A. Other than names of members and local administrative units by which a member was employed; dates of employment, retirement and reported death; service credit; reported salary; retirement and disability benefits; and amounts of contributions made by members and local administrative units, neither the board nor its employees or contractors shall allow public inspection or disclosure of any information regarding a member or retired member to anyone except:
(1) the member, retired member or the spouse or authorized representative of the member or retired member;
(2) other persons specifically identified in a prior release and consent, in the form prescribed by the board, executed by the member, retired member, spouse or authorized representative; or
(3) the attorney general, appropriate law enforcement agencies, the state auditor or the public education department or higher education department, if the information provided relates to contributions, payments or management of money received by, or the financial controls or procedures of, a local administrative unit.
B. No person receiving information disclosed by a violation of Subsection A of this section shall disclose that information to any other person unless authorized by an applicable confidentiality agreement, board rule or state law.
C. Whoever knowingly violates a provision of Subsection A or B of this section is guilty of a petty misdemeanor and shall be sentenced in accordance with Section 31-19-1 NMSA 1978.
History: Laws 2009, ch. 240, § 1; 2009, ch. 248, § 1; 2010, ch. 60, § 1.
The 2010 amendment, effective May 19, 2010, in Subsection A, after "reported salary", added "retirement and disability benefits".
Structure New Mexico Statutes
Article 11 - Educational Retirement
Section 22-11-1 - Short title.
Section 22-11-2 - Definitions.
Section 22-11-3 - Educational retirement board; members; terms; vacancies.
Section 22-11-4 - Board; regular and special meetings.
Section 22-11-5 - Board; record; quorum; compensation.
Section 22-11-5.1 - Restrictions on receipt of gifts.
Section 22-11-6 - Board; powers; duties.
Section 22-11-7 - Educational retirement director; bond.
Section 22-11-8 - Medical authority; fees.
Section 22-11-9 - Actuary; fees.
Section 22-11-10 - Salaries; fees; expenditures.
Section 22-11-11 - Educational retirement fund; suspense fund.
Section 22-11-12 - Fund; suspense fund; disbursements.
Section 22-11-14 - Fund; restrictions.
Section 22-11-15 - Fund; refunds; payments.
Section 22-11-16 - Regular membership.
Section 22-11-16.1 - Regular membership continuation of certain transferred employees.
Section 22-11-16.2 - Substitutes; membership status.
Section 22-11-17 - Provisional membership.
Section 22-11-19 - Regular or provisional membership; optional coverage.
Section 22-11-19.2 - Regular or provisional membership; regional education cooperatives.
Section 22-11-21 - Contributions; members; local administrative units.
Section 22-11-21.1 - Member contributions; tax treatment.
Section 22-11-21.2 - Salary calculation; limitations.
Section 22-11-21.3 - Pick up; rollover.
Section 22-11-22 - Payment; records; audits.
Section 22-11-23 - Retirement eligibility; initial membership prior to July 1, 2010.
Section 22-11-23.1 - Retirement eligibility; initial membership on or after July 1, 2010.
Section 22-11-23.2 - Retirement eligibility membership on or after July 1, 2013.
Section 22-11-23.3 - Retirement eligibility; initial membership on or after July 1, 2019.
Section 22-11-24 - Retirement benefits; minimum contributory employment.
Section 22-11-25 - Retirement; reemployment.
Section 22-11-25.1 - Return to employment; benefits; contributions.
Section 22-11-26 - Death during reemployment.
Section 22-11-27 - Deferred retirement; restriction.
Section 22-11-28 - Applications for retirement; effective date.
Section 22-11-29 - Retirement benefit options.
Section 22-11-30 - Retirement benefits; reductions.
Section 22-11-30.1 - Educational retirement; qualified excess benefit.
Section 22-11-32 - Adjustment of benefits.
Section 22-11-33 - Earned service credit.
Section 22-11-34 - Allowed service credit.
Section 22-11-34.1 - Sick leave service credit.
Section 22-11-35 - Disability benefit; eligibility; medical examination.
Section 22-11-36 - Disability benefit; continued eligibility; re-examinations.
Section 22-11-37 - Disability benefit.
Section 22-11-38 - Disability retirement.
Section 22-11-39 - Report of improved health; penalty.
Section 22-11-40 - Restoration to fund.
Section 22-11-43 - Insurance or banking laws inapplicable.
Section 22-11-44 - Saving clause; retirement benefits; disability benefits.
Section 22-11-44.1 - Repealed.
Section 22-11-47 - Alternative retirement plan; election of coverage.
Section 22-11-48 - Alternative retirement plan; contributory employment.
Section 22-11-49 - Alternative retirement plan; contributions.
Section 22-11-50 - Alternative retirement plan; tax treatment.
Section 22-11-51 - Alternative retirement plans; benefits; transfer upon unemployment.
Section 22-11-52 - Alternative retirement plan; selection of contractor or carrier; administration.
Section 22-11-53 - Correction of errors and omissions; estoppel.
Section 22-11-54 - Disclosure of third-party marketers; penalty.
Section 22-11-55 - Disclosure of member or retired member information; penalty.