New Mexico
Register / Volume XXXVII, Issue 17 / September 9, 2026
This is an amendment
to 11.3.300 NMAC Sections 301, 315 and 320 to be effective
9/9/2026.
11.3.300.301 FILING
INITIAL, ADDITIONAL AND REOPENED CLAIMS:
A. Upon
filing an initial claim, an additional claim, or a reopened claim, the claimant
shall be subject to a waiting week period before the commencement of benefits
begins.
B. Unless
otherwise prescribed, [any claimant wishing to claim] individuals
claiming unemployment benefits shall register for work, file an initial,
additional, transitional or reopened claim [for benefits] and provide
the name and address of their last employer.
C. The
date of filing of any initial, additional or reopened claim shall be the Sunday
of the week in which filed. Upon a
showing of good cause, any initial claim or additional claim may be back-dated
to the Sunday of the week immediately following the week in which the claimant was
separated, and any reopened claim may be back-dated up to a maximum of 21 days
from the preceding Sunday of the date of the request for back-dating. “Good cause,” as used in [11.3.300.301]
11.3.300.7 NMAC, exists when it is established that factors or
circumstances beyond the reasonable control of the claimant caused the delay in
filing. All requests for back-dating or
post-dating shall include a fact-finding response.
D. Unless
otherwise prescribed, all claims shall be made online or by phone, giving all
information required thereby. A claimant
shall also separately register for work within 14 calendar days of the date the
claim is filed. If a claimant is already
registered with the department from a prior claim, the registration must be
reactivated within 14 days of the date the claim is filed. If a claimant’s registration is not current
with the department, their benefits shall be temporarily withheld until they comply
unless good cause for the failure to register is shown.
E. An individual must verify their identity within 10
days of filing an initial application using one of the approved methods
prescribed by the department. Failure to
verify identity within 10 days of filing the claim will result in a denial of
benefits from the date of the initial claim until verification is completed.
[11.3.300.301 NMAC - Rp,
11.3.300.301 NMAC, 11/1/2018 A, 10/29/2019; A, 9/9/2026]
11.3.300.315 RETIREMENT INCOME:
A. Each
eligible claimant who, pursuant to a pension or retirement plan financed in
whole or in part by a base-period employer of the claimant shall have the
weekly benefit amount reduced, but not below zero, by the prorated amount of
the pension, retirement pay, annuity or other similar periodic or lump-sum
payment that exceeds the percentage contributed to the plan by the eligible
claimant. The maximum benefit amount
payable shall also be reduced to an amount not more than 26 times the reduced weekly
benefit amount. For purposes of this
section periodic retirement income is not deemed “received”, if , under the
time period allowed by the Internal Revenue Code, 26 U.S.C. Section 3405 and
related provisions, that amount is placed in a non-taxable qualifying
retirement account.
B. A
claimant’s monthly pension or retirement payment shall be multiplied by 12,
then divided by 52 to determine the amount of pension or retirement income
attributed to a week [beginning with the last week worked prior to
separation from employment] in which the pension became effective.
C. A
lump-sum pension or retirement payment shall be considered a periodic payment
and the amount divided by 52 and allocated on a weekly basis beginning with the
last week worked prior to separation from employment.
[11.3.300.315 NMAC - Rp,
11.3.300.315 NMAC, 11/1/2018 A, 10/29/2019; A, 9/9/2026]
11.3.300.320 WORK SEARCH REQUIREMENT:
A. WORK
SEARCHES: To qualify for continued
benefits, a claimant must:
(1) be
a member of a union with a hiring hall or a referral hall and meet the union
requirements for job referral or placement;
(a) the claimant must be a member in good
standing at the time of certification;
(b) the hiring hall or referral hall must
be actively seeking to place its members in employment; or
(2) actively
seek work by contacting a minimum [number] of two different
employers each week during the week for which benefits are claimed, as directed
by department representatives. It is not
mandatory that the work searches occur on different days of the week;
(a) a
claimant may contact the same employer more than one time during a given week,
which may count for multiple searches if the claimant applies for multiple jobs
with the same employer so long as the applications are distinct and separate
positions;
(b) a
claimant may list jobs applied for through the New Mexico department of
workforce solutions [workforce connection centers], the New Mexico state
personnel office (SPO), [America's job bank,] Workforce Innovation and
Opportunity Act (WIOA) partners and similar programs as approved from time to
time by the department as valid work search contacts for each week of claim
certification;
(c) a valid work search may also include
participating in documented reemployment activities through the department of
workforce solutions, job networking providers, or other job recruitment
providers.
(3) Other
unions may apply for work search waivers by submitting a request in writing to the
secretary, who may upon discretion make an exception to the work search
requirements.
B. In
order to qualify for continued interstate benefits [, interstate,]
if New Mexico is the liable state, claimants must seek work within the week for
which benefits are being claimed and actively seek work by contacting a minimum
of two different employers each week, or if a union member, actively seek work
by contacting the union as required by the union in order to be eligible for
job referral or placement
C. Claimants
must keep a record of the name, address, [and] telephone number,
[or]electronic mail address or web address of each employer or
reemployment service provider contacted in the event of an audit. [and]
Claimants must retain a copy of any email confirmation received as a
result of applying for a job on-line;
(1) This
information must be provided to department representatives upon request;
(2) the
claimant must provide the requested information no later than 10 calendar days from
the date of the department’s request;
(3) the
claimant must provide sufficient information for the department to verify the
claimant’s work search efforts. If the
claimant is able to provide specific job numbers or requisition numbers for the
job applied for, this information will be considered sufficient to verify the
contact;
(4) failure
to provide the required information without good cause may result in a denial
of benefits for the week in question;
(5) if
the information provided is insufficient to verify a valid work search
occurred, benefits for the week in question will be denied;
(6) if
a denial is imposed, the effective period may include weeks for which the
claimant has already been paid benefits.
Such benefits would constitute an overpayment which would be recouped
pursuant to Section 51-1-38 NMSA 1978;
(7) any
denial imposed for failure to provide the required information may be appealed
pursuant to 11.3.300.500.9 NMAC;
D. A
claimant whose work search is deemed inadequate or invalid shall be denied
benefits for the week in question. A
rebuttable presumption that the claimant failed to meet the active work-search
requirements for that week will be raised in all cases where a claimant’s work
search is deemed inadequate or invalid.
In order to overturn the denial of benefits the claimant shall provide
proof that the claimant did meet the active work-search requirements for that
week. If a denial is imposed, the effective
period may include weeks for which the claimant has already been paid
benefits. Such benefits would constitute
an overpayment which would be recouped pursuant to Section 51-1-38 NMSA 1978. Any denial imposed on the basis of an
inadequate or invalid work search may be appealed pursuant to 11.3.300.500.9
NMAC.
E. The
department may waive the work search requirements for claimants who the
department determines are on temporary lay-off status from their regular full-time
employment upon receipt of an assurance from the employer that the lay-off
shall not exceed four weeks or upon receipt of an express offer in writing of
substantially full-time work which will begin within a period not exceeding
four weeks. Such waivers shall apply
only to the four-week period covered on the determination. A claimant who receives a determination
granting a waiver for the four-week period shall promptly transmit any change to
the claimant’s recall date or start date to the department. The claimant's eligibility shall then be
subject to redetermination pursuant to Subsection A of 11.3.300.308 NMAC.
F. In
cases where the department determines a claimant is in a temporary lay-off
status due to a government furlough or shutdown, the department may waive the
work search requirements during the period of the temporary lay-off for all
affected claimants.
G. In
the event of a public health emergency declaration issued by the governor, work
searches shall be waived for all claimants at the discretion of the secretary
until the end of the public health crisis.
[11.3.300.320 NMAC - Rp, 11.3.300.320 NMAC, 11/1/2018; A/E, 1/9/2019 A,
10/29/2019; A/E 7/28/2020; A, 1/12/2021; A, 9/9/2026]