New Mexico § 51-1-50 - Reciprocal arrangements

§ 51-1-50. Reciprocal arrangements

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.