2020 New Mexico Statutes
Chapter 51 - Unemployment Compensation
Article 1 - Unemployment Compensation
Section 51-1-41 - Nonliability of state.
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 liable for any amount in excess of such sums.
History: 1936 (S.S.), ch. 1, § 18; 1941 Comp., § 57-821; 1953 Comp., § 59-9-21; Laws 1979, ch. 280, § 43.
ANNOTATIONSInterest not recoverable from employer where not recoverable from department. — Where the commission (now department) itself took a timely appeal, thus staying execution and delaying the payment of claims, and the commission (now department) is not liable for interest, it would be illogical to hold that appellants could recover from the employer when they could not do so from the commission (department). Bateman v. Kennecott Copper Corp., 1969-NMSC-126, 80 N.M. 778, 461 P.2d 911.
