Section 51-1-15 - Risk management division; payments in lieu of contributions. - New Mexico Statutes

51-1-15. Risk management division; payments in lieu of contributions.

A.     Benefits paid to employees of governmental entities covered by the provisions of state government unemployment compensation reserve fund or the local public body unemployment compensation reserve fund shall be financed as follows:   

(1)     for each state agency, the risk management division of the general services department shall pay from the state government unemployment compensation reserve fund to the department 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 state agency to individuals for weeks of unemployment; and   

(2)     for each local public body covered by the local public body unemployment compensation reserve fund, the risk management division of the general services department shall pay from the local public body unemployment compensation reserve fund to the department 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.     Payments in lieu of contributions shall be made at the end of each calendar quarter. Payment of any bill rendered shall be made by the risk management division not later than thirty days after such bill was mailed or otherwise delivered by the department to the risk management division and to the employer governmental entity unless there has been an application for review and redetermination of the amount due.   

C.     Payments made by the risk management division under the provisions of this section shall not be deductible, in whole or in part, from the remuneration of individuals in the employ of the governmental entity.   

D.     Past due payments of amounts in lieu of contributions are subject to the same penalties that are applied to past due contributions under Section 51-1-12 NMSA 1978. The provisions of Section 51-1-36 NMSA 1978 shall apply to all contributions or payments of amounts in lieu of contributions for which the risk management division becomes liable.   

E.     On the effective date of this act, the secretary shall establish the following group accounts:   

(1)     "the state account," for funds received from the state government unemployment compensation reserve fund; and   

(2)     "the local public body account," for funds received from the local public body unemployment compensation reserve fund.   

F.     Notice of claims for governmental entities participating in the state government unemployment compensation reserve fund or the local public body unemployment compensation reserve fund shall be given to the risk management division. Upon written request, the department shall provide to any governmental entity participating in the state government unemployment compensation reserve fund or the local public body unemployment compensation reserve fund a copy of the notice of claim to the last employer.