A. Other than names of members and local administrative units by which a member was employed; dates of employment, retirement and reported death; service credit; reported salary; retirement and disability benefits; and amounts of contributions made by members and local administrative units, neither the board nor its employees or contractors shall allow public inspection or disclosure of any information regarding a member or retired member to anyone except:
- (1) the member, retired member or the spouse or authorized representative of the member or retired member;
- (2) other persons specifically identified in a prior release and consent, in the form prescribed by the board, executed by the member, retired member, spouse or authorized representative;
- (3) the attorney general, appropriate law enforcement agencies, the state auditor or the public education department or higher education department, if the information provided relates to contributions, payments or management of money received by, or the financial controls or procedures of, a local administrative unit; or
- (4) the public employees retirement board for the purpose of administering the Public Employees Retirement Reciprocity Act [Chapter 10, Article 13A NMSA 1978].
- B. No person receiving information disclosed by a violation of Subsection A of this section shall disclose that information to any other person unless authorized by an applicable confidentiality agreement, board rule or state law.
- C. Whoever knowingly violates a provision of Subsection A or B of this section is guilty of a petty misdemeanor and shall be sentenced in accordance with Section 31-19-1 NMSA 1978.
History: Laws 2009, ch. 240, § 1; 2009, ch. 248, § 1; 2010, ch. 60, § 1; 2025, ch. 6, § 5.
ANNOTATIONS
The 2025 amendment, effective June 20, 2025, amended an existing list of exceptions to the provision prohibiting the educational retirement board from sharing member or retired member information, to allow the educational retirement board to share member information with the public employees retirement board for the purpose of implementing the Public Employees Retirement Reciprocity Act; and in Subsection A, added Paragraph A(4).
The 2010 amendment, effective May 19, 2010, in Subsection A, after "reported salary", added "retirement and disability benefits".