NMSA 1978, § 10-11B-1 Short title
10-11B-1. Short title
Sections 1 through 5 of this act may be cited as the "Firefighters' Survivors Supplemental Benefits Act".
Laws 2007, ch. 149, § 1.
Firefighters' Survivors Supplement Benefits Act
NMSA 1978 ch. 10, art. 11B
in effectNMSA 1978, § 10-11B-2 Findings; purpose
10-11B-2. Findings; purpose
The legislature finds that firefighters throughout the state risk their lives daily to protect the residents of New Mexico. The legislature further finds that when firefighters are killed in the line of duty, their immediate families can suffer grievously, both emotionally and economically. To recognize the substantial public safety benefits conferred by firefighters, and in consideration of the sacrifices undertaken by these individuals and their families for the residents of New Mexico, it is the purpose of the Firefighters' Survivors Supplemental Benefits Act to ensure that certain supplemental death benefits accrue to the spouses and surviving children, or parents if there are no surviving children or spouse, of firefighters killed in the line of duty.
Laws 2007, ch. 149, § 2.
NMSA 1978, § 10-11B-3 Definitions
10-11B-3. Definitions
As used in the Firefighters' Survivors Supplemental Benefits Act:
A. "firefighter" means any full- or part-time member or a volunteer member of a fire department that is part of or administered by the state or any political subdivision of the state and any red-carded firefighter trained in wildland firefighting skills and hired by the state of New Mexico; and
B. "fund" means the firefighters' survivors fund.
Laws 2007, ch. 149, § 3.
NMSA 1978, § 10-11B-4 Firefighters' survivors fund created
10-11B-4. Firefighters' survivors fund created
The "firefighters' survivors fund" is created in the state treasury and shall be administered by the state fire marshal. The fund shall consist of all gifts, donations and bequests of money to the fund as well as any appropriations and distributions made to the fund. Earnings from investment of the fund shall be credited to the fund. Money in the fund is appropriated to the state fire marshal for the purpose of paying death benefits pursuant to the Firefighters' Survivors Supplemental Benefits Act and shall be paid out only upon warrants issued by the secretary of finance and administration pursuant to vouchers signed by the state fire marshal. Any unexpended or unencumbered balance remaining in the fund at the end of any fiscal year shall not revert.
Laws 2007, ch. 149, § 4.
NMSA 1978, § 10-11B-5 Firefighters' survivors supplemental benefits; review committee; determination; payment
10-11B-5. Firefighters' survivors supplemental benefits; review committee; determination; payment
A. There is created the "firefighters' survivors supplemental death benefits review committee". The committee shall consist of the attorney general or the attorney general's designee and the fire services council.
B. The firefighters' survivors supplemental death benefits review committee shall determine whether a firefighter has been killed in the line of duty and advise the state fire marshal of that determination. In addition to any other death benefits provided by law, the surviving spouse or children shall be paid one million dollars ($1,000,000) as supplemental death benefits whenever a firefighter is killed in the line of duty. The benefits shall be paid from the fund.
C. The benefits shall be paid entirely to the surviving spouse. If there is no surviving spouse, the benefits shall be distributed in pro rata shares to all surviving children. If there are no surviving children or spouse, benefits shall be distributed to the surviving parents of the firefighter.
Laws 2007, ch. 149, § 5; 2014, ch. 17, § 1; 2020, ch. 9, § 27; 2023, ch. 111, § 1.
Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18510/index.doFetched: 10/20/2026