NMSA 10-12C-16. Suspension or forfeiture of benefits

A retired member’s pension is suspended if they later work for a covered employer, and it resumes after that employment ends. A pension right can also be forfeited if the member is removed from office, with only a refund of the member’s own contributions available. Some retired members elected to office can avoid the s

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Jurisdiction: United States — New Mexico
Instrument: Act or statute
Version: Undated source snapshot
Language: en
Updated: 12 Jul 2026
Official source: View official record ↗

membership exemption pension forfeiture pension suspension

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Provisions of NMSA 10-12C-16. Suspension or forfeiture of benefits

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10-12C-16
NMSA 10-12C-16. Suspension or forfeiture of benefits
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AI-assisted research summary: A retired member’s pension is suspended if they later work for a covered employer, and it resumes after that employment ends. A pension right can also be forfeited if the member is removed from office, with only a refund of the member’s own contributions available. Some retired members elected to office can avoid the suspension rule by filing an irrevocable exemption within 30 days.

10-12C-16. Suspension or forfeiture of benefits. A. If a member retires and is subsequently employed by any employer covered by any state system or the educational retirement system, the retired member's pension shall be suspended effective the first day of the month following the month in which the subsequent employment begins. The suspended pension of a previously retired member shall resume and be effective the first day of the month following the month in which the member leaves office or terminates the subsequent employment. B. The right to receive a pension pursuant to the provisions of the Magistrate Retirement Act shall be forfeited if the member is removed from office pursuant to the provisions of Article 6, Section 32 of the constitution of New Mexico and the member's only entitlement from the fund shall be the refund of the member's own contributions. C. The provisions of Subsection A of this section shall not apply to a retired member who is elected to serve a term as an elected official if the retired member files an irrevocable exemption from membership in any state system with the association within thirty days of taking office. Filing of an irrevocable exemption shall irrevocably bar the retired member from acquiring service credit for the period of exemption from the membership. History: Laws 1992, ch. 118, § 16; 2001, ch. 104, § 1.

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NMSA 10-12C-16. Suspension or forfeiture of benefits

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