A. A magistrate with the applicable minimum number of years of service credit accrued pursuant to the provisions of the Magistrate Retirement Act 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 [Chapter 10, Article 11 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.

The 2014 amendment, effective July 1, 2014, based the disability pension on the applicable minimum number of years of service credit; in Subsection A, after "magistrate with", deleted "five" and added "the applicable minimum number of", and after "minimum number of years" deleted "or more"; and in Subsection C, after "The", deleted "five-year" and added "applicable", and after "computed as if the member had", deleted "five" and added "the applicable minimum number of".

Laws 2014, ch. 39, § 9 and Laws 2014, ch. 43, § 9, both effective July 1, 2014, enacted identical amendments to this section. The section was set out as amended by Laws 2014, ch. 43, § 9. See 12-1-8 NMSA 1978.

Severability. — Laws 2014, ch. 43, § 16 provided that if any part or application of Laws 2014, ch. 43 is held invalid, the remainder or its application to other situations or persons shall not be affected.