Gill v. Public Employees Retirement Board of the Public Employees Retirement Ass'n of New Mexico

(specially concurring).

{40} I concur in the majority opinion but write separately in order to emphasize the importance I place on the analysis in Cockrell v. Board of Regents of New Mexico State University, 2002-NMSC-009, 132 N.M. 156, 45 P.3d 876, in reversing the Court of Appeals. Further, I believe the opinion of the Court of Appeals, as did the opinion in Cockrell, recognized an important anomaly within the body of case law we apply. I am persuaded that we adopted an approach in Cockrell we should continue to pursue.

{41} In Cockrell, we discussed the effect of several opinions by the…