CS/SB 87/a LAW ENFORCEMENT RETIREMENT CHANGES

Sen Craig Brandt

Actions: [1] SCC/SHPAC/SFC-SCC [2]germane-SHPAC [4] DNP-CS/DP-SFC [6] DP - fl/aa- PASSED/S (33-3) [9] HLVMC-HLVMC [12] DP

Scheduled: Not Scheduled

 Senate Bill 87 (SB 87) The amendments cover various aspects, including the purchase of service credit, conditions for normal retirement, and rules for retired members returning to employment.  

 Senate Bill 87 (SB 87) 
Section 1: Purchase of Service Credit
•	Allows members who were certified or qualified law enforcement officers in another state or the federal government to purchase up to five years of service credit.  
•	Specifies conditions, including payment of the purchase cost, minimum years of service required for retirement, and proof of relevant employment.
Section 2: Normal Retirement and Return to Employment
•	Outlines requirements for normal retirement, including termination of employment and meeting age and service credit requirements.  
•	Describes conditions for retired members returning to employment, suspension of pension during subsequent employment, and resumption of pension upon termination of subsequent employment.  
•	Specifies exemptions for certain types of employment and outlines conditions for retired members who return to work.
Section 3: Effective Date:  
•	States that the effective date of the provisions is July 1, 2024.
 

  SHPACa/SB 87:  Amendment #1:
•	On page 1, line 12, strike "SAFETY".
•	On page 8, line 19, before the semicolon, insert "or
 paramedic".
•	On page 8, between lines 23 and 24, insert:
o	"(j) peace officer;".
•	Re-letter the succeeding subparagraphs accordingly.
•	On page 11, line 20, after "technician", insert "or
 paramedic" and on line 25, strike "and".
•	On page 12, line 1, before the semicolon, insert:
o	"and who serves in a non-management position serving or supporting
o	the delivery of emergency services in a front-line capacity".
•	On page 12, between lines 14 and 15, insert: 
o	"(10) “peace officer" means a person who is appointed
o	by the attorney general or district attorney and who is a certified
o	law enforcement officer who investigates and enforces state laws,
o	rules and regulations, including the execution of warrants;".
•	Renumber the succeeding paragraphs accordingly

SHPACa/SB 87: Amendment#2:
•	On page 8, line 25, strike "or".
•	On page 9, line 1, after the semicolon, insert "or".
•	On page 9, between lines 1 and 2, insert:
o	"(m) protective services investigator;".
•	On page 12, between lines 14 and 15, insert:
o	"(10) “protective services investigator" means a
o	person who is an employee of the protective services division of the
o	children, youth and families department who investigates child abuse
o	referrals, assesses the risk and safety of the child and takes
o	appropriate action or prepares cases for transfer to child
o	protective services permanency planning;".
•	Renumber the succeeding paragraphs accordingly
 

 Committee Substitute January 29, 2024, in SAPAC:

SHPACcs/SB 87:  This is a proposed amendment to the Public Employees Retirement Act in the state of New Mexico. The amendment addresses the conditions under which retired public safety employees can return to work and receive pension benefits. 

Normal Retirement Conditions (Section 1, Subsection A):
•	A member can retire if certain conditions are met, including filing a written application, terminating employment with covered employers, selecting a retirement date, and meeting age and service credit requirements.

Return to Employment After Retirement (Section 1, Subsection C):
•	Retired members can be employed by an affiliated public employer under certain conditions, such as a 12-month break in employment, suspension of pension during subsequent employment, and no accrual of service credit.

Exemptions to Return Restrictions (Section 1, Subsection D):
•	Certain exemptions exist for retired members employed by the legislature during sessions, temporary precinct board members, and elected officials who file an irrevocable exemption from membership.

Return to Employment for Public Safety Employees (Section 1, Subsection J):
•	Public safety employees (e.g., police officers, firefighters) retired before December 31, 2023, may be subsequently employed under specific conditions, including a 90-day break in employment, continuation of pension payments, and a limit of up to thirty-six consecutive months of pension payments while reemployed.

Employer Responsibilities (Section 1, Subsection K):
•	Affiliated public employers hiring retired members must track and document various aspects, including dates of hire and separation, salary, and vacancy rates. If layoffs are necessary, reemployed retired members should be laid off before other members.

Definition of Terms (Section 1, Subsection L):
•	The bill provides definitions for various terms, including "adult correctional officer," "emergency medical technician," and others.

Effective Date (Section 2):
•	The provisions of this act are set to be effective on July 1, 2024.