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

RELATING TO PUBLIC EMPLOYEES RETIREMENT; PROVIDING THAT INFORMATION RELATING TO AN INDIVIDUAL MEMBER OR RETIRED MEMBER IS CONFIDENTIAL; PROVIDING EXCEPTIONS; PROVIDING A PENALTY FOR DISCLOSING CONFIDENTIAL INFORMATION.

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

Section 1. A new section of the Public Employees Retirement Act is enacted to read:

"[NEW MATERIAL] CONFIDENTIALITY OF INFORMATION--PENALTY.-- Information contained in the files of the association or the retirement board and relating to a specific member or retired member shall be held confidential by the association, the retirement board and their employees and agents unless the member or retired member agrees in writing to its release. Nothing in this section shall be construed to prevent statistical information from being derived from the information available to the association or retirement board or its use in public hearings before the retirement board or in appeals from decisions of the board for which such information is essential. This section shall not be construed to protect any information, even if otherwise considered confidential under this section, if such information is also available from public, nonconfidential sources. Notwithstanding the provisions of any act requiring meetings of public bodies to be open, the board may close that part of any meeting where confidential information covered by this section is discussed. A person who willfully violates the provisions of this section is guilty of a misdemeanor."