2020 New Mexico Statutes
Chapter 10 - Public Officers and Employees
Article 14 - Social Security Coverage
Section 10-14-1 - Declaration of policy.

In order to extend to employees of the state and its political subdivisions and to the dependents and survivors of such employees, the basic protection accorded to others by the old-age and survivors' insurance system embodied in the Social Security Act, it is hereby declared to be the policy of the legislature, subject to the limitations of this act [10-14-1 to 10-14-3, 10-14-5 to 10-14-10 NMSA 1978], that such steps be taken as to provide such protection to employees of the state and its political subdivisions on as board [broad] a basis as is permitted under the Social Security Act. It is also the policy of the legislature that the protection afforded employees in positions covered by a retirement system on the date an agreement under this act is made applicable to service performed in such positions, or receiving periodic benefits under such retirement system at such time, will not be impaired as a result of making the agreement so applicable or as a result of legislative enactment in anticipation thereof.

History: 1953 Comp., § 5-7-1, enacted by Laws 1955, ch. 172, § 1.

Cross references. — For the federal Social Security Act, see 42 U.S.C. § 301 et seq.

Legislative effect. — What in effect the legislature did by the passage of Laws 1955, ch. 172, was make an offer to all state employees covered by state retirement system that if they elected to come within the provisions of social security, the state would provide for the share required by the Social Security Act from the employer. 1957 Op. Att'y Gen. No. 57-61.

Effect of section on school for visually handicapped. — The New Mexico school for the visually handicapped is not legally separate and distinct; it is in fact a state educational institution. Most of its funds come from either state school lands or from appropriations from the legislature. This institution is actually a part of the state. Inasmuch as the school for the visually handicapped is not a political subdivision, it cannot be considered a separate retirement system for the purposes of holding a referendum relative to the coverage under the old-age and survivors insurance program. 1956 Op. Att'y Gen. No. 56-6411.

Eligibility. — Under the social security laws, both state and federal, all members of the retirement system become eligible for social security upon a favorable vote of the referendum posing the questions of joining the social security system. 1956 Op. Att'y Gen. No. 56-6416.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 81 C.J.S. Social Security and Public Welfare §§ 28, 32 et seq.