N.M. Stat. § 51-1-52
Effectiveness of federal act inoperative.
If the tax imposed by Title IX of the federal Social Security Act or any amendments
thereto, or any other federal tax against which contributions under the Unemployment
Compensation Law may be credited shall be amended or repealed by congress or held
unconstitutional by the supreme court of the United States, with the result that no
portion of the contributions required under that act may be credited against such federal
tax, then that act by virtue of that fact, shall be suspended until the legislature shall
meet and take action relative thereto, and any unobligated funds in the unemployment
compensation fund, and returned by the United States treasurer because such federal
Social Security Act is inoperative, shall be held in custody by the state treasurer under
supervision of the secretary until the legislature shall provide for the disposition thereof.