SENATE BILL 400

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Gerald Ortiz y Pino

AN ACT

RELATING TO CERTAIN PUBLIC POST-SECONDARY EDUCATIONAL INSTITUTIONS; PROVIDING THAT, EXCEPT AS OTHERWISE PROVIDED BY LAW, INDIVIDUALS EMPLOYED AS GRADUATE ASSISTANTS, TEACHING ASSISTANTS, RESEARCH ASSISTANTS AND PROJECT ASSISTANTS BY THE INSTITUTIONS SHALL BE CONSIDERED EMPLOYEES FOR ALL PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of Chapter 21, Article 1 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] ASSISTANTS CONSIDERED EMPLOYEES--EXCEPTIONS.--

          A. Except as provided in Subsection B of this section and except as otherwise provided by law, an individual employed as a graduate assistant, a teaching assistant, a research assistant or a project assistant by a public post-secondary educational institution named in Article 12, Section 11 of the constitution of New Mexico shall be considered an employee of that institution for all purposes.

          B. Notwithstanding the provisions of Subsection A of this section, an individual referenced in that subsection shall not be considered a regular member pursuant to the Educational Retirement Act."

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