New Mexico Statutes

N.M. Stat. § 22-11-1 (2026)

Short title.

✓ current as of May 2026

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Chapter 22, Article 11 NMSA 1978 may be cited as the "Educational Retirement
Act".

History: 1953 Comp., § 77-9-1, enacted by Laws 1967, ch. 16, § 125; 1991, ch. 118, §
2.

                                    ANNOTATIONS

The 1991 amendment, effective July 1, 1991, substituted "Chapter 22, Article 11 NMSA
1978" for "Sections 77-9-1 through 77-9-45 New Mexico Statutes Annotated, 1953
Compilation".
Am. Jur. 2d, A.L.R. and C.J.S. references. — 78 C.J.S. Schools and School Districts
§ 338 et seq.

Notes of Decisions

Cited in 16 cases (5 in the last 5 years), 1955–2023 · leading case: Tijerina v. Baker, 438 P.2d 514 (N.M. 1968).

Sort: Relevance Newest Treatment

Tijerina v. Baker, 438 P.2d 514 (N.M. 1968). · cites it 4× “Section 22-11-1, N.M.S.A. 1953, so far as pertinent, provides: "Every person imprisoned or otherwise restrained of his liberty * * * may prosecute a writ of habeas corpus * * * to obtain relief from such imprisonment or restraint, if it proves to be unlawful.”

Pierce v. State Ex Rel. New Mexico Taxation & Revenue Dep't, 910 P.2d 288 (N.M. 1995). · cites it 2× “1992), and the Educational Retirement Act (ERA), NMSA 1978, §§ 22-11-1 to -52 (Repl.Pamp.1993).”

Wood v. State of New Mexico Educ. Ret. Bd., 2011 NMCA 20 (N.M. Ct. App. 2010). · cites it 2× “{¶ 1} The State of New Mexico Educational Retirement Board (ERB) appeals from an order of the district court directing the ERB to pay Petitioner the unpaid accumulated interest in her deceased husband’s account under the Educational Retirement Act (the Act), NMSA 1978, Sections…”

Wood v. New Mexico Educ. Ret. Bd., 250 P.3d 881 (N.M. Ct. App. 2010). · cites it 2× “{¶ 1} The State of New Mexico Educational Retirement Board (ERB) appeals from an order of the district court directing the ERB to pay Petitioner the unpaid accumulated interest in her deceased husband's account under the Educational Retirement Act (the Act), NMSA 1978, Sections…”

Hill v. Vanderbilt Capital Advisors, LLC, 834 F. Supp. 2d 1228 (D.N.M. 2011). “1978, § 22-11-1 to -55, defines a "member” as "an employee, except for a participant or a retired member, coming within the provisions of the Educational Retirement Act.”

N.M. Educ. Ret. Bd. v. Romero, 541 P.3d 175 (N.M. Ct. App. 2023). · cites it 2× “The educational retirement system is governed by the New Mexico Constitution, Article XX, Section 22, and the Educational Retirement Act (the Act), NMSA 1978, §§ 22-11-1 to -55 (1967, as amended through 2023).”

Vaughn v. State Taxation & Revenue Dep't, 648 P.2d 820 (N.M. Ct. App. 1982). “The parties have entered into a stipulation setting forth the factual predicate for the present controversy. The facts are not in dispute.”

Wirtz v. State Educ. Ret. Bd., 923 P.2d 1177 (N.M. Ct. App. 1996). “Wirtz was a full-time schoolteacher who submitted a claim to the ERB for disability benefits under NMSA 1978, Sections 22-11-1 to -52 (Repl.Pamp.1993 & Cum.”

Pub. Employees' Ret. Bd. v. Shalala, 153 F.3d 1160 (10th Cir. 1998). “The state’s educational employees are covered by a plan administered under the New Mexico Edu'cational Retirement Act (ERA), N.M. Stat. Ann. § 22-11-1 to -52 (Michie 1993).”

Owens v. Swope, 287 P.2d 605 (N.M. 1955). “See Sections 22-11-1; 22-11-5 of the 1953 statutes.”

Gonzales v. New Mexico Educ. Ret. Bd., 788 P.2d 348 (N.M. 1990). “The Educational Retirement Act, NMSA 1978, Sections 22-11-1 to -45 (Repl.Pamp.1989) (the Act) is the legislative grant of authority for the ERB.”

Orosco v. Cox, 405 P.2d 668 (N.M. 1965). “Cox, supra, concerning our habeas corpus statutes, §§ 22-11-1 to 22-11-41, incl, N.M.S.A. 1953, and particularly § 22-11-2, N.”

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