Garcia-Montoya v. Public Employees Retirement Board

2006 NMCA 094, 140 P.3d 1124, 140 N.M. 175
CourtNew Mexico Court of Appeals
DecidedJune 30, 2006
DocketNo. 25,203
StatusPublished

This text of 2006 NMCA 094 (Garcia-Montoya v. Public Employees Retirement Board) is published on Counsel Stack Legal Research, covering New Mexico Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Garcia-Montoya v. Public Employees Retirement Board, 2006 NMCA 094, 140 P.3d 1124, 140 N.M. 175 (N.M. Ct. App. 2006).

Opinions

OPINION

ALARID, Judge.

{1} Defendant-Petitioner Public Employees Retirement Board (the PERB) appeals from an order of the district court directing the PERB to calculate the pension benefits due Plaintiff-Respondent Donna Garcia-Montoya (Employee) under general member coverage plan 3 of the Public Employee’s Retirement Act (the PERA), NMSA 1978, ch. 10, art. 11. We affirm the decision of the district court.

BACKGROUND

{2} The operative historical facts are not disputed. Employee became a member of the Public Employees Retirement Association in August 1983. The PERA general member coverage plan 2 became applicable to state general members after September 30, 1987. NMSA 1978, § 10-11-21 (1987). The PERA general coverage plan 3 became applicable to state general members in the first full pay period after July 1, 1995. NMSA 1978, § 10-11-26.1 (1994). There is no dispute that Employee was a contributing member on the dates that both plan 2 and plan 3 became applicable. After plan 3 became effective, Employee made contributions under plan 3. Employee’s last contributions were made in March 1996.

{3} In September 1995, Employee took sick leave. When Employee’s sick leave was depleted in March 1996, Employee requested and was granted Family Medical Leave. Upon expiration of her Family Medical Leave in June 1996, Employee did not return to work. Employee applied for disability retirement, and in December 2002, was determined to be eligible for a duty-related retirement pension.

{4} A dispute arose between Employee and the PERB over the amount of her pension. Employee took the position that she was entitled to benefits calculated under plan 3. The PERB took the position that Employee’s benefits were to be calculated under plan 2. Employee requested an administrative hearing. A hearing officer determined that Employee was entitled to benefits calculated under plan 2. The PERB adopted the hearing officer’s decision.

{5} Employee appealed to the district court. The district court reversed the PERB’s decision, ordering the PERB to calculate Employee’s benefits under plan 3. The PERB appeals.

DISCUSSION

{6} The PERA contains numerous coverage plans.1 All plans share definitional and housekeeping provisions. E.g., NMSA 1978, §§ 10-11-2(N) (2005) (defining membership); 10-11-8 (2004) (defining normal retirement); 10-11-10.1 (1993) (defining disability retirement). Each plan separately specifies (1) the date the plan becomes applicable, (2) the contribution rates for employees and employers for the particular plan, (3) the age and service credit requirements for normal retirement under the plan, and (4) the pension factor that is used to calculate the amount of the member’s pension under the particular plan.

{7} Under coverage plan 2, the amount of a pension is calculated using a pension multiplier equal to two and one-half percent of the employee’s final average salary. NMSA 1978, § 10-11-23 (1987). Under plan 3, the amount of a pension is calculated using a pension multiplier equal to three percent of the employee’s final average salary. NMSA 1978, § 10-11-26.3 (1994). The amount of a pension calculated using the three percent multiplier of plan 3 will be 120 percent (six fifths) of a pension calculated using the two and one-half percent multiplier of plan 2.

{8} Plan 3 contains the following provision, which the PERB relied upon in denying Employee benefits calculated under plan 3:

Notwithstanding the provisions of Section 3[NMSA 1978, § 10-11-26.2 (1994) ] of this act, to qualify for payment under state general member coverage plan 3, a member shall have one and one-half years of service credit earned under the general member coverage plan 3 subsequent to July 1,1995.

NMSA 1978, § 10-11-26.7 (1994) (emphasis added). The PERB argues that Employee cannot “qualify for payment” under plan 3 because Employee did not earn one and one-half years of service credit under coverage plan 3 subsequent to July 1, 1995, as required by Section 10-11-26.7. Employee, who left her employment in June 1996, concedes that she earned less than one and one-half years service credit under plan 3.2 As we explain below, the one and one-half years earned service credit requirement of Section 10-11-26.7 supplements the service credit requirements for normal retirement; retirees such as Employee, who have applied for early retirement due to a disability, are not subject to Section 10-11-26.7.

{9} Section 10-11-26.7 consists of an introductory phrase, “[njotwithstanding the provisions of Section 3 [Section 10-11-26.2] of this act,” and a principal clause beginning with “to qualify for payment.” The underlying structure of Section 10-11-26.7 is a statement in the form “notwithstanding x, y,” in which the outcome dictated by “y” qualifies the outcome that otherwise would obtain under “x.” Section 10-11-26.2 is the “x” upon which the “y” of the main clause of Section 10-11-26.7 operates. We think that the natural manner of giving effect to a statement in the form of “notwithstanding x, y” is by limiting application of “y” to only those instances that otherwise would be governed by “x.” Applied to Section 10-11-26.7, this means that only those members whose qualification for payment under plan 3 depends upon Section 10-11-26.2 in the first place are subject to Section 10-11-26.7’s requirement of one and one-half years of service credit earned subsequent to July 1,1995.

{10} Our analysis comports with the well-established rule of statutory construction requiring courts to give effect to all the language enacted by the Legislature. See Vaughn v. State Taxation & Revenue Dep’t, 98 N.M. 362, 365-66, 648 P.2d 820, 823-24 (Ct.App.1982) (construing the Educational Retirement Act; observing “that the legislature is presumed to have used no surplus words, and that a statute must be construed so that no word and no part of the statute is rendered surplusage”), superceded by statute as stated in Pierce v. State, 121 N.M. 212, 226 n. 14, 910 P.2d 288, 302 n. 14 (1995). If we applied Section 10-11-26.7 to members whose qualification for retirement benefits was not dependent upon Section 10-11-26.2, we would be enforcing Section 10-11-26.7 as if it read:

[T]o qualify for payment under state general member coverage plan 3, a member shall have one and one-half years of service credit earned under the general member coverage plan 3 subsequent to July 1, 1995.,

Such a reading would require us to ignore the phrase “[njotwithstanding the provisions of Section [10-11-26.2]” enacted by the Legislature and would violate the established rule of construction that requires us to give effect to all the language enacted by the Legislature. Unlike the PERB’s proposed construction, our reading of Section 10 — 11— 26.7 gives effect to the entire statute enacted by the Legislature.

{11} We next consider whether Employee’s qualification for payment of a disability pension depended upon Section 10-11-26.2. Eligibility for normal retirement is governed by Subsection 10-11-8(A).

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Related

Vaughn v. State Taxation & Revenue Department
648 P.2d 820 (New Mexico Court of Appeals, 1982)
Pierce v. State Ex Rel. New Mexico Taxation & Revenue Department
910 P.2d 288 (New Mexico Supreme Court, 1995)
Sims v. Sims
930 P.2d 153 (New Mexico Supreme Court, 1996)
Hanson v. Turney
2004 NMCA 069 (New Mexico Court of Appeals, 2004)
State v. Muniz
2003 NMSC 021 (New Mexico Supreme Court, 2003)
Jicarilla Apache Nation v. Rodarte
2004 NMSC 035 (New Mexico Supreme Court, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
2006 NMCA 094, 140 P.3d 1124, 140 N.M. 175, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garcia-montoya-v-public-employees-retirement-board-nmctapp-2006.