2018 New Mexico Statutes
Chapter 10 - Public Officers and Employees
Article 11 - Retirement of Public Officers and Employees Generally
Section 10-11-4.2 - Correction of errors and omissions; estoppel.
A. If an error or omission results in an overpayment to a member or beneficiary of a member, the association shall correct the error or omission and adjust all future payments accordingly. The association shall recover all overpayments made for a period of up to one year prior to the date the error or omission was discovered.
B. A person who is paid more than the amount that is lawfully due him as a result of fraudulent information provided by the member or beneficiary shall be liable for the repayment of that amount to the association plus interest on that amount at the rate set by the retirement board plus all costs of collection, including attorney fees if necessary. Recovery of such overpayments shall extend back to the date the first payment was made based on the fraudulent information.
C. Statements of fact or law made by retirement board members or employees of the retirement board or the association shall not estop the retirement board or the association from acting in accordance with the applicable statutes.
History: Laws 1993, ch. 239, § 1; 1997, ch. 189, § 3.
The 1997 amendment, effective June 20, 1997, inserted "retirement" preceding "board" throughout the section; deleted "in an application or its supporting documents" following "omission" in Subsection A; and made a stylistic change in Subsection B.
Constitutionality. — This section is not unconstitutional; it acts merely to bar the remedy of recovery of overpayments made to retirement pension beneficiaries upon the expiration of one year from the date of each overpayment. This section is not intended to, nor does it have the effect of, releasing obligations or liabilities held or owned by or owing to the state. State ex rel. Pub. Emps. Ret. Ass'n v. Longacre, 2002-NMSC-033, 133 N.M. 20, 59 P.3d 500.
