NMSA 1978, § 10-11A-1 Short title
10-11A-1. Short title
Chapter 10, Article 11A NMSA 1978 may be cited as the "Volunteer Firefighters Retirement Act".
Laws 1983, ch. 263, § 1; 2003, ch. 370, § 1.
Volunteer Firefighters Retirement
NMSA 1978 ch. 10, art. 11A
in effectNMSA 1978, § 10-11A-2 Definitions
10-11A-2. Definitions
As used in the Volunteer Firefighters Retirement Act:
A. "association" means the public employees retirement association;
B. "board" means the retirement board of the association;
C. "fire department" means a fire department with volunteer members that is certified by the state fire marshal's office;
D. "fund" means the volunteer firefighters retirement fund; and
E. "member" means a volunteer nonsalaried firefighter who is listed as an active member on the rolls of a fire department and whose first year of service credit was accumulated during or after the year the member attained the age of sixteen. A volunteer firefighter who receives reimbursement for personal out-of-pocket costs shall not be considered a salaried firefighter.
Laws 1983, ch. 263, § 2; 2003, ch. 370, § 2; 2009, ch. 262, § 1; 2020, ch. 9, § 25.
NMSA 1978, § 10-11A-3 Volunteer firefighters retirement fund; creation; transfer of funds from the fire protection fund
10-11A-3. Volunteer firefighters retirement fund; creation; transfer of funds from the fire protection fund
A. There is created the "volunteer firefighters retirement fund" in the state treasury. All annuities and benefits in lieu of annuities shall be paid from the fund as provided in the Volunteer Firefighters Retirement Act.
B. Beginning in fiscal year 1998, the state treasurer shall transfer annually on or before the last day of July seven hundred fifty thousand dollars ($750,000) plus an additional two hundred fifty thousand dollars ($250,000) for fiscal year 1998 plus an additional two hundred fifty thousand dollars ($250,000) for fiscal year 1999 plus an additional five hundred thousand dollars ($500,000) for fiscal year 2000 from the fire protection fund to the credit of the volunteer firefighters retirement fund.
Laws 1983, ch. 263, § 3; 1996, ch. 8, § 1; 1997, ch. 150, § 1.
NMSA 1978, § 10-11A-4 Administration of the Volunteer Firefighters Retirement Act, program and funds by the board; annual actuarial evaluation
10-11A-4. Administration of the Volunteer Firefighters Retirement Act, program and funds by the board; annual actuarial evaluation
A. The provisions of the Volunteer Firefighters Retirement Act and the volunteer firefighters retirement program authorized under that act shall be administered by the board. The provisions of law relating to the administration and investment of retirement funds administered by the board shall apply to all funds transferred and paid into the fund. In its administration of the volunteer firefighters retirement program, the board is authorized to promulgate rules and regulations.
B. The board shall provide for an annual actuarial evaluation of the fund and shall make recommendations to the legislature for any changes necessary to maintain the actuarial soundness of the fund.
C. The association shall remove a member's information file from the association's active database and enter it into an inactive database if qualifying documentation for the member has not been provided to the association for five consecutive years. A member's information file that has been entered into an inactive database shall not be included in the board's annual actuarial evaluation of the fund. The association shall return a member's information file to the association's active database if the association receives new qualifying documentation for the member.
Laws 1983, ch. 263, § 4; 2009, ch. 262, § 2.
NMSA 1978, § 10-11A-5 Retirement benefits; eligibility
10-11A-5. Retirement benefits; eligibility
A. Any member who attains the age of fifty-five years and has twenty-five years or more of service credit shall be eligible to receive a retirement annuity of two hundred fifty dollars ($250), payable monthly from the fund during the remainder of the member's life.
B. Any member who attains the age of fifty-five years and has at least ten but less than twenty-five years or more of service credit shall be eligible to receive a retirement annuity of one hundred twenty-five dollars ($125), payable monthly from the fund during the remainder of the member's life.
C. Any member who ceases to be a volunteer nonsalaried firefighter after completing at least ten but less than twenty-five years of service credit is eligible to receive upon attaining the age of fifty-five years a retirement annuity of one hundred twenty-five dollars ($125), payable monthly from the fund during the remainder of the member's life.
D. Any member who ceases to be a volunteer nonsalaried firefighter after completing twenty-five years of service credit is eligible to receive upon attaining the age of fifty-five years a retirement annuity of two hundred fifty dollars ($250), payable monthly from the fund during the remainder of the member's life.
E. Any member who qualifies for and receives a retirement annuity pursuant to this section may continue as an active member on the rolls of a fire department. However, such member shall not accrue additional service credit for the purpose of increasing the amount of the member's retirement annuity.
Laws 1983, ch. 263, § 5; 2009, ch. 262, § 3; 2013, ch. 79, § 1.
NMSA 1978, § 10-11A-6 Determination of service credit
10-11A-6. Determination of service credit
A. A member may claim one year of service credit for each year in which a fire department certifies that the member:
(1) attended fifty percent of all scheduled fire drills for which the fire department held the member responsible to attend;
(2) attended fifty percent of all scheduled business meetings for which the fire department held the member responsible to attend; and
(3) participated in at least fifty percent of all emergency response calls for which the fire department held the member responsible to attend.
B. The chief of each fire department shall submit to the association by March 31 of each year documentation of the qualifications of each member for the preceding calendar year; provided that the chief shall:
(1) submit the documentation on forms provided by the association;
(2) acknowledge the truth of the records under oath before a notary public; and
(3) have the notarized forms signed by the mayor, if distributions from the fire protection fund for the fire department are made to an incorporated municipality, or the chair of the county commission, if distributions from the fire protection fund for the fire department are made to a county fire district.
C. For service credit that has been earned, but not credited pursuant to Subsection B of this section, a member may post or adjust service credit earned for not more than the two preceding calendar years; provided that the member shall:
(1) file with the association a completed "Corrected Qualification Record" or "Adjusted Qualification Record" as prescribed by the association;
(2) acknowledge the truth of the records under oath before a notary public; and
(3) have the notarized forms signed by the mayor, if distributions from the fire protection fund for the fire department are made to an incorporated municipality, or the chair of the county commission, if distributions from the fire protection fund for the fire department are made to a county fire district.
D. Prior to April 1, 2020, for service credit that has been earned, but not credited pursuant to Subsection B of this section, a member may post or adjust service credit earned for one or more years beginning on or after January 1, 1984; provided that the member shall:
(1) file with the association a completed "Corrected Qualification Record" or "Adjusted Qualification Record" as prescribed by the association;
(2) acknowledge the truth of the records under oath before a notary public; and
(3) have the notarized forms signed by the mayor or city manager, if distributions from the fire protection fund for the fire department are made to an incorporated municipality, or the chair of the board of county commissioners, if distributions from the fire protection fund for the fire department are made to a county fire district.
E. The association may request the state fire marshal's office to verify member qualifications submitted to the association.
Laws 1983, ch. 263, § 6; 1997, ch. 150, § 2; 2005, ch. 119, § 1; 2009, ch. 262, § 4; 2015, ch. 67, § 1; 2019, ch. 240, § 1; 2020, ch. 9, § 26.
NMSA 1978, § 10-11A-7 Retirement annuity; surviving beneficiary
10-11A-7. Retirement annuity; surviving beneficiary
A member may designate a spouse or dependent child as a beneficiary. In the event a retirement annuitant dies, the surviving beneficiary shall receive an annuity equal to two-thirds of the retirement annuity being paid to the retirement annuitant at the time of death; provided that the annuity paid to a beneficiary spouse shall cease upon the surviving spouse's death and the annuity paid to a beneficiary dependent child shall cease upon the child reaching eighteen years of age or upon the child's death, whichever comes first.
Laws 1983, ch. 263, § 7; 2009, ch. 262, § 5; 2026, ch. 14, § 10.
NMSA 1978, § 10-11A-8 Retroactivity; application of 2003 law
10-11A-8. Retroactivity; application of 2003 law
A. The change in law made by Laws 2003, Chapter 370, Section 2 eliminating a maximum age for a volunteer nonsalaried firefighter to establish a first year of service credit under the Volunteer Firefighters Retirement Act shall apply to a volunteer nonsalaried firefighter who was listed as an active member on the rolls of a fire department before the effective date of Laws 2003, Chapter 370, Section 2.
B. A volunteer nonsalaried firefighter who retired before the effective date of Laws 2003, Chapter 370, Section 2 shall be entitled to receive retirement benefits under the Volunteer Firefighters Retirement Act if otherwise qualified under that act.
Laws 2009, ch. 262, § 6.
Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18510/index.doFetched: 10/20/2026