City of Artesia v. Public Employees Retirement Ass'n

OPINION

WECHSLER, Judge.

{1} The City of Artesia (the City) and its Chief of Police Donald Raley (Raley) (Plaintiffs) filed an action for injunctive relief, writ of mandamus, and declaratory judgment to prevent the Public Employees Retirement Association of New Mexico (PERA) from suspending Raley’s pension after the March 2012 municipal election in Artesia. When Raley was appointed to this position, NMSA 1978, Section 10-11-8(D) (2004) (amended 2010) provided that a PERA retiree appointed as a chief of police for a municipality had the option of filing an irrevocable exemption from PERA…