reglab/housing_qa huggingface dataset:
NM Stat § 52-6-17 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 6 - Group Self-Insurance|Section 52-6-17 - Rates; reporting.

A. Every group shall adhere to the uniform classification system, uniform experience-rating plan and manual rules filed with the superintendent by an advisory organization designated by the director. B. Premium contributions to the group shall be determined by applying the manual rates and rules to the appropriate classification of each member, which shall be adjusted by each member's experience credit or debit. Subject to approval by the director, premium contributions may also be reduced by an advance premium discount reflecting the group's expense levels and loss experience. C. Notwithstanding Subsection B of this section, a group may apply to the director for permission to make its own rates. Such rates shall be based on at least three years of the group's experience. D. Each group shall be audited at least annually by an auditor acceptable to the director to verify proper classifications, experience rating, payroll and rates. A report of the audit shall be filed with the director in a form acceptable to him. A group or any member thereof may request a hearing on any objections to the classifications. If the director determines that, as a result of an improper classification, a member's premium contribution is insufficient, he shall order the group to assess that member an amount equal to the deficiency. If the director determines that, as a result of an improper classification, a member's premium is excessive, he shall order the group to refund to the member the excess collected. The audit shall be at the expense of the group. History: Laws 1986, ch. 22, § 91; 1987, ch. 11, § 3; 1990 (2nd S.S.), ch. 2, § 77. ANNOTATIONSThe 1990 (2nd S.S.) amendment, effective January 1, 1991, substituted "director" for "superintendent" throughout the section.
NM Stat § 52-6-18 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 6 - Group Self-Insurance|Section 52-6-18 - Refunds.

A. Any money for a fund year in excess of the amount necessary to fund all obligations for that fund year may be declared to be refundable by the board of trustees not less than twelve months after the end of the fund year. B. Each member shall be given a written description of the refund plan at the time of application for membership. A refund for any fund year shall be paid only to those employers who remain participants in the group for the entire fund year. Payment of a refund based on a previous fund year shall not be contingent on continued membership in the group after that fund year. History: Laws 1986, ch. 22, § 92.
NM Stat § 52-6-19 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 6 - Group Self-Insurance|Section 52-6-19 - Premium payment; reserves.

A. Each group shall establish to the satisfaction of the director a premium payment plan that shall include: (1) an initial payment by each member of at least twenty-five percent of that member's annual premium before the start of the group's fund year; and (2) payment of the balance of each member's annual premium in monthly or quarterly installments during that fund year. B. Upon approval by the director, a group may establish an alternative premium payment plan that shall include: (1) provision by each member of premium security by surety bond in an amount equal to at least twenty-five percent of the member's annual premium; provided that the surety bond shall be in a form acceptable to the group, shall be issued by a corporate surety company authorized to transact business in this state and shall be effective before the start of the group's fund year; and (2) payment by each member of the member's annual premium in monthly or quarterly installments during the group's fund year. C. Each group shall establish and maintain actuarially appropriate loss reserves that shall include reserves for: (1) known claims and associated expenses; and (2) claims incurred but not reported and associated expenses. D. Each group shall establish and maintain bad debt reserves based on the historical experience of the group or other groups. History: Laws 1986, ch. 22, § 93; 1990 (2nd S.S.), ch. 2, § 78; 1997, ch. 146, § 1. ANNOTATIONSThe 1997 amendment, effective April 9, 1997, added Subsection B and redesignated former Subsections B and C as Subsections C and D. The 1990 (2nd S.S.) amendment, effective January 1, 1991, substituted "director" for "superintendent" in Subsection A and made stylistic changes.
NM Stat § 52-6-20 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 6 - Group Self-Insurance|Section 52-6-20 - Deficits and insolvencies.

A. If the assets of a group are at any time insufficient to enable the group to discharge its legal liabilities and other obligations and to maintain the reserves required of it under the Group Self-Insurance Act, it shall forthwith make up the deficiency or levy an assessment upon its members for the amount needed to make up the deficiency. B. In the event of a deficiency in any fund year, such deficiency shall be made up immediately, either from: (1) surplus from a fund year other than the current fund year; (2) administrative funds; (3) assessment of the membership, if ordered by the group; or (4) such alternate method as the director may approve or direct. The director shall be notified prior to any transfer of surplus funds from one fund year to another. C. If the group fails to assess its members or to otherwise make up such deficit within thirty days, the director shall order it to do so. D. If the group fails to make the required assessment of its members within thirty days after the director orders it to do so, or if the deficiency is not fully made up within sixty days after the date on which such assessment is made, or within such longer period of time as may be specified by the director, the group shall be deemed to be insolvent. E. The director shall proceed against an insolvent group in the same manner as the superintendent would proceed against an insolvent domestic insurer in this state as prescribed by the Insurance Code. The director shall have the same powers and limitations in such proceedings as are provided to the superintendent under that code, except as otherwise provided in the Group Self-Insurance Act. F. In the event of the liquidation of a group, the director shall levy an assessment upon its members for such an amount as the director determines to be necessary to discharge all liabilities of the group, including the reasonable cost of liquidation. History: Laws 1986, ch. 22, § 94; 1990 (2nd S.S.), ch. 2, § 79. ANNOTATIONSCross references. — For the Insurance Code, see 59A-1-1 NMSA 1978 and notes thereto. The 1990 (2nd S.S.) amendment, effective January 1, 1991, substituted "director" for "superintendent" throughout the section and inserted "to the superintendent" in Subsection E.
NM Stat § 52-6-21 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 6 - Group Self-Insurance|Section 52-6-21 - Monetary penalties.

After notice and opportunity for a hearing, the director may impose a monetary penalty on any person or group found to be in violation of any provision of the Group Self-Insurance Act or of any rules or regulations promulgated thereunder. The monetary penalty shall not exceed one thousand dollars ($1,000) for each act or violation and shall not exceed ten thousand dollars ($10,000) in the aggregate. The amount of the monetary penalty shall be paid to the director for credit to the workers' compensation administration fund. History: Laws 1986, ch. 22, § 95; 1990 (2nd S.S.), ch. 3, § 4. ANNOTATIONSThe 1990 (2nd S.S.) amendment, effective January 1, 1991, substituted "director" for "superintendent" twice and, at the end of the last sentence, substituted "workers' compensation administration fund" for "general fund".
NM Stat § 52-6-22 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 6 - Group Self-Insurance|Section 52-6-22 - Cease and desist orders.

A. After notice and opportunity for a hearing, the director may issue an order requiring a person or group to cease and desist from engaging in an act or practice found to be in violation of any provision of the Group Self-Insurance Act or of any rules or regulations promulgated thereunder. B. Upon a finding, after notice and opportunity for a hearing, that any person or group has violated any cease and desist order, the director may do either or both of the following: (1) impose a monetary penalty of not more than ten thousand dollars ($10,000) for each and every act or violation of such order not to exceed an aggregate monetary penalty of one hundred thousand dollars ($100,000); and (2) revoke the group's certificate of approval or any insurance license held by the person. History: Laws 1986, ch. 22, § 96; 1990 (2nd S.S.), ch. 2, § 80. ANNOTATIONSThe 1990 (2nd S.S.) amendment, effective January 1, 1991, substituted "director" for "superintendent" in both subsections and "and" for "or" at the end of Subsection B(1).
NM Stat § 52-6-23 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 6 - Group Self-Insurance|Section 52-6-23 - Revocation of certificate of approval.

A. After notice and opportunity for a hearing, the director may revoke a group's certificate of approval if it: (1) is found to be insolvent; (2) fails to pay any premium tax, regulatory fee or assessment or special fund contribution imposed upon it; or (3) fails to comply with any of the provisions of the Group Self-Insurance Act, with any rules or regulations promulgated thereunder or with any lawful order of the director within the time prescribed. B. The director may revoke a group's certificate of approval if, after notice and opportunity for hearing, he finds that: (1) any certificate of approval that was issued to the group was obtained by fraud; (2) there was a material misrepresentation in the application for the certificate of approval; or (3) the group or its administrator has misappropriated, converted, illegally withheld or refused to pay over, upon proper demand, any money that belongs to a member, an employee of a member or a person otherwise entitled to it and that has been entrusted to the group or its administrator in its fiduciary capacities. History: Laws 1986, ch. 22, § 97; 1990 (2nd S.S.), ch. 2, § 81. ANNOTATIONSThe 1990 (2nd S.S.) amendment, effective January 1, 1991, substituted "director" for "superintendent" throughout the section and "has" for "have" at its second occurrence in Subsection B(3).
NM Stat § 52-6-24 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 6 - Group Self-Insurance|Section 52-6-24 - Notice and hearing; appeal.

Notice and hearing required by the provisions of Sections 52-6-21, 52-6-22 and 52-6-23 NMSA 1978 shall be given and held pursuant to the applicable provisions of Chapter 59A, Article 4 NMSA 1978. A party may appeal from an order of the director made after a hearing, pursuant to Section 39-3-1.1 NMSA 1978. History: Laws 1986, ch. 22, § 98; 2003, ch. 259, § 11. ANNOTATIONSThe 2003 amendment, effective June 20, 2003, rewrote this section to the extent that a detailed comparison is impracticable.
NM Stat § 52-6-25 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 6 - Group Self-Insurance|Section 52-6-25 - Rules and regulations.

The director may make rules and regulations necessary to implement the provisions of the Group Self-Insurance Act. History: Laws 1986, ch. 22, § 99; 1990 (2nd S.S.), ch. 2, § 82. ANNOTATIONSThe 1990 (2nd S.S.) amendment, effective January 1, 1991, substituted "director" for "superintendent" and deleted "pursuant to Section 59A-2-9 NMSA 1978" following "Act". Temporary provisions. — Laws 1990 (2nd S.S.), ch. 2, § 147, effective January 1, 1991, provided that all rules and regulations adopted by the superintendent pursuant to the Group Self-Insurance Act shall remain in effect until rules are adopted by the director pursuant to the Group Self-Insurance Act. Applicability. — Laws 1986, ch. 22, § 101 made Laws 1986, Chapter 22, with specific exceptions, applicable to claims for injuries and deaths occurring in occupational diseases manifesting themselves on or after December 1, 1986. All claims filed after December 1, 1986 shall be filed with the director of the workmen's compensation administration.
NM Stat § 52-7-1 to 52-7-6 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 7 - Workers' Compensation Oversight Committee (Repealed.)|Section 52-7-1 to 52-7-6 - Repealed.

ANNOTATIONSRepeals. — Laws 2003, ch. 223, § 3 repealed 52-7-1 to 52-7-6 NMSA 1978, as enacted by Laws 1990 (2nd S.S.), ch. 2, §§ 83 to 88, relating to workers' compensation oversight committee. For provisions of former sections, see the 2002 NMSA 1978 on NMOneSource.com.
NM Stat § 52-8-1 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 8 - Self-Insurers' Guarantee Fund Act|Section 52-8-1 - Short title.

Sections 109 through 120 [52-8-1 to 52-8-12 NMSA 1978] of this act may be cited as the "Self-Insurers' Guarantee Fund Act". History: Laws 1990 (2nd S.S.), ch. 2, § 109. ANNOTATIONSEffective dates. — Laws 1990 (2nd S.S.), ch. 2, § 153 made Laws 1990 (2nd S.S.), ch. 2, § 109 effective January 1, 1991. Compiler's notes. — The phrase "this act" means Laws 1990 (2nd S.S.), ch. 2, §§ 109 through 120 which appear as 52-8-1 to 52-8-12 NMSA 1978. Law reviews. — For survey of 1990-91 workers' compensation law, see 22 N.M.L. Rev. 845 (1992).
NM Stat § 52-8-2 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 8 - Self-Insurers' Guarantee Fund Act|Section 52-8-2 - Purpose.

The purpose of the Self-Insurers' Guarantee Fund Act is to provide a guarantee fund for self-insurers to protect the workers and the families of workers employed by self-insurers who become insolvent. The Self-Insurers' Guarantee Fund Act is designed to help ensure the integrity and financial health of the workers' compensation and occupational disease disablement system as it applies to self-insurers in New Mexico. History: Laws 1990 (2nd S.S.), ch. 2, § 110. ANNOTATIONSEffective dates. — Laws 1990 (2nd S.S.), ch. 2, § 153 made Laws 1990 (2nd S.S.), ch. 2, § 110 effective January 1, 1991.
NM Stat § 52-8-3 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 8 - Self-Insurers' Guarantee Fund Act|Section 52-8-3 - Definitions.

As used in the Self-Insurers' Guarantee Fund Act: A. "benefits" means any benefits to which a worker may be entitled under the provisions of the Workers' Compensation Act [Chapter 52, Article 1 NMSA 1978], the Subsequent Injury Act or the New Mexico Occupational Disease Disablement Law [52-3-1 NMSA 1978]; B. "board" means the board of directors of the self-insurers' guarantee fund commission; C. "commission" means the self-insurers' guarantee fund commission; D. "director" means the director of the workers' compensation administration; E. "fund" means the self-insurers' guarantee fund; F. "insolvent" means that a self-insurer is unable to pay its outstanding lawful obligations as they mature in the regular course of business, as shown both by having an excess of required reserves and other liabilities over assets and by not having sufficient assets to reinsure all outstanding liabilities after paying all accrued claims owed; G. "private employer" means an employer subject to the Workers' Compensation Act or the New Mexico Occupational Disease Disablement Law who is not a public employer or a public hospital employer; H. "public employer" means the state of New Mexico or any of its branches, agencies, departments, boards, instrumentalities or institutions and all school districts and all political subdivisions of the state or any of their agencies, instrumentalities or institutions. "Public employer" does not include a public hospital employer; I. "public hospital employer" means any local, county, district, city-county or other public hospital or public health-related facility, whether operating in wholly or partially owned or leased premises; J. "self-insurer" means a private employer certified by the director as being qualified to be self-insured for workers' compensation purposes. "Self-insurer" does not include a member of a group covered by the Group Self-Insurance Act [Chapter 52, Article 6 NMSA 1978]; and K. "worker" means an individual who is defined to be a "worker" under Section 52-1-16 NMSA 1978 or "employee" under Section 52-3-3 NMSA 1978. History: Laws 1990 (2nd S.S.), ch. 2, § 111. ANNOTATIONSEffective dates. — Laws 1990 (2nd S.S.), ch. 2, § 153 made Laws 1990 (2nd S.S.), ch. 2, § 111 effective January 1, 1991. Compiler's notes. — For the Subsequent Injury Act, see 52-2-1 NMSA 1978 and notes thereto.
NM Stat § 52-8-4 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 8 - Self-Insurers' Guarantee Fund Act|Section 52-8-4 - Scope of act.

Every private, individual certified self-insurer shall be a general member of the commission and shall comply with the provisions of the Self-Insurers' Guarantee Fund Act. History: Laws 1990 (2nd S.S.), ch. 2, § 112. ANNOTATIONSEffective dates. — Laws 1990 (2nd S.S.), ch. 2, § 153 made Laws 1990 (2nd S.S.), ch. 2, § 112 effective January 1, 1991.
NM Stat § 52-8-5 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 8 - Self-Insurers' Guarantee Fund Act|Section 52-8-5 - Self-insurers' guarantee fund commission created; organized as an independent commission; board created; administrative support.

A. The "self-insurers' guarantee fund commission" is created as a nonprofit, independent, public corporation for the purpose of administering the Self-Insurers' Guarantee Fund Act. The commission shall not be considered either a state agency or an insurance company. B. The commission shall have a board of directors which shall consist of five members. Four members shall represent small, medium and large employers, provided that not more than one member shall be from any single employer or industry. The director shall serve, ex officio, as the fifth member. The initial membership of the board shall include four self-insurer representatives appointed by the director. Two of the four self-insurer members originally appointed to the board shall be appointed for an initial term of two years, and two for an initial term of four years. Thereafter, except for the director, members of the board shall serve four-year terms and shall be elected by the general membership of the commission. In the event of a resignation prior to the end of a board member's term, the board shall appoint a replacement to serve the remainder of the term. C. The workers' compensation administration shall provide office space, staff and supplies as is necessary to support the board's operation. D. Each general member of the commission shall have one vote in determining the board membership. History: Laws 1990 (2nd S.S.), ch. 2, § 113. ANNOTATIONSEffective dates. — Laws 1990 (2nd S.S.), ch. 2, § 153 made Laws 1990 (2nd S.S.), ch. 2, § 113 effective January 1, 1991.
NM Stat § 52-8-6 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 8 - Self-Insurers' Guarantee Fund Act|Section 52-8-6 - Board powers and duties; liability.

A. The board may: (1) purchase insurance or reinsurance as is necessary to insure any potential liabilities to the fund; (2) provide for the imposition of assessments to ensure the financial stability of the fund; and (3) adopt bylaws and rules necessary to carry out the functions of the commission. B. Except for intentional acts or acts of gross negligence, neither board members nor general members of the commission shall be liable for their acts or omissions in the administration of the Self-Insurers' Guarantee Fund Act. History: Laws 1990 (2nd S.S.), ch. 2, § 114. ANNOTATIONSEffective dates. — Laws 1990 (2nd S.S.), ch. 2, § 153 made Laws 1990 (2nd S.S.), ch. 2, § 114 effective January 1, 1991.
NM Stat § 52-8-7 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 8 - Self-Insurers' Guarantee Fund Act|Section 52-8-7 - Guarantee fund created; assessment for funding.

A. Each certified self-insurer shall contribute to a fund to be known as the "self-insurers' guarantee fund". The fund shall be used as a last resort to provide benefits to workers and the families of workers of self-insurers who become insolvent and otherwise unable to meet their financial obligations. The board shall determine, subject to approval by the director, when payments may be made from the fund and when a self-insurer becomes insolvent and otherwise unable to meet his financial obligations. B. At the time of the initial certification, each self-insurer shall deposit in the fund an amount equal to one percent of his paid losses for the immediately preceding year or an average of the preceding three years' New Mexico paid losses, whichever is less or, in the event the self-insurer has no previous experience, an amount to be determined by the board and approved by the director. C. After the initial contribution, each certified self-insurer shall continue to make an annual contribution, based on one percent of the previous year's paid losses, for two more years. After three years of consecutive contributions, a certified self-insurer shall no longer be required to pay additional contributions to the fund unless: (1) the director determines that, due to the insolvency of a member of the fund, an additional assessment is necessary to make the fund actuarially sound; or (2) the board determines the need for any special assessment to ensure the financial stability of the fund. D. If, at any time, the fund account balance of the self-insurer exceeds one hundred fifty percent, as calculated in Subsection C of this section, the amount in excess of one hundred fifty percent shall be refunded to the insurer. E. In computing the account balance due, a self-insurer shall be credited with past contributions, including interest earned on those contributions. F. Each self-insurer may be required to contribute additional amounts, as determined by the board and approved by the director, to maintain the financial stability of the fund. The board shall review at least annually the fund account balance and shall assess members as appropriate to maintain an adequate fund balance. Catastrophic losses shall be accounted for by a special assessment on members as determined by the board and approved by the director. G. The assets of the fund are the sole property of the fund; they are not the property of the self-insurers who contribute to the fund. H. The fund shall be maintained at one or more New Mexico financial institutions as determined by the board. The fund shall not be considered public money. History: Laws 1990 (2nd S.S.), ch. 2, § 115. ANNOTATIONSEffective dates. — Laws 1990 (2nd S.S.), ch. 2, § 153 made Laws 1990 (2nd S.S.), ch. 2, § 115 effective January 1, 1991.
NM Stat § 52-8-8 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 8 - Self-Insurers' Guarantee Fund Act|Section 52-8-8 - Fund liability period for guarantee fund.

A. The fund may be used to pay benefits to the worker or legal representative of the worker that are required of the self-insurer who becomes insolvent and otherwise unable to meet his financial obligations, provided that the injury or death occurred on or after January 1, 1992, or, in the case of an occupational disease, that the last injurious exposure occurred on or after January 1, 1992. B. Notwithstanding the provisions of Subsection A of this section, the fund may only be used to pay benefits to an injured worker if the worker's injury occurs after the date on which the self-insurer is certified and has made a contribution to the fund. History: Laws 1990 (2nd S.S.), ch. 2, § 116. ANNOTATIONSEffective dates. — Laws 1990 (2nd S.S.), ch. 2, § 153 made Laws 1990 (2nd S.S.), ch. 2, § 116 effective January 1, 1991.