Chapter 51 — Chapter 51

Chapter 51 NMSA 1978 may be cited as the "Unemployment Compensation Law". History: Laws 1936 (S.S.), ch. 1, § 1; 1941 Comp., § 57-801; 1953 Comp., § 59-9-1; Laws 1982, ch. 41, § 1.

For any contributions assessed against an employer under the provisions of the Unemployment Compensation Law of New Mexico prior to January 1, 1977, the base wage upon which contributions must be paid and the rate of contributions assessable shall be the base wage and rates in ef…

unemployment compensation fund adequate reserve; reserve factor; excess claims premium; definitions. A. Benefits paid to an individual shall be charged to the individual's base-period employers on a pro rata basis according to the proportion of the individual's total base- period…

The rate of contribution of an employer shall in no case be raised as a penalty for, or as a result of, the late filing of any notice, report or payment of contributions required under Section 51-1-9 NMSA 1978 or any regulations promulgated thereunder. Effective as to all wages f…

organizations. Benefits paid to employees of nonprofit organizations shall be financed in accordance with the provisions of this section. For the purpose of this section, a "nonprofit organization" is an organization or group of organizations described in Paragraph (8) of Subsect…

entities. A. State agencies shall make payments in lieu of contributions in accordance with the provisions of Sections 51-1-15 and 51-1-45 NMSA 1978. B. Local public bodies shall finance benefits paid to an individual based on services performed in their employ by: (1) participat…

contributions. A. Benefits paid to employees of governmental entities covered by the provisions of the state government unemployment compensation reserve fund or the local public body unemployment compensation reserve fund shall be financed as follows: (1) for each state agency, …

participating in the local public body unemployment compensation reserve fund. A. Any local public body may elect to make payments in lieu of contributions by paying to the department in accordance with the provisions of the Unemployment Compensation Law for the unemployment fund…

A. The department of finance and administration shall not approve the budget of any governmental entity which has failed to budget sufficient revenues to pay unemployment compensation benefits as required by the Unemployment Compensation Law. B. The risk management division of th…

A. Except as otherwise provided in Subsection C of this section, any employing unit that is or becomes an employer subject to the Unemployment Compensation Law within any calendar year shall be subject to the Unemployment Compensation Law during the whole of such calendar year. B…

A. There is hereby established as a special fund, separate and apart from all public money, or funds of this state, an "unemployment compensation fund", which shall be administered by the department exclusively for the purposes of this section. The fund shall consist of: (1) all …

History: Laws 2007, ch. 137, § 4; repealed by Laws 2010, ch. 55, § 6.

As used in the Unemployment Compensation Law: A. "department" means the workforce solutions department; B. "division" means the workforce transition services division of the department, the director of the division or an employee of the division exercising authority lawfully dele…

ANNOTATIONS Repeals. — Laws 1979, ch. 280, § 54, repealed 51-1-20 NMSA 1978, relating to manpower development and training programs, effective July 1, 1979.

The department shall adopt an official seal which shall be judicially noticed. Not later than December 1 of each year it shall submit to the governor a report covering the administration and operation of the Unemployment Compensation Law for the preceding fiscal year ending June …

ANNOTATIONS Repeals. — Laws 1979, ch. 280, § 54, repealed 51-1-22 NMSA 1978, relating to regulations and general and special rules of the employment security commission, effective July 1, 1979.

The department shall cause to be printed for distribution to the public the text of the Unemployment Compensation Law, regulations and general rules, annual reports to the governor and any other material deemed proper, and furnish such to any person upon application. History: 195…

ANNOTATIONS Repeals. — Laws 1979, ch. 280, § 54, repealed 51-1-24 NMSA 1978, relating to personnel within the employment security commission, effective July 1, 1979.

The secretary shall appoint a state advisory council composed in each case of men and women and including an equal number of employer and employee representatives who are representative because of their vocation, employment or affiliations, and such members representing the gener…

With the advice and aid of advisory councils, the secretary shall: A. take appropriate steps to reduce and prevent unemployment; B. encourage and assist in the adoption of practical methods of vocational training, retraining and vocational guidance; C. investigate, recommend, adv…

Each employing unit shall keep accurate work records for periods of time and containing information prescribed by regulation. The records shall be open to inspection and subject to being copied by the secretary at any reasonable time and as often as necessary. The secretary may r…

In discharging duties imposed by the Unemployment Compensation Law, [the] board of review or the secretary or his authorized representative has power to administer oaths and affirmations, take depositions, certify to official acts and issue subpoenas to compel attendance of witne…

In case of contumacy or refusal to obey a subpoena, the district court within the jurisdiction of which the inquiry is carried on or within the jurisdiction of which the person guilty of contumacy or refusal to obey is found, resides or transacts business, upon application by the…

As a guide to the interpretation and application of this act, the public policy of this state is declared to be as follows: economic insecurity due to unemployment is a serious menace to the health, morals and welfare of the people of this state. Involuntary unemployment is there…

No person is excused from attending and testifying or from producing books, papers, correspondence, memoranda and other records before the secretary or his authorized representative in any cause or proceeding on the ground that testimony or evidence, documentary or otherwise, req…

In the administration of the Unemployment Compensation Law the secretary shall cooperate to the fullest extent possible under the act with the United States secretary of labor in his duties under the Social Security Act, 42 U.S.C. Section 301 et seq., as amended. The secretary sh…

A. Information obtained from any employing unit or individual pursuant to the administration of the Unemployment Compensation Law and determinations as to benefit rights of any individual are confidential and shall not be disclosed or be open to public inspection in any manner re…

A. State employment service. The New Mexico state employment service, created by Chapter 15, Special Session Laws of 1934 [50-8-1, 50-8-2 NMSA 1978], together with its existing personnel and all of its records, files and property, including office equipment and the unexpired bala…

A. There is created a special fund to be held in the custody of the state treasurer and known as the "unemployment compensation administration fund". (1) All money paid into the fund is available to the secretary. All money in the fund shall be expended solely for the purposes an…

If any money received after June 30, 1941, from the department of labor of the United States of America under Title 3 of the Social Security Act, or any unencumbered balances in the unemployment compensation administration fund as of that date, or any money granted after that dat…

A. Contributions unpaid on the date on which they are due and payable shall bear interest at the rate of one percent per month from and after such date until payment is received by the division. Interest collected pursuant to this subsection shall be paid into the employment secu…

A. Except as provided by Section 51-1-37.1 NMSA 1978, any agreement by an individual to waive, release or commute the individual's rights to benefits or any other rights under the Unemployment Compensation Law shall be void. No agreement by any individual in the employ of any per…

A. The division shall notify the human services department [health care authority department] of the name of any individual who files a new claim for unemployment compensation and who is determined to be eligible for benefits. B. The division shall deduct and withhold from any un…

A. The division shall notify the human services department [health care authority department] of the name and social security number of any individual who files a new claim for unemployment compensation and who is determined to be eligible for benefits. This information provided …

A. Whoever makes a false statement or representation knowing it to be false or knowingly fails to disclose a material fact, to obtain or increase any benefit or other payment under the Unemployment Compensation Law either for that person or for any other person, shall be punished…

This act [51-1-38, 51-1-39 NMSA 1978] does not apply to offenses committed prior to the effective date of this act. Such offenses are subject to punishment as provided by the Unemployment Compensation Law in force at the time the offense was committed. History: 1953 Comp., § 59-9…

A. All benefits provided herein are payable from the unemployment compensation fund. All benefits shall be paid in accordance with rules prescribed by the secretary through employment offices or other agencies as the secretary approves by general rule. B. Weekly benefits shall be…

A. In any civil action to enforce the provisions of this act, the division may be represented by the attorney general or some attorney designated by him to act, by any district attorney or by an attorney designated and employed by the department. B. All criminal actions for viola…

Benefits shall be deemed to be due and payable under the Unemployment Compensation Law only to the extent provided in that act and to the extent that money is available therefor to the credit of the unemployment compensation fund, and neither the state nor the department shall be…

As used in the Unemployment Compensation Law: A. "base period" means the first four of the last five completed calendar quarters immediately preceding the first day of an individual's benefit year, except that "base period" means for benefit years beginning on or after January 1,…

Subject to the provisions of Section 51-1-47 NMSA 1978, services performed by individuals in the employ of governmental entities, state hospitals and state institutions of higher education shall be subject to the provisions of the Unemployment Compensation Law. History: 1953 Comp…

For purposes of the Unemployment Compensation Law: A. "employment" means service performed by an individual in the employ of a governmental entity unless such service is performed by an individual in the exercise of his duties: (1) as an elected official; (2) as a member of a leg…

fund created; purposes; assessments. A. There is created a "state government unemployment compensation reserve fund". The fund and any income from the fund shall be held in trust, deposited in a segregated account and invested by the director of the risk management division of th…

fund created; purposes; assessments. A. There is created the "local public body unemployment compensation reserve fund." The fund and any income from the fund shall be held in trust, deposited in a segregated account and invested by the general services department with the prior …

entities]. The provisions of Laws 1977, Chapter 227, as amended [51-1-14 to 51-1-17, 51-1- 43 to 51-1-47 NMSA 1978], shall apply to all governmental entities of New Mexico to the extent such entities are constitutionally required by federal law to pay unemployment benefits to pub…

A. As used in this section, unless the context clearly requires otherwise, "extended benefit period" means a period that: (1) begins with the third week after a week for which there is a state "on indicator"; (2) ends with either of the following weeks, whichever occurs later: (a…

A. During an extended benefit period in this state, an individual shall be eligible to receive extended benefits with respect to any week of unemployment in his eligibility period only if the secretary finds that with respect to such week: (1) he is an "exhaustee" as defined in S…

A. The weekly extended benefit amount payable to an individual for a week of total unemployment in his eligibility period shall be an amount equal to the weekly benefit amount payable to him during his applicable benefit year pursuant to Section 51-1-4 NMSA 1978, provided that fo…

ANNOTATIONS Repeals. — Laws 1991, ch. 122, § 13 repealed 51-1-49 NMSA 1978, as enacted by Laws 1936 (S.S.), ch. 1, § 20, relating to part-time workers, effective April 3, 1991. For provisions of former section, see the 1990 NMSA 1978 on NMOneSource.com.

A. An unemployed individual shall be eligible to receive benefits with respect to any week only if the individual: (1) has made a claim for benefits with respect to such week in accordance with such rules as the secretary may prescribe; (2) has registered for work at, and thereaf…