Opinion No. 60-93
May 18, 1960
TO: Earl Stull, Jr., Director Las Cruces Urban Renewal Agency 122 W. Hadley Avenue Las Cruces, New Mexico
QUESTION
QUESTION
Is the Urban Renewal Agency of Las Cruces an affiliated public employer under the Public Employees Retirement Association?
CONCLUSION
Yes.
OPINION
{*458} ANALYSIS
The authority for the establishment of an urban renewal agency is found in § 17 (A), Chapter 56, Laws of 1959, and provides:
"There is created in each municipality a public body corporate and politic to be known as the 'urban renewal agency' of the municipality;. . ." (Emphasis supplied).
A "public employer" means the State of New Mexico or any municipality in the State of New Mexico, see § 5-5-1 (E), N.M.S.A., 1953 Compilation (P.S.), and the definition of a municipality will be found in subsection (D) of § 5-5-1, supra, as follows:
"'Municipality' means any municipality, city, county and conservancy district in the state of New Mexico, including the boards, departments, bureaus and agencies of the said municipality, city, county or conservancy district." (Emphasis supplied).
{*459} It is clear, therefore, that the Urban Renewal Agency created pursuant to Chapter 56, Laws of 1959, is an affiliated public employer under the Public Employees Retirement Association.
By: B. J. Baggett
Assistant Attorney General