N.M. Stat. Ann. § 10-11-6.1 – Service credit for certain injured members on approved workers' compensation leave

A. A member whose affiliated public employer has provided written certification to the association, in the form and manner prescribed by the association, that the employee was injured while performing a work-related function or duty in an inherently dangerous location or under inherently dangerous circumstances and that the member is absent from work and has been placed on approved workers' compensation leave as a result of the injury shall accrue service credit for the period of absence from work while on workers' compensation leave; provided that:
1. (1) the member is a peace officer covered pursuant to state general member coverage plan 3; a state police member; a state fire member; an adult correctional officer member; a municipal fire member; a municipal police member; or a municipal detention officer member;
2. (2) the member retains membership in the association during the period of absence from work on approved workers' compensation leave; and
3. (3) the member's affiliated public employer pays the injured employee's member contributions as well as the employer contributions and remits to the association the total amount of employee and employer contributions that would have been paid if the member had not been absent from work while on approved workers' compensation leave. The contribution amounts shall be calculated based upon a salary equal to the member's salary at the time of the injury.
B. The affiliated public employer shall provide an appeal process for an injured employee on approved workers' compensation leave who is determined by the affiliated public employer not to meet the criteria in Subsection A of this section.

History: Laws 2016, ch. 39, § 2; 2026, ch. 14, § 3.

ANNOTATIONS

The 2026 amendment, effective May 20, 2026, added state fire members to an existing provision that grants service credit for certain injured members on approved workers' compensation leave; in Subsection A, Paragraph A(1), after "police member" added "a state fire member."

Applicability. — Laws 2026, ch. 14, § 13 provided that the provisions of 10-11-6.1 NMSA 1978 shall apply to approved workers' compensation leave that was taken by a member prior to or after May 20, 2026.