N.M. Stat. § 58-33-8
New Mexico retirement plan marketplace.
A. The board shall provide for the design and implementation of the New Mexico
retirement plan marketplace website. The New Mexico retirement plan marketplace will
be hosted on and accessible online through the New Mexico work and save platform
that provides covered employers and employees with access to financial service
providers that have been approved by the board to administer and maintain
marketplace participant investment accounts. In developing and implementing the New
Mexico retirement plan marketplace, the board may work in concert with other states or
private or nonprofit entities offering an online marketplace similar to the New Mexico
retirement plan marketplace website.
B. In establishing the New Mexico retirement plan marketplace, the board shall:
(1)
design the New Mexico retirement plan marketplace as a website
accessible online through the New Mexico work and save platform to connect
employers and individuals with retirement savings plans, ensuring that the design does
not favor a particular kind of service provider or business model;
(2)
establish requirements for financial service providers that participate in the
marketplace and for plans offered on the marketplace;
(3)
develop marketing, outreach and educational materials; and
(4)
promote the benefits of retirement savings and financial literacy.
C. The board shall provide public notice of the process for inclusion on the New
Mexico retirement plan marketplace website before the website becomes publicly
available. The marketplace shall be available to the public before the board opens the
New Mexico work and save IRA program for enrollment, and the marketplace website
address shall be included on any internet website posting or other materials regarding
the New Mexico work and save IRA program. The board shall allow all financial service
providers that meet the requirements established by the board to participate in the New
Mexico retirement plan marketplace. In addition, the board shall not exclude, by policy
or otherwise, a retirement plan or option within a plan that meets the requirements of
the board and is otherwise allowed under federal or state law, including plan design
options that are selected by the employer.
D. Participation in plans offered on the New Mexico retirement plan marketplace is
voluntary for covered employers and employees; provided that an employer that offers a
retirement plan through the New Mexico retirement plan marketplace may use
automatic enrollment and automatic escalation of contributions but shall allow an
employee opt-out option.
E. The New Mexico retirement plan marketplace may offer an array of private
retirement plan options, including a:
(1)
simple individual retirement-type plan;
(2)
payroll deduction individual retirement-type plan;
(3)
multiple-employer plan, if allowed under federal law; and
(4)
plan described in Section 401(a) or 403(b) of the Internal Revenue Code.
F. The New Mexico retirement plan marketplace shall offer a financial literacy
module for employers and employees.
G. The New Mexico retirement plan marketplace shall allow, but shall not require,
the availability within approved plans of distribution options that provide income in
retirement, including systematic withdrawal programs, guaranteed lifetime withdrawal
benefits and annuities.
H. The board shall establish administrative fees for financial service providers that
participate in the New Mexico retirement plan marketplace. The fees shall be sufficient
to cover the actual cost of maintaining the New Mexico retirement plan marketplace.