Protection for covered employers.

A. The New Mexico work and save IRA program is not an employer-sponsored plan. A covered employer does not bear responsibility for: (1) the decision by a covered employee to participate or not to participate in the New Mexico work and save IRA program; (2) the performance of a specific savings option selection made by a program participant and facilitated through the New Mexico work and save IRA program; (3) investment decisions made by a program participant; (4) the administration, investment, investment returns or investment performance of an IRA savings option facilitated through the New Mexico work and save IRA program, including interest rate or other rate of return on a contribution or individual retirement account balance; (5) the design or administration of the New Mexico work and save IRA program or the benefits paid to or the earnings or losses of program participants; (6) a program participant's awareness of or compliance with the conditions and other provisions of the tax laws that determine which persons are eligible to make tax-favored contributions to individual retirement accounts, in what amount and in what time frame and manner; or (7) loss, failure to realize gain or other adverse consequences, including adverse tax consequences or loss of favorable tax treatment, public assistance or other benefits incurred by a program participant as a result of participating in the New Mexico work and save IRA program. B. No covered employer shall be or shall be considered to be a fiduciary under the New Mexico work and save IRA program.