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Summary of differences between federal and state regulations
Employee benefits are generally covered under the federal jurisdiction of the Employee Retirement Income Security Act (ERISA).
Federal ERISA plans generally do not have to comply with state laws. ERISA rules preempt or block state laws that relate to ERISA plans. State insurance laws, however, do apply. New Mexico law covers group life insurance, which provides, for example, the following:
The employer cannot be the beneficiary.
The premium must be paid either from the employer's funds or from funds contributed to by the insured employees, or from both. A policy on which no part of the premium is to be derived from funds contributed by the insured employees must insure all eligible employees, except those who reject such coverage in writing and those to whom evidence of individual insurability is not satisfactory to the insurer.
There is a 31 day grace period.
State
Contact
Regulations
New Mexico Statutes, §59A-21-4, Employee groups; and §59A-21-12, Grace period
(Browse to Chapter 59A, Article 21.)
Federal
Contact
Employee Benefits Security Administration (EBSA)
Regulations
29 CFR chapter XXV (Parts 2509 – 2590)