N.M. Admin. Code § 10.2.4.7

Current through Register Vol. 35, No. 24, December 23, 2024

Section 10.2.4.7 - DEFINITIONS

This rule adopts the definitions found in Section 9-19-2 NMSA 1978, Subsection M of Section 9-19-14 NMSA 1978 and 2024 HB 193, as if fully set forth herein. In addition to the definitions adopted, the following terms have the following meaning:

A. "Certified" means an individual certified as a peace officer pursuant to the Law Enforcement Training Act, Section 29-7-1 to 29-7-16 NMSA 1978.

B. "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 full-time certified law enforcement officer with that agency.

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

D. "Eligible law enforcement agency" means an agency eligible to receive monies from the LERF because the agency:

(1) has, prior to June 1 of the reporting fiscal year, made a request for monies from the DPS and included in that request the information on which the agency is required to report under Section 9-19-14 H NMSA 1978 and this rule;

(2) is, at the time of submitting the request for monies to DPS in compliance with that portion of the Law Enforcement Training Act that requires every law enforcement agency to submit a quarterly report to the director of the law enforcement academy and the New Mexico law enforcement standards and training council; and

(3) has, at the time of submitting the request for monies to DPS, submitted the agency's most current roster of full-time certified law enforcement officers, including commission dates, to the New Mexico law enforcement academy.

E. "Eligible officer" means a full-time certified law enforcement officer employed by any law enforcement agency, who after completing four, nine, 14, 19, or 20 or more years of service since the law enforcement officer's initial date of hire, remains employed for one additional year with the law enforcement agency by whom the officer was employed at the time the officer completed four, nine, 14, 19 or 20 or more years of service and who is in compliance with the in-service training and reporting requirements of the Law Enforcement Training Act.

F. "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.

G. "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 standards and training council, its predecessors, or successors.

H. "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 full-time certified law enforcement officers within the agency's employ who meet requirements prescribed by statute and by this rule.

I. "LERF" means law enforcement retention fund.

J. "Portal" means the electronic system through which law enforcement agencies annually report to the DPS the data required by this rule in order years, months and days, beginning with the date of hire, a full-time certified law enforcement officer is employed by a law enforcement agency for the purpose of serving as a full-time certified law enforcement officer with a law enforcement agency.

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

L. "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 10.2.4.9 NMAC.

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

N. "Years of service" means the number of years, months and days, beginning with the date of hire, a full-time certified law enforcement officer is employed by a law enforcement agency for the purpose of serving as a full-time certified law enforcement officer with a law enforcement agency.

N.M. Admin. Code § 10.2.4.7

Adopted by New Mexico Register, Volume XXXIII, Issue 10, May 24, 2022, eff. 5/5/2022, Adopted by New Mexico Register, Volume XXXIV, Issue 08, April 25, 2023, eff. 4/25/2023, Amended by New Mexico Register, Volume XXXV, Issue 10, May 21, 2024, eff. 5/10/2024, Amended by New Mexico Register, Volume XXXV, Issue 22, November 19, 2024, eff. 11/19/2024