Some lawmakers may get second chance at pension

Some current and former members of the Legislature who missed deadlines to enroll in the pension program for lawmakers would be able to sign up retroactively under a proposal by Senate Republican leader Stuart Ingle.

Also, under his proposal, some former legislators who did enroll could increase their benefits.

Ingle said his legislation is about fairness for those who have served in the Legislature.

“They serve up here for nothing,” he said.

Lawmakers receive a per diem, or daily payment, when the Legislature is in session and for attending meetings required by committees when not in session. The per diem is now $154.

The pension program for legislators was created in 1963, and the annual benefit for each year of service ranges from $40 to more than $1,000, depending upon when a lawmaker served. A legislator must serve at least five years to collect the pension benefit.

Current legislators who are enrolled in the program make a yearly contribution of $600 and are eligible for an annual pension benefit of $1,016 for each year of service.

Lawmakers have six months after taking office to enroll, but six current legislators didn’t do so.

Under Ingle’s proposal, those six would be able to retroactively join by making contributions for past years, plus interest to be set by the Public Employees Retirement Association.

The six are Sens. Sander Rue, R-Albuquerque; William Burt, R-Alamogordo; and Howie Morales, D-Silver City; and Reps. Zachary Cook, R-Ruidoso; Sandra Jeff, D-Crownpoint; and James Roger Madalena, D-Jemez Pueblo.

Also, under Ingle’s legislation, former legislators who were eligible to sign up for a $500 benefit for each year of service but didn’t enroll in the pension program would be able to join retroactively.

Those ex-lawmakers would have to pay $200 for each year of service in the Legislature, plus interest.

Ex-legislators who enrolled in the pension program for a $250 annual benefit for each year of service would be able to increase their annual benefit to $500. They would have to pay $100, plus interest, for each year they were in the Legislature. Exactly how many ex-lawmakers could take advantage of the deal isn’t known.

Ingle, of Portales, said he introduced the legislation at the request of former House Republican leader Blake Curtis of Clovis, who served from 1987 through 1994.

Curtis said he unintentionally missed the deadline to enroll while he was in the House.

He also noted that since leaving the Legislature, he has served on the State Fair Commission, the New Mexico State University Board of Regents and the board of the New Mexico Finance Authority.

Given his many years of service, Curtis said, “I felt it was appropriate to be given an opportunity to participate” in the pension program for legislators.

Under Ingle’s bill, Curtis could qualify for the $500 annual pension benefit for each year of service by contributing $200 for each of his eight years in the House, or a total of $1,600, plus interest.

It would be a good investment. In about a decade, at age 64, Curtis would qualify for an annual benefit of $500 for each year of service, or $4,000 a year.

Ingle said he planned to amend his legislation to increase each current lawmaker’s annual contribution to the pension plan from $600 to $700. A total of $2.4 million in state funds is pumped annually into the legislative pension program.

In addition to legislators, lieutenant governors are eligible for the pension program.

Gov. Susana Martinez is among the critics of the program, saying the contributions by legislators “are woefully inadequate in comparison to the taxpayer-funded benefits they generate.”

As with many bills, the fate of Ingle’s pension legislation is uncertain with less than a month to go in the regular session of the Legislature. It is pending before a Senate committee.

UpFront is a daily front-page news and opinion column. Comment directly to Thom Cole at tcole@abqjournal.com or 505-992-6280 in Santa Fe. Go to www.abqjournal.com/letters/new to submit a letter to the editor.
— This article appeared on page A1 of the Albuquerque Journal