reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 5 - Suspension of Certain Officials › Section 10-5-4 - Oaths; subpoenas.

The secretary of finance and administration is authorized to administer oaths to persons who testify at such hearing. The secretary may compel the attendance of any person whose testimony may be required or needed at such hearing, and to compel the production of books, papers, documents, records and data necessary thereto. The official requesting the hearing shall have the right to make timely request to the secretary that subpoenas for necessary and material witnesses or for the production of documents and papers be issued, and the same shall be issued. The secretary and such employees of the department as may be designated by the secretary are authorized to issue subpoenas for persons whose testimony is required, and subpoenas so issued shall be served by persons authorized by law to make such service in civil actions, and if served by a sheriff or deputy, such service shall be made without cost.
History:
1953 Comp., § 5-3-37.4, enacted by Laws 1957, ch. 254, § 4; 1977, ch. 247, § 39.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
67 C.J.S. Officers and Public Employees § 111.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 5 - Suspension of Certain Officials › Section 10-5-6 - Continuance of suspension after hearing; discontinuance of salary.

After such hearing, the secretary of finance and administration shall have discretion to continue such suspension for any of the causes above numbered, and if such suspension is continued no salary shall be received by such official during such suspension unless reinstated by the order of the district court as hereinafter provided.
History:
1953 Comp., § 5-3-37.6, enacted by Laws 1957, ch. 254, § 6; 1977, ch. 247, § 40.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
67 C.J.S. Officers and Public Employees § 111.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 5 - Suspension of Certain Officials › Section 10-5-7 - Petition for reinstatement; order to show cause; result.

A. If after hearing before the secretary of finance and administration such suspension is continued, the person suspended shall have the right to appeal to the district court of the county where he was serving as an official within thirty days after entry of the order of suspension.
B. Upon appeal, the court shall set aside an order of suspension only if it is found to be:
(1) arbitrary, capricious or an abuse of discretion;
(2) not supported by substantial evidence in the record; or
(3) otherwise not in accordance with the law.
History:
1953 Comp., § 5-3-37.7, enacted by Laws 1957, ch. 254, § 7; 1977, ch. 247, § 41; 1979, ch. 281, § 4.
ANNOTATIONS
Cross references.
— For procedures governing administrative appeals to the district court,
see
Rule 1-074 NMRA.
For scope of review of the district court,
see
Zamora v. Village of Ruidoso Downs
, 120 N.M. 778, 907 P.2d 182 (1995).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
67 C.J.S. Officers and Public Employees §§ 108, 111, 114, 116.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 5 - Suspension of Certain Officials › Section 10-5-8 - Control of office; bond of agent in charge; discretionary reinstatement; institution of removal proceedings.

Whenever the secretary of finance and administration assumes control of any office as hereinabove provided, the secretary may assign any employee of the department of finance and administration to perform the duties of the official suspended by the secretary.
The secretary of finance and administration may reinstate a suspended official of any local public body whenever the suspended official has made a proper showing satisfactory to the secretary that he is able and willing to conduct his office as provided by law, and that no loss will be suffered by the local public body.
In all cases where there shall be grounds for removal of such official, the secretary of finance and administration may cause removal proceedings to be instituted and prosecuted by the attorney general or district attorney, in the manner now provided by law for the institution and prosecution of such proceedings by the district attorney.
History:
1953 Comp., § 5-3-37.8, enacted by Laws 1957, ch. 254, § 8; 1977, ch. 247, § 42; 1979, ch. 281, § 5.
ANNOTATIONS
Cross references.
— For county officers, bond,
see
10-1-13 NMSA 1978.
For definition of "official of any local public body",
see
10-5-1 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
67 C.J.S. Officers and Public Employees §§ 108, 111, 114.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 5 - Suspension of Certain Officials › Section 10-5-9 - Suspended official to deliver money and records to secretary; failure or refusal; criminal penalty.

A. Upon written order of suspension by the secretary of finance and administration, the official suspended shall immediately deliver to the secretary all money, records and other property of the office in his charge, for which the secretary shall give a receipt.
B. If upon order of the secretary a suspended official of any local public body refuses or fails to deliver to the secretary all money, records and other property of the local public body, the secretary may invoke the aid of the court to require delivery of money, records and other property of the local public body.
C. It shall be a petty misdemeanor for an official of any local public body to willfully fail or refuse to deliver all money, records and other property of the local public body to the secretary upon order in accordance with the provisions of this section. Upon conviction, the official shall be sentenced to not more than six months in the county jail and fined not more than five thousand dollars ($5,000) or both such imprisonment and fine in the discretion of the judge.
History:
1953 Comp., § 5-3-37.9, enacted by Laws 1957, ch. 254, § 9; 1977, ch. 247, § 43; 1979, ch. 281, § 6.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
67 C.J.S. Officers and Public Employees §§ 108, 257 to 259.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 6 - Abandonment of Public Office or Employment › Section 10-6-1 - [Effect of public officer or employee entering military service.]

Any incumbent of any public office or employment of the state of New Mexico, or of any of its departments, agencies, counties, municipalities or political subdivisions whatsoever, who shall heretofore have entered or who hereafter shall enter military, naval, United States merchant marine, or other armed service of the United States of America, and who by reason of the duties imposed upon him in such service shall fail to devote his time to the performance in person of the duties of such office or employment shall, by entering or continuing in such service, be deemed to have waived and renounced the salary of, and to have abandoned such office or employment until, but only until, he shall have been relieved from active duty in such service and shall have resumed the personal performance of the duties of such public office or employment.
History:
1941 Comp., § 10-338, enacted by Laws 943, ch. 123, § 1; 1953 Comp., § 5-3-38.
ANNOTATIONS
Purpose of statute.
— Laws 1943, ch. 123 (Sections 10-6-1 to 10-6-6 NMSA 1978) had as its purpose the preservation to incumbents of their offices despite their failure to perform the duties thereof while in the armed services, and guarding against disruption of essential functions of government.
State ex rel. Sanchez v. Stapleton
, 1944-NMSC-056, 48 N.M. 463, 152 P.2d 877.
Challenge by public officer.
— A public officer who enters military service cannot challenge provisions of act which temporarily diverts emoluments of the office during his inability to perform the duties of such office, in view of applicability of the removal and vacancy statutes which would normally foreclose him from retaining any right to either emoluments or salary pertaining to such office.
State ex rel. Sanchez v. Stapleton
, 1944-NMSC-056, 48 N.M. 463, 152 P.2d 877.
Challenge by person not legally appointed.
— One who was not legally appointed to the post of deputy assessor cannot question constitutionality of act which provides for carrying on duties of public officer who entered military service.
State ex rel. Sanchez v. Stapleton
, 1944-NMSC-056, 48 N.M. 463, 152 P.2d 877.
Section is applicable to members of municipal boards of education.
1944 Op. Att'y Gen. No. 44-4629.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Induction or voluntary enlistment in military service as creating a vacancy in, or as ground of removal from, public office or employment, 143 A.L.R. 1470, 147 A.L.R. 1427, 148 A.L.R. 1400, 150 A.L.R. 1447, 151 A.L.R. 1462, 152 A.L.R. 1459, 154 A.L.R. 1456, 156 A.L.R. 1457, 157 A.L.R. 1456.
Constitutionality of statute providing for payments to public officers or employees who enter the military service of the United States, or to their dependents, 145 A.L.R. 1156.
20 C.J.S. Counties § 103; 62 C.J.S. Municipal Corporations § 502.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 6 - Abandonment of Public Office or Employment › Section 10-6-2 - [Temporary appointments.]

The officer, agent, employee, board or other agency of the state of New Mexico, or of its departments, agencies, counties, municipalities or political subdivisions, who is by law authorized to fill ordinary vacancies in the public office or employment so temporarily abandoned as provided in Section 1 [10-6-1 NMSA 1978] hereof is hereby authorized, empowered and directed to appoint to the public office or employment, so abandoned as provided in Section 1 hereof, another person who shall receive the salary and perform the duties thereof until, but only until, the former incumbent shall have been relieved from active duty in the armed services and shall have resumed the personal discharge of the duties of such public office or employment.
History:
1941 Comp., § 10-339, enacted by Laws 1943, ch. 123, § 2; 1953 Comp., § 5-3-39.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
63A Am. Jur. 2d Public Officers and Employees §§ 135, 145, 164, 177 to 179.
67 C.J.S. Officers and Public Employees §§ 74 to 79, 100.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 6 - Abandonment of Public Office or Employment › Section 10-6-4 - [Filling vacancy when office permanently abandoned.]

The officer, agent, employee, board or other agency of the state, or of its departments, agencies, counties, municipalities or political subdivisions, who is by law authorized to fill ordinary vacancies in the public office or employment so permanently abandoned, as provided in Section 3 [10-6-3 NMSA 1978] hereof, is hereby authorized, empowered and directed to appoint to such public office or employment some qualified person who shall thereafter receive the salary and perform the duties thereof until the expiration of the term of the former incumbent or until his successor shall have been elected, appointed or otherwise chosen and qualified or until the former incumbent shall have been relieved from active duty in the armed services and shall have resumed the personal discharge of the duties of such public office or employment.
History:
1941 Comp., § 10-341, enacted by Laws 1943, ch. 123, § 4; 1953 Comp., § 5-3-41.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
67 C.J.S. Officers and Public Employees §§ 74 to 79, 100.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 6 - Abandonment of Public Office or Employment › Section 10-6-6 - [Penalties.]

It shall be unlawful for any person who has temporarily or permanently abandoned his public office or employment, as herein defined and described, to receive compensation from public money on account of services or periods of time in his or her public office or employment accruing after such temporary or permanent abandonment and, in the case of temporary abandonment as herein defined, before the resumption of such office or employment as described in Section 1 [10-6-1 NMSA 1978] hereof. Any person receiving or paying compensation in violation of this section shall be punished by a fine of not less than two hundred fifty dollars ($250), nor more than one thousand dollars ($1,000), or by imprisonment for not more than one year, or by both such fine and imprisonment.
History:
1941 Comp., § 10-343, enacted by Laws 1943, ch. 123, § 6; 1953 Comp., § 5-3-43.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
20 C.J.S. Counties § 103; 62 C.J.S. Municipal Corporations § 502.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7 - Compensation and Working Conditions Generally › Section 10-7-1 - [Temporary transfers of employees from one office, department or institution to another.]

The governor is further authorized, subject to the approval of the state board of finance, to transfer, temporarily from one office, department or institution to another office, department or institution, such employees as in his judgment may be necessary or convenient at any time to further the economical and efficient conduct of the state government and without regard to the appropriation out of which such employee may be paid; provided, that the governor shall have the power to designate and employ a personnel director who shall assist him in the performance of the duties imposed upon the governor by the terms of this section.
History:
Laws 1935, ch 70, § 3; 1941 Comp., § 10-403; Laws 1943, ch. 10, § 3; 1953 Comp., § 5-4-3.
ANNOTATIONS
Compiler's notes.
— Laws 1977, ch. 247, § 6, established the state board of finance, referred to in this section, in connection with the board of finance division of the department of finance and administration.
See
6-1-1 NMSA 1978.
Cross references.
— For causes for removal of local officers,
see
10-4-1 NMSA 1978.
For permanent abandonment of office,
see
10-6-3 NMSA 1978.
For definition of "incompatible office",
see
10-6-5 NMSA 1978.
Theory of section.
— This section contemplates that a public officer can perform the duties and obligations of any position to which he is temporarily transferred.
State ex rel. Bird v. Apodaca
, 1977-NMSC-110, 91 N.M. 279, 573 P.2d 213.
State highway engineer is not subject to transfer
provisions of this section.
State ex rel. Bird v. Apodaca
, 1977-NMSC-110, 91 N.M. 279, 573 P.2d 213.
Meaning of "temporary".
— The word temporary means that which is to last for a limited time only, not of long duration but for a short time. 1957 Op. Att'y Gen. No. 57-94.
Remuneration when two jobs.
— An employee of the state who is employed by one department on a monthly basis could be entitled to remuneration from a second department or agency of the state if the services are performed at a time which are not regular working hours of the first department and in a location different from that of the first department. 1958 Op. Att'y Gen. No. 58-16.
Law reviews.
— For note, "Mandamus Proceedings Against Public Officials: State of New Mexico ex rel. Bird v. Apodaca," see 9 N.M.L. Rev. 195 (1978-79).
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7 - Compensation and Working Conditions Generally › Section 10-7-3 - [Inapplicability of act.]

Nothing in this act [10-7-2, 10-7-3 NMSA 1978] shall apply to those officials or employees receiving their salaries or wages at a time as fixed by any provision of the constitution of the state of New Mexico.
History:
Laws 1933, ch. 157, § 2; 1941 Comp., § 10-406; 1953 Comp., § 5-4-6.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
67 C.J.S. Officers and Public Employees § 228.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7 - Compensation and Working Conditions Generally › Section 10-7-4.1 - Children, youth and families department; group life insurance.

Notwithstanding the provisions of Section 10-7-4 NMSA 1978 and in addition to all other benefits provided juvenile correctional officers and correctional officer specialists, the children, youth and families department shall provide life insurance coverage in the amount of twenty-five thousand dollars ($25,000) for each juvenile correctional officer and correctional officer specialist, to be paid to his designated beneficiary. The coverage shall include double indemnity provisions for death incurred in the line of duty. The coverage shall be provided by a group term insurance policy, the premium for which shall be paid out of state funds appropriated to the children, youth and families department.
History:
Laws 1990, ch. 29, § 1; 1992, ch. 57, § 18.
ANNOTATIONS
Cross references.
— For the children, youth and families department,
see
9-2A-1 NMSA 1978 et seq.
For group life insurance for the corrections department,
see
33-1-12 NMSA 1978.
The 1992 amendment,
effective July 1, 1992, substituted "children, youth and families department" for "youth authority" in the section catchline and throughout the section; and inserted "and correctional officer specialists" in the first sentence.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7 - Compensation and Working Conditions Generally › Section 10-7-4.2 - Group insurance; counties and municipalities; contributions; definition; exemption from state plan.

A. All municipalities, counties and political subdivisions with twenty-five employees or fewer shall cooperate in providing group term life, medical or disability income insurance for the benefit of eligible employees or salaried officers of the respective departments, institutions and subdivisions.
B. Municipalities, counties and political subdivisions with twenty-five employees or fewer may contribute any amount up to one hundred percent of the cost of the insurance. As used in this section, "cost of the insurance" means the premium required to be paid to provide coverages.
C. When a public employee elects to participate in a cafeteria plan as authorized by the Cafeteria Plan Act [10-7-14 to 10-7-19 NMSA 1978] and enters into a salary reduction agreement with a municipal or county employer, the provisions of Subsection B of this section with respect to the maximum contributions that can be made by the employer are not violated and will still apply. The employer contributions as provided in Subsection B of this section shall be determined by the employee's gross salary prior to any salary reduction agreement.
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 responsible public body that administers a plan offered pursuant to this section shall report annually by September 1 to appropriate interim legislative committees on the effectiveness of the cost-containment measures required by this subsection.
E. Exempt from the provisions of Section 10-7-4 NMSA 1978 are all municipalities, counties and political subdivisions with twenty-five employees or fewer.
History:
Laws 1991, ch. 191, § 1; 1994, ch. 62, § 19; 1999, ch. 44, § 2.
ANNOTATIONS
The 1999 amendment,
effective July 1, 1999, inserted "and political subdivisions with twenty-five employees or fewer" in Subsection A, in the first sentence of Subsection B, and at the end of Subsection E, and made minor stylistic changes.
The 1994 amendment,
effective March 4, 1994, substituted "departments" for "department" in Subsection A, deleted "percentage or dollar" following "employer" in the last sentence of Subsection C, redesignated former Subsection D as Subsection E, and added Subsection D.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7 - Compensation and Working Conditions Generally › Section 10-7-5 - [Premiums; deduction from salaries.]

That said departments and institutions and all political subdivisions of the state shall be authorized to deduct from said employees' salaries, who may elect to be covered by group or other insurance under this act [10-7-4, 10-7-5, 10-7-6 NMSA 1978], for the payment of premiums on said policies of insurance.
History:
Laws 1941, ch. 188, § 2; 1941 Comp., § 10-417; 1953 Comp., § 5-4-13.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
81A C.J.S. States § 109.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7 - Compensation and Working Conditions Generally › Section 10-7-5.1 - Local public bodies; group health and group life insurance.

A. Every local public body that is an affiliated public employer under the Public Employees Retirement Act [Chapter 10, Article 11 NMSA 1978] and that provides a group health insurance plan to its employees by any method shall offer such insurance to any retiree who was immediately prior to retirement an employee of that affiliated public employer, is a retired member under the Public Employees Retirement Act and upon retirement wishes to continue to be insured under that affiliated public employer's health insurance plan.
B. Every local public body that is an affiliated public employer under the Public Employees Retirement Act and that provides a group life insurance plan to its employees by any method may offer to any employee retiring after July 1, 1990, a life insurance plan to such retiree who was immediately prior to retirement an employee of that affiliated public employer, is a retired member under the Public Employees Retirement Act and upon retirement wishes to be insured under that affiliated public employer's life insurance plan for retirees. Premiums may be paid by deduction from the retirement warrant of the retired employee.
C. Each of those affiliated public employers shall also offer such health insurance to the survivors of individuals who immediately prior to retirement were employees of that affiliated public employer who are survivor pension beneficiaries under the Public Employees Retirement Act and who wish to continue to be insured under that affiliated public employer's health insurance plan upon the employee's death.
History:
Laws 1989, ch. 347, § 1; 1990, ch. 128, § 1.
ANNOTATIONS
Cross references.
— For right of continuation in plan after retirement or death,
see
10-11-121 NMSA 1978.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7 - Compensation and Working Conditions Generally › Section 10-7-6 - [Repeal and saving clause.]

All acts and parts of acts in conflict herewith, are hereby repealed. Provided that the provisions of this act [10-7-4, 10-7-5, 10-7-6 NMSA 1978] shall not affect any contract of group insurance now maintained or in force; nor shall the provisions of this act repeal, alter or amend any special statute authorizing the carrying of such insurance by the state of New Mexico or any of its departments or the political subdivisions of the state.
History:
Laws 1941, ch. 188, § 3; 1941 Comp., § 10-418; 1953 Comp., § 5-4-14.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
81A C.J.S. States § 109.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7 - Compensation and Working Conditions Generally › Section 10-7-7 - [Old-age benefits under Social Security Act.]

That in the event the government of the United States through amendment of the Social Security Act of the United States and particularly Title 8 thereof or by any other similar law of congress which authorizes or permits the payment by states of [or] their political subdivisions to become employers to the extent that they may cover employees of the respective states and the political subdivisions thereof under Title 8 of the Social Security Act of the United States or any amendment thereto or any other similar act of congress whereby old-age benefits or pensions may be established for said employees; then, and in that event, the state of New Mexico, its departments, municipalities in said state and the political subdivisions of the said state may [be] and hereby are authorized and directed to comply with the provisions of the said act of congress to the extent that all members of state and municipal police forces, and all paid members and employees of municipal fire departments within this state may receive any and all benefits with respect to such old-age benefit or pension provision of said federal law, and the state, its municipalities, and political subdivisions are hereby authorized and directed to pay on account of such employees the rate of tax which said federal law may levy and assess for said purposes, and to withhold and make payments on account of the employee's contributions required by such act of congress pertaining to said employees herein mentioned.
History:
Laws 1939, ch. 138, § 1; 1941 Comp., § 10-419; 1953 Comp, § 5-4-15.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— Title 8 of the Social Security Act, referred to in this section, was originally codified as 42 U.S.C. §§ 1001 to 1011. These sections have since been repealed and reenacted by the Internal Revenue Codes of 1939, 1954 and 1986. These provisions of the Internal Revenue Code of 1986 are compiled as 26 U.S.C. §§ 3101, 3102, 3111, 3121, 3122, 3501, 3502, 6011, 6071, 6081, 6091, 6205, 6302, 6313, 6413, 6601, 6802, 6803, 7208, 7209, 7509, 7701 and 7805.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
81 C.J.S. Social Security and Public Welfare § 28.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7 - Compensation and Working Conditions Generally › Section 10-7-9 - Minimum salary rate.

Every state employee and every person regularly employed at a state educational institution named in Article 12, Section 11 of the New Mexico constitution, except student employees as defined by the board of educational finance, shall receive a salary at a rate equal to at least four hundred dollars ($400) per month.
History:
1953 Comp., § 5-4-51, enacted by Laws 1974, ch. 10, § 2.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7 - Compensation and Working Conditions Generally › Section 10-7-10 - Accumulated sick leave; payment of certain excess amounts.

An employee of the state who has accumulated six hundred hours of unused sick leave shall be entitled to be paid for additional unused sick leave at a rate equal to fifty percent of his hourly wage multiplied by the number of hours of unused sick leave over six hundred hours, not to exceed one hundred twenty hours of such sick leave in any one fiscal year. Payment for sick leave as authorized by this section shall be paid only on either the payday immediately following the first full pay period in January or the first full pay period in July. An eligible employee shall notify his agency of his desired payment date and the number of unused sick leave hours he wishes to convert pursuant to this section before payment can be authorized.
History:
Laws 1983, ch. 150, § 1; 1984, ch. 6, § 1.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7 - Compensation and Working Conditions Generally › Section 10-7-11 - Accumulated sick leave prior to retirement; payment of certain excess amounts.

Immediately prior to retirement from state service, an employee of the state who has accumulated six hundred hours of unused sick leave shall be entitled to be paid for additional unused sick leave at a rate equal to fifty percent of his hourly wage multiplied by the number of hours of unused sick leave over six hundred hours, not to exceed four hundred hours of such sick leave.
History:
Laws 1983, ch. 150, § 2.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7 - Compensation and Working Conditions Generally › Section 10-7-12 - Government cost savings incentive award.

A. As used in this section:
(1) "actual cost savings" means realized, not projected, cost savings substantiated by documentation;
(2) "award" means a government cost savings incentive award;
(3) "economy" includes maximizing the purchasing value of public funds;
(4) "efficiency" includes a significant reduction in paperwork and the elimination of unnecessary rules, regulations and procedures; and
(5) "state agency" means any office, department, institution, school district, board, commission, court, district attorney, council or committee of state government which receives appropriations and is authorized expenditures pursuant to a general appropriation act.
B. A state agency may provide an award to any employee whose accomplishment or written suggestion beyond the scope of his responsibility contributes to the efficiency, economy or improvement of agency operations and results in actual cost savings to the agency.
C. An award pursuant to this section shall:
(1) be paid only from actual cost savings;
(2) be paid only on the payday immediately following the first full pay period succeeding the award or immediately prior to separation or transfer from the agency; and
(3) be paid one time based on actual cost savings in an amount not to exceed the lesser of:
(a) two thousand dollars ($2,000); or
(b) an amount equal to ten percent of the actual cost savings attributable to the employee in the twelve-month period immediately preceding the award or a lesser period preceding the award, if appropriate.
D. Documentation substantiating awards pursuant to this section shall be submitted to the state personnel board which shall, as necessary or appropriate, prescribe regulations and review proposed awards made under this section and procedures used in making the awards to verify the cost savings for which the awards were made.
E. The state personnel board shall report by September 1 of each year to the legislative finance committee all awards paid and savings realized under this act [this section].
History:
Laws 1986, ch. 39, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7 - Compensation and Working Conditions Generally › Section 10-7-13 - Leave; coordination with workmen's compensation benefits.

A. Payment of leave-time benefits in excess of an amount which results, when combined with workmen's compensation weekly benefits, in an injured state or university worker receiving in any month more than one hundred percent of that workman's monthly base salary is not permitted; provided that payment of accrued vacation leave time and compensating leave-time benefits may be permitted without regard to this limitation where the workman is finally determined to be permanently totally disabled or resigns his state or university employment.
B. As used in this section:
(1) "leave time" includes time accrued as sick leave, vacation leave and compensating leave; and
(2) "monthly base salary" means the full monthly salary to be paid the employee if he had worked as scheduled for the entire month, as established by the state personnel board's official salary schedule, or the official salary schedule of any state agency or university in effect during the last pay period during which the employee worked, exclusive of all overtime pay and the value of all accrued leave time and all fringe benefits of any kind.
C. The state personnel board shall send a copy of this law to all state agencies and universities which have salaried employees who do not fall under the jurisdiction of the state personnel board.
History:
Laws 1987, ch. 258, § 1.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7 - Compensation and Working Conditions Generally › Section 10-7-14 - Short title.

Sections 1 through 6 [10-7-14 to 10-7-19 NMSA 1978] of this act may be cited as the "Cafeteria Plan Act".
History:
Laws 1987, ch. 289, § 1.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
63A Am. Jur. 2d Public Officers and Employees §§ 450, 451.
67 C.J.S. Officers and Public Employees §§ 223, 248, 249.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7 - Compensation and Working Conditions Generally › Section 10-7-15 - Definitions.

As used in the Cafeteria Plan Act [10-7-14 to 10-7-19 NMSA 1978]:
A. "agency" means the state of New Mexico, any of its political subdivisions, tax supported educational institutions or a local public school district;
B. "cafeteria plan" means a written plan as defined in 26 U.S.C. 125 under which all participants are eligible public employees and the participants are allowed to choose among two or more benefits consisting of cash and statutory nontaxable benefits;
C. "eligible public employee" means any public employee who elects to participate in a cafeteria plan as provided in the Cafeteria Plan Act but does not include individuals engaged as independent contractors or whose periods of employment are on an intermittent or irregular basis or who are employed on less than half-time basis unless the individual is employed in a position classified as a job-sharing position;
D. "public employee" means any officer or employee of an agency to whom a salary is paid from public funds for services rendered;
E. "salary reduction agreement" means a written agreement between an eligible public employee and his agency employer whereby the employee agrees to reduce his or her salary by a stated amount or an amount equal to the cost of benefits selected under a cafeteria plan and the agency agrees to contribute that amount to cover the cost of the benefits selected by the eligible public employee; and
F. "statutory nontaxable benefits" means any benefits that are not includable in the gross income of the public employee by reason of an express provision of the Internal Revenue Code, and such benefits may include but not be limited to: group life insurance not exceeding fifty thousand dollars ($50,000); disability benefits; accident and health plans; group legal services plans and dependent care services.
History:
Laws 1987, ch. 289, § 2.
ANNOTATIONS
Cross references.
— For the Internal Revenue Code,
see
26 U.S.C. § 1 et seq.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7 - Compensation and Working Conditions Generally › Section 10-7-16 - Cafeteria plan; optional.

Notwithstanding any other benefit plan or group insurance plan offered to an eligible public employee, any agency may adopt a cafeteria plan, as defined in 26 U.S.C. 125 et seq. and regulations made thereunder, for the benefit of eligible public employees and their dependents.
History:
Laws 1987, ch. 289, § 3.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7 - Compensation and Working Conditions Generally › Section 10-7-17 - Salary reduction agreements.

A. Contributions to cover the cost of benefits provided under a cafeteria plan authorized by Section 3 [10-7-16 NMSA 1978] of the Cafeteria Plan Act shall be paid by the eligible public employee pursuant to a salary reduction agreement. The agency is authorized to pay part or all of the administrative expenses therefor.
B. The agency may agree with an eligible public employee that the employee's salary payment shall be reduced by an amount equal to the cost of benefits selected and to be paid for by the eligible public employee. Such reduction shall be made pursuant to salary reduction agreements entered into between eligible public employees and the agency.
History:
Laws 1987, ch. 289, § 4.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7 - Compensation and Working Conditions Generally › Section 10-7-18 - Status of salary reduction.

A. The amount by which an eligible public employee's salary is reduced pursuant to a salary reduction agreement shall continue to be included as compensation for the purpose of computing retirement benefits under the Public Employees Retirement Act [Chapter 10, Article 11 NMSA 1978], the Educational Retirement Act [Chapter 22, Article 11 NMSA 1978] and the Judicial Retirement Act [Chapter 10, Article 12B NMSA 1978]; provided this inclusion does not conflict with federal law, including federal regulations, pertaining to the Federal Insurance Contributions Act or to Internal Revenue Code, Section 125 pertaining to cafeteria plans.
B. The amount by which an eligible public employee's salary is reduced pursuant to a salary reduction agreement shall not be considered as gross income for purposes of computing New Mexico income tax, state unemployment tax and state worker's compensation and federal income taxes to be withheld and paid on behalf of the employee.
History:
Laws 1987, ch. 289, § 5.
ANNOTATIONS
Cross references.
— For the Federal Insurance Contributions Act,
see
26 U.S.C. § 3101 et seq.
For Section 125 of the Internal Revenue Code,
see
26 U.S.C. § 125.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7 - Compensation and Working Conditions Generally › Section 10-7-19 - Applicability to deferred compensation plans.

The provisions of the Cafeteria Plan Act [10-7-14 to 10-7-19 NMSA 1978] do not apply to deferred compensation plans.
History:
Laws 1987, ch. 289, § 6.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7 - Compensation and Working Conditions Generally › Section 10-7-20 - Qualified transportation fringe benefit.

State agencies, state educational institutions and political subdivisions of the state may offer to their employees a qualified transportation fringe benefit in accordance with Section 132(f) of the Internal Revenue Code of 1986. The qualified transportation fringe benefit may be offered as an employee pretax deduction or an employer-paid benefit or a combination of the two, as determined by the department of finance and administration, the governing authority of an institution or the governing body of a political subdivision of the state.
History:
Laws 2005, ch. 17, § 1.
ANNOTATIONS
Cross references.
— For Section 132(f) of the Internal Revenue Code of 1986,
see
26 U.S.C, § 132(f)
Effective dates.
— Laws 2005, ch. 17 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7 - Compensation and Working Conditions Generally › Section 10-7-21 - Undercover agents; life insurance benefits.

A. The state and any political subdivision of the state shall provide paid life insurance in the amount of at least two hundred fifty thousand dollars ($250,000) for employees during any period of employment when an employee is working as an undercover agent.
B. As used in this section:
(1) "undercover agent" means a law enforcement officer who is actively involved in the investigation of alleged violations of state or federal law and whose identity as a law enforcement officer is being concealed; and
(2) "law enforcement officer" means a state or municipal police officer, county sheriff, deputy sheriff, conservation officer, motor transportation enforcement officer or other state employee authorized by state law to enforce criminal statutes.
C. The department of public safety shall adopt rules necessary to determine the eligibility of undercover agents for paid life insurance pursuant to Subsection A of this section.
History:
Laws 2007, ch. 258, § 1.
ANNOTATIONS
Cross references.
— For group life insurance continuation for retired officers,
see
10-11-121 NMSA 1978.
For state police group life,
see
29-2-29 NMSA 1978.
Effective dates.
— Laws 2007, ch. 258, § 2 made Laws 2007, ch. 258, § 1 effective July 1, 2007.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7 - Compensation and Working Conditions Generally › Section 10-7-22 - Leave donation policy.

A. State agencies, political subdivisions and school districts shall implement policies that provide for employees who earn annual or sick leave the opportunity to donate annual or sick leave to another employee for a medical emergency. The policy shall provide:
(1) that a reasonable amount of leave may be donated by an employee annually and that each employee shall maintain a certain minimum amount of leave before making a donation of leave in excess of that amount;
(2) that the donation may be limited to a donation between employees within an organizational unit;
(3) for an application process for donated leave that includes:
(a) a method of soliciting donated leave;
(b) documentation of the identity of the donor and recipient of leave;
(c) a certified document by a health care provider that describes the nature, severity and anticipated duration of the emergency medical condition of the recipient and that includes a statement that the recipient is unable to work all or a portion of the recipient's work hours; and
(d) other information that the employing agency may reasonably require;
(4) that an employee who wishes to request donated leave shall first use all annual, sick and personal day leave that the employee has accrued and any compensatory time due prior to receiving donated leave;
(5) for conversion of the value of the donor's donated leave based on the donor's hourly rate of pay to hours of leave for the recipient based on the recipient's hourly rate of pay; and
(6) that unused donated leave at the end of a medical emergency or when no longer needed shall revert to the donating employees on a prorated basis.
B. To the extent any provision of this section conflicts with a current collective bargaining agreement negotiated pursuant to the Public Employee Bargaining Act [Chapter 10, Article 7E NMSA 1978], the provisions of this section shall not apply.
History:
Laws 2015, ch. 81, § 1.
ANNOTATIONS
Effective dates.
— Laws 2015, ch. 81 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2015, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7A - Deferred Compensation › Section 10-7A-1 - Short title.

Sections 1 through 10 [10-7A-1 to 10-7A-10 NMSA 1978] of this act may be cited as the "Deferred Compensation Act".
History:
Laws 1981, ch. 155, § 1.
ANNOTATIONS
Compiler's notes.
— "Sections 1 through 10 of this act," referred to in this section, refers to Laws 1981, ch. 155, §§ 1 to 10, which are presently compiled as 10-7A-1, 10-7A-2, 10-7A-4 and 10-7A-6 to 10-7A-10 NMSA 1978.
Cross references.
— For compensation and working conditions generally,
see
10-7-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7A - Deferred Compensation › Section 10-7A-2 - Definitions.

As used in the Deferred Compensation Act:
A. "board" means the public employees retirement board;
B. "local public body" means all political subdivisions of the state, their agencies, instrumentalities and institutions;
C. "local public employee" means any officer or employee to whom a local public body pays a salary for services rendered;
D. "deferred compensation carriers" means any corporation, partnership or persons providing administrative, recordkeeping or investment consulting services to participants in deferred compensation plans pursuant to funding agreements; and
E. "state employee" means any officer or employee to whom the state pays a salary for services rendered.
History:
Laws 1981, ch. 155, § 2; 1985, ch. 161, § 1; 2017, ch. 20, § 1.
ANNOTATIONS
The 2017 amendment,
effective June 16, 2017, expanded the definition of "deferred compensation carriers"; in Subsection A, after "public", changed "employees'" to "employees"; and in Subsection D, after "partnership or persons", deleted "who provide investment options" and added "providing administrative, recordkeeping or investment consulting services".
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7A - Deferred Compensation › Section 10-7A-3 - Deferred compensation plan; state and local public employees.

A. After the effective date of the Deferred Compensation Act, the board shall review and approve deferred compensation plans for participation by state and local public employees. A deferred compensation plan shall provide for the method of transfer of funds to a plan through written or electronic salary reduction agreements with state and local public employees and shall provide for deferral of only those salary amounts upon which income taxes are eligible for deferral pursuant to federal law.
B. Compensation deferred under any deferred compensation plan shall be included with current income for purposes of computing retirement contributions and benefits.
C. Amounts by which salary is reduced shall be transmitted to the approved deferred compensation carrier.
D. Local public employees may participate in a deferred compensation plan selected by their local public body employer after it takes formal action conforming to board requirements. If the plan selected is different from the plan approved by the board, the board shall have no responsibility concerning the plan. If the plan selected is that approved by the board pursuant to Section 10-7A-5 NMSA 1978, the provisions of Section 10-7A-8 NMSA 1978 shall apply.
History:
1978 Comp., § 10-7A-3, enacted by Laws 1984, ch. 127, § 988.1; 1985, ch. 161, § 2; 2017, ch. 20, § 2.
ANNOTATIONS
Repeals and reenactments.
— Laws 1984, ch. 127, § 988.1, repealed former 10-7A-3 NMSA 1978, as amended by Laws 1983, ch. 251, § 1, and enacted a new section.
Compiler's notes.
— The phrase "effective date of the Deferred Compensation Act" means April 6, 1981, the effective date of Laws 1981, ch. 155.
The 2017 amendment,
effective June 16, 2017, provided for the use of electronic transactions to transfer funds to a deferred compensation plan, and allowed local public body employers to select a deferred compensation plan for local public employees; in the catchline, after "public", deleted "body"; in Subsection A, after "through written", added "or electronic"; in Subsection C, after "shall be transmitted", deleted "to the state treasurer or his designated agent who shall then transfer such amounts directly"; in Subsection D, after "public employees may", deleted "through formal action of their governing boards", after "plan selected by", deleted "such governing board" and added "their local public body employer after it takes formal action conforming to board requirements", after "10-7A-5 NMSA 1978,", deleted "participation by employees of the local public body so selecting is effected pursuant to" and added "the provisions of", and after "10-7A-8 NMSA 1978", added "shall apply".
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 7A - Deferred Compensation › Section 10-7A-4 - Deferred compensation plan; other participants.

The deferred compensation plan may allow persons other than public employees, who provide services to the state or any local public body, to participate in the plan to the extent permitted by federal law.
History:
Laws 1981, ch. 155, § 4.