reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 10A - School Personnel › Section 22-10A-37 - Minimum conditions for sabbatical leave.

Any sabbatical leave program adopted by a local school district or a state agency shall provide the following as minimum conditions:
A. only those certified employees who have completed at least six years of continuous service in a certified capacity with the school district or those certified school instructors who have completed at least six years of continuous service in a certified capacity with the state agency are eligible. For purposes of this section, a leave of absence without pay shall not be considered as an interruption of continuous service but the leave of absence without pay shall not be counted in determining the six-year requirement;
B. further sabbatical leave may be granted in the seventh year of service following a period of sabbatical leave under the same conditions as other sabbatical leaves are granted;
C. sabbatical leave shall be granted only upon agreement by the employee to return to the school system or state agency for at least two years following the leave or repayment to the school district or state agency of the salary received during the period of leave. Such agreement shall be placed in a supplementary contract executed prior to authorization for the sabbatical leave;
D. the maximum term of any one period of sabbatical leave shall be one year;
E. the employee shall be guaranteed an equivalent or better position upon return to the school system or state agency;
F. if regular salary increments for length of service are contained in the salary schedule, the period of leave shall be counted as period of service in the computation of future length of service increments; and
G. the employee may continue his participation in the educational retirement plan by making appropriate contributions as agreed by the local school board or the governing authority of the state agency and the educational retirement board.
History:
1953 Comp., § 77-8-23, enacted by Laws 1969, ch. 116, § 4; 1975, ch. 306, § 19; 1978 Comp., § 22-10-25, recompiled as § 22-10A-37 by Laws 2003, ch. 153, § 72.
ANNOTATIONS
Recompilations.
— Laws 2003, ch. 153, § 72 recompiled former 22-10-25 NMSA 1978 as 22-10A-37 NMSA 1978, effective April 4, 2003.
Cross references.
— For the educational retirement board,
see
22-11-3 NMSA 1978.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 10A - School Personnel › Section 22-10A-38 - Pay for sabbatical leave.

Sabbatical leave pay may be allowed in any amount up to one-half of the employee's regular salary for the year immediately preceding the leave and payment shall be made by one of the two following methods:
A. one-half to be paid at the end of the first year after return and one-half at the end of the second year after return; or
B. during the term of the leave upon the furnishing of security satisfactory to the local school board or the governing authority of the state agency assuring the employee's remaining in the system for two years after the leave or repayment to the school district or state agency of the salary received during the period of leave.
History:
1953 Comp., § 77-8-24, enacted by Laws 1969, ch. 119, § 5; 1975, ch. 306, § 20; 1978 Comp., § 22-10-26, recompiled as § 22-10A-38 by Laws 2003, ch. 153, § 72.
ANNOTATIONS
Recompilations.
— Laws 2003, ch. 153, § 72 recompiled former 22-10-26 NMSA 1978 as 22-10A-38 NMSA 1978, effective April 4, 2003.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 10A - School Personnel › Section 22-10A-39 - Noncertified school personnel; salaries.

Notwithstanding the provisions of Section 50-4-22 NMSA 1978, a local school district shall pay a minimum wage rate of six dollars ($6.00) per hour to all noncertified school personnel.
History:
Laws 1994, ch. 95, § 1; 1978 Comp., § 22-10-27, recompiled as § 22-10A-39 by Laws 2003, ch. 153, § 72.
ANNOTATIONS
Recompilations.
— Laws 2003, ch. 153, § 72 recompiled former 22-10-27 NMSA 1978 as 22-10A-39 NMSA 1978, effective April 4, 2003.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 10A - School Personnel › Section 22-10A-40.1 - Construction.

Nothing in this 2019 act shall be construed as:
A. allowing an armed school security personnel to carry firearms on school premises if doing so would be a violation of state or federal law; or
B. applying to school resource officers.
History:
Laws 2019, ch. 189, § 4.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 189, § 5 made Laws 2019, ch. 189 effective July 1, 2020.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 10B - Teacher Residency › Section 22-10B-1 - Short title.

This act [22-10B-1 to 22-10B-9 NMSA 1978] may be cited as the "Teacher Residency Act".
History:
Laws 2020, ch. 25, § 1.
ANNOTATIONS
Effective dates.
— Laws 2020, ch. 25 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 20, 2020, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 10B - Teacher Residency › Section 22-10B-2 - Definitions.

As used in the Teacher Residency Act:
A. "department-approved teacher preparation program" means a department-approved teacher preparation program at a public post-secondary educational institution or tribal college;
B. "program" means a teacher residency program created pursuant to the Teacher Residency Act that is designed to result in teacher licensure; and
C. "teaching resident" means a participant in a department-approved teacher residency program.
History:
Laws 2020, ch. 25, § 2.
ANNOTATIONS
Effective dates.
— Laws 2020, ch. 25 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 20, 2020, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 10B - Teacher Residency › Section 22-10B-5 - Teacher residency program eligibility.

To be eligible to be admitted and hired as a teaching resident under the program, an individual shall not hold a level one, two or three-A teaching license and shall:
A. be in the final year of a department-approved undergraduate teacher preparation program; or
B. hold a bachelor's degree, be a professional from outside the field of education and have strong content knowledge or a record of achievement.
History:
Laws 2020, ch. 25, § 5; 2022, ch. 17, § 3.
ANNOTATIONS
The 2022 amendment,
effective May 18, 2022, clarified that candidates shall not hold a level one, two, or three-A teaching license, and provided that eligible candidates for a teacher residency may include undergraduate seniors who are in the final year of a department-approved teacher preparation program; in the introductory clause, after "an individual", deleted "must" and added "shall not hold a level one, two or three-A teaching license and shall"; added a new Subsection A and redesignated former Subsection A as Subsection B; and deleted former Subsection C.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 10B - Teacher Residency › Section 22-10B-6 - Teacher residency program participant selection requirements.

The public post-secondary educational institution or tribal college shall establish criteria for selection of individuals to participate in the program. The selection criteria shall include:
A. a demonstration of comprehensive subject area knowledge or a record of accomplishment or professional experience in the field or subject area to be taught;
B. strong verbal and written communication skills, which may be demonstrated by performance on appropriate tests or performance assessments;
C. other dispositions linked to effective teaching, which may be determined by interviews or performance assessments; and
D. consideration given to a participant's ability to increase the racial, ethnic or linguistic diversity of the teacher workforce.
History:
Laws 2020, ch. 25, § 6.
ANNOTATIONS
Effective dates.
— Laws 2020, ch. 25 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 20, 2020, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 10B - Teacher Residency › Section 22-10B-7 - Rulemaking authority.

The department shall adopt rules as necessary to implement the Teacher Residency Act.
History:
Laws 2020, ch. 25, § 7.
ANNOTATIONS
Effective dates.
— Laws 2020, ch. 25 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 20, 2020, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 10B - Teacher Residency › Section 22-10B-8 - Teacher residency fund; created; purpose.

The "teacher residency fund" is created as a nonreverting fund in the state treasury. The fund consists of appropriations, gifts, grants and donations to the fund. Money in the fund is subject to appropriation by the legislature to implement the provisions of the Teacher Residency Act. Disbursements from the fund shall be made by warrants of the secretary of finance and administration pursuant to vouchers signed by the secretary of public education or the secretary's authorized representative.
History:
Laws 2020, ch. 25, § 8.
ANNOTATIONS
Effective dates.
— Laws 2020, ch. 25 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 20, 2020, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 10B - Teacher Residency › Section 22-10B-9 - Reporting requirements.

Public post-secondary educational institutions and tribal colleges shall collaborate with their partner school district or charter school to submit data to the department no later than July 1 of each year. The department shall compile data from all residency sites and submit a report to the legislature no later than November of each year. The report shall include the following indicators of teacher residency program success:
A. the standards for entering and exiting the program;
B. the number of credit hours required to complete the program;
C. the number and percentage of teaching residents completing the program;
D. the number and types of teaching licenses teaching residents are obtaining, including endorsements;
E. the educator evaluation rating for teaching residents during their first five years of teaching;
F. the educator evaluation rating for level two and level three teachers during their time supporting a teacher resident;
G. the number and percentage of teaching residents who continue to teach in New Mexico school districts or charter schools after one, two, three, four and five years;
H. the percentage of teaching residents who are diverse candidates that reflect the diversity of the public schools in the state or the geographic area where the school is located;
I. academic performance of pre-kindergarten through twelfth grade students in classes taught by residency graduates in comparison to students in classes taught by other trained teachers;
J. principal perception surveys of teaching resident and level two and level three teacher effectiveness;
K. state-student perception surveys;
L. the residency program graduate achievement, as determined by first-time pass rates on the state teaching performance assessment; and
M. other data as determined by the department.
History:
Laws 2020, ch. 25, § 9; 2022, ch. 17, § 4.
ANNOTATIONS
The 2022 amendment,
effective May 18, 2022, provided that the data report required to be submitted by this section shall include the educator evaluation rating for level two and level three teachers during their time supporting a teacher resident and principal perception surveys of level two and level three teacher effectiveness; in Subsection F, after "evaluation rating for", deleted "expert" and added "level two and level three"; and in Subsection J, after "teaching resident and", deleted "expert" and added "level two and level three".
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 10C - National Board Certification Scholarship › Section 22-10C-1 - Short title.

This act [22-10C-1 to 22-10C-4 NMSA 1978] may be cited as the "National Board Certification Scholarship Act".
History:
Laws 2020, ch. 26, § 1.
ANNOTATIONS
Effective dates.
— Laws 2020, ch. 26 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 20, 2020, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 10C - National Board Certification Scholarship › Section 22-10C-2 - Definition.

As used in the National Board Certification Scholarship Act, "school principal" includes a charter school head administrator.
History:
Laws 2020, ch. 26, § 2.
ANNOTATIONS
Effective dates.
— Laws 2020, ch. 26 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 20, 2020, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 10C - National Board Certification Scholarship › Section 22-10C-3 - Scholarship program; department powers and duties; qualifications; applications; preferences; reports.

A. The department may award a "national board certification scholarship" to an eligible teacher seeking certification from the national board for professional teaching standards, which scholarship shall be equal to the certification fees assessed by the national board. A scholarship shall be for no longer than three years, paid annually upon notification that the teacher is still an active participant in the certification process, unless the department finds that exigent circumstances prevent the teacher from finishing the certification process within three years. The department shall provide by rule what circumstances qualify as exigent circumstances.
B. A teacher is eligible to apply for a national board certification scholarship if the teacher:
(1) is a New Mexico resident;
(2) holds a valid level two or higher teaching license;
(3) is teaching in a New Mexico public school; and
(4) submits a reference letter from the teacher's school principal.
C. Applications shall be submitted to the department on forms and in a manner provided by rule of the department.
D. The department may provide by rule for scholarship contractual terms and application evaluation and other criteria to implement the scholarship program, including subject matter and grade-level preferences if there are more applications than available funding. The department may interview applicants.
E. The department shall provide an annual report on the national board certification scholarship program to the governor and the legislature, including the:
(1) number of teachers who receive scholarships each year and the value of each scholarship;
(2) number of teachers who receive national board certification each year through the scholarship program;
(3) length of time each teacher takes to receive certification;
(4) educator evaluation rating for scholarship recipients during their first five years of teaching as board-certified teachers;
(5) name of the school district and public school where the scholarship recipient is employed; and
(6) performance of students in classes taught by scholarship-supported board-certified teachers in comparison to students taught by non-board-certified teachers in the school district or charter school.
History:
Laws 2020, ch. 26, § 3.
ANNOTATIONS
Effective dates.
— Laws 2020, ch. 26 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 20, 2020, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 10C - National Board Certification Scholarship › Section 22-10C-4 - Fund created; method of payment.

The "national board certification scholarship fund" is created as a nonreverting fund in the state treasury. The fund consists of appropriations, gifts, grants and donations. The fund is subject to appropriation by the legislature. Money in the fund shall be expended solely for the purpose of awarding scholarships pursuant to the National Board Certification Scholarship Act. Payments from the fund shall be on warrant of the secretary of finance and administration pursuant to vouchers signed by the secretary of public education or the secretary's authorized representative.
History:
Laws 2020, ch. 26, § 4.
ANNOTATIONS
Effective dates.
— Laws 2020, ch. 26 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 20, 2020, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 11 - Educational Retirement › Section 22-11-1 - Short title.

Chapter 22, Article 11 NMSA 1978 may be cited as the "Educational Retirement Act".
History:
1953 Comp., § 77-9-1, enacted by Laws 1967, ch. 16, § 125; 1991, ch. 118, § 2.
ANNOTATIONS
The 1991 amendment,
effective July 1, 1991, substituted "Chapter 22, Article 11 NMSA 1978" for "Sections 77-9-1 through 77-9-45 New Mexico Statutes Annotated, 1953 Compilation".
Am. Jur. 2d, A.L.R. and C.J.S. references. —
78 C.J.S. Schools and School Districts § 338 et seq.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 11 - Educational Retirement › Section 22-11-4 - Board; regular and special meetings.

A. The board shall hold regular meetings four times each year and may provide for additional regular meetings. Prior to each regular meeting, written notice shall be given to each member of the board specifying the time and place of the regular meeting.
B. Special meetings of the board may be called by the chair or by any three members of the board. Written notice of the special meeting shall be sent to each member of the board at least three days in advance of the special meeting.
C. If not in violation of Subsection A or B of this section, the rules of the board or the Open Meetings Act [Chapter 10, Article 15 NMSA 1978], the chair or any of three members of the board may cancel or reschedule a meeting.
History:
1953 Comp., § 77-9-4, enacted by Laws 1967, ch. 16, § 128; 2003, ch. 39, § 2; 2017, ch. 21, § 2.
ANNOTATIONS
The 2017 amendment,
effective June 16, 2017, in Subsection A, after "each year and may", deleted "by its bylaws"; in Subsection B, after "called by the", deleted "chairman" and added "chair"; and in Subsection C, after "Open Meetings Act, the", deleted "chairman" and added "chair".
The 2003 amendment,
effective June 20, 2003, inserted "by" following "the chairman or" near the middle of Subsection B; and inserted Subsection C.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 11 - Educational Retirement › Section 22-11-5 - Board; record; quorum; compensation.

A. The board shall elect from its membership a chairman and a vice chairman.
B. A record shall be taken and preserved of all meetings of the board.
C. A quorum of the board shall be required for the transaction of any business. A majority of the members of the board constitute a quorum. Each member of the board shall have one vote and a proposal shall pass by the affirmative vote of a majority of the members present at the meeting.
D. While performing their duties, each member of the board shall be entitled to receive per diem and mileage as provided by the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978], and shall receive no other compensation, perquisite or allowance.
History:
1953 Comp., § 77-9-5, enacted by Laws 1967, ch. 16, § 129.
2023 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.
ANNOTATIONS
The 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".
2023 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.
ANNOTATIONS
Cross 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".
2023 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.
ANNOTATIONS
The 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".
2023 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.
ANNOTATIONS
The 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.
2023 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.
2023 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.
ANNOTATIONS
The 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.
2023 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.
ANNOTATIONS
The 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.
2023 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.
ANNOTATIONS
Cross 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.
2023 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 been exempted from the Educational Retirement Act; or
(3) the member was not reemployed following a period of disability during which the member 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 the member's 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 or entity.
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; 2023, ch. 156, § 18.
ANNOTATIONS
Cross 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 2023 amendment,
effective June 16, 2023, in Subsection A, Paragraph A(3), after "which", deleted "he" and added "the member"; and in Subsection C, after "member's death, by", deleted "his" and added "the member's", and after "any other person", added "or entity".
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.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
2023 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.
ANNOTATIONS
Repeals and reenactments.
— Laws 2020, ch. 10, § 2 repealed former 22-11-16.2 NMSA 1978, and enacted a new section, effective May 20, 2020.
2023 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.
ANNOTATIONS
Repeals.
— 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
.
2023 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.
ANNOTATIONS
The 1993 amendment,
effective July 1, 1993, designated the formerly undesignated provisions as Subsection A and added Subsection B.
2023 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.
ANNOTATIONS
Compiler'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).
2023 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.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 11 - Educational Retirement › Section 22-11-20 - Repealed.

ANNOTATIONS
Repeals.
— 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.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
ANNOTATIONS
Cross 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."
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 11 - Educational Retirement › Section 22-11-22 - Payment; records; audits.

A. Contributions shall be deducted from the salaries of members by the local administrative units as the salaries are paid. These contributions shall be forwarded monthly to the director for deposit in the fund.
B. Contributions of local administrative units shall be derived from revenue available to the local administrative unit and shall be forwarded monthly to the director for deposit in the fund. The board may assess an interest charge and a penalty charge on any remittance not made by its due date.
C. Each local administrative unit shall record and certify quarterly to the director an itemized account of the contributions paid by each member and the local administrative unit. The director shall keep a record of these itemized accounts.
D. The director or the director's authorized representative may audit the financial affairs, books and records, and may interview employees, of any local administrative unit at any time to ensure compliance with the Educational Retirement Act and rules adopted by the board. The local administrative unit shall cooperate with the director or the authorized representative and shall provide access to records, information and employees during regular business hours. If, during the course of the audit, the director or the director's designee finds discrepancies or violations of the Educational Retirement Act or rules adopted by the board, or if the director or the director's designee finds that a local administrative unit does not have adequate financial controls or procedures in place to allow the local administrative unit to properly account for and pay required contributions to the board:
(1) the director shall order the local administrative unit to implement measures to remedy those matters, including payment to the fund of any contributions not properly calculated or paid, together with interest thereon at a rate to be established by the board. The local administrative unit shall promptly comply with that order; and
(2) the director shall submit a report describing the discrepancy, violation or failure to maintain adequate financial controls or procedures to the board, the state auditor and the public education department or the higher education department as may be appropriate.
E. If the director or the director's designee finds or has reason to suspect criminal activity with respect to contributions, payments or the management of the funds of a local administrative unit, the director shall notify the attorney general, the state auditor and the appropriate law enforcement agency.
History:
1953 Comp., § 77-9-21, enacted by Laws 1967, ch. 16, § 145; 1984, ch. 19, § 3; 1993, ch. 69, § 6; 2009, ch. 209, § 1.
ANNOTATIONS
The 2009 amendment,
effective June 19, 2009, added Subsections D and E.
The 1993 amendment,
effective June 18, 1993, deleted "Membership fees and" at the beginning of Subsection A; added the second sentence of Subsection B; and deleted "and fees" following "contributions" in the first sentence of Subsection C.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 11 - Educational Retirement › Section 22-11-23.1 - Retirement eligibility; initial membership on or after July 1, 2010.

A. A member who initially became a member on or after July 1, 2010, or a member who was a member at any time prior to that date and had, before that date, been refunded all member contributions pursuant to Subsection A of Section 22-11-15 NMSA 1978, shall be eligible for retirement benefits pursuant to the Educational Retirement Act when:
(1) the member is any age and has thirty or more years of earned service credit;
(2) the member is at least sixty-seven years of age and has five or more years of earned service credit; or
(3) the sum of the member's age and years of earned service credit equals at least eighty; provided that a member who retires pursuant to this paragraph shall be subject to the benefit reductions provided in Subsection H of Section 22-11-30 NMSA 1978.
B. A member shall be subject to the provisions of this section as they existed at the beginning of the member's last cumulated four quarters of earned service credit, regardless of later amendment.
History:
1978 Comp., § 22-11-23.1, as enacted by Laws 2009, ch. 286, § 2; 2009, ch. 288, § 15; 2013, ch. 61, § 3.
ANNOTATIONS
The 2013 amendment,
effective July 1, 2013, modified references to amended sections that provide for reduced benefits; in Subsection A, in the introductory sentence, after "Educational Retirement Act when", deleted "one of the following conditions occurs"; and in Paragraph (3) of Subsection A, after "benefit reductions provided in", deleted "Paragraphs (1) and (2) of".