A court of competent jurisdiction, solely for the purposes of effecting a division of community property in a divorce or legal separation proceeding, may provide by appropriate order for a determination and division of a community interest in the pensions or other benefits provided for in the Public Employees Retirement Act. In so doing, the court shall fix the manner in which warrants shall be issued, may order direct payments to a person with a community interest in the pensions or other benefits, may require the election of a specific form of payment and designation of a specific survivor pension beneficiary, refund beneficiary or survivor pension beneficiary designated in accordance with Section 10-11-14.5 NMSA 1978 and may restrain the refund of accumulated member contributions. Payments made pursuant to such orders shall only be made when member contributions are refunded or a pension is payable in accordance with the provisions of the Public Employees Retirement Act. The court shall not alter the manner in which the amount of pensions or other benefits is calculated by the association or cause any increase in the actuarial present value of the pensions or other benefits to be paid by the association.

History: Laws 1987, ch. 253, § 136; 1991, ch. 149, § 2; 1993, ch. 160, § 7; 1995, ch. 115, § 3.

Cross references. — For exemption from legal process for Public Employees Retirement Act benefits, see 10-11-135 NMSA 1978.

For exemption from legal process for Judicial Retirement Act benefits, see 10-12B-7 NMSA 1978.

For exemption from legal process for Magistrate Retirement Act benefits, see 10-12C-7 NMSA 1978.

For exemption from legal process for Educational Retirement Act benefits, see 22-11-42 NMSA 1978.

For exemption from legal process for interest from state police pension fund, see 29-4-10 NMSA 1978.

For exemption from legal process for married persons or heads of households, see 42-10-1 NMSA 1978.

For rules governing garnishment and writs of execution in the district, magistrate, and metropolitan courts, see Rules 1-065.1, 2-801, and 3-801 NMRA, respectively.

For form for claim of exemptions on executions, see Rule 4-803 NMRA.

For form for order on claim of exemption and order to pay in execution proceedings, see Rule 4-804 NMRA.

For form for application for writ of garnishment and affidavit, see Rule 4-805 NMRA.

For form for notice of right to claim exemptions from execution, see Rule 4-808A NMRA.

For form for claim of exemption from garnishment, see Rule 4-809 NMRA.

The 1995 amendment, effective June 16, 1995, substituted "Section 10-11-14.5" for "Section 10-11-14" in the second sentence and inserted the third sentence.

The 1993 amendment, effective June 18, 1993, inserted "in a divorce or legal separation proceeding" in the first sentence.

The 1991 amendment, effective July 1, 1991, inserted "may require the election of a specific form of payment and designation of a specific survivor pension beneficiary, refund beneficiary or survivor pension beneficiary designated in accordance with Section 10-11-14 NMSA 1978" in the second sentence and made minor stylistic changes.