State general member coverage plan 2; member contribution rate.

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A member under state general member coverage plan 2 shall contribute six and eighteen one-hundredths percent of salary starting with the first full pay period in the calendar month in which state general member coverage plan 2 becomes applicable to the member.

History: Laws 1987, ch. 253, § 25.

ANNOTATIONS

Repeals and reenactments. — Laws 1987, Chapter 253 repealed former 10-11-25 NMSA 1978, as amended by Laws 1981, ch. 135, § 11, relating to deferred retirement annuity, and enacted a new section, effective July 1, 1987.

Early retiree purchase of service credits. — Despite the clarity and precision of its formula for computing the cost of a retiring employee's additional purchased service credit, § 139 of Laws 1987, ch. 253 (uncompiled) was ambiguous; it was ambiguous because of its reference to the seventy-fifth fiscal year (the 12-month period ending June 30, 1987), which had already ended when § 139 became effective on July 1, 1987. The section provided that an employee could purchase up to five years of credited service "during the seventy-fifth or seventy-sixth fiscal year," subject to various conditions. Not only was the statute ambiguous by referring to both the seventy-fifth and seventy-sixth fiscal years at the same time, it was also internally inconsistent; the cost for an additional year of service credit had already been fixed by Section 3 of the 1986 amendment to this article (Chapter 89), and no one argues that § 139 was intended to change that cost, retroactively, to comport with the formula spelled out later in § 139. Thus, the early retirees in the seventy-sixth fiscal year under Laws 1987, ch. 253, § 139 were required to pay an equivalent amount to purchase service credits as paid by early retirees under Laws 1986, ch. 89, § 3. State ex rel. Helman v. Gallegos, 1994-NMSC-023, 117 N.M. 346, 871 P.2d 1352.


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