reglab/housing_qa huggingface dataset:
NM Stat § 22-11-5.1 (2021)
2021 New Mexico Statutes|Chapter 22 - Public Schools|Article 11 - Educational Retirement|Section 22-11-5.1 - Restrictions on receipt of gifts.

Except for gifts of food or beverage given in a place of public accommodation, consumed at the time of receipt, not exceeding fifty dollars ($50.00) for a single gift and the aggregate value of which gifts may not exceed one hundred fifty dollars ($150) in a calendar year, neither a board member nor an employee of the board shall receive or accept anything of value directly or indirectly from a person who: A. has a current contract with the board; B. is a potential bidder, offeror or contractor for the provision of services or personal property to the board; C. is authorized to invest public funds pursuant to state or federal law or is an employee or agent of such a person; or D. is an organization, association or other entity having a membership that includes persons described in Subsections A through C of this section. History: Laws 1999, ch. 153, § 2; 2017, ch. 21, § 3. ANNOTATIONSThe 2017 amendment, effective June 16, 2017, made technical changes; in the catchline, deleted "restriction on campaign contribution; required reporting"; redesignated former Paragraphs A(1) through A(4) as Subsections A through D, respectively; in Subsection A, after "with the", deleted "retirement", and deleted "or association"; in Subsection B, after "property to the", deleted "retirement", and deleted "or association"; and in Subsection D, after "described in", deleted "Paragraphs (1) through (3) of this subsection" and added "Subsections A through C of this section".
NM Stat § 22-11-7 (2021)
2021 New Mexico Statutes|Chapter 22 - Public Schools|Article 11 - Educational Retirement|Section 22-11-7 - Educational retirement director; bond.

A. The board shall employ an educational retirement director. The director shall be the administrative officer for the board in carrying out the provisions of the Educational Retirement Act and shall have those additional duties provided in the rules of the board. B. Before assuming the duties of office, the director shall obtain an official bond payable to the fund and conditioned upon the faithful performance of the director's duties during the director's term of office. The bond shall be executed by a corporate surety company authorized to do business in this state. The amount of the bond shall be not less than twenty-five thousand dollars ($25,000). The board may elect to obtain a schedule or blanket corporate surety bond covering the director and employees of the board for any period not exceeding four years. The cost of a bond obtained pursuant to this section shall be paid from the fund. Any bond obtained shall be approved by the board and filed with the secretary of state. History: 1953 Comp., § 77-9-7, enacted by Laws 1967, ch. 16, § 131; 2017, ch. 21, § 5. ANNOTATIONSCross references. — For official bonds of state officers and employees, see the Surety Bond Act, 10-2-13 NMSA 1978. The 2017 amendment, effective June 16, 2017, made technical changes; in Subsection A, after "provided in the", deleted "regulations" and added "rules"; and in Subsection B, substituted "the director's" for "his" throughout the subsection, and after "director and employees of the", deleted "division" and added "board".
NM Stat § 22-11-8 (2021)
2021 New Mexico Statutes|Chapter 22 - Public Schools|Article 11 - Educational Retirement|Section 22-11-8 - Medical authority; fees.

A. The board shall employ the services of a medical authority. The medical authority may examine, make reports of and certify the medical condition of applicants for and recipients of disability benefits pursuant to the Educational Retirement Act. B. The board shall pay the medical authority a reasonable fee for professional services. History: 1953 Comp., § 77-9-8, enacted by Laws 1967, ch. 16, § 132; 2017, ch. 21, § 6. ANNOTATIONSThe 2017 amendment, effective June 16, 2017, removed the provision regarding mandatory medical examinations of applicants for and recipients of disability benefits; in Subsection A, after "The medical authority", deleted "shall" and added "may", after "make reports", added "of", and after "certify the", deleted "physical" and added "medical"; and in Subsection B, after "reasonable fee for", deleted "his".
NM Stat § 22-11-9 (2021)
2021 New Mexico Statutes|Chapter 22 - Public Schools|Article 11 - Educational Retirement|Section 22-11-9 - Actuary; fees.

A. The board shall employ the services of an actuary. The actuary shall prepare a table of actuarial equivalents for use of the board and the director in computing the value of advanced, deferred or optional payment of benefits pursuant to the Educational Retirement Act. The actuary shall also study the financial operations of the Educational Retirement Act and shall make written reports thereon to the board. B. The board shall pay the actuary a reasonable fee for professional services. C. Unless otherwise required by the governmental accounting standards board of the American institute of certified public accountants, an actuarial report shall be conducted at least once every three years. History: 1953 Comp., § 77-9-9, enacted by Laws 1967, ch. 16, § 133; 2003, ch. 39, § 3; 2017, ch. 21, § 7. ANNOTATIONSThe 2017 amendment, effective June 16, 2017, in Subsection B, after "reasonable fee for", deleted "his". The 2003 amendment, effective June 20, 2003, added Subsection C.
NM Stat § 22-11-10 (2021)
2021 New Mexico Statutes|Chapter 22 - Public Schools|Article 11 - Educational Retirement|Section 22-11-10 - Salaries; fees; expenditures.

A. The amount of salaries and fees to be paid by the board shall be fixed by the regulations of the board. B. Salaries and fees paid, and all other necessary expenditures of the board, shall be paid out of the fund unless otherwise provided by law. History: 1953 Comp., § 77-9-10, enacted by Laws 1967, ch. 16, § 134.
NM Stat § 22-11-11 (2021)
2021 New Mexico Statutes|Chapter 22 - Public Schools|Article 11 - Educational Retirement|Section 22-11-11 - Educational retirement fund; suspense fund.

A. The "educational retirement fund" and the "educational retirement suspense fund" are created. B. The state treasurer shall be the custodian of the funds, and the board shall be the trustee of the funds. C. All membership fees, contributions from members and local administrative units, securities evidencing the investment of money from the fund, interest, gifts, grants or bequests shall be deposited in the educational retirement fund. D. All amounts received in satisfaction of a claim brought by private attorneys on behalf of the board shall be deposited into the educational retirement suspense fund. The board shall disburse the compensation due the private attorneys, together with reimbursement for reasonable costs and expenses, in accordance with the terms of the contract with the attorneys. After the disbursements have been made, the balance of each deposit shall be distributed to the educational retirement fund. History: 1953 Comp., § 77-9-11, enacted by Laws 1967, ch. 16, § 135; 2011, ch. 157, § 2. ANNOTATIONSThe 2011 amendment, effective June 17, 2011, created the educational retirement suspense fund for deposit of funds received in satisfaction of claims brought by private attorneys and payment of attorney fees and cost.
NM Stat § 22-11-12 (2021)
2021 New Mexico Statutes|Chapter 22 - Public Schools|Article 11 - Educational Retirement|Section 22-11-12 - Fund; suspense fund; disbursements.

The state treasurer shall make disbursements from the educational retirement fund or the educational retirement suspense fund only on warrants issued by the department of finance and administration or through any other process as approved by the department of finance and administration. Warrants for disbursements from the educational retirement fund or the educational retirement suspense fund shall be issued by the department of finance and administration only upon voucher of the director. History: 1953 Comp., § 77-9-12, enacted by Laws 1967, ch. 16, § 136; 1993, ch. 69, § 2; 2011, ch. 157, § 3. ANNOTATIONSThe 2011 amendment, effective June 17, 2011, authorized the state treasurer to make disbursements from the educational retirement fund or the educational retirement suspense fund only on warrants or through another approved process. The 1993 amendment, effective June 18, 1993, added the language beginning "or through any other process" at the end of the first sentence.
NM Stat § 22-11-14 (2021)
2021 New Mexico Statutes|Chapter 22 - Public Schools|Article 11 - Educational Retirement|Section 22-11-14 - Fund; restrictions.

A. No member of the board or employee of the board shall have any interest, directly or indirectly, in the gains or profits of any investments made by the board, except for regular salaries and per diem and mileage allowances authorized pursuant to the Educational Retirement Act. B. No member of the board or employee of the board shall, directly or indirectly for himself or as an agent or partner for others, borrow from the fund or deposits of the board, or in any manner use the fund or deposits except to make current and necessary disbursements authorized by the board. C. No member of the board or employee of the board shall become an endorser or surety or become in any manner an obligor for moneys loaned or borrowed by the board. History: 1953 Comp., § 77-9-14, enacted by Laws 1967, ch. 16, § 138. ANNOTATIONSCross references. — For compensation of members of board, see 22-11-5 NMSA 1978. For payment of salaries and fees by board, see 22-11-10 NMSA 1978.
NM Stat § 22-11-15 (2021)
2021 New Mexico Statutes|Chapter 22 - Public Schools|Article 11 - Educational Retirement|Section 22-11-15 - Fund; refunds; payments.

A. After filing written demand with the director, a member is entitled to a refund of the total amount of the member's contributions plus interest at a rate set by the board, reduced by the sum of any disability benefits previously received by the member, if: (1) the member terminates employment for reasons other than by retirement, disability or death; (2) the member has exempted himself from the Educational Retirement Act; or (3) the member was not reemployed following a period of disability during which he received disability benefits. B. The director may, at the request of a member, make payment on behalf of the member for any or all of the refund to an individual retirement account or a qualified retirement plan that accepts rollovers. C. If the amount of a deceased member's contribution or residual contribution does not exceed the sum of one thousand dollars ($1,000) and no written claim is made to the board for it within one year from the date of the member's death, by his surviving beneficiary or the member's estate, payment thereof may be made to the named beneficiary or, if none is named, to the person the board determines to be entitled to the contribution under the laws of New Mexico. Any payment made by the board pursuant to this subsection shall be a bar to a claim by any other person. D. The interest provided for in Subsection A of this section shall apply only to contributions paid to the fund after July l, 1971 and on deposit in the fund for a period of at least one fiscal year; provided that no such interest shall be allowed on refunds of contributions that were paid into the fund prior to July 1, 1971. History: 1953 Comp., § 77-9-15, enacted by Laws 1967, ch. 16, § 139; 1971, ch. 12, § 1; 1984, ch. 19, § 1; 1993, ch. 69, § 4; 2003, ch. 39, § 4. ANNOTATIONSCross references. — For payment of benefits upon death during reemployment, see 22-11-26 NMSA 1978. For retirement benefit options, see 22-11-29 NMSA 1978. For disability benefits, see 22-11-35 to 22-11-40 NMSA 1978. The 2003 amendment, effective June 20, 2003, substituted "set by the board" for "equal to seventy-five percent of the average rate earned by the fund during the five fiscal years preceding the fiscal year of refund" near the middle of Subsection A. The 1993 amendment, effective June 18, 1993, added present Subsection B; redesignated former Subsections B and C as Subsections C and D; and made a minor stylistic change.
NM Stat § 22-11-16 (2021)
2021 New Mexico Statutes|Chapter 22 - Public Schools|Article 11 - Educational Retirement|Section 22-11-16 - Regular membership.

Except as otherwise provided in the Educational Retirement Act, being a regular member shall be a condition of employment and shall exclude membership and participation in any other state retirement program. History: 1953 Comp., § 77-9-16, enacted by Laws 1967, ch. 16, § 140. ANNOTATIONSCross references. — For optional coverage of persons qualified to be regular members and covered by retirement program for federal civil service employees, see 22-11-19 NMSA 1978. Retired legislator entitled to benefits from educational and public employees' retirement systems. — Since when a legislator is retired and no longer an employee he is not, pursuant to Section 22-11-2 NMSA 1978, a "regular member" under the Education Retirement Act and is not excluded from membership and participation in another state retirement program by this section, therefore he may receive benefits from both the educational retirement system and the public employees' retirement system. 1979 Op. Att'y Gen. No. 79-05. Public employees retirement association. — Full-time city public school teacher who was a member of the educational retirement system, and who was simultaneously employed on a part-time basis by the city, was not required to be a member of the public employees retirement association. 1988 Op. Att'y Gen. No. 88-70.
NM Stat § 22-11-16.1 (2021)
2021 New Mexico Statutes|Chapter 22 - Public Schools|Article 11 - Educational Retirement|Section 22-11-16.1 - Regular membership continuation of certain transferred employees.

Notwithstanding Subparagraph (b) of Paragraph (1) of Subsection B of Section 22-11-2 NMSA 1978, a regular member who is an employee of a local administrative unit that is a state educational institution named in Article 12, Section 11 of the constitution of New Mexico and who transfers to a general hospital or outpatient clinics of that hospital operated by the local administrative unit will have the option to continue his regular membership rather than become a member of a retirement plan offered by the general hospital or outpatient clinics of that hospital. The option shall be exercised by filing a written election with both the educational retirement director and the designated officer of the local administrative unit. This election shall be made within sixty days after the effective date of the regular member's transfer and shall be irrevocable as long as the employee is employed by the general hospital or outpatient clinics of that hospital operated by the local administrative unit. History: 1978 Comp., § 22-11-16.1, enacted by Laws 1999, ch. 290, § 1.
NM Stat § 22-11-16.2 (2021)
2021 New Mexico Statutes|Chapter 22 - Public Schools|Article 11 - Educational Retirement|Section 22-11-16.2 - Substitutes; membership status.

An employee engaged on a day-to-day basis to replace another employee who is temporarily absent shall be considered a substitute and shall not be covered under the Educational Retirement Act. An employee engaged to fill a vacant position, including a position vacated by a leave of absence of at least ninety days, shall not be considered a substitute and is subject to the requirements of the Educational Retirement Act. History: Laws 2019, ch. 258, § 7; repealed and reenacted by Laws 2020, ch. 10, § 2.ANNOTATIONSRepeals and reenactments. — Laws 2020, ch. 10, § 2 repealed former 22-11-16.2 NMSA 1978, and enacted a new section, effective May 20, 2020.
NM Stat § 22-11-18 (2021)
2021 New Mexico Statutes|Chapter 22 - Public Schools|Article 11 - Educational Retirement|Section 22-11-18 - Repealed.

History: 1953 Comp., § 77-9-17.1, enacted by Laws 1971, ch. 73, § 1; repealed by Laws 2017, ch. 21, § 20.ANNOTATIONSRepeals. — Laws 2017, ch. 21, § 20 repealed 22-11-18 NMSA 1978, as enacted by Laws 1971, ch. 73, § 1, relating to provisional members employed after July 1, 1971, effective June 16, 2017. For provisions of former section, see the 2016 NMSA 1978 on NMOneSource.com.
NM Stat § 22-11-19 (2021)
2021 New Mexico Statutes|Chapter 22 - Public Schools|Article 11 - Educational Retirement|Section 22-11-19 - Regular or provisional membership; optional coverage.

A. Any person qualified to be a regular or provisional member covered by a retirement program established for federal civil service employees shall have six months after the commencement of employment to file a written notice with the director of his election not to be covered by the Educational Retirement Act. If the person so elects, he may withdraw any contributions made pursuant to the Educational Retirement Act. B. Any person qualified to be a regular or provisional member and who was employed by a regional education cooperative on July 1, 1993 shall have the right to exempt himself from Educational Retirement Act coverage within thirty days and such exemption shall be irrevocable as long as the person is employed by a regional cooperative. History: 1953 Comp., § 77-9-18, enacted by Laws 1967, ch. 16, § 142; 1993, ch. 232, § 8. ANNOTATIONSThe 1993 amendment, effective July 1, 1993, designated the formerly undesignated provisions as Subsection A and added Subsection B.
NM Stat § 22-11-19.1 (2021)
2021 New Mexico Statutes|Chapter 22 - Public Schools|Article 11 - Educational Retirement|Section 22-11-19.1 - [Exemption of certain participants covered under Comprehensive Employment and Training Act.]

All participants covered under the Comprehensive Employment and Training Act (Public Law 95-524) are exempt from coverage under the Educational Retirement Act, effective July 1, 1979, except for those employees who have vested in the plan by that date. History: Laws 1979, ch. 316, § 1. ANNOTATIONSCompiler's notes. — The federal Comprehensive Employment and Training Act, referred to in this section, was found at 29 U.S.C. §§ 801 to 999 before it was repealed in 1982 by P.L. 97-300, Title I, § 184(a)(1).
NM Stat § 22-11-19.2 (2021)
2021 New Mexico Statutes|Chapter 22 - Public Schools|Article 11 - Educational Retirement|Section 22-11-19.2 - Regular or provisional membership; regional education cooperatives.

Any person employed by a regional education cooperative and qualified to be a regular or provisional member shall have the right to acquire earned service credit for periods of employment with the regional education cooperative when the member was neither covered nor retired under the Educational Retirement Act, under the following conditions: A. both the member and the administrative unit contributions, at the rates in effect during the periods of employment and applied to earnings of the member during such periods, are paid to the fund, together with interest, at a rate equal to the board's actuarial earnings assumption rate at the time of purchase; B. both member and administrative unit contributions, together with interest, are paid by the member; or C. the member tenders payment of his contributions, together with interest and the local administrative unit by which he was employed may, but shall not be obligated to, pay the administrative unit contributions, together with interest. History: 1978 Comp., § 22-11-19.2, enacted by Laws 1993, ch. 232, § 9.
NM Stat § 22-11-20 (2021)
2021 New Mexico Statutes|Chapter 22 - Public Schools|Article 11 - Educational Retirement|Section 22-11-20 - Repealed.

ANNOTATIONSRepeals. — Laws 1993, ch. 69, § 11 repealed 22-11-20 NMSA 1978, as enacted by Laws 1967, ch. 16, § 143, relating to membership fees, effective June 18, 1993. For provisions of former section, see the 1992 NMSA 1978 on NMOneSource.com.
NM Stat § 22-11-21.2 (2021)
2021 New Mexico Statutes|Chapter 22 - Public Schools|Article 11 - Educational Retirement|Section 22-11-21.2 - Salary calculation; limitations.

In establishing a member's average annual salary for determination of retirement benefits, salary in excess of limitations set forth in Section 401(a)(17) of the Internal Revenue Code of 1986, as amended, shall be disregarded. The limitation on compensation for eligible employees shall not be less than the amount allowed pursuant to the Educational Retirement Act in effect on July 1, 1993. For purposes of this section, "eligible employee" means an individual who was a member or participant of the educational retirement plan or alternative retirement plan prior to the first plan year beginning after December 31, 1995. For a member who first becomes a clinical faculty member of the university of New Mexico health sciences center on or after July 1, 1999, the limitation on compensation shall not be in excess of the member's base salary as specified in the member's annual faculty contract or the limitations set forth in Section 401(a)(17) of the Internal Revenue Code of 1986, as amended, whichever is less. History: 1978 Comp., § 22-11-21.2, enacted by Laws 1995, ch. 148, § 2; 1999, ch. 274, § 2. ANNOTATIONSCross references. — For Section 401 of the Internal Revenue Code of 1986, see 26 U.S.C. § 401. The 1999 amendment, effective June 18, 1999, added the last sentence.
NM Stat § 22-11-21.3 (2021)
2021 New Mexico Statutes|Chapter 22 - Public Schools|Article 11 - Educational Retirement|Section 22-11-21.3 - Pick up; rollover.

A. Commencing on July 1, 1998, each local administrative unit may, solely for the purpose of compliance with Section 414(h) of the Internal Revenue Code of 1986, pick up, for the purposes specified in that section, member contributions permitted by Section 22-11-17 NMSA 1978; Subsection C of Section 22-11-33 NMSA 1978; or Paragraph (4) of Subsection A of Section 22-11-34 NMSA 1978. Member contributions picked up under the provisions of this subsection shall be treated as local administrative unit contributions for purposes of determining income tax obligations under the Internal Revenue Code of 1986; however, such picked-up member contributions shall be included in the determination of the member's gross annual salary for all other purposes under federal and state laws. Member contributions picked up under this section shall continue to be designated member contributions for all purposes of the Educational Retirement Act and shall be considered as part of the member's annual salary for purposes of determining the amount of the member's contribution. The provisions of this section are voluntary, and the member shall have no option concerning the pick up to receive the contributed amounts directly instead of having them paid by the local administrative unit to the fund. The contribution may be paid through the local administrative unit's payroll deduction. B. Commencing July 1, 1998, the board may accept rollover contributions from other retirement funds solely for and subject to the restrictions set forth in Section 22-11-17 NMSA 1978 and Subsection B of Section 22-11-34 NMSA 1978 and the applicable restrictions set forth in the Internal Revenue Code of 1986 for pension plan qualification. History: Laws 1998, ch. 38, § 1; 2003, ch. 227, § 2; 2017, ch. 21, § 9. ANNOTATIONSCross references. — For the Internal Revenue Code of 1986, see 26 U.S.C. The 2017 amendment, effective June 16, 2017, in Subsection A, after "member contributions permitted by", deleted "Subsection D of". The 2003 amendment, effective June 20, 2003, inserted "of 1986" following "Internal Revenue Code" throughout the section, in Subsection A inserted "Subsection D of Section 22-11-17 NMSA 1978; Subsection C of Section 22-11-33 NMSA 1978; or" following "member contributions permitted by," added the last sentence; in Subsection B, deleted "educational retirement" near the beginning, inserted "Section 22-11-17 NMSA 1978 and" following "set forth in."