reglab/housing_qa huggingface dataset:
NM Stat § 22-11-33 (2021)
2021 New Mexico Statutes|Chapter 22 - Public Schools|Article 11 - Educational Retirement|Section 22-11-33 - Earned service credit.

A. Upon a member filing an application for retirement or disability benefits, earned service credit for the time of contributory employment shall be certified by the director and subject to the review of the board. B. A member shall be certified to have earned service credit for that period of time when the member was engaged in prior employment. Earned service credit shall not be certified for that period of employment for which the contributions have been withdrawn from the fund by the member. C. Earned service credit shall be certified for periods of employment interrupted for some cause other than retirement or disability. This shall be done if a member withdrawing contributions from the fund for this period returns to the fund, for each year of earned service credit desired, a sum equal to the member's contribution to the fund during this period and an additional sum as interest compounded annually from the date the contributions were withdrawn to the date of payment of the amount of returned contributions at the rate of interest set by the board. History: 1953 Comp., § 77-9-33, enacted by Laws 1967, ch. 16, § 156; 2003, ch. 39, § 9; 2017, ch. 21, § 13. ANNOTATIONSCross references. — For reciprocal service credits under Public Employees Retirement Reciprocity Act, see 10-13A-4 NMSA 1978. The 2017 amendment, effective June 16, 2017, removed the provision that allowed the educational retirement board to accept installment payments for allowed service credit; in Subsection B, after "period of time when", deleted "he" and added "the member"; and in Subsection C, deleted the last sentence of the section which provided "These payments may be made in installments, and, if the payments made to the fund are insufficient for the restoration of any full year of earned service credit, the member shall be certified to have acquired earned service credit for that period of time which is proportionate to the payments made.". The 2003 amendment, effective June 20, 2003, substituted "set by the board" for "earned by the fund during the five-year period immediately preceding the application for the earned service-credit" following "rate of interest" near the middle of Subsection C.
NM Stat § 22-11-34.1 (2021)
2021 New Mexico Statutes|Chapter 22 - Public Schools|Article 11 - Educational Retirement|Section 22-11-34.1 - Sick leave service credit.

A. Beginning on July 1, 2020, a member who has acquired the minimum number of years of contributory employment to be eligible for retirement benefits under the Educational Retirement Act may pay to have unused sick leave, earned from the member's contributory employment and for which the member has otherwise not received payment, converted to earned service credit, up to a maximum of:(1) six days of unused sick leave per year of contributory employment; and(2) four calendar quarters of earned service credit.B. The following standards apply to the conversion of unused sick leave to earned service credit under this section:(1) eight hours of sick leave equals one day of sick leave;(2) thirty-eight to eighty-two days of sick leave equals one quarter of earned service credit;(3) eighty-three to one hundred twenty-seven days of sick leave equals two quarters of earned service credit;(4) one hundred twenty-eight to one hundred seventy-two days of sick leave equals three quarters of earned service credit; and(5) one hundred seventy-three or more days of sick leave equals four quarters of service credit.C. A member who elects to convert unused sick leave to earned service credit under this section shall, in accordance with rules that the board shall establish, submit to the board verification from local administrative units of the member's unused sick leave.D. The cost to a member of converting unused sick leave to earned service credit is the actuarial present value, as determined by the board, of the benefit attributable to the conversion. The board shall establish rules pertaining to payments for converting unused sick leave to earned service credit. History: Laws 2019, ch. 31, § 1. ANNOTATIONSEffective dates. — Laws 2019, ch. 31, § 2 made Laws 2019, ch. 31 effective July 1, 2020.
NM Stat § 22-11-35 (2021)
2021 New Mexico Statutes|Chapter 22 - Public Schools|Article 11 - Educational Retirement|Section 22-11-35 - Disability benefit; eligibility; medical examination.

A. A member shall be eligible for disability benefits if the member has acquired ten years or more of earned service credit and if the board certifies the member to be totally disabled to continue the member's employment and unable to obtain and retain other gainful employment commensurate with the member's background, education and experience. B. Prior to any certification of disability by the board, the board shall require each applicant for disability benefits to submit medical records as required by the board in support of the applicant's disability claim. History: 1953 Comp., § 77-9-35, enacted by Laws 1967, ch. 16, § 158; 2017, ch. 21, § 15. ANNOTATIONSThe 2017 amendment, effective June 16, 2017, removed the provision that required applicants for disability benefits to submit to a medical examination by a doctor approved by the educational retirement board, and required applicants for disability benefits to submit his or her medical records in support of the applicant's disability claim; in Subsection A, substituted "the member" for "he" or "his" throughout the subsection, and after "earned", changed "service-credit" to "service credit"; and in Subsection B, after "submit", deleted "himself to a medical examination by the medical authority" and added "medical records as required by the board in support of the applicant's disability claim". Scope of board's authority. — The legislature, through this section has granted the board the authority to award disability benefits if certain requirements are met. If the board certifies the eligible member to be totally disabled, the board must award benefits. Once the determination of total disability is made, it is the duty of the board to certify the member as disabled. There is nothing in this grant of authority which authorizes the board to refuse to accept an application for disability if the applicant continues to hold a property interest in a bus contract. Gonzales v. N.M. Educ. Retirement Bd., 1990-NMSC-024, 109 N.M. 592, 788 P.2d 348, cert. denied, 498 U.S. 818, 111 S. Ct. 61, 112 L. Ed. 2d 36 (1990).
NM Stat § 22-11-37 (2021)
2021 New Mexico Statutes|Chapter 22 - Public Schools|Article 11 - Educational Retirement|Section 22-11-37 - Disability benefit.

A. The annual disability benefit shall be equal to two percent of the member's average annual salary multiplied by the number of years of the member's total service-credit if the result is greater than one-third of the member's average annual salary. If the result of that formula is less than one-third of the member's average annual salary, the annual disability benefit shall be equal to the lesser of the following amounts: (1) two percent of the member's average annual salary multiplied by the sum of the member's total service-credit plus the number of years, calculated to the nearest completed quarter, from the effective date of the member's disability to the member's sixtieth birthday; or (2) one-third of the member's average annual salary. B. A member's average annual salary for the purpose of computing disability benefits shall be the average salary for the last five years of employment or for any other consecutive five-year period for which contribution was made by the member, whichever is higher. C. The annual disability benefit shall be paid in equal monthly installments. History: 1953 Comp., § 77-9-37, enacted by Laws 1967, ch. 16, § 160; 1973, ch. 350, § 1; 1991, ch. 140, § 4. ANNOTATIONSThe 1991 amendment, effective June 14, 1991, in Subsection A, substituted "two percent" for "one and one-half percent" in the first sentence and in Paragraph (1); inserted "annual" preceding "salary" in Subsection B; and made minor stylistic changes in Subsections A and B.
NM Stat § 22-11-38 (2021)
2021 New Mexico Statutes|Chapter 22 - Public Schools|Article 11 - Educational Retirement|Section 22-11-38 - Disability retirement.

A member receiving disability benefits upon attaining the age of sixty years shall be considered as retiring pursuant to the Educational Retirement Act at the rate of benefits received for the disability. History: 1953 Comp., § 77-9-38, enacted by Laws 1967, ch. 16, § 161.
NM Stat § 22-11-39 (2021)
2021 New Mexico Statutes|Chapter 22 - Public Schools|Article 11 - Educational Retirement|Section 22-11-39 - Report of improved health; penalty.

A. A member receiving disability benefits shall report to the director in writing any substantial improvement in the member's disability within thirty days after the member has or reasonably should have knowledge of the improvement. B. A member failing to report to the director as required by this section is guilty of a petty misdemeanor. History: 1953 Comp., § 77-9-39, enacted by Laws 1967, ch. 16, § 162; 2017, ch. 21, § 17. ANNOTATIONSCross references. — For requirement of reports and examinations of members receiving disability benefits generally, see 22-11-36 NMSA 1978. The 2017 amendment, effective June 16, 2017, in Subsection A, after "improvement in", deleted "his" and added "the member's", after "thirty days after", deleted "he" and added "the member"; and in Subsection B, after "petty", changed "misdeameanor" to "misdemeanor".
NM Stat § 22-11-40 (2021)
2021 New Mexico Statutes|Chapter 22 - Public Schools|Article 11 - Educational Retirement|Section 22-11-40 - Restoration to fund.

If a member is obligated to restore any sum of money to the fund and fails or refuses to do so for a period of three months after written demand is made by the director, the member shall forfeit membership and receive no further benefits pursuant to the Educational Retirement Act. The director shall determine whether the former member's contributions to the fund exceed the total amount of disability or retirement benefits the member has received and shall withdraw from any such balance of contributions the amount of money the member is obligated to restore to the fund. Any balance of the contribution remaining in the fund shall be paid to the former member or the former member's beneficiary. In the event the money the former member is obligated to restore to the fund is not restored to the fund, the former member shall be subject to civil action by the board for its recovery. History: 1953 Comp., § 77-9-40, enacted by Laws 1967, ch. 16, § 163; 2017, ch. 21, § 18. ANNOTATIONSCross references. — For suspension of benefits upon failure to file certificate of reexamination, see 22-11-36 NMSA 1978. The 2017 amendment, effective June 16, 2017, removed the provision related to the suspension of disability benefits for the failure of a member to make a required report; in the catchline, deleted "Reports"; deleted Subsection A, which related to the suspension of disability benefits for the failure of a member to make a required report, and deleted the subsection designation "B."; in the undesignated paragraph, after "director", deleted "he" and added "the member", after "forfeit", deleted "his", after "disability or retirement benefits", deleted "he" and added "the member", and after "former member or", deleted "his" and added "the former member's".
NM Stat § 22-11-41 (2021)
2021 New Mexico Statutes|Chapter 22 - Public Schools|Article 11 - Educational Retirement|Section 22-11-41 - Repealed.

ANNOTATIONSRepeals. — Laws 1993, ch. 69, § 11 repealed 22-11-41 NMSA 1978, as enacted by Laws 1967, ch. 16, § 164, relating to prohibitions on insurance and continued eligibility after retirement, effective June 18, 1993. For provisions of former section, see the 1992 NMSA 1978 on NMOneSource.com.
NM Stat § 22-11-43 (2021)
2021 New Mexico Statutes|Chapter 22 - Public Schools|Article 11 - Educational Retirement|Section 22-11-43 - Insurance or banking laws inapplicable.

In the absence of specific provisions to the contrary, no law of this state regulating insurance policies, insurance companies or banking institutions shall apply to the administration of the Educational Retirement Act. History: 1953 Comp., § 77-9-43, enacted by Laws 1967, ch. 16, § 166.
NM Stat § 22-11-44 (2021)
2021 New Mexico Statutes|Chapter 22 - Public Schools|Article 11 - Educational Retirement|Section 22-11-44 - Saving clause; retirement benefits; disability benefits.

A. Any person retired pursuant to the provisions of any laws repealed by the Educational Retirement Act shall be considered to have retired pursuant to the Educational Retirement Act and shall continue to receive retirement benefits in the same amount as received prior to the enactment of the Educational Retirement Act. B. Any person receiving disability benefits pursuant to any laws repealed by the Educational Retirement Act shall continue to receive disability benefits in the same amount as received prior to the enactment of the Educational Retirement Act and shall be considered to have been granted disability benefits pursuant to and be subject to the provisions of the Educational Retirement Act. C. Nothing in the Educational Retirement Act shall be construed to adversely affect any benefits being paid pursuant to any laws repealed by the Educational Retirement Act or any laws establishing the public employees retirement association. D. No person who was covered under the provisions of any statute repealed by the Educational Retirement Act shall be retired at a monthly benefit that is less than the person would have received had the person's employment continued to be performed under such repealed provisions. History: 1953 Comp., § 77-9-44, enacted by Laws 1967, ch. 16, § 167; 2017, ch. 21, § 19. ANNOTATIONSThe 2017 amendment, effective June 16, 2017, made technical changes; in Subsection C, after "public employees retirement association", deleted "of New Mexico"; and in Subsection D, after "No person who was", deleted "heretofore", after "monthly benefit", deleted "which" and added "that", after "less than", deleted "he" and added "the person", and after "received had", deleted "his" and added "the person's".
NM Stat § 22-11-44.1 (2021)
2021 New Mexico Statutes|Chapter 22 - Public Schools|Article 11 - Educational Retirement|Section 22-11-44.1 - Repealed.

ANNOTATIONSRepeals. — Laws 1993, ch. 69, § 11 repealed 22-11-44.1 NMSA 1978, as enacted by Laws 1982, ch. 37, § 2, relating to the transfer of assets of the New Mexico activities association, effective June 18, 1993. For provisions of former section, see the 1992 NMSA 1978 on NMOneSource.com.
NM Stat § 22-11-45 (2021)
2021 New Mexico Statutes|Chapter 22 - Public Schools|Article 11 - Educational Retirement|Section 22-11-45 - Repealed.

History: 1953 Comp., § 77-9-45, enacted by Laws 1967, ch. 16, § 168; repealed by Laws 2017, ch. 21, § 20.ANNOTATIONSRepeals. — Laws 2017, ch. 21, § 20 repealed 22-11-45 NMSA 1978, as enacted by Laws 1967, ch. 16, § 168, relating to elections of the public employees retirement association, payment of contributions, effective June 16, 2017. For provisions of former section, see the 2016 NMSA 1978 on NMOneSource.com.
NM Stat § 22-11-48 (2021)
2021 New Mexico Statutes|Chapter 22 - Public Schools|Article 11 - Educational Retirement|Section 22-11-48 - Alternative retirement plan; contributory employment.

A. Contributions made by a qualifying state educational institution on behalf of a participant together with any interest accrued on those contributions shall be credited to the benefit of the participant and shall be distributed or treated as agreed upon between the contractor or carrier providing the alternative retirement plan benefits and the board. B. Contributions of a participant who terminates employment together with any applicable interest accrued on those contributions shall remain the property of the participant and the contributions, interest and any benefits based on them shall be treated as agreed upon between the contractor or carrier providing the alternative retirement plan benefits and the board. History: 1978 Comp., § 22-11-48, enacted by Laws 1991, ch. 118, § 6.
NM Stat § 22-11-50 (2021)
2021 New Mexico Statutes|Chapter 22 - Public Schools|Article 11 - Educational Retirement|Section 22-11-50 - Alternative retirement plan; tax treatment.

The board shall have the authority to determine whether the alternative retirement plan shall be qualified under Section 401(a) or 403(a) of the Internal Revenue Code of 1986, as amended, and shall make that determination based upon which choice is most advantageous to the participants as a whole. History: 1978 Comp., § 22-11-50, enacted by Laws 1991, ch. 118, § 8. ANNOTATIONSCross references. — For Sections 401(a) and 403(a) of the Internal Revenue Code, see 26 U.S.C. §§ 401(a) and 403(a), respectively.
NM Stat § 22-11-51 (2021)
2021 New Mexico Statutes|Chapter 22 - Public Schools|Article 11 - Educational Retirement|Section 22-11-51 - Alternative retirement plans; benefits; transfer upon unemployment.

A. No retirement, death or other benefit shall be paid by the board from the fund for services credited under the alternative retirement plan. Such benefits are payable to participants or their beneficiaries only by the appropriate alternative retirement plan contractor or carrier in accordance with the terms of the applicable contracts or certificates; provided, however, that retirement benefits shall, at the option of the participant, be paid in the form of a lifetime income, if held in an annuity contract; payments for a term of years; or a single-sum cash payment. B. Upon termination of employment with a qualifying state educational institution, a participant may transfer or roll over the account balance to another eligible retirement plan or may withdraw the balance as permitted for a plan qualified under Section 401(a) of the Internal Revenue Code of 1986. History: 1978 Comp., § 22-11-51, enacted by Laws 1991, ch. 118, § 9; 1999, ch. 261, § 4; 2009, ch. 9, § 2. ANNOTATIONSCross references. — For Section 401(a)(17) of the federal Internal Revenue Code, see 26 U.S.C. § 401(a). The 2009 amendment, effective March 18, 2009, in Subsection A, gives a participant the option to have benefits paid in the form of a lifetime income if the benefit is held in an annuity contract, payments for a term of years, or a single-sum cash payment; and added Subsection B. The 1999 amendment, effective June 18, 1999, purported to amend this section but made no change.
NM Stat § 22-11-53 (2021)
2021 New Mexico Statutes|Chapter 22 - Public Schools|Article 11 - Educational Retirement|Section 22-11-53 - Correction of errors and omissions; estoppel.

A. If an error or omission in an application for retirement or its supporting documents results in an overpayment to a member or the beneficiary of a member, the board shall correct the error or omission and adjust all future payments accordingly. The board shall recover all overpayments that are made. B. A member or the beneficiary of a member who is paid more than the amount he is owed because he provided fraudulent information on his application for retirement shall be liable for the repayment of that amount to the fund, interest on that amount at the rate set by the board and costs of collection, including attorney fees. Recovery of overpayments shall extend back to the date of the first payment that was made based on fraudulent information. C. The board shall not be estopped from acting in accordance with applicable statutes because of statements of fact or law made by the board or its employees. History: Laws 1998, ch. 38, § 2.
NM Stat § 22-11-54 (2021)
2021 New Mexico Statutes|Chapter 22 - Public Schools|Article 11 - Educational Retirement|Section 22-11-54 - Disclosure of third-party marketers; penalty.

A. The board shall not make any investment, other than investments in publicly traded equities or publicly traded fixed-income securities, unless the recipient of the investment discloses the identity of any third-party marketer who rendered services on behalf of the recipient in obtaining the investment and also discloses the amount of any fee, commission or retainer paid to the third-party marketer for the services rendered. B. Information disclosed pursuant to Subsection A of this section shall be included in the quarterly performance reports of the board. C. Any person who knowingly withholds information required by Subsection A of this section is guilty of a fourth degree felony and shall be punished by a fine of not more than twenty thousand dollars ($20,000) or by imprisonment for a definite term not to exceed eighteen months or both. D. As used in this section, "third-party marketer" means a person who, on behalf of an investment fund manager or other person seeking an investment from the fund and under a written or implied agreement, receives a fee, commission or retainer for such services from the person seeking an investment from the fund. History: Laws 2009, ch. 152, § 3. ANNOTATIONSEffective dates. — Laws 2009, ch. 152 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
NM Stat § 22-11-55 (2021)
2021 New Mexico Statutes|Chapter 22 - Public Schools|Article 11 - Educational Retirement|Section 22-11-55 - Disclosure of member or retired member information; penalty.

A. Other than names of members and local administrative units by which a member was employed; dates of employment, retirement and reported death; service credit; reported salary; retirement and disability benefits; and amounts of contributions made by members and local administrative units, neither the board nor its employees or contractors shall allow public inspection or disclosure of any information regarding a member or retired member to anyone except: (1) the member, retired member or the spouse or authorized representative of the member or retired member; (2) other persons specifically identified in a prior release and consent, in the form prescribed by the board, executed by the member, retired member, spouse or authorized representative; or (3) the attorney general, appropriate law enforcement agencies, the state auditor or the public education department or higher education department, if the information provided relates to contributions, payments or management of money received by, or the financial controls or procedures of, a local administrative unit. B. No person receiving information disclosed by a violation of Subsection A of this section shall disclose that information to any other person unless authorized by an applicable confidentiality agreement, board rule or state law. C. Whoever knowingly violates a provision of Subsection A or B of this section is guilty of a petty misdemeanor and shall be sentenced in accordance with Section 31-19-1 NMSA 1978. History: Laws 2009, ch. 240, § 1; 2009, ch. 248, § 1; 2010, ch. 60, § 1. ANNOTATIONSThe 2010 amendment, effective May 19, 2010, in Subsection A, after "reported salary", added "retirement and disability benefits".
NM Stat § 22-12-1 (2021)
2021 New Mexico Statutes|Chapter 22 - Public Schools|Article 12 - Compulsory School Attendance (Repealed.)|Section 22-12-1 - Repealed.

History: 1953 Comp., § 77-10-1, enacted by Laws 1967, ch. 16, § 169; 2003, ch. 153, § 55; repealed by Laws 2019, ch. 223, § 17. ANNOTATIONSRepeals. — Laws 2019, ch. 223, § 17 repealed 22-12-1 NMSA 1978, as enacted by Laws 1967, ch. 16, § 169, relating to short title, effective June 14, 2019. For provisions of former section, see the 2018 NMSA 1978 on NMOneSource.com.