New Mexico Administrative Code

Universal Citation: 10 NM Admin Code

Current through Register Vol. 35, No. 6, March 26, 2024

This rule adopts the definitions found in Section 9-19-2 NMSA 1978 and Subsection M of Section 9-19-14 NMSA 1978, as if fully set forth herein. In addition to the definitions adopted, the following terms have the following meaning:

A. "Date of hire" means the month, date and year the individual was hired by a law enforcement agency for the purpose of serving as a law enforcement officer with that agency.

B. "DPS" means the department of public safety.

C. "Eligible officer" means an officer who has remained employed as a law enforcement officer with the same law enforcement agency one year and one day after reaching four, nine, fourteen and nineteen years of consecutive service from the law enforcement officer's date of hire with that law enforcement agency.

D. "Employer tax liability" means the employer contribution for payroll taxes outlined in the Federal Insurance Contribution Act for Social Security and/or Medicare. This does not include any employer contributions for retirement or other benefit plans.

E. "Law enforcement academy" means the New Mexico law enforcement academy created by Section 29-7-2 NMSA 1978 or any of the satellite academies certified by the New Mexico law enforcement academy board.

F. "Law enforcement retention fund" means a fund in the state treasury, consisting of money appropriated by the legislature, federal money granted to the state for the purposes of the fund, income from investment of the fund and money otherwise accruing to the fund. Money in the fund does not revert to any other fund at the end of the fiscal year. The fund is administered by DPS to provide monies to law enforcement agencies who request the funds for the purpose of providing retention differential disbursements to law enforcement officers within the agency's employ who meet statutorily prescribed requirements.

G. "LERF" means law enforcement retention fund.

H. "Portal" means the electronic system through which law enforcement agencies annually report to the DPS the data required by this rule in order for the law enforcement agency to receive funding from the law enforcement retention fund for the purpose of providing retention differential disbursements to eligible officers employed by that agency.

I. "PRDD" means the amount of the projected retention differential disbursement stated in dollars and cents to be paid to the eligible officer.

J. "Reporting fiscal year" means the fiscal year in which the law enforcement agency is reporting to DPS the information set forth in Subsection A of NMAC.

K. "Salary" means the base hourly rate of pay of the law enforcement officer for two thousand eighty hours, excluding overtime, any percentage pay increases or multiple components of pay.

L. "Years of service" means the number of consecutive years, months and days, beginning with the date of hire, a law enforcement officer is employed for the purpose of serving as a law enforcement officer with a single law enforcement agency.

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