A. A magistrate with the applicable minimum number of years of service credit accrued pursuant to the provisions of the Magistrate Retirement Act [10-12C-1 NMSA 1978] 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 from the fund so long as the disability continues. Determination of disability shall be made by the board in accordance with the provisions of the Public Employees Retirement Act [10-11-1 NMSA 1978] and rules promulgated pursuant to that act.
B. The amount of the pension shall be calculated using the formula for normal retirement set out in Section 10-12C-9 NMSA 1978.
C. The applicable service credit requirement shall be waived if the board finds the disability to have been the natural and proximate result of causes arising solely and exclusively out of and in the course of the member’s performance of duty as a magistrate, and the amount of pension shall be computed as if the member had the applicable minimum number of years of service credit as a magistrate.
HISTORY:
Laws 1992, ch. 118, § 12; 2014, ch. 39, § 9; 2014, ch. 43, § 9.
Amendment Notes.
The 2014 amendments. Laws 2014, ch. 39, § 9, and Laws 2014, ch. 43, § 9, both effective July 1, 2014, enacted identical amendments to this section. The section is set out as amended by Laws 2014, ch. 43, § 9. See 12-1-8 NMSA 1978.
The 2014 amendment, in A, substituted “the applicable minimum number of years” for “five years or more” in the first sentence and substituted “pursuant to that act” for “thereunder” in the second sentence; substituted “Section 10-12C-9 NMSA 1978” for “Section 9 of the Magistrate Retirement Act” in B; and in C, substituted “applicable service” for “five-year service” and “the applicable minimum number of years” for “five years.”
Severability.
As to severability, see the 2014 note under § 10-12C-2.