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 an amount equal to the amount of regular benefits and extended benefits paid that is attributable to service in the employ of such local public body to individuals for weeks of unemployment.
B. Any local public body electing to make payments in lieu of contributions shall be:
(1) subject to the provisions of Subsections B and E of Section 51-1-13 NMSA 1978 governing the payment of contributions and formation of group accounts by nonprofit organizations; and
(2) required to make an election to become liable for payments in lieu of contributions for a period of not less than two taxable years by filing a written notice of its election with the department.
C. Payments made by any local public body under the provisions of this section shall not be deducted or deductible, in whole or in part, from the remuneration of individuals in the employ of the local public body.
D. The secretary shall have the authority, in accordance with established principles of law, to determine what constitutes a separate local public body for the purposes of this section.
E. Local public bodies electing to make payments in lieu of contributions through a group account, pursuant to Subsection E of Section 51-1-13 NMSA 1978, may authorize the group agent to invest money deposited in the group account. Money deposited in the group account and any income from such account shall be held in trust and deposited in a segregated account. Money in the account may be invested only in legal investments for the state permanent fund. Money in the account shall be used for the purpose of the account, including but not limited to paying the cost of benefits, penalties and interest and the cost of administering the account.
History: 1953 Comp., § 59-9-7.7, enacted by Laws 1977, ch. 227, § 3; 1978, ch. 131, § 2; 1979, ch. 280, § 23.
Cross references. — For applicability of provisions to government entities, see 51-1-47 NMSA 1978.
Structure New Mexico Statutes
Chapter 51 - Unemployment Compensation
Article 1 - Unemployment Compensation
Section 51-1-3 - Declaration of state public policy.
Section 51-1-4 - Monetary computation of benefits; payment generally.
Section 51-1-5 - Benefit eligibility conditions.
Section 51-1-7 - Disqualification for benefits.
Section 51-1-8 - Claims for benefits.
Section 51-1-8.1 - Voluntary withholding of federal income tax.
Section 51-1-9 - Contributions; computation; payment.
Section 51-1-10 - Rate of contribution.
Section 51-1-12 - Penalty; late payment of contributions.
Section 51-1-13 - Financing benefits paid to employees of nonprofit organizations.
Section 51-1-14 - Financing benefits paid to employees of governmental entities.
Section 51-1-15 - Risk management division; payments in lieu of contributions.
Section 51-1-17 - Budgets; governmental entities.
Section 51-1-18 - Period, election and termination of employer's coverage.
Section 51-1-19 - Unemployment compensation fund.
Section 51-1-21 - Seal; report.
Section 51-1-23 - Publication.
Section 51-1-25 - Advisory councils.
Section 51-1-26 - Employment stabilization.
Section 51-1-27 - Records and papers.
Section 51-1-28 - Oaths and witnesses.
Section 51-1-29 - Enforcement of subpoenas; penalty.
Section 51-1-30 - Protection against self-incrimination.
Section 51-1-31 - State-federal cooperation.
Section 51-1-32 - Disclosure of information; penalty.
Section 51-1-33 - Employment service.
Section 51-1-34 - Administration funds.
Section 51-1-35 - Reimbursement of fund.
Section 51-1-36 - Collection of contributions.
Section 51-1-37 - Protection of rights and benefits.
Section 51-1-37.1 - Child support obligations.
Section 51-1-37.2 - Food stamp overissuances.
Section 51-1-38 - Penalties; liability for benefit overpayment.
Section 51-1-39 - [Saving clause.]
Section 51-1-40 - Actions for enforcement.
Section 51-1-41 - Nonliability of state.
Section 51-1-42 - Definitions.
Section 51-1-43 - Unemployment compensation; governmental entities.
Section 51-1-44 - Additional definitions.
Section 51-1-47 - Application of the act [Applicability of act to governmental entities].
Section 51-1-48 - Definitions; extended benefits.
Section 51-1-48.1 - Extended benefits; eligibility.
Section 51-1-48.2 - Extended benefits; payments.
Section 51-1-50 - Reciprocal arrangements.
Section 51-1-51 - Record availability; cooperation.
Section 51-1-52 - Effectiveness of federal act inoperative.
Section 51-1-52.1 - Leasing employer; temporary services employer.
Section 51-1-53 - [Saving clauses.]
Section 51-1-55 - Res judicata and collateral estoppel prohibition.
Section 51-1-56 - Death reports.