Section 10-12C-12 - Disability retirement pension.
10-12C-12. Disability retirement pension.
A. A magistrate with five years or more of service credit accrued pursuant to the provisions of the Magistrate Retirement Act [10-12C-1 NMSA 1978] who becomes unable to carry out the duties of that office due to physical or mental disability shall, upon determination of the disability and relinquishment of office, receive a pension from the fund so long as the disability continues. Determination of disability shall be made by the board in accordance with the provisions of the Public Employees Retirement Act [Chapter 10, Article 11 NMSA 1978] and rules promulgated thereunder.
B. The amount of the pension shall be calculated using the formula for normal retirement set out in Section 9 [10-12C-9 NMSA 1978] of the Magistrate Retirement Act.
C. The five-year service credit requirement shall be waived if the board finds the disability to have been the natural and proximate result of causes arising solely and exclusively out of and in the course of the member's performance of duty as a magistrate, and the amount of pension shall be computed as if the member had five years of service credit as a magistrate.