TITLE 2 PUBLIC FINANCE

CHAPTER 84 MAGISTRATE RETIREMENT

PART 100 GENERAL PROVISIONS

2.84.100.1 ISSUING AGENCY: Public Employees Retirement Association, P. O. Box 2123, Santa Fe, New Mexico 87504-2123

[10-15-97; 2.84.100.1 NMAC - Rn, 2 NMAC 84.100.1, 12-28-00]

2.84.100.2 SCOPE: This rule affects the members, former member, retirees, beneficiaries, public employers, the retirement board and the association under the Magistrate Retirement Act.

[10-15-97; 2.84.100.2 NMAC - Rn, 2 NMAC 84.100.2, 12-28-00; A, 9-30-03]

2.84.100.3 STATUTORY AUTHORITY: This rule is authorized by NMSA 1978, Section 10-12C-3, as amended.

[10-15-97; 2.84.100.3 NMAC - Rn, 2 NMAC 84.100.3, 12-28-00]

2.84.100.4 DURATION: Permanent.

[10-15-97; 2.84.100.4 NMAC - Rn, 2 NMAC 84.100.4, 12-28-00]

2.84.100.5 EFFECTIVE DATE: November 1, 1994 unless a different date is cited at the end of a section.

[10-15-97; 2.84.100.5 NMAC - Rn & A, 2 NMAC 84.100.5, 12-28-00]

2.84.100.6 OBJECTIVE: The objective of this rule is to define terms used in the Magistrate Retirement Act and its rules and regulations.

[10-15-97; 2.84.100.6 NMAC - Rn, 2 NMAC 84.100.6, 12-28-00]

2.84.100.7 DEFINITIONS:

A. “Magistrate” or magistrate judge” has the meaning used throughout Chapter 35 of the New Mexico Statures Annotated, as amended and excludes judges of the metropolitan court, district court or court of appeals and justices of the supreme court.

B. “Magistrate court” has the meaning used throughout Chapter 35 of the New Mexico Statutes Annotated, as amended.

C. "Judicial agency" means the magistrate court or the administrative office of the courts, or the employer that pays the member's salary.

D. "Public employer" means any employer covered under any state system or the Educational Retirement Act.

E. "Legal representative" means "personal representative" as defined in the Probate Code of New Mexico which includes executor, administrator, successor personal representative, special administrator and persons who perform substantially the same functions under the law governing their status, or an attorney or a person acting pursuant to a power of attorney for a member, retired member or beneficiary.

F. "State system" means a retirement program provided for in the Public Employees Retirement Act, Magistrate Retirement Act, or Judicial Retirement Act.

[10-15-97; 2.84.100.7 NMAC - Rn & A, 2 NMAC 84.100.7, 12-28-00; A, 9-30-03]

HISTORY of 2.84.100 NMAC:

Pre-NMAC History: The material in this part was derived from that previously filed with the State Records Center and Archives under:

MRA Rule 100.00, Definitions, filed on 12-29-89;

MRA Rule 100, Definitions, filed on 7-1-92;

MRA Rule 100, Definitions, filed on 11-1-94.