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Section 10-12B-1 – Short title.

Chapter 10, Article 12B NMSA 1978 may be cited as the “Judicial Retirement Act”. History: Laws 1992, ch. 111, § 1; 2011, ch. 178, § 7. ANNOTATIONS The 2011 amendment, effective July 1, 2011, changed the statutory reference to the act. Impairment of contract and repeal of tax exemption. — Because no private contractual rights […]

Section 10-12B-10 – Member contributions; tax treatment.

A. On and after July 1, 2014, members, while in office, shall contribute ten and one-half percent of salary to the member contribution fund. B. Upon implementation, the state, acting as employer of members covered pursuant to the provisions of the Judicial Retirement Act, shall, solely for the purpose of compliance with Section 414(h) of […]

Section 10-12B-11 – Employer contributions.

A. The member’s court shall contribute fifteen percent of salary to the fund for each member in office. B. Thirty-eight dollars ($38.00) from each civil case docket fee paid in the district court, twenty-five dollars ($25.00) from each civil docket fee paid in metropolitan court and ten dollars ($10.00) from each jury fee paid in […]

Section 10-12B-12 – Early retirement.

A. Any member who initially became a member prior to July 1, 2005 and has not less than eighteen years of service credit may elect to retire at any time between age fifty and age sixty and receive a monthly pension that is one-twelfth of the following formula: Salary received during the last full year […]

Section 10-12B-13 – Disability retirement pension.

A. A judge or justice with the applicable minimum number of years of service credit accrued pursuant to the provisions of the Judicial Retirement Act who becomes unable to carry out the duties of that office due to physical or mental disability shall, upon determination of the disability and relinquishment of office, receive a pension […]

Section 10-12B-14 – Survivor’s pension.

For a member whose initial term of office began prior to July 1, 2014: A. unless that member has designated a survivor beneficiary in accordance with Subsection B of this section, a survivor pension shall be paid for life to a member’s or retired member’s surviving spouse; B. the member may designate, in writing in […]

Section 10-12B-14.1 – Election form of pension.

For a member whose initial term in office begins on or after July 1, 2014, except as otherwise provided in Section 10-12B-7 NMSA 1978: A. the member may elect to have pension payments made under any one of the forms of payment provided in Section 10-12B-14.2 NMSA 1978. The election of form of payment and […]

Section 10-12B-14.2 – Form of pension payment.

A. Straight life pension is form of payment A. The retired member is paid the pension for life under form of payment A. All payments stop upon the death of the retired member, except as provided in Subsection E of this section. The amount of pension is determined in accordance with the Judicial Retirement Act. […]

Section 10-12B-14.3 – Death before retirement; survivor pension.

For a member whose initial term in office begins on or after July 1, 2014: A. a survivor pension may be paid to certain persons related to or designated by a member who dies before normal or disability retirement if a written application for the pension, in the form prescribed by the association, is filed […]

Section 10-12B-15 – Cost-of-living adjustment.

A qualified pension recipient is eligible for a cost-of-living adjustment payable pursuant to the provisions of the Judicial Retirement Act as follows: A. beginning July 1, 2014 and continuing through June 30, 2016, there shall not be a cost-of-living adjustment applied to a pension payable pursuant to the Judicial Retirement Act; and B. beginning on […]

Section 10-12B-16 – Group insurance; continuation.

If the provisions of the Retiree Health Care Act [Chapter 10, Article 7C NMSA 1978] do not apply to a retired member, that retired member may continue to be insured under the provisions of any state group insurance plan in effect at the time of retirement or under the terms of any separate subsequent state […]

Section 10-12B-17 – Suspension or forfeiture of benefits.

A. If a member retires and is subsequently employed by any employer covered by any state system or the educational retirement system, the retired member’s pension shall be suspended effective the first day of the month following the month in which the subsequent employment begins. The suspended pension of a previously retired member shall resume […]

Section 10-12B-18 – Adjustment of pension.

A. If payment of a pension or other retirement benefit causes a decrease in the amount of monetary payments or other needs-based benefits due to a payee from any other governmental agency, the pension or other retirement benefit shall be reduced for the period during which the pension or other retirement benefit prevents payment of […]

Section 10-12B-19 – Corrections of errors and omissions; estoppel.

A. If an error or omission results in overpayment to a member or beneficiary of a member, the association shall correct the error or omission and adjust all future payments accordingly. The association shall recover all overpayments made for a period of up to one year prior to the date the error or omission was […]

Section 10-12B-2 – Definitions.

As used in the Judicial Retirement Act: A. “association” means the public employees retirement association provided for in the Public Employees Retirement Act [Chapter 10, Article 11 NMSA 1978]; B. “board” means the retirement board provided for in the Public Employees Retirement Act; C. “dependent child” means a natural or adopted child who is physically […]

Section 10-12B-4 – Membership.

Effective July 1, 2014, every judge or justice while in office shall become a member and shall be subject to the provisions of the Judicial Retirement Act; provided, however, that a judge or justice who, prior to July 1, 2014, applied for and received an exemption from membership, shall not become a member until such […]

Section 10-12B-6 – Refund of contributions.

A. If a member leaves office, the member may, with the written consent of the member’s spouse, if any, withdraw the member’s accumulated member contributions upon making written request in a form prescribed by the association. Upon written request of the member in the form prescribed by the association, a refund of member contributions may […]