Except as otherwise provided in the Educational Retirement Act [22-11-1 NMSA 1978], being a regular member shall be a condition of employment and shall exclude membership and participation in any other state retirement program.
HISTORY:
1953 77-9-16, enacted by Laws 1967, ch. 16, § 140.
OPINIONS OF ATTORNEY GENERAL
Construction with other law.
The Public Employees Retirement Act, 10-11-1 NMSA 1978 et seq., does not require that a person become or remain a member of the association while he is a regular member of the educational retirement system, and he may not be an association member while he is a regular member of the educational retirement system. 1988 N.M. Op. Att'y Gen. No. 88-70, 1988 N.M. AG LEXIS 79.
A legislator who is retired and drawing an annuity under the provisions of the Educational Retirement Act may also draw an annuity pursuant to the legislative provisions of the Public Employees’ Retirement Act. Stating that to the extent Op. Atty Gen. No. 65-13 and No. 65-190 rely upon 22-11-16 NMSA 1978 in support of the conclusion that a person retired under the Educational Retirement Act cannot become a member of the Public Employees’ Retirement Act, such reliance is misplaced for the reason that an annuitant is not a member of the Educational Retirement Act. 1979 N.M. Op. Att'y Gen. No. 79-5, 1979 N.M. AG LEXIS 36.