A. The secretary is hereby authorized to enter into reciprocal arrangements with appropriate and duly authorized agencies of other states or of the federal government, or both, whereby services performed by an individual for a single employing unit for which services are customarily performed by such individual in more than one state shall be deemed to be services performed entirely within any one of the states (1) in which any part of such individual's service is performed; or (2) in which such individual has his residence; or (3) in which the employing unit maintains a place of business; provided there is in effect, as to such services, an election, by an employing unit with the acquiescence of such individual, approved by the agency charged with the administration of such state's unemployment compensation law, pursuant to which services performed by such individual for such employing unit are deemed to be performed entirely within such state.
B. The department shall participate in any arrangement for the payment of compensation on the basis of combining an individual's wages and employment covered under the Unemployment Compensation Law with his wages and employment covered under the unemployment compensation laws of other states which are approved by the United States secretary of labor in consultation with the state unemployment compensation agencies as are reasonably calculated to assure the prompt and full payment of compensation in such situations and which include provisions for:
(1) applying the base period of a single state law to a claim involving the combining of an individual's wages and employment covered under two or more state unemployment compensation laws; and
(2) avoiding the duplicate use of wages and employment by reason of such combining; and
(3) for purposes of this subsection no such arrangement shall be entered into unless it contains provisions for reimbursements to the fund for such of the benefits paid under the Unemployment Compensation Law upon the basis of such wages or services, and provisions for reimbursements from the fund for such of the compensation paid under such other law upon the basis of wages for insured work, as the secretary finds will be fair and reasonable as to all affected interests.
C. Contributions and payments in lieu of contributions due under the Unemployment Compensation Law with respect to wages for insured work shall for the purposes of Section 51-1-36 NMSA 1978 be deemed to have been paid to the fund as of the date payment was made as contributions or payments in lieu of contributions therefor under another state or federal unemployment compensation law, but no such arrangement shall be entered into unless it contains provisions for such reimbursement to the fund of such contributions or payments in lieu of contributions as the secretary finds will be fair and reasonable as to all affected interests.
D. Reimbursements paid from the fund pursuant to Subsection B of this section shall be deemed to be benefits for the purposes of the Unemployment Compensation Law. The department is authorized to make to other state or federal agencies and to receive from such other state or federal agencies, reimbursements from or to the fund, in accordance with arrangements entered into pursuant to Subsection B of this section.
E. The administration of the Unemployment Compensation Law and of other state and federal unemployment compensation and public employment service laws will be promoted by cooperation between this state and such other states and the appropriate federal agencies in exchanging services, and making available facilities and information. The secretary is therefore authorized to make such investigations, secure and transmit such information, make available such services and facilities and exercise such of the other powers provided herein with respect to the administration of the Unemployment Compensation Law as he deems necessary or appropriate to facilitate the administration of any such unemployment compensation or public employment service law, and in like manner to accept and utilize information, services and facilities made available to this state by the agency charged with the administration of any such other unemployment compensation or public employment service law.
F. To the extent permissible under the laws and constitution of the United States, the secretary is authorized to enter into or cooperate in arrangements whereby facilities and services provided under the Unemployment Compensation Law and facilities and services provided under the unemployment compensation law of any foreign government, may be utilized for the taking of claims and the payment of benefits under the Unemployment Compensation Law of this state or under a similar law of such government.
History: Laws 1936 (S.S.), ch. 1, § 21; 1941 Comp., § 57-824; Laws 1941, ch. 205, § 12; 1943, ch. 108, § 1; 1953 Comp., § 59-9-25; Laws 1971, ch. 209, § 8; 1973, ch. 216, § 11; 1979, ch. 280, § 49.
ANNOTATIONSDual payments not prohibited. — There is no inconsistency between Section 51-1-8 NMSA 1978 and this section and nothing under New Mexico law prohibits dual payment of unemployment compensation, so long as such payments are not duplicate in nature. 1953 Op. Att'y Gen. No. 53-5635.