N.M. Stat. § 59A-20-21
Annuities, misstatement of age or sex.
In an annuity or pure endowment contract, other than a reversionary, survivorship or
group annuity, there shall be a provision that if the age or sex of the person or persons
upon whose life or lives the contract is made, or of any of them, has been misstated, the
amount payable or benefits accruing under the contract shall be such as the stipulated
payment or payments to the insurer would have purchased according to the correct age
or sex and that if the insurer makes or has made any overpayment or overpayments on
account of any such misstatement, the amount thereof, with interest at the rate to be
specified in the contract but not exceeding six percent per annum, may be charged
against the current or next succeeding payment or payments to be made by the insurer
under the contract.