N.M. Stat. » N.M. Stat. / Chapter 22 / Article 11
New Mexico Statutes

N.M. Stat. § 22-11-16 (2026)

Regular membership.

✓ current as of May 2026
Find cases: SyfertCases citing this section NM-LEGnmonesource.com JustiaChapter on Justia CornellLII Search CasesGoogle Scholar 
Except as otherwise provided in the Educational Retirement Act, being a regular
member shall be a condition of employment and shall exclude membership and
participation in any other state retirement program.

History: 1953 Comp., § 77-9-16, enacted by Laws 1967, ch. 16, § 140.

                                     ANNOTATIONS

Cross references. — For optional coverage of persons qualified to be regular members
and covered by retirement program for federal civil service employees, see 22-11-19
NMSA 1978.

Retired legislator entitled to benefits from educational and public employees'
retirement systems. — Since when a legislator is retired and no longer an employee
he is not, pursuant to Section 22-11-2 NMSA 1978, a "regular member" under the
Education Retirement Act and is not excluded from membership and participation in
another state retirement program by this section, therefore he may receive benefits from
both the educational retirement system and the public employees' retirement system.
1979 Op. Att'y Gen. No. 79-05.

Public employees retirement association. — Full-time city public school teacher who
was a member of the educational retirement system, and who was simultaneously
employed on a part-time basis by the city, was not required to be a member of the
public employees retirement association. 1988 Op. Att'y Gen. No. 88-70.
Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1965–2023 · leading case: Vaughn v. State Taxation & Revenue Dep't, 648 P.2d 820 (N.M. Ct. App. 1982).
Sort: Relevance Newest Treatment
Vaughn v. State Taxation & Revenue Dep't, 648 P.2d 820 (N.M. Ct. App. 1982). · cites it 4× “Section 22-11-16, N.M.S.A.1978, § 22-11-21, N.”
In Re Keenan, 364 B.R. 786 (Bankr. D.N.M. 2007). · cites it 2× “See N.M. Stat. Ann. §§ 22-11-16 , 21. See also New Mexico Education Retirement Board, Member Handbook, p.”
Orosco v. Cox, 405 P.2d 668 (N.M. 1965). · cites it 2× “1953, which states in part, “The following persons are not entitled to prosecute such writ: Persons committed or detained by virtue of the final judgment, conviction or decree of any competent tribunal or by virtue of an execution issued upon such judgment or decree; * * * ” and…”
Goodwin v. Lujan Grisham (D.N.M. 2023). “at §§ 22-11-16 (excluding members from other retirement programs).”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.