10-12C-4.  Membership.

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Every magistrate while in office shall become a member and shall be subject to the provisions of the Magistrate Retirement Act [10-12C-1 NMSA 1978]; provided, however, that a magistrate who, prior to July 1, 2014, applied for and received an exemption from membership shall not become a member until such exemption ends. A magistrate who is retired under any state system or the educational retirement system shall:

     A. pay the applicable member contributions and the state, through the administrative office of the courts, shall pay the applicable employer contributions as provided pursuant to the Magistrate Retirement Act [10-12C-1 NMSA 1978]; and

     B. not accrue service credit and shall not be eligible to purchase service credit nor to retire pursuant to the Magistrate Retirement Act [10-12C-1 NMSA 1978].

History

HISTORY:
Laws 1992, ch. 118, § 4; 2014, ch. 39, § 3; 2014, ch. 43, § 3.

Annotations

Amendment Notes. 

The 2014 amendments. Laws 2014, ch. 39, § 3, and Laws 2014, ch. 43, § 3, both effective July 1, 2014, enacted identical amendments to this section. The section is set out as amended by Laws 2014, ch. 43, § 3. See 12-1-8 NMSA 1978.

The 2014 amendment rewrote the section, which formerly read: “Except for those magistrates who elected pursuant to the provisions of prior law to continue to be covered pursuant to the provisions of the Public Employees Retirement Act and any magistrate who has previously retired pursuant to the provisions of any state system or the educational retirement system, every magistrate in office on or after the effective date of the Magistrate Retirement Act shall become a member upon appointment or election to that office and shall be subject to the provisions of the Magistrate Retirement Act upon taking office, unless a written application for exemption from membership is filed with the association within ninety days of taking office. The application for exemption from membership may be revoked by filing with the association a written application for membership in the form prescribed by the association. If exemption from membership is revoked, membership shall commence on the first day of the first pay period following the date the application for membership was received by the association.”

Severability. 

As to severability, see the 2014 note under § 10-12C-2.