A. For an individual who initially became a member prior to July 1, 2005, the age and service credit requirements for retirement provided for in the Judicial Retirement Act are:

(1) age sixty-five years or older and five or more years of service credit; or

(2) age sixty years or older and fifteen or more years of service credit.

B. For an individual who initially became a member after June 30, 2005 but on or before June 30, 2014, the age and service credit requirements for retirement provided for in the Judicial Retirement Act are:

(1) age sixty-five years or older and five or more years of service credit; or

(2) age fifty-five years or older and sixteen or more years of service credit.

C. For an individual who initially became a member on or after July 1, 2014, the age and service requirements provided for in the Judicial Retirement Act are:

(1) age sixty-five years and eight or more years of service credit; or

(2) age sixty years and fifteen or more years of service credit.

D. Except for a member who is retired under any state system or the educational retirement system, if a member leaves office for any reason, other than removal pursuant to Article 6, Section 32 of the constitution of New Mexico, before meeting the age and service credit requirements for retirement pursuant to the provisions of this section and if that member leaves the member contributions on deposit in the fund, that member may apply for retirement when that member meets the age and service credit requirements for retirement pursuant to the provisions of the Judicial Retirement Act or provisions of the Public Employees Retirement Reciprocity Act [Chapter 10, Article 13A NMSA 1978].

E. No member shall be eligible to receive a pension pursuant to the provisions of the Judicial Retirement Act while still in office.

History: Laws 1992, ch. 111, § 8; 2005, ch. 246, § 1; 2014, ch. 35, § 5.

The 2014 amendment, effective July 1, 2014, changed the age and service requirements for normal retirement; in Subsection A, in Paragraph (1), after "age", deleted "sixty-four" and added "sixty-five years"; in Subsection B, in the introductory paragraph, after "became a member", deleted "on or", after "member after", deleted "July 1" and added "June 30", and after "June 30, 2005", added "but on or before June 30, 2014"; in Subsection B, in Paragraph (1), after "age", deleted "sixty-four" and added "sixty-five years"; added Subsection C; and in Subsection D, added "Except for a member who is retired under any state system or the educational retirement system".

Severability. — Laws 2014, ch. 35, § 16 provided that if any part or application of Laws 2014, ch. 35 is held invalid, the remainder or its application to other situations or persons shall not be affected.

The 2005 amendment, effective June 17, 2005, provided in Subsection A the age and service credit requirements for individuals who initially became a member prior to July 1, 2005 and added Subsection B to provide the age and service credit requirement for individuals who initially became a member on or after July 1, 2005.