This bill amends the Public Employees Retirement Act by including in the definition of “salary”, the overtime pay for a regular scheduled tour of duty.  


 This bill amends the definition of “salary” in Section 10-11-2 NMSA 1978 of the Public Employees Retirement Act.  The bill provides that “salary” includes overtime pay only if the overtime was required for a regular scheduled tour of duty and is made on the regular payroll for the period represented in the payment.  

The bill states that the tour of duty be in compliance with 29 U.S. Code Section 207(k).  That federal law provides that a public agency does not violate employment laws with respect to employees in fire protection activities or any employee in law enforcement activities, including security personnel in correctional institutions, if the employee receives a certain number of hours of tours of duty.  

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