouse is not | 0002| paid a pension; or | 0003| (2) twenty-five percent of the deceased | 0004| member's final average salary if an eligible surviving spouse | 0005| is paid a pension. | 0006| The total amount of survivor pension shall be divided | 0007| equally ~~[between]~~ among all eligible surviving children. | 0008| If there is only one eligible child, the amount of pension | 0009| shall be twenty-five percent of the deceased member's final | 0010| average salary. | 0011| D. If the member had five or more years of service | 0012| credit, but the retirement board did not find the death to have | 0013| been the natural and proximate result of causes arising solely | 0014| and exclusively out of and in the course of the member's | 0015| performance of duty with an affiliated public employer and | 0016| there is no designated survivor beneficiary, a survivor | 0017| pension shall be payable to the eligible surviving spouse. The | 0018| amount of the survivor pension shall be the greater of: | 0019| (1) ~~[eighty percent of the amount of pension~~ | 0020| ~~calculated in the same manner as a normal retirement pension~~ | 0021| ~~under form of payment A]~~ the amount as calculated under the | 0022| coverage plan applicable to the deceased member at the time of | 0023| death as though the deceased member had retired the day | 0024| preceding death under form of payment B using the total amount | 0025| of actual service credit attributable to the deceased member at | 0001| the time of death; or | 0002| (2) thirty percent of the deceased member's | 0003| final average salary. | 0004| E. If the member had five or more years of service | 0005| credit, but the retirement board did not find the death to have | 0006| been the natural and proximate result of causes arising solely | 0007| and exclusively out of and in the course of the member's | 0008| performance of duty with an affiliated public employer and | 0009| there is no designated survivor beneficiary, and if there is | 0010| ~~[not an]~~ no eligible surviving spouse ~~[or the eligible~~ | 0011| ~~surviving spouse subsequently dies]~~ at the time of death, a | 0012| survivor pension shall be payable to and divided equally | 0013| ~~[between]~~ among all eligible surviving children, if any. | 0014| The total amount of survivor pension payable for all eligible | 0015| surviving children shall be the greater of: | 0016| (1) ~~[fifty percent of an amount calculated in~~ | 0017| ~~the same manner as a normal retirement pension under form of~~ | 0018| ~~payment A]~~ the amount as calculated under the coverage plan | 0019| applicable to the deceased member at the time of death as | 0020| though the deceased member had retired the day preceding death | 0021| under form of payment B with the oldest eligible surviving | 0022| child as the survivor beneficiary using the total amount of | 0023| actual service credit attributable to the deceased member at | 0024| the time of death; or | 0025| (2) ~~[twenty-five]~~ thirty percent of the | 0001| deceased member's final average salary. | 0002| F. An eligible surviving spouse is the spouse to | 0003| whom the deceased member was married at the time of death. An | 0004| eligible surviving child is a child under the age of eighteen | 0005| years and who is an unmarried, natural or adopted child of the | 0006| deceased member. | 0007| G. An eligible surviving spouse's pension shall | 0008| terminate upon death. An eligible surviving child's pension | 0009| shall terminate upon death or marriage or reaching age eighteen | 0010| years, whichever comes first. | 0011| H. If there is no designated survivor beneficiary | 0012| and there is no eligible surviving child, the eligible | 0013| surviving spouse may elect to be refunded the deceased member's | 0014| accumulated member contributions instead of receiving a | 0015| survivor pension. | 0016| I. A member ~~[who has five or more years of service~~ | 0017| ~~credit]~~ may designate ~~[one or more survivor beneficiaries]~~ | 0018| a survivor beneficiary to receive a pre-retirement survivor | 0019| pension, subject to the following conditions: | 0020| (1) a written designation, in the form | 0021| prescribed by the association, is filed by the member with the | 0022| association; | 0023| (2) if the member is married at the time of | 0024| designation, the designation shall only be made with the | 0025| consent of the member's spouse, in the form prescribed by the | 0001| association; | 0002| (3) if the member is married subsequent to the | 0003| time of designation, any prior designations shall automatically | 0004| be revoked upon the date of the marriage; | 0005| (4) if the member is divorced subsequent to | 0006| the time of designation, any prior designation of the former | 0007| spouse as survivor beneficiary shall automatically be revoked | 0008| upon the date of divorce; and | 0009| (5) a designation of survivor beneficiary may | 0010| be changed, with the member's spouse's consent if the member is | 0011| married, by the member at any time prior to the member's death. | 0012| ~~[(6) if more than one survivor beneficiary is~~ | 0013| ~~designated, only those designated survivor beneficiaries who~~ | 0014| ~~are under the age of twenty-five years at the time of the~~ | 0015| ~~deceased member's death shall be eligible to receive a survivor~~ | 0016| ~~pension;~~ | 0017| ~~(7) each designated survivor beneficiary who~~ | 0018| ~~is under the age of twenty-five years shall be paid a pension~~ | 0019| ~~until reaching the age of twenty-five years or until death~~ | 0020| ~~before the age of twenty-five years;~~ | 0021| ~~(8) if there is more than one designated~~ | 0022| ~~survivor beneficiary, the amount of pension to be paid each~~ | 0023| ~~designated survivor beneficiary for a month is equal to the~~ | 0024| ~~amount as calculated under the coverage plan applicable to the~~ | 0025| ~~deceased member at the time of death as though the deceased~~ | 0001| ~~member had retired the day preceding death under form of~~ | 0002| ~~payment B with the oldest designated survivor beneficiary as~~ | 0003| ~~the survivor beneficiary, divided by the number of designated~~ | 0004| ~~survivor beneficiaries who will be paid for the month; and~~ | 0005| ~~(9) if there is only one designated survivor~~ | 0006| ~~beneficiary, the amount of pension shall be calculated under~~ | 0007| ~~the coverage plan applicable to the member at the time of death~~ | 0008| ~~as though the deceased member had retired the day preceding~~ | 0009| ~~death under form of payment B with the designated survivor~~ | 0010| ~~beneficiary as survivor beneficiary.~~ | 0011| ~~J. A member who has less than five years of service~~ | 0012| ~~credit may designate one or more survivor beneficiaries to~~ | 0013| ~~receive a survivor pension if the member dies prior to the~~ | 0014| ~~retirement and the retirement board finds the member's death to~~ | 0015| ~~be the natural and proximate result of causes arising solely~~ | 0016| ~~and exclusively out of and in the course of the member's~~ | 0017| ~~performance of duty with an affiliated public employer. If~~ | 0018| ~~more than one survivor beneficiary is designated, the survivor~~ | 0019| ~~pension shall be calculated according to the provisions of~~ | 0020| ~~Subsection C of this section, subject to the same conditions~~ | 0021| ~~listed in Subsection I of this section. If one survivor~~ | 0022| ~~beneficiary is designated, the survivor pension shall be~~ | 0023| ~~calculated according to the provisions of Subsection B of this~~ | 0024| ~~section, subject to the same conditions listed in Paragraphs~~ | 0025| ~~(1) through (5) of Subsection I of this section.~~ | 0001| ~~K. Designation of one or more survivor~~ | 0002| ~~beneficiaries pursuant to the provisions of Subsection I or J~~ | 0003| ~~of this section shall preclude payment of a survivor~~ | 0004| ~~beneficiary pursuant to the provisions of Subsections B through~~ | 0005| ~~E of this section.]~~ | 0006| J. If there is a designated survivor beneficiary | 0007| and the retirement board finds the death to have been the | 0008| natural and proximate result of causes arising solely and | 0009| exclusively out of and in the course of the member's | 0010| performance of duty with an affiliated public employer, a | 0011| survivor pension shall be payable to the designated survivor | 0012| beneficiary. The amount of the survivor pension shall be the | 0013| greater of: | 0014| (1) the amount as calculated under the | 0015| coverage plan applicable to the deceased member at the time of | 0016| death as though the deceased member had retired the day | 0017| preceding death under form of payment B using the actual amount | 0018| of service credit attributable to the member at the time of | 0019| death; or | 0020| (2) fifty percent of the deceased member's | 0021| final average salary. | 0022| K. If there is a designated survivor beneficiary, | 0023| if the member had five or more years of service credit and if | 0024| the retirement board did not find the death to have been the | 0025| natural and proximate result of causes arising solely and | 0001| exclusively out of and in the course of the member's | 0002| performance of duty with an affiliated public employer, a | 0003| survivor pension shall be payable to the designated survivor | 0004| beneficiary. The amount of the survivor pension shall be the | 0005| greater of: | 0006| (1) the amount as calculated under the | 0007| coverage plan applicable to the deceased member at the time of | 0008| death as though the deceased member had retired the day | 0009| preceding death under form of payment B using the actual amount | 0010| of service credit attributable to the member at the time of | 0011| death; or | 0012| (2) thirty percent of the deceased member's | 0013| final average salary. | 0014| L. If all pension payments permanently terminate | 0015| before there is paid an aggregate amount equal to the deceased | 0016| member's accumulated member contributions at time of death, the | 0017| difference between the amount of accumulated member | 0018| contributions and the aggregate amount of pension paid shall be | 0019| paid to the deceased member's refund beneficiary. If no refund | 0020| beneficiary survives the survivor beneficiary, the difference | 0021| shall be paid to the estate of the deceased member." | 0022| Section 7. Section 10-11-117 NMSA 1978 (being Laws 1987, | 0023| Chapter 253, Section 117, as amended) is amended to read: | 0024| "10-11-117. FORMS OF PAYMENT OF A PENSION.-- | 0025| A. Straight life pension is form of payment A. The | 0001| retired member is paid the pension for life under form of | 0002| payment A. All payments stop upon the death of the retired | 0003| member, except as provided by Subsection E of this section. | 0004| The amount of pension is determined in accordance with the | 0005| coverage plan applicable to the retired member. | 0006| B. Life payments with full continuation to one | 0007| survivor beneficiary is form of payment B. The retired member | 0008| is paid a reduced pension for life under form of payment B. | 0009| When the retired member dies, the designated survivor | 0010| beneficiary is paid the full amount of the reduced pension | 0011| until death. ~~[If the designated survivor beneficiary~~ | 0012| ~~predeceases the retired member]~~ Upon the association's | 0013| receipt of proof of death of the designated survivor | 0014| beneficiary, the amount of pension shall be changed to the | 0015| amount that would have been payable had the retired member | 0016| elected form of payment A. | 0017| C. Life payment with one-half continuation to one | 0018| survivor beneficiary is form of payment C. The retired member | 0019| is paid a reduced pension for life under form of payment C. | 0020| When the retired member dies, the designated survivor | 0021| beneficiary is paid one-half the amount of the reduced pension | 0022| until death. If the designated survivor beneficiary | 0023| predeceases the retired member, the amount of pension shall be | 0024| changed to the amount that would have been payable had the | 0025| retired member elected form of payment A. | 0001| D. Life payments with temporary survivor benefits | 0002| for children is form of payment D. The retired member is paid | 0003| a reduced pension for life under form of payment D. When the | 0004| retired member dies, each declared eligible child is paid a | 0005| share of the reduced pension until death or age twenty-five | 0006| years, whichever occurs first. The share is the share | 0007| specified in writing and filed with the association by the | 0008| retired member. If shares are not specified in writing and | 0009| filed with the association, each declared eligible child is | 0010| paid an equal share of the reduced pension. A redetermination | 0011| of shares shall be made when the pension of any child | 0012| terminates. An eligible child is a natural or adopted child of | 0013| the retired member who is under age twenty-five years. A | 0014| declared eligible child is an eligible child whose name has | 0015| been declared in writing and filed with the association by the | 0016| retired member at the time of election of form of payment D. | 0017| The amount of pension shall be changed to the amount of pension | 0018| that would have been payable had the retired member elected | 0019| form of payment A upon there ceasing to be a declared eligible | 0020| child during the lifetime of the retired member. | 0021| E. If all pension payments permanently terminate | 0022| before there is paid an aggregate amount equal to the retired | 0023| member's accumulated member contributions at the time of | 0024| retirement, the difference between the amount of accumulated | 0025| member contributions and the aggregate amount of pension paid | 0001| shall be paid to the retired member's refund beneficiary. If | 0002| no refund beneficiary survives the retired member, the | 0003| difference shall be paid to the estate of the retired member." | 0004| Section 8. Section 10-11-120 NMSA 1978 (being Laws 1987, | 0005| Chapter 253, Section 120) is amended to read: | 0006| "10-11-120. DENIAL OF BENEFIT CLAIM--APPEALS.-- | 0007| A. A benefit claimant shall be notified in writing | 0008| ~~[within thirty days]~~ of a denial of a claim for benefits | 0009| within thirty days of the denial. The notification shall | 0010| give the reason for the denial. A claimant may appeal the | 0011| denial and request a hearing. The appeal shall be in writing | 0012| filed with the association within ninety days of the denial. | 0013| The appeal shall contain a statement of the claimant's reason | 0014| for claiming the denial to be improper. The retirement board | 0015| shall schedule a de novo hearing of the appeal before the | 0016| retirement board or, at the discretion of the retirement board, | 0017| a designated hearing officer or committee of the retirement | 0018| board, within sixty days of receipt of the appeal. A final | 0019| decision on the matter being appealed shall be made by the | 0020| retirement board. | 0021| B. Appeals from a final decision of the retirement | 0022| board shall be made to the first judicial district court and | 0023| initiated by filing a notice of appeal with the district court | 0024| within thirty days after the retirement board has issued its | 0025| final decision. The review of the district court shall be | 0001| restricted to the record made before the retirement board, and | 0002| the district court shall not permit the introduction of new | 0003| evidence on any of the issues presented before the retirement | 0004| board. The decision of the retirement board shall be upheld by | 0005| the district court unless the district court finds the decision | 0006| of the retirement board to be unlawful, arbitrary or capricious | 0007| or not supported by substantial evidence on the entire record | 0008| as submitted by the retirement board." | 0009| Section 9. Section 10-11-130 NMSA 1978 (being Laws 1987, | 0010| Chapter 253, Section 130, as amended) is amended to read: | 0011| "10-11-130. RETIREMENT BOARD--AUTHORITY--MEMBERSHIP.-- | 0012| A. The "retirement board" is hereby created and | 0013| shall be the trustee of the association and the funds created | 0014| by the state retirement system acts and shall have all the | 0015| powers necessary or convenient to carry out and effectuate the | 0016| purposes and provisions of the state retirement system acts, | 0017| including, in addition to any specific powers provided for in | 0018| the Public Employees Retirement Act but without limiting the | 0019| generality of the foregoing, the power: | 0020| (1) to administer the state retirement system | 0021| acts, including the management of the association and making | 0022| effective the provisions of those acts, as well as to | 0023| administer and manage any other employee benefit acts as | 0024| provided by law; | 0025| (2) in addition to utilizing services of the | 0001| attorney general and notwithstanding any other provision of | 0002| law, to employ or contract with and compensate competent | 0003| legal counsel to handle the legal matters and litigation of | 0004| the retirement board and the association and to give advice and | 0005| counsel in regard to any matter connected with the duties of | 0006| the retirement board; | 0007| (3) to administer oaths; | 0008| (4) to adopt and use a seal for authentication | 0009| of records, processes and proceedings; | 0010| (5) to create and maintain records relating to | 0011| all members, affiliated public employers and all activities and | 0012| duties required of the retirement board; | 0013| (6) to issue subpoenas and compel the | 0014| production of evidence and attendance of witnesses in | 0015| connection with any hearings or proceedings of the retirement | 0016| board; | 0017| (7) to make and execute contracts; | 0018| (8) to purchase, acquire or hold land adjacent | 0019| to the state capitol grounds or other suitable location and | 0020| build thereon a building to house the association and its | 0021| employees and, in the event additional office space is | 0022| available in the building after the retirement board and its | 0023| employees have been housed, to rent or lease the additional | 0024| space to any public agency or private person; provided that | 0025| first priority for the rental or leasing shall be to public | 0001| agencies and further provided that for the purpose of | 0002| purchasing, acquiring or holding the land and the building | 0003| thereon, the retirement board may use funds from the income | 0004| fund and any other funds controlled by the retirement board the | 0005| use of which for such purposes is not prohibited by law; | 0006| (9) to make and adopt such reasonable rules | 0007| and regulations as may be necessary or convenient to carry out | 0008| the duties of the retirement board and activities of the | 0009| association, including any rules and regulations necessary to | 0010| preserve the status of the association as a qualified pension | 0011| plan under the provisions of the Internal Revenue Code of 1986, | 0012| as amended, or under successor or related provisions of law; | 0013| and | 0014| (10) to designate committees and to designate | 0015| committee members, including individuals who may not be members | 0016| of the association. | 0017| B. The retirement board shall consist of: | 0018| (1) the secretary of state; | 0019| (2) the state treasurer; | 0020| (3) four members under a state coverage plan | 0021| to be elected by the members under state coverage plans; | 0022| (4) four members under a municipal coverage | 0023| plan to be elected by the members under municipal coverage | 0024| plans, provided one member shall be a municipal member employed | 0025| by a county; and | 0001| (5) two retired members to be elected by the | 0002| retired members of the association. | 0003| C. The results of elections of elected members of | 0004| the retirement board shall be ~~[held]~~ certified at the | 0005| ~~[time of the]~~ annual meeting of the association ~~[and]~~. | 0006| Elections shall be conducted according to rules and | 0007| regulations the retirement board shall from time to time adopt. | 0008| D. The regular term of office of the elected | 0009| members of the retirement board shall be four years. The term | 0010| of one retirement board member under a state coverage plan | 0011| shall expire annually on December 31. The terms of retirement | 0012| board members under a municipal coverage plan shall expire on | 0013| December 31 of noncoinciding years in the pattern set by the | 0014| retirement board. Members of the retirement board shall serve | 0015| until their successors have qualified. | 0016| E. A member elected to the retirement board who | 0017| fails to attend four consecutively scheduled meetings of the | 0018| retirement board, unless in each case excused for cause by the | 0019| retirement board members in attendance, shall be considered to | 0020| have resigned from the retirement board, and the retirement | 0021| board shall by resolution declare the office vacated as of the | 0022| date of adoption of the resolution. A vacancy occurring on the | 0023| retirement board, except in the case of an elected official, | 0024| shall be filled by the remaining retirement board members, | 0025| without requirement that a quorum be present ~~[until the next~~ | 0001| ~~election of the association, at which time a successor shall be~~ | 0002| ~~elected]~~. The member appointed to fill the vacancy shall | 0003| serve for the remainder of the vacated term. | 0004| F. Members of the retirement board shall serve | 0005| without additional salary for their services as retirement | 0006| board members, but they shall receive as their sole | 0007| remuneration for services as members of the retirement board | 0008| those amounts authorized under the Per Diem and Mileage Act. | 0009| G. The retirement board shall hold four regular | 0010| meetings each year and shall designate in advance the time and | 0011| place of the meetings. Special meetings and emergency meetings | 0012| of the retirement board may be held upon call of the chairman | 0013| or any three members of the retirement board. Written notice | 0014| of special meetings shall be sent to each member of the | 0015| retirement board at least seventy-two hours in advance of the | 0016| special meeting. Verbal notice of emergency meetings shall be | 0017| given to as many members as is feasible at least eight hours | 0018| before the emergency meeting, and the meeting shall commence | 0019| with a statement of the nature of the emergency. The | 0020| retirement board shall adopt its own rules of procedure and | 0021| shall keep a record of its proceedings. All meetings of the | 0022| retirement board shall comply with the Open Meetings Act. A | 0023| majority of retirement board members shall constitute a quorum. | 0024| Each attending member of the retirement board is entitled to | 0025| one vote on each question before the retirement board, and at | 0001| least a majority of a quorum shall be necessary for a decision | 0002| by the retirement board. | 0003| H. Annual meetings of the members of the | 0004| association shall be held in Santa Fe at such time and place as | 0005| the retirement board shall from time to time determine. | 0006| Special meetings of the members of the association shall be | 0007| held in Santa Fe upon call of any seven retirement board | 0008| members. The retirement board shall send a written notice to | 0009| the last known residence address of each member currently | 0010| employed by an affiliated public employer at least ten days | 0011| prior to any meeting of the members of the association. The | 0012| notice shall contain the call of the meeting and the principal | 0013| purpose of the meeting. All meetings of the association shall | 0014| be public and shall be conducted according to procedures the | 0015| retirement board shall from time to time adopt. The retirement | 0016| board shall keep a record of the proceedings of each meeting of | 0017| the association. | 0018| I. Neither the retirement board nor the | 0019| association shall allow public inspection of, or disclosure of, | 0020| information from any member or retiree file unless a prior | 0021| release and consent, in the form prescribed by the association, | 0022| has been executed by the member or retiree; except that | 0023| applicable coverage plans, amounts of retirement plan | 0024| contributions made by members and affiliated public employers, | 0025| pension amounts paid, and the names and addresses of public | 0001| employees retirement association members or retirees requested | 0002| for election purposes by candidates for election to the | 0003| retirement board may be produced or disclosed without release | 0004| or consent." | 0005| Section 10. Section 10-11-131 NMSA 1978 (being Laws 1987, | 0006| Chapter 253, Section 131) is amended to read: | 0007| "10-11-131. RETIREMENT BOARD--OFFICERS--EMPLOYMENT OF | 0008| SERVICES.-- | 0009| A. The retirement board shall elect from its own | 0010| number a chairman and a vice chairman. | 0011| B. The retirement board shall appoint an executive | 0012| ~~[secretary]~~ director who shall be the chief administrative | 0013| officer for the retirement board and the association. | 0014| C. The retirement board shall employ professional, | 0015| technical, clerical and other services as required for the | 0016| operation of the association. The compensation for employed | 0017| services shall be fixed by the retirement board. | 0018| D. The state treasurer shall be the treasurer of | 0019| the association and the custodian of its funds. The | 0020| treasurer's general bond to the state shall cover all liability | 0021| for acts as treasurer of the association. The treasurer shall | 0022| credit all receipts of money and assets of the association to | 0023| the association. The treasurer shall make disbursements from | 0024| association assets only upon warrants issued by the secretary | 0025| of finance and administration ~~[based upon vouchers signed by~~ | 0001| ~~the executive secretary or vouchers signed by the state~~ | 0002| ~~treasurer for purposes of investment]~~ or the executive | 0003| director." | 0004| Section 11. Section 10-11-132 NMSA 1978 (being Laws 1987, | 0005| Chapter 253, Section 132, as amended) is amended to read: | 0006| "10-11-132. INVESTMENT OF FUNDS--TYPES OF INVESTMENTS-- | 0007| INDEMNIFICATION OF BOARD MEMBERS.--The funds created by the | 0008| state retirement system acts are trust funds of which the | 0009| retirement board is trustee. Members of the retirement board | 0010| jointly and individually shall be indemnified from the funds by | 0011| the state from all claims, demands, suits, actions, damages, | 0012| judgments, costs, charges and expenses, including court costs | 0013| and ~~[attorneys']~~ attorney fees, and against all liability | 0014| losses and damages of any nature whatsoever that members shall | 0015| or may at any time sustain by reason of any decision made in | 0016| the performance of their duties pursuant to the state | 0017| retirement system acts. The retirement board may invest and | 0018| reinvest the funds in the following classes of securities and | 0019| investments: | 0020| A. bonds, notes or other obligations of the United | 0021| States treasury or those guaranteed by or for which the credit | 0022| of the United States government is pledged for the payment of | 0023| the principal and interest; | 0024| B. bonds, notes or other obligations of a | 0025| municipality or other political subdivision of this state that | 0001| are registered by the United States securities and exchange | 0002| commission, are publicly traded and are issued pursuant to a | 0003| law of this state if the issuer, within ten years prior to | 0004| making the investment, has not been in default in payment of | 0005| any part of the principal or interest on any debt evidenced by | 0006| its bonds, notes or other obligations. If any bonds are | 0007| municipal or county utility revenue bonds or utility district | 0008| revenue bonds, the revenues of the utility, except for | 0009| operation and maintenance expenses, shall be pledged wholly to | 0010| the payment of the interest and principal of the indebtedness | 0011| and the utility project shall have been completely | 0012| self-supporting for a period of five years next preceding the | 0013| date of investment; | 0014| C. stocks, bonds, debentures or other obligations | 0015| issued by any agency or corporation of the United States | 0016| government under the authority of acts of the United States | 0017| congress; | 0018| D. collateralized obligations held in trust that: | 0019| (1) are publicly traded and are registered | 0020| with the United States securities and exchange commission; and | 0021| (2) have underlying collateral that is either | 0022| an obligation of the United States government or else ~~[have]~~ | 0023| has a credit rating above or equal to BBB according to the | 0024| Standard and Poor's rating system or Baa according to the | 0025| Moody's investors rating system; | 0001| E. bonds, notes, commercial paper or other | 0002| obligations of any corporation organized and operating within | 0003| the United States or preferred stock, common stock, any | 0004| security convertible to common stock or American depository | 0005| receipts that are registered by the United States securities | 0006| and exchange commission of any corporations whose securities | 0007| are listed on at least one stock exchange that has been | 0008| approved by or is controlled by the United States securities | 0009| and exchange commission or on the national association of | 0010| securities dealers national market; provided that the | 0011| corporations shall have minimum net assets of twenty-five | 0012| million dollars ($25,000,000); or provided that the securities | 0013| shall have a minimum credit rating of BBB according to the | 0014| Standard and Poor's rating system or Baa according to the | 0015| Moody's investors rating system or their equivalents; provided | 0016| that the funds for which the retirement board is trustee shall | 0017| not at any one time own more than ten percent of the voting | 0018| stock of a company; | 0019| ~~[F. securities of non-United States governmental,~~ | 0020| ~~quasi-governmental or corporate entities; provided:~~ | 0021| ~~(1) aggregate non-United States investments~~ | 0022| ~~shall not exceed ten percent of total assets of the funds;~~ | 0023| ~~(2) for non-United States stocks, issues~~ | 0024| ~~permitted for purchase shall be limited to those issues~~ | 0025| ~~included in a commonly used and internationally recognized~~ | 0001| ~~index;~~ | 0002| ~~(3) for non-United States bonds and notes,~~ | 0003| ~~issues permitted for investment shall be limited to sovereign~~ | 0004| ~~debt issued by those governmental or quasi-governmental~~ | 0005| ~~entities whose issues are included in a commonly used and~~ | 0006| ~~internationally recognized index; and~~ | 0007| ~~(4) forward currency contracts shall be~~ | 0008| ~~permitted solely for use of hedging foreign currency~~ | 0009| ~~exposure;]~~ F. obligations of non-United States | 0010| governmental or quasi-governmental entities, and these may be | 0011| denominated in foreign currencies; obligations, including but | 0012| not limited to bonds, notes or commercial paper of any | 0013| corporation organized outside of the United States, and these | 0014| may be denominated in foreign currencies; or preferred stock or | 0015| common stock of any corporation organized outside of the United | 0016| States whose securities are listed on at least one national or | 0017| foreign stock exchange or are traded in an over-the-counter | 0018| market, and these may be denominated in foreign currencies. | 0019| Currency transactions, including spot or cash basis currency | 0020| transactions, forward contracts and buying or selling options | 0021| or futures on foreign currencies, shall be permitted but only | 0022| for the purposes of hedging foreign currency risk and not for | 0023| speculation; | 0024| G. stocks or shares of a diversified investment | 0025| company registered under the federal Investment Company Act of | 0001| 1940 ~~[which invests primarily in United States or non-United~~ | 0002| ~~States fixed income securities, equity securities or short-term~~ | 0003| ~~debt instruments pursuant to Subsections A, B, C, E and F of~~ | 0004| ~~this section]~~, provided that the investment company has total | 0005| assets under management of at least one hundred million dollars | 0006| ($100,000,000); individual, common or collective trust funds of | 0007| banks or trust companies ~~[which invest primarily in United~~ | 0008| ~~States or non-United States fixed income securities, equity~~ | 0009| ~~securities or short-term debt instruments pursuant to~~ | 0010| ~~Subsections A, B, C, E and F of this section]~~, provided that | 0011| the investment manager has assets under management of at least | 0012| one hundred million dollars ($100,000,000); provided that the | 0013| board may allow reasonable administrative and investment | 0014| expenses to be paid directly from the income or assets of these | 0015| investments; | 0016| ~~[H. insured savings deposits or insured savings~~ | 0017| ~~accounts of banks or savings and loan associations domiciled in~~ | 0018| ~~this state, the deposits and accounts of which are insured by~~ | 0019| ~~an agency or corporation of the United States government;~~ | 0020| ~~I. industrial revenue bonds issued pursuant to the~~ | 0021| ~~Industrial Revenue Bond Act where both the principal and~~ | 0022| ~~interest of the bonds are fully and unconditionally guaranteed~~ | 0023| ~~by a lease agreement executed by a corporation organized and~~ | 0024| ~~operating within the United States; provided that none of the~~ | 0025| ~~funds for which the retirement board is trustee shall at any~~ | 0001| ~~one time be invested in more than ten percent of the voting~~ | 0002| ~~stock of a single corporation, and:~~ | 0003| ~~(1) each corporation shall have minimum~~ | 0004| ~~net assets of twenty-five million dollars ($25,000,000); and~~ | 0005| ~~(2) the securities of each corporation~~ | 0006| ~~shall have a minimum credit rating of BBB according to the~~ | 0007| ~~Standard and Poor's rating system or Baa according to the~~ | 0008| ~~Moody's investors rating system;~~ | 0009| ~~J. notes or obligations securing loans to New~~ | 0010| ~~Mexico businesses made by banks and savings and loan~~ | 0011| ~~associations pursuant to the act of congress of July 30, 1953,~~ | 0012| ~~known as the Small Business Act of 1953, as amended, only to~~ | 0013| ~~the extent that both principal and interest are guaranteed by~~ | 0014| ~~the United States government. The applicant bank or savings~~ | 0015| ~~and loan association shall be required to enter into an~~ | 0016| ~~indemnity agreement that meets the approval of the retirement~~ | 0017| ~~board and to pay off the investments, together with interest~~ | 0018| ~~and any unpaid costs and expenses in connection therewith, in~~ | 0019| ~~the event the United States government refuses to honor its~~ | 0020| ~~guarantee. The retirement board may enter into conventional~~ | 0021| ~~agreements for the servicing of the loans and the~~ | 0022| ~~administration of the receipts therefrom. Any servicing~~ | 0023| ~~agreement may contain such reasonable and customary provisions~~ | 0024| ~~as the retirement board may deem advisable and as may be agreed~~ | 0025| ~~upon;~~ | 0001| ~~K. notes or obligations securing loans or~~ | 0002| ~~participation in loans to business concerns or other~~ | 0003| ~~organizations that are obligated to use the loan proceeds~~ | 0004| ~~within New Mexico, to the extent the loans are secured by first~~ | 0005| ~~mortgages on real estate located in New Mexico and are further~~ | 0006| ~~secured by an assignment of rentals, the payment of which is~~ | 0007| ~~fully guaranteed by the United States government in an amount~~ | 0008| ~~sufficient to pay all principal and interest of the mortgages;~~ | 0009| ~~L.]~~ H. contracts, including contracts through | 0010| its designated agent, for the temporary exchange of securities | 0011| for the use by broker-dealers, banks or other recognized | 0012| institutional investors, for periods not to exceed one year, | 0013| for a specified fee or consideration; provided no such | 0014| contracts shall be entered into unless the contracts are fully | 0015| secured by a collateralized, irrevocable letter of credit | 0016| running to the retirement board, cash or equivalent collateral | 0017| of at least one hundred two percent of the market value of the | 0018| securities plus accrued interest temporarily exchanged, which | 0019| collateral shall be delivered to the state fiscal agent or its | 0020| designee contemporaneously with the transfer of funds or | 0021| delivery of the securities; and further provided that such | 0022| contracts may authorize the retirement board to invest cash | 0023| collateral in instruments or securities that are authorized | 0024| investments for the funds and may authorize payment of a fee | 0025| from the funds or from income generated by the investment of | 0001| cash collateral to the borrower of securities providing cash as | 0002| collateral, and the retirement board may apportion income | 0003| derived from the investment of cash collateral to pay its agent | 0004| in securities lending transactions; and | 0005| ~~[M.]~~ I. contracts for the present purchase and | 0006| resale at a specified time in the future, not to exceed one | 0007| year, of specific securities at specified prices at a price | 0008| differential representing the interest income to be earned by | 0009| the retirement board. No such contract shall be entered into | 0010| unless the contract is fully secured by obligations of the | 0011| United States, or other securities backed by the United States, | 0012| having a market value of at least one hundred two percent of | 0013| the amount of the contract. The collateral required in this | 0014| section shall be delivered to the state fiscal agent or his | 0015| designee contemporaneously with the transfer of funds or | 0016| delivery of the securities, at the earliest time industry | 0017| practice permits, but in all cases settlement shall be on a | 0018| same day basis. No such contract shall be entered into unless | 0019| the contracting bank, brokerage firm or recognized | 0020| institutional investor has a net worth in excess of five | 0021| hundred million dollars ($500,000,000)." | 0022| Section 12. Section 10-12B-5 NMSA 1978 (being Laws 1992, | 0023| Chapter 111, Section 5) is amended to read: | 0024| "10-12B-5. SERVICE CREDIT--REINSTATEMENT OF FORFEITED | 0025| SERVICE--PRIOR SERVICE--MILITARY SERVICE.-- | 0001| A. Personal service rendered by a member shall be | 0002| credited to the member's service credit account in accordance | 0003| with board rules and regulations. Service shall be credited to | 0004| the nearest month. In no case shall any member be credited | 0005| with a year of service for less than twelve months of service | 0006| in any calendar year or more than a month of service for all | 0007| service in any calendar month or more than a year of service | 0008| for all service in any calendar year. | 0009| B. Service credit shall be forfeited if a member | 0010| leaves office and withdraws the member's accumulated member | 0011| contributions. A member or former member who is a member of a | 0012| state system or the educational retirement system who has | 0013| forfeited service credit by withdrawal of member contributions | 0014| may reinstate the forfeited service credit by repaying the | 0015| amount withdrawn plus compound interest from the date of | 0016| withdrawal to the date of repayment at a rate set by the board. | 0017| Withdrawn member contributions may be repaid in increments of | 0018| one year in accordance with procedures established by the | 0019| board. Full payment of each one-year increment shall be made | 0020| in a single lump-sum amount in accordance with procedures | 0021| established by the board. | 0022| C. Service credit that a member would have earned | 0023| if the member had not elected to be excluded from membership | 0024| may be purchased if the member pays the purchase cost | 0025| determined pursuant to the provisions of Subsection F of this | 0001| section. | 0002| D. A member who during a term of office enters ~~[an~~ | 0003| ~~armed]~~ a uniformed service of the United States shall be | 0004| given service credit for periods of ~~[active duty]~~ service in | 0005| the uniformed services subject to the following conditions: | 0006| (1) the member returns to office within ninety | 0007| days following termination of the period of ~~[active duty]~~ | 0008| intervening service in the uniformed services or the | 0009| affiliated employer certifies in writing to the association | 0010| that the member is entitled to reemployment rights under the | 0011| Uniformed Services Employment and Reemployment Rights Act of | 0012| 1994; | 0013| (2) the member ~~[reinstates any forfeited~~ | 0014| ~~service credit]~~ retains membership in the association during | 0015| the period of service in the uniformed services; | 0016| (3) free service credit shall not be given | 0017| for periods of ~~[active duty]~~ intervening service in the | 0018| uniformed services following voluntary reenlistment. Service | 0019| credit for such periods shall only be given after the member | 0020| pays the association the sum of the contributions that the | 0021| person would have been required to contribute had the person | 0022| remained continuously employed throughout the period of | 0023| intervening service following voluntary reenlistment, which | 0024| payment shall be made during the period beginning with the date | 0025| of reemployment and whose duration is three times the period of | 0001| the person's intervening service in the uniformed services | 0002| following voluntary reenlistment, not to exceed five years; | 0003| ~~[and]~~ | 0004| (4) service credit shall not be given for | 0005| periods of ~~[active duty]~~ intervening service in the | 0006| uniformed services that are used to obtain or increase a | 0007| benefit from another state system or the ~~[educational~~ | 0008| ~~retirement system]~~ retirement program provided under the | 0009| Educational Retirement Act; and | 0010| (5) the member must not have received a | 0011| discharge or separation from uniformed service under other than | 0012| honorable conditions. | 0013| Notwithstanding any provision of this plan to the | 0014| contrary, contributions, benefits and service credit with | 0015| respect to qualified military service will be provided in | 0016| accordance with Section 4l4(u) of the Internal Revenue Code of | 0017| 1986, as amended. | 0018| E. A member who entered ~~[an armed]~~ uniformed | 0019| service of the United States may purchase service credit for | 0020| periods of active duty in the uniformed services, subject to | 0021| the following conditions: | 0022| (1) the member pays the purchase cost | 0023| determined pursuant to the provisions of Subsection F of this | 0024| section; | 0025| (2) the member has five or more years of | 0001| service credit accrued according to the provisions of the | 0002| Judicial Retirement Act; | 0003| (3) the aggregate amount of service credit | 0004| purchased pursuant to the provisions of this subsection does | 0005| not exceed five years, reduced by any period of service credit | 0006| acquired for military service under any other provision of the | 0007| Judicial Retirement Act; ~~[and]~~ | 0008| (4) service credit may not be purchased for | 0009| periods of ~~[active duty]~~ service in the uniformed services | 0010| that are used to obtain or increase a benefit from another | 0011| ~~[state system or the educational retirement system]~~ | 0012| retirement program; and | 0013| (5) the member must not have received a | 0014| discharge or separation from uniformed service under other than | 0015| honorable conditions. | 0016| F. The purchase cost for each year of service | 0017| credit purchased pursuant to the provisions of this section | 0018| shall be the increase in the actuarial present value of the | 0019| pension of the member under the Judicial Retirement Act as a | 0020| consequence of the purchase, as determined by the association. | 0021| Full payment shall be made in a single lump-sum amount in | 0022| accordance with procedures established by the board. Except as | 0023| provided in Subsection G of this section, seventy-five percent | 0024| of the purchase cost shall be considered to be employer | 0025| contributions and shall not be refunded to the member in the | 0001| event of cessation of membership. | 0002| G. A member shall be refunded, after retirement and | 0003| upon written request filed with the association, the portion of | 0004| the purchase cost of service credit purchased pursuant to the | 0005| provisions of this section that the association determines to | 0006| have been unnecessary to provide the member with the maximum | 0007| pension applicable to the member. The association shall not | 0008| pay interest on the portion of the purchase cost refunded to | 0009| the member." | 0010| Section 13. Section 10-12B-18 NMSA 1978 (being Laws 1995, | 0011| Chapter 115, Section 4) is amended to read: | 0012| "10-12B-18. ADJUSTMENT OF PENSION.-- | 0013| A. If payment of a pension or other retirement | 0014| benefit causes a decrease in the amount of monetary payments or | 0015| other needs-based benefits due to a payee from any other | 0016| governmental agency, the pension or other retirement benefit | 0017| shall be reduced for the period during which the pension or | 0018| other retirement benefit prevents payment of another | 0019| needs-based benefit to result in payment of the maximum amount | 0020| possible by the association and the other governmental agency | 0021| to the payee. Any amounts that would otherwise be paid out | 0022| that are not paid in accordance with the provisions of this | 0023| section shall not be recoverable by a payee at any later date. | 0024| B. If there is a change in the effect of pension or | 0025| other retirement benefit on any monetary payments or other | 0001| needs-based benefits due to a payee from any other governmental | 0002| agency, the pension or other retirement benefits shall be | 0003| adjusted to result in the maximum total benefit to the payee. | 0004| In no event shall any pension be increased in an amount greater | 0005| than that authorized by the Judicial Retirement Act. | 0006| C. The provisions of this section are mandatory and | 0007| shall not be waived or declined by a payee. Each payee shall | 0008| provide the association with all information necessary for the | 0009| association to carry out the requirements imposed by this | 0010| section. | 0011| D. If the payee fails to provide all the facts | 0012| necessary to comply with the requirements imposed by this | 0013| section, and payment of a pension or other retirement benefit | 0014| is made without making the adjustment required by this section, | 0015| neither the ~~[retirement]~~ board, the executive ~~[secretary]~~ | 0016| director nor any officer or employee of the association or | 0017| the ~~[retirement]~~ board shall be liable to any third party | 0018| because the adjustment was not made as required. | 0019| E. As used in this section: | 0020| (1) "pension" means a normal retirement, | 0021| survivor or disability retirement pension payable to a retired | 0022| member or survivor beneficiary pursuant to the Judicial | 0023| Retirement Act; | 0024| (2) "governmental agency" means the federal | 0025| government, any department or agency of the federal government, | 0001| any state and any department, agency or political subdivision | 0002| of a state; | 0003| (3) "total benefits" means pensions plus any | 0004| other monetary payments or other needs-based benefits due to | 0005| the payee from any governmental agency; | 0006| (4) "needs-based benefit" means monetary or | 0007| 3other benefits for which a determination of eligibility is | 0008| based upon the recipient's level of income and resources; and | 0009| (5) "payee" means a retired member or the | 0010| refund beneficiary or survivor beneficiary of a retired | 0011| member." | 0012| Section 14. Section 10-12B-19 NMSA 1978 (being Laws 1995, | 0013| Chapter 115, Section 5) is amended to read: | 0014| "10-12B-19. CORRECTIONS OF ERRORS AND OMISSIONS-- | 0015| ESTOPPEL.-- | 0016| A. If an error or omission ~~[in an application or~~ | 0017| ~~its supporting documents]~~ results in overpayment to a member | 0018| or beneficiary of a member, the association shall correct the | 0019| error or omission and adjust all future payments accordingly. | 0020| The association shall recover all overpayments made for a | 0021| period of up to one year prior to the date the error or | 0022| omission was discovered. | 0023| B. A person who is paid more than the amount that | 0024| is lawfully due him as a result of fraudulent information | 0025| provided by the member or beneficiary shall be liable for the | 0001| repayment of that amount to the association plus interest on | 0002| that amount at the rate set by the board plus all costs of | 0003| collection, including ~~[attorneys']~~ attorney fees if | 0004| necessary. Recovery of such overpayment shall extend back to | 0005| the date the first payment was made based on the fraudulent | 0006| information. | 0007| C. Statements of fact or law made by board members | 0008| or employees of the board or the association shall not estop | 0009| the board or the association from acting in accordance with the | 0010| applicable statutes." | 0011| Section 15. Section 10-12C-5 NMSA 1978 (being Laws 1992, | 0012| Chapter 118, Section 5) is amended to read: | 0013| "10-12C-5. SERVICE CREDIT--REINSTATEMENT OF FORFEITED | 0014| SERVICE--PRIOR SERVICE--MILITARY SERVICE.-- | 0015| A. Personal service rendered by a member shall be | 0016| credited to the member's service credit account in accordance | 0017| with board rules and regulations. Service shall be credited to | 0018| the nearest month. In no case shall any member be credited | 0019| with a year of service for less than twelve months of service | 0020| in any calendar year or more than a month of service for all | 0021| service in any calendar month or more than a year of service | 0022| for all service in any calendar year. | 0023| B. Service credit shall be forfeited if a member | 0024| leaves office and withdraws the member's accumulated member | 0025| contributions. A member or former member who is a member of | 0001| another state system or the educational retirement system who | 0002| has forfeited service credit by withdrawal of member | 0003| contributions may reinstate the forfeited service credit by | 0004| repaying the amount withdrawn plus compound interest from the | 0005| date of withdrawal to the date of repayment at a rate set by | 0006| the board. Withdrawn member contributions may be repaid in | 0007| increments of one year in accordance with procedures | 0008| established by the board. Full payment of each one-year | 0009| increment shall be made in a single lump-sum amount in | 0010| accordance with procedures established by the board. | 0011| C. Service credit that a member would have earned | 0012| if the member had not elected to be excluded from membership | 0013| may be purchased if the member pays the purchase cost | 0014| determined pursuant to the provisions of Subsection F of this | 0015| section. | 0016| D. A member who during a term of office enters ~~[an~~ | 0017| ~~armed]~~ a uniformed service of the United States shall be | 0018| given service credit for periods of ~~[active duty]~~ service in | 0019| the uniformed services subject to the following conditions: | 0020| (1) the member returns to office within ninety | 0021| days following termination of the period of ~~[active duty]~~ | 0022| intervening service in the uniformed services or the | 0023| affiliated employer certifies in writing to the association | 0024| that the member is entitled to reemployment rights under the | 0025| Uniformed Services Employment and Reemployment Rights Act of | 0001| 1994; | 0002| (2) the member ~~[reinstates any forfeited~~ | 0003| ~~service credit]~~ retains membership in the association during | 0004| the period of service in the uniformed services; | 0005| (3) free service credit shall not be given | 0006| for periods of ~~[active duty]~~ intervening service in the | 0007| uniformed services following voluntary reenlistment ~~[and]~~. | 0008| Service credit for such periods shall only be given after the | 0009| member pays the association the sum of the contributions that | 0010| the person would have been required to contribute had the | 0011| person remained continuously employed throughout the period of | 0012| intervening service following voluntary reenlistment, which | 0013| payment shall be made during the period beginning with the date | 0014| of reemployment and whose duration is three times the period of | 0015| the person's intervening service in the uniformed services | 0016| following voluntary reenlistment, not to exceed five years; | 0017| (4) service credit shall not be given for | 0018| periods of ~~[active duty]~~ intervening service in the | 0019| uniformed services that are used to obtain or increase a | 0020| benefit from another state system or the ~~[educational~~ | 0021| ~~retirement system]~~ retirement program provided under the | 0022| Educational Retirement Act; and | 0023| (5) the member must not have received a | 0024| discharge or separation from uniformed service under other than | 0025| honorable conditions. | 0001| Notwithstanding any provision of this plan to the | 0002| contrary, contributions, benefits and service credit with | 0003| respect to qualified military service will be provided in | 0004| accordance with Section 414(u) of the Internal Revenue Code of | 0005| 1986, as amended. | 0006| E. A member who entered ~~[an armed]~~ a uniformed | 0007| service of the United States may purchase service credit for | 0008| periods of active duty in the uniformed services, subject to | 0009| the following conditions: | 0010| (1) the member pays the purchase cost | 0011| determined pursuant to the provisions of Subsection F of this | 0012| section; | 0013| (2) the member has five or more years of | 0014| service credit accrued according to the provisions of the | 0015| Magistrate Retirement Act; | 0016| (3) the aggregate amount of service credit | 0017| purchased pursuant to the provisions of this subsection does | 0018| not exceed five years, reduced by any period of service credit | 0019| acquired for military service under any other provision of the | 0020| Magistrate Retirement Act; ~~[and]~~ | 0021| (4) service credit may not be purchased for | 0022| periods of ~~[active duty]~~ service in the uniformed services | 0023| that are used to obtain or increase a benefit from another | 0024| ~~[state system or the educational retirement system]~~ | 0025| retirement program; and | 0001| (5) the member must not have received a | 0002| discharge or separation from uniformed service under other | 0003| honorable conditions. | 0004| F. The purchase cost for each year of service | 0005| credit purchased pursuant to the provisions of this section | 0006| shall be the increase in the actuarial present value of the | 0007| pension of the member under the Magistrate Retirement Act as a | 0008| consequence of the purchase, as determined by the association. | 0009| Full payment shall be made in a single lump-sum amount in | 0010| accordance with procedures established by the board. Except as | 0011| provided in Subsection G of this section, seventy-five percent | 0012| of the purchase cost shall be considered to be employer | 0013| contributions and shall not be refunded to the member in the | 0014| event of cessation of membership. | 0015| G. A member shall be refunded, after retirement and | 0016| upon written request filed with the association, the portion of | 0017| the purchase cost of service credit purchased pursuant to the | 0018| provisions of this section that the association determines to | 0019| have been unnecessary to provide the member with the maximum | 0020| pension applicable to the member. The association shall not | 0021| pay interest on the portion of the purchase cost refunded to | 0022| the member." | 0023| Section 16. Section 10-12C-17 NMSA 1978 (being Laws 1995, | 0024| Chapter 115, Section 9) is amended to read: | 0025| "10-12C-17. ADJUSTMENT OF PENSION.-- | 0001| A. If payment of a pension or other retirement | 0002| benefit causes a decrease in the amount of monetary payments or | 0003| other needs-based benefits due to a payee from any other | 0004| governmental agency, the pension or other retirement benefit | 0005| shall be reduced for the period during which the pension or | 0006| other retirement benefit prevents payment of another | 0007| needs-based benefit to result in payment of the maximum amount | 0008| possible by the association and the other governmental agency | 0009| to the payee. Any amounts that would otherwise be paid out | 0010| that are not paid in accordance with the provisions of this | 0011| section shall not be recoverable by a payee at any later date. | 0012| B. If there is a change in the effect of a pension | 0013| or other retirement benefit on any monetary payments or other | 0014| needs-based benefits due to a payee from any other governmental | 0015| agency, the pension or other retirement benefits shall be | 0016| adjusted to result in the maximum total benefit to the payee. | 0017| In no event shall any pension be increased in an amount greater | 0018| than that authorized by the Magistrate Retirement Act. | 0019| C. The provisions of this section are mandatory and | 0020| shall not be waived or declined by a payee. Each payee shall | 0021| provide the association with all information necessary for the | 0022| association to carry out the requirements imposed by this | 0023| section. | 0024| D. If the payee fails to provide all the facts | 0025| necessary to comply with the requirements imposed by this | 0001| section, and payment of a pension or other retirement benefit | 0002| is made without making the adjustment required by this section, | 0003| neither the ~~[retirement]~~ board, the executive ~~[secretary]~~ | 0004| director nor any officer or employee of the association or | 0005| the ~~[retirement]~~ board shall be liable to any third party | 0006| because the adjustment was not made as required. | 0007| E. As used in this section: | 0008| (1) "pension" means a normal retirement, | 0009| survivor or disability retirement pension payable to a retired | 0010| member or survivor beneficiary pursuant to the Magistrate | 0011| Retirement Act; | 0012| (2) "governmental agency" means the federal | 0013| government, any department or agency of the federal government, | 0014| any state and any department, agency or political subdivision | 0015| of a state; | 0016| (3) "total benefits" means pensions plus any | 0017| other monetary payments or other needs-based benefits due to | 0018| the payee from any governmental agency; | 0019| (4) "needs-based benefit" means monetary or | 0020| other benefits for which a determination of eligibility is | 0021| based upon the recipient's level of income and resources; and | 0022| (5) "payee" means a retired member or the | 0023| refund beneficiary or survivor beneficiary of a retired | 0024| member." | 0025| Section 17. Section 10-12C-18 NMSA 1978 (being Laws 1995, | 0001| Chapter 115, Section 10) is amended to read: | 0002| "10-12C-18. CORRECTION OF ERRORS AND OMISSIONS-- | 0003| ESTOPPEL.-- | 0004| A. If an error or omission ~~[in an application or~~ | 0005| ~~its supporting documents]~~ results in an overpayment to a | 0006| member or beneficiary of a member, the association shall | 0007| correct the error or omission and adjust all future payments | 0008| accordingly. The association shall recover all ~~[overpayment]~~ | 0009| overpayments made for a period of up to one year prior to the | 0010| date the error or omission was discovered. | 0011| B. A person who is paid more than the amount that | 0012| is lawfully due him as a result of fraudulent information | 0013| provided by the member or beneficiary shall be liable for the | 0014| repayment of that amount to the association plus interest on | 0015| that amount at the rate set by the board plus all costs of | 0016| collection, including ~~[attorneys']~~ attorney fees if | 0017| necessary. Recovery of such overpayment shall extend back to | 0018| the date the first payment was made based on the fraudulent | 0019| information. | 0020| C. Statements of fact or law made by board members | 0021| or employees of the board or the association shall not estop | 0022| the board or the association from acting in accordance with the | 0023| applicable statutes." | 0024| Section 18. Section 10-11-118.1 NMSA 1978 (being Laws | 0025| 1992, Chapter 116, Section 9, as amended) is amended to read: | 0001| "10-11-118.1. ADJUSTMENT OF BENEFITS.-- | 0002| A. If payment of a pension or other retirement | 0003| benefit causes a decrease in the amount of monetary payments or | 0004| other needs-based benefits due to a payee from any other | 0005| governmental agency, the pension or other retirement benefit | 0006| shall be reduced for the period during which the pension or | 0007| other retirement benefit prevents payment of another needs- | 0008| based benefit to result in payment of the maximum amount | 0009| possible by the association and the other governmental agency | 0010| to the payee. Any amounts which would otherwise be paid out | 0011| which are not paid in accordance with the provisions of this | 0012| section shall not be recoverable by a payee at any later date. | 0013| B. If there is a change in the effect of a pension | 0014| or other retirement benefit on any monetary payments or other | 0015| needs-based benefits due to a payee from any other governmental | 0016| agency, the pension or other retirement benefits shall be | 0017| adjusted to result in the maximum total benefit to the payee. | 0018| In no event shall any pension be increased in an amount greater | 0019| than that authorized by the Public Employees Retirement Act. | 0020| C. The provisions of this section are mandatory and | 0021| may not be waived or declined by a payee. Each payee shall | 0022| provide the association with all information necessary for the | 0023| association to carry out the requirements imposed by this | 0024| section. | 0025| D. If the payee fails to provide all the facts | 0001| necessary to comply with the requirements imposed by this | 0002| section and payment of a pension or other retirement benefit is | 0003| made without making the adjustment required by this section, | 0004| neither the ~~[retirement]~~ board, the executive ~~[secretary]~~ | 0005| director nor any officer or employee of the association or | 0006| the ~~[retirement]~~ board shall be liable to any third party | 0007| because the adjustment was not made as required. | 0008| E. As used in this section: | 0009| (1) "pension" means a normal retirement, | 0010| survivor or disability retirement pension payable to a retired | 0011| member or survivor beneficiary pursuant to the Public Employees | 0012| Retirement Act; | 0013| (2) "governmental agency" means the federal | 0014| government, any department or agency of the federal government, | 0015| any state and any department, agency or political subdivision | 0016| of a state; | 0017| (3) "total benefits" means pensions plus any | 0018| other monetary payments or other needs-based benefits due to | 0019| the payee from any governmental agency; | 0020| (4) "needs-based benefit" means monetary or | 0021| other benefits for which a determination of eligibility is | 0022| based upon the recipient's level of income and resources; and | 0023| (5) "payee" means a retired member or the | 0024| refund beneficiary or survivor beneficiary of a retired | 0025| member." | 0001| State of New Mexico | 0002| House of Representatives | 0003| | 0004| FORTY-THIRD LEGISLATURE | 0005| FIRST SESSION, 1997 | 0006| | 0007| | 0008| February 24, 1997 | 0009| | 0010| | 0011| Mr. Speaker: | 0012| | 0013| Your JUDICIARY COMMITTEE, to whom has been referred | 0014| | 0015| HOUSE BILL 875 | 0016| | 0017| has had it under consideration and reports same with | 0018| recommendation that it DO PASS, amended as follows: | 0019| | 0020| 1. On page 12, line 19, after "beneficiary" insert "or | 0021| beneficiaries". | 0022| | 0023| 2. On page 30, lines 6 through 8, remove the brackets and | 0024| line through and on line 8, strike "or the executive director"., | 0025| | 0001| and thence referred to the APPROPRIATIONS AND FINANCE | 0002| COMMITTEE. | 0003| | 0004| Respectfully submitted, | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| Thomas P. Foy, Chairman | 0011| | 0012| | 0013| Adopted Not Adopted | 0014| | 0015| (Chief Clerk) (Chief Clerk) | 0016| | 0017| Date | 0018| | 0019| The roll call vote was 10 For 0 Against | 0020| Yes: 10 | 0021| Excused: Pederson, Rios, Sanchez | 0022| Absent: None | 0023| | 0024| | 0025| .117532.1 | 0001| G:\BILLTEXT\BILLW_97\H0875 State of New Mexico | 0002| House of Representatives | 0003| | 0004| FORTY-THIRD LEGISLATURE | 0005| FIRST SESSION, 1997 | 0006| | 0007| | 0008| March 6, 1997 | 0009| | 0010| | 0011| Mr. Speaker: | 0012| | 0013| Your APPROPRIATIONS AND FINANCE COMMITTEE, to | 0014| whom has been referred | 0015| | 0016| HOUSE BILL 875, as amended | 0017| | 0018| has had it under consideration and reports same with | 0019| recommendation that it DO PASS, amended as follows: | 0020| | 0021| 1. On page 5, line 15, strike "services" and insert in lieu | 0022| thereof "service". | 0023| | 0024| Respectfully submitted, | 0025| | 0001| | 0002| | 0003| | 0004| | 0005| Max Coll, Chairman | 0006| | 0007| | 0008| Adopted Not Adopted | 0009| | 0010| (Chief Clerk) (Chief Clerk) | 0011| | 0012| Date | 0013| | 0014| The roll call vote was 9 For 0 Against | 0015| Yes: 9 | 0016| Excused: Buffett, Coll, Marquardt, Pearce, Picraux, Saavedra, | 0017| Taylor, JP, Watchman | 0018| Absent: None | 0019| | 0020| | 0021| | 0022| G:\BILLTEXT\BILLW_97\H0875 FORTY-THIRD LEGISLATURE | 0023| FIRST SESSION, 1997 | 0024| | 0025| | 0001| March 16, 1997 | 0002| Mr. President: | 0003| | 0004| Your PUBLIC AFFAIRS COMMITTEE, to whom has been | 0005| referred | 0006| | 0007| HOUSE BILL 875, as amended | 0008| | 0009| has had it under consideration and reports same with | 0010| recommendation that it DO PASS, and thence referred to the | 0011| JUDICIARY COMMITTEE. | 0012| | 0013| Respectfully submitted, | 0014| | 0015| | 0016| | 0017| | 0018| __________________________________ | 0019| Shannon Robinson, Chairman | 0020| | 0021| | 0022| Adopted_______________________ Not | 0023| Adopted_______________________ | 0024| (Chief Clerk) (Chief Clerk) | 0025| | 0001| | 0002| Date ________________________ | 0003| | 0004| | 0005| | 0006| | 0007| | 0008| The roll call vote was 4 For 1 Against | 0009| Yes: 4 | 0010| No: Adair | 0011| Excused: Boitano, Garcia, Ingle, Vernon | 0012| Absent: None | 0013| | 0014| | 0015| H0875PA1 | 0016| | 0017| | 0018| | 0019| | 0020| | 0021| FORTY-THIRD LEGISLATURE | 0022| FIRST SESSION, 1997 | 0023| | 0024| | 0025| March 20, 1997 | 0001| | 0002| Mr. President: | 0003| | 0004| Your JUDICIARY COMMITTEE, to whom has been referred | 0005| | 0006| HOUSE BILL 875, as amended | 0007| | 0008| has had it under consideration and reports same with | 0009| recommendation that it DO PASS, and thence referred to the | 0010| FINANCE COMMITTEE. | 0011| | 0012| Respectfully submitted, | 0013| | 0014| | 0015| | 0016| | 0017| __________________________________ | 0018| Fernando R. Macias, Chairman | 0019| | 0020| | 0021| | 0022| Adopted_______________________ Not | 0023| Adopted_______________________ | 0024| (Chief Clerk) (Chief Clerk) | 0025| | 0001| | 0002| | 0003| Date ________________________ | 0004| | 0005| | 0006| The roll call vote was 6 For 0 Against | 0007| Yes: 6 | 0008| No: 0 | 0009| Excused: Tsosie, Vernon | 0010| Absent: None | 0011| | 0012| | 0013| H0875JU1 | 0014| | 0015| | 0016| FORTY-THIRD LEGISLATURE | 0017| FIRST SESSION, 1997 | 0018| | 0019| | 0020| March 21, 1997 | 0021| | 0022| Mr. President: | 0023| | 0024| Your FINANCE COMMITTEE, to whom has been referred | 0025| | 0001| HOUSE BILL 875, as amended | 0002| | 0003| has had it under consideration and reports same with | 0004| recommendation that it DO PASS. | 0005| | 0006| Respectfully submitted, | 0007| | 0008| | 0009| | 0010| | 0011| __________________________________ | 0012| Ben D. Altamirano, Chairman | 0013| | 0014| | 0015| | 0016| Adopted_______________________ Not | 0017| Adopted_______________________ | 0018| (Chief Clerk) (Chief Clerk) | 0019| | 0020| | 0021| | 0022| Date ________________________ | 0023| | 0024| | 0025| The roll call vote was 6 For 0 Against | 0001| Yes: 6 | 0002| No: None | 0003| Excused: Aragon, Eisenstadt, Ingle, Lyons, McKibben | 0004| Absent: None | 0005| | 0006| | 0007| H0875FC1 | 0008| |