reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7A - Deferred Compensation › Section 10-7A-5 - Deferred compensation plan; approval.

A. The board shall review proposals providing investment options to participants of a deferred compensation plan submitted by deferred compensation carriers that have been engaged for a minimum of three years in the business of funding public employee deferred compensation plans authorized by 26 U.S.C. Section 457 and approve proposals that are consistent with the goals of providing state or local public employees with an investment that, in the opinion of the board, is safe and will provide a reasonable return to the employees upon their reaching the appropriate age or date at which they may begin receiving funds from the deferred compensation plan.
B. The type of deferred compensation investment options that may be approved include mutual funds, including stock, bond or capital preservation funds or any other investments determined by the board to fulfill the goals of providing viable deferred compensation for state or local public employees.
History:
1978 Comp., § 10-7A-5, enacted by Laws 1984, ch. 127, § 988.2; 1985, ch. 161, § 3; 2017, ch. 20, § 3.
ANNOTATIONS
Repeals and reenactments.
— Laws 1984, ch. 127, § 998.2, repealed former 10-7A-5 NMSA 1978, as amended by Laws 1983, ch. 251, § 2, and enacted a new section.
Compiler's notes.
— The "board", referred to in the introductory language in Subsection A, apparently refers to the public employees' retirement board.
See
10-7A-2 NMSA 1978 and notes thereto.
The 2017 amendment,
effective June 16, 2017, expanded investment options for participants of deferred compensation plans; in Subsection A, after "deferred compensation carriers", deleted "which" and added "that", after "Section 457 and approve", deleted "not more than four such", and after "proposals", deleted "which" and added "that"; in Subsection B, deleted Paragraph B(1), deleted the paragraph designation B(2) and in former Paragraph B(2), after "stock", added "bond or capital preservation", after "funds", deleted "and money market funds", deleted Paragraph B(3), deleted the paragraph designation B(4), and in former Paragraph B(4), deleted "other deferred compensation investment options, including those created by the board not requiring funding agreements which deferred compensation carriers, deemed" and added "or any other investments determined".
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7A - Deferred Compensation › Section 10-7A-6 - Deferred compensation plans; investment options.

The board may select a deferred compensation plan that offers varied investment options to participating employees.
History:
Laws 1981, ch. 155, § 6; 1985, ch. 161, § 4.
ANNOTATIONS
Cross references.
— For types of plans which may be approved,
see
10-7A-5 NMSA 1978.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7A - Deferred Compensation › Section 10-7A-7 - Deferred compensation plan; state tax deferral.

Income deferred pursuant to the Deferred Compensation Act and any gains arising from such income, shall be subject to New Mexico income tax and other applicable taxes in the same year or years in which the income is subject to federal income tax pursuant to federal law.
History:
Laws 1981, ch. 155, § 7.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7A - Deferred Compensation › Section 10-7A-8 - Deferred compensation plan; local public employee participation.

A. Local public employees shall be eligible to participate in a deferred compensation plan approved by the board upon the filing of a local public body's participation agreement, conforming to board requirements, applicable to its local public employees and such other participants permitted by the plan as the local public body may elect. Such filing shall be made at such dates and places and in such manner as the board requires.
B. A local public body may terminate its local public employees' and other qualified participants' future participation in a board-approved plan any time not less than two years after the date participation has become effective, upon the local public body's filing of written or electronic notice conforming to board requirements.
History:
Laws 1981, ch. 155, § 8; 1985, ch. 161, § 5; 2017, ch. 20, § 4.
ANNOTATIONS
The 2017 amendment,
effective June 16, 2017, revised the process for local public employee participation in a deferred compensation plan; in Subsection A, after "upon the filing of", deleted "the governing authority's written notice" and added "a local public body's participation agreement, conforming to board requirements", after "applicable to", deleted "all the" and added "its", and after "such manner as the board", deleted "determines" and added "requires"; and in Subsection B, after "upon the", deleted "governing authority's" and added "local public body's", after "filing of written", added "or electronic", after "notice", deleted "at such dates and places as the" and added "conforming to", and after "board", deleted "determines" and added "requirements".
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7A - Deferred Compensation › Section 10-7A-9 - Existing deferred compensation plans.

Any state or local public body deferred compensation plan in existence on the effective date of the Deferred Compensation Act shall not be affected and may be made available to employees and other persons of the state agency or local public body which had adopted said deferred compensation plan on the same basis as on the effective date of the Deferred Compensation Act. Funds of existing plans may be invested in all or any combination of the investments set forth in Subsection B of Section 10-7A-5 NMSA 1978.
History:
Laws 1981, ch. 155, § 9; 1983, ch. 251, § 3.
ANNOTATIONS
Compiler's notes.
— The effective date of the Deferred Compensation Act was April 6, 1981.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7A - Deferred Compensation › Section 10-7A-10 - Expenditure.

Any expenditure necessary to implement the Deferred Compensation Act shall be charged to participating employees or to deferred compensation carriers including those submitting proposals.
History:
Laws 1981, ch. 155, § 10; 1985, ch. 161, § 6.
ANNOTATIONS
Cross references.
— For salary reductions for deferred compensation plans,
see
10-7-8 NMSA 1978.
Agreement with company administering deferred compensation program.
— The public employee's retirement board's administrator's agreement with the company providing professional services by administering and marketing the state's deferred compensation program must be let for proposals pursuant to the Procurement Code, 13-1-28 NMSA 1978 et seq., to the extent the administrator receives as compensation an amount exceeding $20,000, although the administrator's sole compensation under the contract derives from sales commissions, etc., from the underwriter. 1987 Op. Att'y Gen. No. 87-35.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7A - Deferred Compensation › Section 10-7A-11 - Rule making; agreements.

The board may adopt such rules and enter into such agreements as may be necessary to implement the Deferred Compensation Act; provided, however, that any expenditures associated therewith are charged as provided in Section 10-7A-10 NMSA 1978.
History:
1978 Comp., § 10-7A-11, enacted by Laws 1985, ch. 161, § 7.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7A - Deferred Compensation › Section 10-7A-12 - Division of funds as community property; notice requirement.

A court of competent jurisdiction, solely for the purposes of effecting a division of community property, may provide by appropriate order for a determination and division of a community interest in the deferred compensation plan provided for in the Deferred Compensation Act. Pursuant to such a court order a deferred compensation administrator shall provide notice, within ten days after a participating public employee files an application for a disbursement from the deferred compensation plan, to a former spouse who has a court-determined interest in a participating public employee's deferred compensation plan. The notice shall be sent to the last name and address the former spouse has filed with the administrator of the deferred compensation plan and shall include the schedule for and amounts of the disbursement and the address to which the participating public employee's disbursement will be sent.
History:
1978 Comp., § 10-7A-12, enacted by Laws 1991, ch. 22, § 1.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7B - Group Benefits › Section 10-7B-1 - Short title.

Chapter 10, Article 7B NMSA 1978 may be cited as the "Group Benefits Act".
History:
Laws 1989, ch. 231, § 1; 2005, ch. 301, § 1; 2005, ch. 305, § 1.
ANNOTATIONS
The 2005 amendment,
effective July 1, 2005, added the statutory reference to the act. Laws 2005, ch. 301, § 1 enacted identical amendments to this section. The section was set out as amended by Laws 2005, ch. 305, § 1.
See
12-1-8 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 63A Am. Jur. 2d Public Officers and Employees § 450.
67 C.J.S. Officers and Public Employees §§ 248, 249.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7B - Group Benefits › Section 10-7B-2 - Definitions.

As used in the Group Benefits Act:
A. "committee" means the group benefits committee;
B. "director" means the director of the risk management division of the general services department;
C. "employee" means a salaried officer, employee or legislator of the state; a salaried officer or an employee of a local public body; or an elected or appointed supervisor of a soil and water conservation district;
D. "local public body" means any New Mexico incorporated municipality, county or school district;
E. "professional claims administrator" means any person or legal entity that has at least five years of experience handling group benefits claims, as well as such other qualifications as the director may determine from time to time with the committee's advice;
F. "small employer" means a person having for-profit or nonprofit status that employs an average of fifty or fewer persons over a twelve-month period; and
G. "state" or "state agency" means the state of New Mexico or any of its branches, agencies, departments, boards, instrumentalities or institutions.
History:
Laws 1989, ch. 231, § 2; 2003, ch. 412, § 2; 2005, ch. 301, § 2; 2005, ch. 305, § 2; 2006, ch. 88, § 1.
ANNOTATIONS
The 2006 amendment,
effective July 1, 2006, in Subsection C, defined "employee" to include an elected or appointed supervisor of a soil and water conservation district.
The 2005 amendment,
effective July 1, 2005, added Subsection F to define "small employer".
The 2003 amendment,
effective July 1, 2003, in Subsection C, substituted "employee or legislator" for "or employee" following "salaried officer", inserted "a salaried officer or employee of" following "state or", and deleted "or both, as the context requires" at the end.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7B - Group Benefits › Section 10-7B-3 - Group benefits committee; created.

A. The "group benefits committee" is created. The committee shall be composed of nine members as follows:
(1) one employee of, appointed by the secretary of, each of the two departments of the state, excluding state institutions of higher education, having the largest number of full-time employees;
(2) the superintendent of insurance or his designee;
(3) the director of the state personnel office or his designee;
(4) the executive secretary of the public employees retirement association or his designee;
(5) the chief financial officer of a state agency or institution, appointed by the governor;
(6) one employee of a local public body participating in the state group plan, appointed by the governor; and
(7) two public employees of state agencies, other than those from whom members are appointed pursuant to Paragraphs (1) through (4) of this subsection, appointed by the governor.
B. Members of the committee appointed by the governor or by a department secretary shall serve terms of four years. Vacancies in appointive memberships shall be filled by the appointing authority. An appointive membership shall be deemed vacant when the member ceases to be a public employee or ceases to meet the qualifications for his membership set forth in Subsection A of this section. An appointive membership shall also be deemed vacant when the member fails to attend three consecutive meetings of the committee.
C. A majority of the committee shall constitute a quorum. The members of the committee shall elect annually from among the membership a chairman and vice chairman.
History:
Laws 1989, ch. 231, § 3.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7B - Group Benefits › Section 10-7B-4 - Group benefits committee; powers and duties.

The committee shall:
A. review and advise the director on all group benefits coverages, whether insured or self-insured, included or to be included in the state group plan;
B. review and advise the director on all professional, technical or consulting contracts to be entered into in connection with the state group plan;
C. if insurance is to be purchased through negotiation, pursuant to Subparagraph (a) of Paragraph (1) of Subsection D of Section 6 [10-7B-7 NMSA 1978] of the Group Benefits Act, review and advise the director as to companies and agents to be selected to submit proposals;
D. review and advise the director on rules and regulations relating to group benefits insurance and self-insurance;
E. review and advise the director on selection of an investment advisor for investments of the group self-insurance fund;
F. review and advise the director on guidelines establishing rates for and methods of rating participating state agencies and local public bodies;
G. perform any other duties and exercise any other powers as provided by law; and
H. review any matters specified in this section, which review by the committee shall preempt such review of such matters previously accorded to the risk management advisory board.
History:
Laws 1989, ch. 231, § 4.
ANNOTATIONS
Bracketed material.
— The bracketed reference in Subsection C was inserted by the compiler and is not part of the law. The reference therein to "Section 6 of the Group Benefits Act" is apparently erroneous. The apparent intended reference is to Section 7 of that act, and the bracketed code number inserted following the reference reflects that intended reference.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7B - Group Benefits › Section 10-7B-5 - Administrative costs.

The director, with the prior approval of the committee, may apportion the costs of employee benefits administration and other employee benefit costs to all participating state agencies and their employees, participating local public bodies and their employees, participating small employers and persons and dependents eligible through the small employer and participating soil and water conservation district supervisors and their covered dependents, whether the plan is insured or self-insured.
History:
Laws 1989, ch. 231, § 5; 2005, ch. 301, § 3; 2005, ch. 305, § 3; 2006, ch. 88, § 2.
ANNOTATIONS
The 2006 amendment,
effective July 1, 2006, added participating soil and water conservation district supervisors and their covered dependents.
The 2005 amendment,
effective July 1, 2005, provided that the director may apportion costs to participating small employers and persons and dependents eligible through the small employer.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7B - Group Benefits › Section 10-7B-6.1 - Small employer health care coverage.

A. The director may enter into an agreement with a small employer to voluntarily purchase health care coverage offered pursuant to the Group Benefits Act for persons and dependents eligible through the small employer.
B. The director may enter into agreements with an association, cooperative or mutual alliance representing small employers to provide outreach and assistance for small employers to voluntarily purchase health care coverage offered pursuant to the Group Benefits Act for persons and dependents eligible through the small employer.
C. The director shall only permit voluntary purchase of health care coverage by small employers if the small employer has not offered health care coverage to persons and dependents eligible through a small employer for a period of at least twelve months prior to enrollment in the coverage offered pursuant to the Group Benefits Act; provided, however, that the waiting period in this subsection shall not apply to a person having nonprofit status that employs an average of fifty or fewer persons over a twelve-month period.
D. A separate account shall be maintained for small employers that voluntarily elect to purchase health care coverage offered pursuant to the Group Benefits Act to provide separate accounting, payment and private funding of health care coverage for small employers. The funds in the small employers account shall be maintained separately in actuarially sound condition as evidenced by an annual written certification of a qualified actuary, including verification that the premiums charged are actuarially sound in relation to the benefits provided. This certification shall be filed with the superintendent of insurance.
History:
Laws 2005, ch. 301, § 4; 2005, ch. 305, § 4; 2007, ch. 111, § 1.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 305, § 8 repealed Laws 2005, ch. 305, § 4, effective July 1, 2010.
The 2007 amendment,
effective June 15, 2007, in Subsection C, eliminated the waiting period for a person who has a nonprofit status that employs an average of fifty or fewer persons over a twelve-month period.
Laws 2007, ch. 111, § 1 also reconciled the multiple enactments of this section by Laws 2005, ch. 301, § 4 and Laws 2005, ch. 305, § 4.
2005 amendments.
— Laws 2005, ch. 301, § 4 and Laws 2005, ch. 305, § 4, effective July 1, 2005, enacted identical new sections except for the last two sentences of Subsection D.
Temporary provisions.
— Laws 2005, ch. 305, § 7, effective July 1, 2005, provided that by January 1, 2010, the superintendent of insurance shall promulgate rules to allow participating small employers and persons and dependents eligible pursuant to this act to participate in the coverage afforded pursuant to the Health Insurance Alliance Act and recommend statutory changes to the Health Insurance Alliance Act as may be needed.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7B - Group Benefits › Section 10-7B-8 - Group self-insurance fund; investment.

A. In making investments of the fund, the director shall consider the relative safety of the investment and the need for liquidity in the fund, as well as the income to be produced. No investment of the fund shall have a maturity date, or similar date before which it may not be liquidated for cash without penalty, premium, deduction, surcharge or interest rate decrease, later than one year from the date of purchase.
B. The director may seek such investment advice as he deems proper. State agencies with investment expertise, including but not limited to the state treasurer, the state investment council, the state investment officer and the state board of finance, shall cooperate in providing investment advice upon the director's request. The director may contract with an investment advisor and pay him from the fund. Any such investment advisor shall have at least a bachelor's degree in economics, accounting, business administration or a related field from an accredited college or university and shall have at least five years of experience as an investment advisor or as a funds investment manager or a combination of both.
C. Any commission paid for the purchase or sale of any securities pursuant to this section shall be reasonable and shall not exceed the brokerage rate for such transaction charged at the time of purchase or sale by national brokerage firms.
D. Investment of the fund shall be made with the exercise of that degree of judgment and care, under the circumstances then prevailing, which men of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation but for investment, considering the probable safety of their capital as well as the probable income to be derived.
E. Securities purchased from the fund shall be held in the custody of the state treasurer. At the director's direction, the state treasurer shall deposit the securities with a bank or trust company for safekeeping or servicing.
F. The director may delegate his investment authority to the state treasurer, who shall make investments or reinvestments of the fund in accordance with this section.
History:
Laws 1989, ch. 231, § 8.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7C - Retiree Health Care › Section 10-7C-1 - Short title.

Sections 1 through 16 [10-7C-1 to 10-7C-16 NMSA 1978] of this act may be cited as the "Retiree Health Care Act".
History:
Laws 1990, ch. 6, § 1.
ANNOTATIONS
Compiler's notes.
— The Retiree Health Care Act was enacted by Laws 1990, ch. 6, §§ 1 to 16 and codified as 10-7C-1 to 10-7C-16 NMSA 1978. Laws 2002, ch. 75, §§ 2 to 4 and Laws 2002, ch. 80, §§ 2 to 4 enacted identical sections which were codified as 10-7C-17 [repealed], 10-7C-18 [repealed] and 10-7C-19 NMSA 1978 [repealed]. These sections were enacted as part of the Retiree Health Care Act.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7C - Retiree Health Care › Section 10-7C-2 - Purpose of act.

The purpose of the Retiree Health Care Act is to provide comprehensive core group health insurance for persons who have retired from certain public service in New Mexico. The purpose is to provide eligible retirees, their spouses, dependents and surviving spouses and dependents with health insurance consisting of a plan or optional plans of benefits that can be purchased by funds flowing into the retiree health care fund and by co-payments or out-of-pocket payments of insureds.
History:
Laws 1990, ch. 6, § 2.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7C - Retiree Health Care › Section 10-7C-5 - Authority created.

There is created the "retiree health care authority", which is established to provide for comprehensive group health insurance programs under the Retiree Health Care Act.
History:
Laws 1990, ch. 6, § 5; 2002, ch. 75, § 1; 2002, ch. 80, § 1; 2021, ch. 23, § 2.
ANNOTATIONS
The 2021 amendment,
effective July 1, 2021, simplified the description of the retiree health care authority, removed outdated provisions related to the retiree health care authority, and removed a provision requiring the retiree health care authority to administer the senior prescription drug plan; deleted "The authority shall be administratively attached to the public school insurance authority until December 31, 1993. The director of the public school insurance authority shall be the executive director of the retiree health care authority until December 31, 1993. The board created by Section 10-7C-6 NMSA 1978 shall remain fully independent of the board of the public school insurance authority."; and deleted former Subsection B, which required the retiree health care authority to administer the senior prescription drug program.
The 2002 amendment,
effective May 15, 2002, added Subsection B.
Laws 2002, ch. 75, § 1 and Laws 2002, ch. 80, § 1, both effective May 15, 2002, enacted identical amendments to this section. The section was set out as amended by Laws 2002, ch. 80, § 1.
See
12-1-8 NMSA 1978.
State agency.
— The retiree health care authority is a state agency and thus is subject to the various regulatory provisions that apply to state agencies absent express statutory exemptions. 1991 Op. Att'y Gen. No. 91-06.
Records retention.
— As a state agency, the retiree health care authority is subject to record retention regulations adopted by the state commission of public records pursuant to 14-3-4 NMSA 1978. 1991 Op. Att'y Gen. No. 91-06.
State Rules Act.
— Retiree health care authority (RHCA) is not excluded from the State Rules Act (Sections 14-4-1 to 14-4-9 NMSA 1978); therefore, the RHCA must file its rules with the Records Center. 1991 Op. Att'y Gen. No. 91-06.
Information systems.
— Retiree health care authority (RHCA) is not excluded from the provisions of the Information Systems Act [now repealed]. Therefore, the RHCA's purchases of computer software and hardware and its information systems plan are subject to approval by the Information Systems Council. 1991 Op. Att'y Gen. No. 91-06.
Contracts of authority.
— The retiree health care authority is a state agency and the professional service contracts it enters into are therefore governed by Section 13-1-118 NMSA 1978. 1991 Op. Att'y Gen. No. 91-06.
Leasing provisions.
— Retiree health care authority is subject to leasing regulations of the property control division of the general services department in accordance with the property control director's obligation to "control the lease or rental of space in private buildings by state executive agencies other than the state land office." 1991 Op. Att'y Gen. No. 91-06.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7C - Retiree Health Care › Section 10-7C-7.1 - Board may provide for an administration building; payment of obligations from contributions.

The board may take all actions reasonably necessary to provide an administration building for the authority, including the acquisition of real property for that purpose. The board is authorized to make payments from the first money received each month as contributions pursuant to Section 10-7C-15 NMSA 1978 to pay principal of, interest on and other expenses or obligations related to revenue bonds issued by the New Mexico finance authority to plan, design, acquire, construct, furnish and equip an administration building for the authority, including the acquisition of real property.
History:
Laws 2000, ch. 79, § 1.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7C - Retiree Health Care › Section 10-7C-8 - Fund created; investment; premiums; appropriation.

A. There is created the "retiree health care fund". All money in the fund shall be invested as provided for in Subsection D of this section. All income earned from investment of the fund shall be credited to the fund. Except as otherwise specifically provided herein, the money in the fund is appropriated to the board to carry out the provisions of the Retiree Health Care Act. Any funds remaining at the end of any fiscal year shall not revert to the general fund.
B. The board shall provide for the collection of premiums from eligible retirees and eligible dependents which money when combined with other money appropriated to the fund shall be sufficient to provide the required insurance coverage and to pay the expenses of the authority. All premiums and other money appropriated to the fund shall be credited to the fund.
C. All premiums and other money collected by the authority shall be received and disbursed directly by the authority. Receipts and disbursements are subject to audit by the state auditor.
D. The board shall determine which money in the fund constitutes the long-term reserves of the authority. The state investment officer shall invest the long-term reserves of the authority in accordance with the provisions of Sections 6-8-1 through 6-8-16 NMSA 1978. The state treasurer shall invest the money in the fund that does not constitute the long-term reserves of the fund in accordance with the applicable provisions of Chapter 6, Article 10.
History:
Laws 1990, ch. 6, § 8.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7C - Retiree Health Care › Section 10-7C-10 - Expulsion from program for falsification.

A. After written notice to the participating employee, eligible retiree or eligible dependent and hearing with a fair opportunity to appear and present the case personally or by counsel, the board may expel from participation in the retiree health care plan or plans any participating employee, eligible retiree or eligible dependent who submits a false claim under, or has falsified or attempted to falsify, any claim for health benefits or life insurance offered by the authority.
B. On its motion or on the receipt of a complaint, the board may call and hold a hearing to determine whether a participating employee, eligible retiree or eligible dependent has submitted a false claim under, or has falsified or attempted to falsify any claim for health benefits or life insurance offered under the Retiree Health Care Act.
C. If the board, at the conclusion of the hearing, issues a decision that finds that a participating employee, eligible retiree or eligible dependent submitted a false claim or has falsified or attempted to falsify any claim for health benefits or life insurance offered under that act, the board shall expel the participating employee, eligible retiree or eligible dependent from participation in any or all coverage plans or impose conditions upon continued or future participation.
History:
Laws 1990, ch. 6, § 10.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7C - Retiree Health Care › Section 10-7C-11 - Purchase of group insurance.

A. The board shall be designated as the group policyholder for any plans established under the Retiree Health Care Act.
B. The group insurance coverages provided under the plans may include but are not limited to life insurance, accidental death and dismemberment, hospital care and benefits, surgical care and treatment, medical care and treatment, dental care, eye care, obstetrical benefits, prescribed drugs, medicines and prosthetic devices, medicare supplement, medicare carveout, medicare coordination and other benefits, supplies and services through the vehicles of indemnity coverages, health maintenance organizations, preferred provider organizations and other health care delivery systems as provided by the Retiree Health Care Act and other coverages considered by the board to be advisable.
C. To the extent practicable, each basic plan of benefits shall cover preexisting conditions.
D. Any group medical insurance plan offered pursuant to this section shall include effective cost-containment measures to control the growth of health care costs. The board shall report annually by September 1 to appropriate interim legislative committees on the effectiveness of the cost-containment measures required by this subsection.
History:
Laws 1990, ch. 6, § 11; 1994, ch. 62, § 20.
ANNOTATIONS
The 1994 amendment,
effective March 4, 1994, deleted "plan or" following "for any" in Subsection A and following "provided under the" near the beginning of Subsection B, and added Subsection D.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7C - Retiree Health Care › Section 10-7C-12 - Automatic coverage; effect of preexisting conditions.

A. An eligible retiree who applies for coverage during the initial and subsequent open enrollment periods as established by the board may not be denied any of the group insurance basic coverages provided under the Retiree Health Care Act except as provided in Section 10 [10-7C-10 NMSA 1978] of that act.
B. An eligible retiree or an eligible dependent who applies for optional coverage under the program after the first offering to the eligible retiree or eligible dependent is not entitled to coverage for preexisting conditions existing during the six-month period immediately preceding the date on which optional coverage takes effect.
History:
Laws 1990, ch. 6, § 12.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7C - Retiree Health Care › Section 10-7C-14 - Exemption from legal process.

All insurance benefit payments, participating employee and participating employer contributions, eligible retiree and eligible dependent contributions, optional benefits payments and any rights, benefits or payments accruing to any person under the Retiree Health Care Act, as well as all money in the fund created by that act, are exempt from execution, attachment, garnishment or any other legal process and may not be assigned except as specifically provided by that act.
History:
Laws 1990, ch. 6, § 14.
ANNOTATIONS
Cross references.
— For rules governing garnishment and writs of execution in the district, magistrate, and metropolitan courts,
see
Rules 1-065.1, 2-801, and 3-801 NMRA, respectively.
For form for claim of exemptions on executions,
see
Rule 4-803 NMRA.
For form for order on claim of exemption and order to pay in execution proceedings,
see
Rule 4-804 NMRA.
For form for application for writ of garnishment and affidavit,
see
Rule 4-805 NMRA.
For form for notice of right to claim exemptions from execution,
see
Rule 4-808A NMRA.
For form for claim of exemption from garnishment,
see
Rule 4-809 NMRA.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7C - Retiree Health Care › Section 10-7C-16 - Retiree health care fund; budget.

Expenditures for the administration of the Retiree Health Care Act shall be made as provided by an operating budget adopted by the board and approved by the state budget division of the department of finance and administration as provided by law and pursuant to appropriation by the legislature.
History:
Laws 1990, ch. 6, § 16; 1995, ch. 29, § 1; 1998, ch. 45, § 5.
ANNOTATIONS
The 1998 amendment,
effective May 20, 1998, deleted the second sentence.
The 1995 amendment,
effective June 16, 1995, rewrote the section, deleting provisions pertaining to staffing and administration of the retiree health care authority.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7C - Retiree Health Care › Section 10-7C-17 - Repealed.

History:
Laws 2002, ch. 75, § 2; 2002, ch. 80, § 2; 2003, ch. 382, § 2; 2006, ch. 26, § 1; repealed by Laws 2021, ch. 23, § 3.
ANNOTATIONS
Repeals.
— Laws 2021, ch. 23, § 3 repealed 10-7C-17 NMSA 1978, as enacted by Laws 2002, ch. 75, § 2 and Laws 2002, ch. 80, § 2, relating to creation of discount prescription drug program, effective July 1, 2021. For provisions of former section,
see
the 2020 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7C - Retiree Health Care › Section 10-7C-18 - Repealed.

History:
Laws 2002, ch. 75, § 3; 2002, ch. 80, § 3; 2006, ch. 26, § 2; repealed by Laws 2021, ch. 23, § 3.
ANNOTATIONS
Repeals.
— Laws 2021, ch. 23, § 3 repealed 10-7C-18 NMSA 1978, as enacted by Laws 2002, ch. 75, § 3 and Laws 2002, ch. 80, § 3, relating to fund created, effective July 1, 2021. For provisions of former section,
see
the 2020 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7C - Retiree Health Care › Section 10-7C-19 - Repealed.

History:
Laws 2002, ch. 75, § 4; 2002, ch. 80, § 4; 2006, ch. 26, § 3; repealed by Laws 2021, ch. 23, § 3.
ANNOTATIONS
Repeals.
— Laws 2021, ch. 23, § 3 repealed 10-7C-19 NMSA 1978, as enacted by Laws 2002, ch. 75, § 4 and Laws 2002, ch. 80, § 4, relating to audit, fee recommendation, effective July 1, 2021. For provisions of former section,
see
the 2020 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7D - Public Employee Bargaining (Repealed.) › Section 10-7D-1 to 10-7D-26 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1992, ch. 9, § 30 repealed 10-7D-1 to 10-7D-26 NMSA 1978, as enacted by Laws 1992, ch. 9, §§ 1 to 3, 5 to 22, and 24 to 26, and as amended by Laws 1997, ch. 212, § 1 and Laws 1998, ch. 55, § 20, relating to public employee bargaining, effective July 1, 1999. For provisions of former sections,
see
the 1991 NMSA 1978 on
NMOneSource.com
. For similar provisions,
see
10-7E-1 NMSA 1978 et seq.
Compiler's notes.
— Laws 1999, ch. 265, § 20 purported to amend 10-7D-23 NMSA 1978, effective July 1, 1999, however, it could not be given effect because of the previous repeal of Chapter 10, Article 7D NMSA 1978 by Laws 1992, ch. 9, § 30.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7E - Public Employee Bargaining › Section 10-7E-2 - Purpose of act.

The purpose of the Public Employee Bargaining Act is to guarantee public employees the right to organize and bargain collectively with their employers, to promote harmonious and cooperative relationships between public employers and public employees and to protect the public interest by ensuring, at all times, the orderly operation and functioning of the state and its political subdivisions.
History:
Laws 2003, ch. 4, § 2 and by Laws 2003, ch. 5, § 2.
ANNOTATIONS
Compiler's notes.
— Laws 2003, ch. 4, § 2 and Laws 2003, ch. 5, § 2 enacted identical new sections of law, effective July 1, 2003. Both were compiled as 10-7E-2 NMSA 1978.
Consistency of local ordinance with act's purpose.
— City ordinance that allows a public employer to select two members of the three-member local board to adjudicate labor-management disputes does not productively allow employees to collectively bargain, and, as such, violates the purpose of the Public Employee Bargaining Act as stated in Section 10-7E-2 NMSA 1978.
City of Deming v. Deming Firefighters Local 4521
, 2007-NMCA-069, 141 N.M. 686, 160 P.3d 595.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7E - Public Employee Bargaining › Section 10-7E-3 - Conflicts.

In the event of conflict with other laws, the provisions of the Public Employee Bargaining Act shall supersede other previously enacted legislation and rules; provided that the Public Employee Bargaining Act shall not supersede the provisions of the Bateman Act [6-6-11 NMSA 1978], the Personnel Act [Chapter 10, Article 9 NMSA 1978], the Group Benefits Act [Chapter 10, Article 7B NMSA 1978], the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978], the Retiree Health Care Act [10-7C-1 to 10-7C-16 NMSA 1978], public employee retirement laws or the Tort Claims Act [41-4-1 to 41-4-27 NMSA 1978].
History:
Laws 2003, ch. 4, § 3; 2003, ch. 5, § 3; 2020, ch. 48, § 1.
ANNOTATIONS
The 2020 amendment,
effective July 1, 2020, removed a provision providing that, in the event of a conflict, the provisions of the Public Employee Bargaining Act shall not supersede the provisions of Sections 10-7-1 through 10-7-19 NMSA 1978; after "legislation and", deleted "regulations" and added "rules"; and after "the Personnel Act", deleted "Sections 10-7-1 through 10-7-19 NMSA 1978".
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7E - Public Employee Bargaining › Section 10-7E-5 - Rights of public employees.

A. Public employees, other than management employees and confidential employees, may form, join or assist a labor organization for the purpose of collective bargaining through representatives chosen by public employees without interference, restraint or coercion and shall have the right to refuse those activities.
B. Public employees have the right to engage in other concerted activities for mutual aid or benefit. This right shall not be construed as modifying the prohibition on strikes set forth in Section 10-7E-21 NMSA 1978.
History:
Laws 2003, ch. 4, § 5; 2003, ch. 5, § 5; 2020, ch. 48, § 3.
ANNOTATIONS
The 2020 amendment,
effective July 1, 2020, provided public employees the right to engage in concerted activities for mutual aid or benefit; and added Subsection B.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Right of public defenders to join collective bargaining unit, 108 A.L.R.5th 241.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7E - Public Employee Bargaining › Section 10-7E-6 - Rights of public employers.

Unless limited by the provisions of a collective bargaining agreement or by other statutory provision, a public employer may:
A. direct the work of, hire, promote, assign, transfer, demote, suspend, discharge or terminate public employees;
B. determine qualifications for employment and the nature and content of personnel examinations;
C. take actions as may be necessary to carry out the mission of the public employer in emergencies; and
D. retain all rights not specifically limited by a collective bargaining agreement or by the Public Employee Bargaining Act.
History:
Laws 2003, ch. 4, § 6 and by Laws 2003, ch. 5, § 6.
ANNOTATIONS
Compiler's notes.
— Laws 2003, ch. 4, § 6 and Laws 2003, ch. 5, § 6 enacted identical new sections of law, effective July 1, 2003. Both were compiled as 10-7E-6 NMSA 1978.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7E - Public Employee Bargaining › Section 10-7E-7 - Appropriate governing body; public employer.

The appropriate governing body of a public employer is the policymaking individual or body representing the public employer. In the case of the state, the appropriate governing body is the governor or his designee or, in the case of a constitutionally created body, the constitutionally designated head of that body. At the local level, the appropriate governing body is the elected or appointed representative body or individual charged with management of the local public body. In the event of dispute, the board shall determine the appropriate governing body.
History:
Laws 2003, ch. 4, § 7 and by Laws 2003, ch. 5, § 7.
ANNOTATIONS
Compiler's notes.
— Laws 2003, ch. 4, § 7 and Laws 2003, ch. 5, § 7 enacted identical new sections of law, effective July 1, 2003. Both were compiled as 10-7E-7 NMSA 1978.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7E - Public Employee Bargaining › Section 10-7E-8 - Public employee labor relations board; created; terms; qualifications.

A. The "public employee labor relations board" is created. The board consists of three members appointed by the governor. The governor shall appoint one member recommended by organized labor representatives actively involved in representing public employees, one member recommended by public employers actively involved in collective bargaining and one member jointly recommended by the other two appointees.
B. Except for appointments made in 2003, board members shall serve for a period of three years with terms commencing on July 1. Vacancies shall be filled by appointment by the governor in the same manner as the original appointment, and such appointments shall only be made for the remainder of the unexpired term. A board member may serve an unlimited number of terms.
C. During the term for which he is appointed, a board member shall not hold or seek any other political office or public employment or be an employee of a labor organization or an organization representing public employees or public employers.
D. Each board member shall be paid per diem and mileage in accordance with the provisions of the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978].
E. For the purpose of making initial appointments to the board in 2003, the governor shall designate one member to serve a one-year term, one member to serve a two-year term and one member to serve a three-year term. Thereafter, all members shall be appointed for three-year terms.
History:
Laws 2003, ch. 4, § 8 and by Laws 2003, ch. 5, § 8.
ANNOTATIONS
Compiler's notes.
— Laws 2003, ch. 4, § 8 and Laws 2003, ch. 5, § 8 enacted identical new sections of law, effective July 1, 2003. Both were compiled as 10-7E-8 NMSA 1978.
Removal of board members.
— The governor does not have authority under Article V, Section 5 of the New Mexico Constitution to remove members of the public employee labor relations board created by Section 10-7E-8 NMSA 1978.
AFSCME v. Martinez
, 2011-NMSC-018, 150 N.M. 132, 257 P.3d 952.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7E - Public Employee Bargaining › Section 10-7E-11 - Repealed.

History:
Laws 2003, ch. 4, § 11; 2003, ch. 5, § 11; repealed by Laws 2020, ch. 48, § 13.
ANNOTATIONS
Repeals.
— Laws 2020, ch. 48, § 13 repealed 10-7E-11 NMSA 1978, as enacted by Laws 2003, ch. 4, § 11 and Laws 2003, ch. 5, § 11, relating to local board, powers and duties, effective July 1, 2020. For provisions of former section,
see
the 2019 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7E - Public Employee Bargaining › Section 10-7E-12 - Hearing procedures.

A. The board or local board may hold hearings for the purposes of:
(1) information gathering and inquiry;
(2) adopting rules; and
(3) adjudicating disputes and enforcing the provisions of the Public Employee Bargaining Act and rules adopted pursuant to that act.
B. The board or local board shall adopt rules setting forth procedures to be followed during hearings of the board or local board. The procedures adopted for conducting adjudicatory hearings shall meet all minimal due process requirements of the state and federal constitutions.
C. The board or local board may appoint a hearing examiner to conduct any adjudicatory hearing authorized by the board or local board. At the conclusion of the hearing, the examiner shall prepare a written report, including findings and recommendations, all of which shall be submitted to the board or local board for its decision.
D. A rule proposed to be adopted by the board or local board that affects a person or governmental entity outside of the board or local board and its staff shall not be adopted, amended or repealed without public hearing and comment on the proposed action before the board or local board. The public hearing shall be held after notice of the subject matter of the rule, the action proposed to be taken, the time and place of the hearing, the manner in which interested persons may present their views and the method by which copies of the proposed rule, proposed amendment or repeal of an existing rule may be obtained. All meetings of the board shall be held in New Mexico. All meetings of local boards shall be held in the county of residence of the local public employer. Notice shall be published once at least thirty days prior to the hearing date in a newspaper of general circulation in the state or, in the case of a local board hearing, in a newspaper of general circulation in the county, and notice shall be mailed at least thirty days prior to the hearing date to all persons who have made a written request for advance notice of hearings.
E. All adopted rules shall be filed in accordance with applicable state statutes.
F. A verbatim record made by electronic or other suitable means shall be made of every rulemaking and adjudicatory hearing. The record shall not be transcribed unless required for judicial review or unless ordered by the board or local board.
History:
Laws 2003, ch. 4, § 12 and by Laws 2003, ch. 5, § 12; 2005, ch. 137, § 1.
ANNOTATIONS
The 2005 amendment,
effective June 17, 2005, deleted the requirement that all board meetings be held in Santa Fe. As amended, the section provides in Subsection D that the public employee labor relations board may hold meetings in Albuquerque.