44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO PUBLIC EMPLOYEES; SETTING A TIME LIMIT FOR FINAL DECISION IN ADMINISTRATIVE APPEALS FOR DENIAL OF DISABILITY BENEFITS; PROVIDING A REMEDY TO CLAIMANT IF TIME LIMIT IS EXCEEDED.

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

Section 1. Section 10-11-120 NMSA 1978 (being Laws 1987, Chapter 253, Section 120, as amended) is amended to read:

"10-11-120. DENIAL OF BENEFIT CLAIM--APPEALS--LIMITATION ON TIME FOR DECISION--REMEDY OF CLAIMANT.--

A. A benefit claimant shall be notified in writing of a denial of a claim for benefits within thirty days of the denial. The notification shall give the reason for the denial. A claimant may appeal the denial and request a hearing. The appeal shall be in writing filed with the association within ninety days of the denial. The appeal shall contain a statement of the claimant's reason for claiming the denial to be improper. The retirement board shall schedule a de novo hearing of the appeal before the retirement board or, at the discretion of the retirement board, a designated hearing officer or committee of the retirement board within sixty days of receipt of the appeal. A final decision on the matter being appealed shall be made by the retirement board within one hundred twenty days from the date of the conclusion of the hearing and if not made within that time limit, the benefits claimed by the claimant shall be awarded and the denial reversed effective retroactively to the date the denial of the claim was made.

B. Appeals from a final decision of the retirement board may be filed pursuant to the provisions of Section [12-8A-1] 39-3-1.1 NMSA 1978."